Plaintiff consumer appealed an order from the Superior Court of San Diego County (California), which declined to certify under Code Civ. Proc., § 382, a class of buyers who purchased items from defendant seller that were misidentified as made in the United States. The consumer alleged unfair competition, false advertising, fraudulent concealment, unjust enrichment, and a violation of the Consumer Legal Remedies Act, Civ. Code, § 1750 et seq.
Overview: last paycheck California
Information on the seller's website stated that the clothing items purchased by the consumer had been made in the United States. When the items were delivered, the consumer discovered that the items had labels showing they were made outside the United States. He alleged that he had relied on the country-of-origin information in making the decision to purchase the items. The seller presented evidence that a computer programming error had caused inaccurate information to appear under a particular tab, that the majority of customers had not clicked on the tab before making their purchases, and that it would be impossible to determine which of the remaining customers had seen the mislabeling without asking each of them individually. The court held that substantial evidence supported the trial court's conclusions that the evidence did not establish an ascertainable class and that the proposed class was overbroad. Most class members lacked standing under Bus. & Prof. Code, § 17203, as to unfair competition under Bus. & Prof. Code, § 17200 et seq., and false advertising under Bus. & Prof. Code, § 17500 et seq., because they were never exposed to the alleged misrepresentation.
Outcome
The court affirmed the trial court's order.