Law Practice,
Corporate,
Appellate Practice
Jul. 22, 2022
Contours of safe harbor defense continue to shift
The courts continue to wrestle with the safe harbor defense. There is disagreement whether the safe harbor defense applies to executive, as well as legislative actions, and to claims of false or fraudulent, as well as unfair, business practices
David M. Axelrad
Partner
Horvitz & Levy LLP
Email: daxelrad@horvitzlevy.com
UC Hastings COL; San Francisco CA
UCL Safe Harbor Article
California’s unfair business practices statute, Business and Professions Code section 17200 (section 17200), prohibits “unlawful,” “unfair,” or “fraudulent” acts or practices. (See Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co. (1999) 20 Cal.4th 163, 180.) California’s statute, like many other state statutes, is similar to the Federal Trade Commission Act (FTC Act) which, since 1938, has broadly...
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