California Supreme Court Opens Up New Avenues for UCL

By: Barry S. Landsberg | Joanna S. McCallum
– Law360

In an opinion issued recently, the California Supreme Court interpreted the Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq., to allow a UCL unlawfulness claim based on a "borrowed" federal law, even though Congress had repealed that law's private enforcement provision. Rose v. Bank of America NA, __ Cal. 4th __.

The court based its holding at least in part on the fact that the federal statute contained an express "savings clause," stating that state laws consistent with the federal law were not superseded.

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