Posted by Mohsen Parsa | Jul 15, 2021 | 0 Comments
California enacted the California Civil Code §§ 1750 et seq. in 1970 to protect consumers from being taken advantage of by businesses and allows consumers who have been deceived in this way to recover damages. As with many aspects of the law, responding to CLRA demand letters is complicated. To reach a satisfactory outcome—and to avoid paying exorbitant legal fees racked up by plaintiffs—legal help is necessary.
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Posted by Mohsen Parsa | Jun 30, 2021 | 0 Comments
There's no easy way to respond to a false or exaggerated Consumer Legal Remedies Act ("CLRA") claim for California businesses. You need to prove the claim is invalid with evidence and documentation. However, an experience attorney who specializes on CLRA defense can formulate a strategy to either mitigate your liability to completely defuse the false CLRA claim.
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Posted by Mohsen Parsa | Jun 01, 2021 | 0 Comments
When you get a demand letter, review it immediately. If the claim is legitimate, you only have 30 days to cure the defect or provide a correction offer before the consumer can sue for damages under the CLRA. Don’t ignore the demand letter. A legitimate claim also raises a real possibility that you could face a class-action lawsuit if you don’t cure immediately.
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Posted by Mohsen Parsa | May 12, 2021 | 0 Comments
When a consumer suspects or discovers a CLRA violation, they must send a written notice to the business describing the violation. The business then has 30 days to respond and remedy the situation. Whatever the allegation from the consumer, if the company provides a reasonable correction to repair, replace, or otherwise remedy the situation, the consumer cannot seek additional monetary compensation from the business. There is no set-in-stone definition of what a reasonable correction offer entails, and therefore businesses are encouraged to involve an attorney who is well versed with CLRA requirements.
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Posted by Mohsen Parsa | Apr 16, 2021 | 0 Comments
This blog will discuss the requirements that every home improvement contract must include to be in compliance with applicable California laws.
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Posted by Mohsen Parsa | Apr 06, 2021 | 0 Comments
The California Consumers Legal Remedies Act (CLRA), provides consumers with protection against false advertising, fraud, and other unfair business practices. It also allows consumers to bring legal actions to recover damages when they have been misled. But what if they don’t discover the fraud until quite a bit of time has passed? It appears that absent exigent circumstances, California courts are inclined to adhere rather strictly to the three-year statute of limitations on CLRA cases.
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Posted by Mohsen Parsa | Mar 31, 2021 | 0 Comments
For most startups, early financing comes from two places – friends and family or angel investors. Now, the investors in the friends and family round are not necessarily real friends or family members, though they can be. Generally, they are investors willing to invest their personal finances beca...
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Posted by Mohsen Parsa | Mar 18, 2021 | 0 Comments
Domestic and foreign corporations must file Annual Reports in Delaware. The limited liability companies, limited partnerships, and general partnerships do not need to file an Annual Report but they still have to pay their taxes.
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Posted by Mohsen Parsa | Jan 19, 2021 | 0 Comments
Under California law, foreign doesn’t mean a foreign country. It simply means a business that was created in a state other than California, and if you want to do business in the Golden State, you need to qualify or register your business in California.
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Posted by Mohsen Parsa | Jan 11, 2021 | 0 Comments
Does the family that invests together stay together? Under Internal Revenue Code section 318(a), you might be taxed together. Or at least one of you might bear the burden for the entire family’s corporate stock investments. If you and your spouse and children all own stock in the same corporation, section 318 could lead to some surprises at tax time.
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Posted by Mohsen Parsa | Dec 22, 2020 | 0 Comments
The internet makes online innovation and entrepreneurship an easy endeavor. But if you’re contemplating starting an online business in California, there are many legal considerations you should take into account. And it doesn’t end with simple contracts for business ventures. You’ll need to consider the legal ramifications of every decision you make, from your business entity to online data privacy.
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Posted by Mohsen Parsa | Dec 10, 2020 | 0 Comments
Ending a business is rarely an easy decision. But following the proper procedures to formally close it down should be a no-brainer. Formally dissolving your business entity will end its legal existence, but it also reduces the individual liability of a business’s members or shareholders. Failing to end a business formally can leave you open to creditors, lawsuits, and ongoing state filing requirements, penalties, and taxes.
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Posted by Mohsen Parsa | Nov 20, 2020 | 0 Comments
The CLRA is one of the most powerful consumer protection laws in California. Not only does the CLRA make practically every type of misrepresentation illegal, but it also requires companies that are found guilty of violating the Act to pay the attorney's fees and court costs of a consumer who is successful in showing that the company violated the Act. There are several mistakes merchants frequently make that can cause them to run afoul of the CLRA.
