Proposition Summary

Limits on Private Enforcement of Unfair Business Competition Laws. Initiative Statute. • Limits individual’s right to sue by allowing private enforcement of unfair business competition laws only if that individual was actually injured by, and suffered financial/property loss because of, an unfair business practice. • Requires private representative claims to comply with procedural requirements applicable to class action lawsuits. • Authorizes only the California Attorney General or local government prosecutors to sue on behalf of general public to enforce unfair business competition laws. • Limits use of monetary penalties recovered by Attorney General or local government prosecutors to enforcement of consumer protection laws. Summary of Legislative Analyst’s Estimate of Net State and Local Government Fiscal Impact: • Unknown state costs or savings depending on whether the measure significantly increases or decreases court workload related to unfair competition lawsuits and the extent to which funds diverted by this measure are replaced. • Unknown potential costs to local governments depending on the extent to which funds diverted by this measure are replaced.

Proposition Number

64

Year

2004

Document Type

Proposition

Pass/Fail

Pass

Popular Vote Results

Y:6571694; A:59; N:4578725; B:41; Abst:1439264; C:11.43

Election Type

General Election

Proposition Type

Initiative Statute

For Author

RAY DURAZO, Chairman, Latin Business Association; MARTYN HOPPER, State Director, National Federation of Independent Business; MARYANN MALONEY, Citizens Against Lawsuit Abuse

Against Author

ELIZABETH M. IMHOLZ, Director, Consumers Union, West Coast Office; SUSAN SMARTT, Executive Director, California League of Conservation Voters; DEBORAH BURGER, RN, President, California Nurses Association

Rebuttal Author

ELIZABETH M. IMHOLZ, Director, Consumers Union, West Coast Office; SUSAN SMARTT, Executive Director, California League of Conservation Voters; DEBORAH BURGER, RN, President, California Nurses Association

Rebuttal Against Author

JOHN KEHOE, Founding Director, Senior Action Network; ALLAN ZAREMBERG, President, California Chamber of Commerce; CHRISTOPHER M. GEORGE, Chairman of the Board of Governors, Small Business Action Committee

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