I don't purport to be a lawyer, if that's what you mean.
The more complex and the deeper you paint the conspiracy, the easier it is going to be to punch holes in your case.
Very good point. The more moving parts in a case, the more difficult to prove, in some respects.
Those codes and 1750 pertain to misleading advertising and deceptive trade practices. So if sites are saying they offer independent and unbiased advice for fees but in reality they're offering worthless advice geared only towards generating commissions for the brokers and themselves, then that's misleading adv. and deceptive trade practices.
Here's the Count in the Complaint referring to this law:
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COUNT VI
VIOLATION OF CIVIL CODE § 1750 ET SEQ.
CONSUMERS LEGAL REMEDIES ACT
AGAINST TRADING PLACES AND THE BROKERAGE DEFENDANTS
81. Plaintiff incorporates by reference and realleges all paragraphs previously alleged herein.
82. Trading Places is a “person” who provides “services” to “consumers” within the meaning of Civil Code §§ 1761(b), (c), (d) and 1770.
83. Plaintiff’s payment of membership fees to Trading Places constitutes a “transaction” within the meaning of Civil Code §§ 1761(e) and 1770.
84. Plaintiff’s payment of commissions to the Brokerage Defendants constitutes a “transaction” within the meaning of Civil Code §§ 1761(e) and 1770.
85. The policies, acts and practices of Trading Places, as described above, were intended to result in the payment for services by Plaintiff to Trading Places and the Brokerage Defendants. These actions violated the Consumers Legal Remedies Act because, as alleged in detail herein, Trading Places, inter alia, represented its service to be of a quality other than that delivered § 1770(a)(7).
COUNT VII
VIOLATION OF BUSINESS AND PROFESSIONS CODE § 17200 ET SEQ.
UNLAWFUL AND UNFAIR BUSINESS ACTS AND PRACTICES
AGAINST ALL DEFENDANTS
86. Plaintiff incorporates by reference and realleges all paragraphs previously alleged herein.
87. Defendants’ acts and practices as described herein constitute unlawful and unfair business acts and practices, in that (1) Defendants’ practices, as described herein, violate the statutes and Civil Code set forth above, and/or (2) the justification for defendants’ conduct is outweighed by the gravity of the consequences to plaintiff and the General Public, and/or (3) Defendants’ conduct is immoral, unethical, oppressive, unscrupulous or substantially injurious to plaintiff and the General Public, and/or (4) the uniform conduct of Defendants, as well as their advertising and written and oral promotional materials and all other written and oral promotional statements, advertising materials, and efforts undertaken and disseminated by Defendants constitute untrue or misleading advertising in that such conduct or advertising has a tendency to deceive plaintiff and the General Public. Such conduct violates Business and Professions Code § 17200 et seq., and other similar state unfair competition and unlawful business practices statutes.
88. Pursuant to Business and Professions Code §§ 17200 and 17203, plaintiff, on behalf of himself and on behalf of the General Public, seeks relief as prayed for below. |