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Posted by Mohsen Parsa | Nov 11, 2020 | 0 Comments
Though having a less-than-meticulous contract isn't likely to impact its enforceability, the clearer your contract, the more protected you will be. Even though you may want to jump right into a new venture, think of your contract as your armor. It's important that you have your interests protected and the best way to do that is with a professionally drafted contract.
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Posted by Mohsen Parsa | Oct 20, 2020 | 0 Comments
When you’re managing your startup, one of the first orders of business is to raise funding for your ventures. This will involve attracting and negotiating with investors. These investors will trade capital for equity in your business. Managing these relationships (and funds) can result in a lot of pressure and liability for your young business. It’s a good idea to get the expectations of the investor-startup agreement down in writing. There are currently two main ways to do so: Subscription Agreements, and SAFEs (or Simple Agreements for Future Equity).
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Posted by Mohsen Parsa | Oct 09, 2020 | 0 Comments
If you’re the owner of a small business considering your options for raising capital, or if you’re an investor considering the wisdom of a subscription agreement, there are options for startups that allow businesses to raise money by selling stocks without first registering with the U.S. Securities and Exchange Commission (SEC).
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Posted by Mohsen Parsa | Sep 28, 2020 | 0 Comments
Sweepstakes, giveaways, and contests, oh my! For business owners and consumers, a giveaway always sounds like a great idea. Who doesn’t love free stuff? But if you’re running a giveaway contest in California, you need to know where the legal lines are. While a giveaway, sweepstakes, or contest may be perfectly legal, a lottery is not.
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Posted by Mohsen Parsa | Sep 11, 2020 | 0 Comments
In general, lotteries are prohibited in the U.S. unless run by state governments. Some states, however, carve out exceptions for raffles that follow carefully delineated rules. In California, it is a misdemeanor to conduct a lottery. The only exception to this constitutional ban is a raffle that gives 90% of the gross receipts directly to charitable purposes in the state or 50/50 raffles held by major sports organizations.
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Posted by Mohsen Parsa | Aug 17, 2020 | 0 Comments
As a business owner, few ordeals are as nerve-wracking and potentially damaging to your company’s reputation as a lawsuit. Whether it’s a disgruntled employee, an unhappy client, or a discontented vendor, the repercussions could be permanently damaging without an attorney by your side. When responding to a lawsuit, your legal defense strategy makes a difference in how much impact the case will have on your business.
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Posted by Mohsen Parsa | Aug 10, 2020 | 0 Comments
Holding a copyright for your music has many benefits. The process is simple and every musician is encouraged to copyright their composition and sound recordings to officially protect their music.
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Posted by Mohsen Parsa | Jul 14, 2020 | 0 Comments
At some time, every business will suffer some kind of crisis or emergency. The nature of potential emergencies is as varied as the nature of businesses. A crisis can disrupt your business’ operations, threaten to harm people, damage your reputation, and negatively impact your finances. Just as you don’t do estate planning after you die, you don’t want to be hiring a lawyer in the middle of an emergency. By meeting with a lawyer and discussing your business and all that could wrong in advance, when the emergency hits, you won’t have to start from the beginning. Your lawyer will be able to jump right in and start protecting your interests.
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Posted by Mohsen Parsa | Jul 07, 2020 | 0 Comments
Only a few months into the COVID-19 pandemic, more than 50 class action lawsuits, all related to the pandemic, have already been filed in California because the state is a particularly hospitable venue for consumer class action lawsuits. If you have been accused of violating California’s CLRA, or another consumer protection law, you need an attorney who understands the issues involved and the defenses available.
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Posted by Mohsen Parsa | Jun 30, 2020 | 0 Comments
California’s Consumer Legal Remedies Act (“CLRA”) has protected consumers since 1970, especially consumers who may not be especially savvy. You may know the law better by its colloquial name—the Lemon Law—and you may also know that it is used most often against used car dealers. If your dealership is facing CLRA allegation, you should know that though the CLRA can be a powerful body of law for an unhappy consumer to use against you, you are not powerless. With a skilled, experienced attorney who understands the CLRA at your side, you can avoid protracted and expensive litigation.
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Posted by Mohsen Parsa | Jun 11, 2020 | 0 Comments
The need for urgent solutions to the global COVID-19 pandemic has led the Food and Drug Administration (FDA) to speed the arrival of several diagnostic tests for the virus to the market. While it typically takes several months before the FDA will allow a medical device or test to be sold in the United States, there are times when an urgent need for a product overwhelms the need for a slow and cautious approval. The COVID-19 pandemic is a perfect example of such a time.
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Posted by Mohsen Parsa | May 27, 2020 | 0 Comments
The coronavirus pandemic continues even as businesses start to reopen more and more in June and July throughout California and the United States. It is important to remain cautious, however, since the numbers of COVID-19 cases are still rising in California and many other states. Who knows wh...
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