Unfair Competition

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California’s Unfair Competition Law (UCL), set forth in Business and Professions Code Section 17200, was created to protect both businesses and consumers from unlawful, unfair, or fraudulent practices. This broad law covers a wide range of misconduct, from false advertising to misappropriation of trade secrets, and it serves as one of the state’s most powerful tools against deceptive conduct in the marketplace.

Unfair competition can strike in many ways: a competitor misrepresents their products to steal your customers, a business uses fraud to gain an edge in a deal, or a company exploits vulnerable consumers with misleading practices. No matter the form, the result is the same—serious harm to your finances, your reputation, and your ability to compete fairly.

Violations of the UCL carry steep consequences. Courts can impose civil penalties, order restitution for victims, and issue injunctions to stop unlawful conduct. But these cases are complex, requiring a lawyer who understands both the technical details of the statute and the strategies needed to win in court.

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An Experienced Advocate in Unfair Competition Litigation

For more than 40 years, Timothy D. McGonigle, PC has been a trusted advocate for individuals and businesses harmed by unfair competition. As a seasoned plaintiff’s litigator, Timothy has built a career on exposing deceptive practices and holding wrongdoers accountable.

Unlike simple business disputes, unfair competition cases often involve layers of misconduct—fraud tied to advertising, trade secret theft wrapped in a partnership dispute, or intentional interference with contracts. Timothy’s experience allows him to cut through the complexity, build compelling cases, and pursue both financial compensation and court orders to stop unlawful behavior.

Our firm not only seeks damages but also works to halt the unfair practices themselves, ensuring that clients can move forward with confidence and integrity restored.

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Common Types of Unfair Competition Cases We Handle

Unfair competition covers a wide spectrum of unlawful conduct. Some of the most common claims include:

• Tortious Interference: When one party unlawfully disrupts another’s contractual or business relationships, such as poaching clients through deceit or pressuring vendors to break agreements.
  
  

• False Advertising: Misleading statements about products or services—whether in print, digital marketing, or direct communication—that deceive consumers and create unfair market advantages.
  
  

• Trade Secret Theft: Stealing or misusing confidential information like customer lists, formulas, or business strategies to gain competitive leverage.
  
  

• Fraudulent Acts: Deliberate deception in transactions, contracts, or negotiations that cause harm to competitors or consumers.
  
  

• Exploitation of Seniors or Disabled Individuals: Unethical or unlawful practices specifically targeting vulnerable groups, often leading to both civil penalties and reputational consequences.
  
  

Each of these claims carries unique challenges, from gathering evidence to proving intent. Our firm conducts thorough investigations, leverages expert testimony, and builds cases that resonate with judges and juries alike.

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Why These Cases Matter

Unfair competition doesn’t just hurt businesses—it hurts entire communities. When false advertising deceives consumers, when fraud distorts fair markets, or when trade secrets are stolen, trust in the marketplace erodes. Companies that play by the rules are forced to compete on an uneven playing field, while individuals suffer financial and emotional harm.

By bringing unfair competition claims, victims not only protect themselves but also set an example that strengthens integrity across California’s economy. Timothy McGonigle has dedicated his career to ensuring that businesses and individuals alike can compete honestly, free from the damaging effects of unlawful practices.

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Protecting Your Rights Under the UCL

If you believe your business—or your family—has been harmed by unfair competition, you don’t have to face it alone. These cases are complex, but the law is on your side. With over four decades of litigation experience, Timothy McGonigle provides the strategic advocacy you need to enforce your rights, recover losses, and restore fair competition.

👉 Contact our Los Angeles office today to schedule a confidential consultation with a California unfair competition lawyer who will fight for justice on your behalf.

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Frequently Asked Questions About Unfair Competition in California

Q1: What is considered “unfair competition” under California law?
California’s Unfair Competition Law (UCL), Business & Professions Code §17200, defines unfair competition as any unlawful, unfair, or fraudulent business act or practice. This includes false advertising, fraud, trade secret theft, and other deceptive conduct.

Q2: Who can file an unfair competition claim?
Both consumers and businesses can bring claims if they’ve been harmed by unfair or deceptive practices. Competitors often file claims to stop unlawful practices that give others an unfair market advantage.

Q3: What remedies are available in an unfair competition case?
Remedies may include restitution to compensate victims, injunctions to stop unlawful conduct, and civil penalties. While punitive damages are rare under the UCL, they may be available in related fraud claims.

Q4: How is unfair competition different from regular business disputes?
A business dispute may involve breach of contract or negligence, while unfair competition involves deceptive or unlawful practices that go beyond simple disagreements and impact broader marketplace fairness.

Q5: Can I sue for false advertising under the UCL?
Yes. False or misleading advertising is one of the most common forms of unfair competition. Both consumers and competitors can bring claims to hold companies accountable.

Q6: How do I prove an unfair competition claim?
Evidence may include misleading advertisements, internal communications, financial records, or testimony showing that the defendant’s conduct was unlawful, unfair, or fraudulent and that it caused harm.

Q7: How long do I have to file a UCL claim in California?
The statute of limitations is generally four years from the date of the unlawful act. However, acting sooner helps preserve evidence and strengthens your case.

Q8: Can unfair competition claims overlap with fraud claims?
Yes. Many cases involve both. Fraud requires proof of intentional misrepresentation, while unfair competition focuses more broadly on unlawful or deceptive conduct. Filing both claims may maximize your recovery.

Q9: What industries are most affected by unfair competition?
Unfair competition can occur in any industry, but it is especially common in technology, healthcare, real estate, finance, and consumer products where trade secrets, advertising, and competition are critical.

Q10: Do unfair competition cases always go to trial?
Not always. Many cases settle through negotiation or mediation once the evidence of unlawful conduct is clear. But if trial is necessary, our firm is fully prepared to litigate aggressively on your behalf.

Q11: Can my business recover losses caused by unfair competition?
Yes. Restitution and other damages may be available to compensate for financial harm caused by competitors who engaged in unlawful practices.

Q12: How do I know if I have a valid unfair competition claim?
The best way is to consult with an experienced California unfair competition lawyer. Timothy McGonigle reviews the facts, the evidence, and the impact on your business or finances to determine the strength of your case.