California Proposition 64, Injury Required for Unfair Competition Lawsuits Initiative (2004)

California Proposition 64
Election date November 2, 2004
Topic Tort law
Status a Approved
Type State statute	Origin Citizens

California Proposition 64 was on the ballot as an initiated state statute in California on November 2, 2004. It was approved.

A "yes" voted supported this ballot measure to: * require a person to have suffered an injury or loss of money to bring an unfair competition lawsuit, and * require any lawsuits brought by individuals, rather than the attorney general or local prosecutors, for unfair competition to be class action lawsuits.

A "no" voted opposed this ballot measure to: require a person to have suffered an injury or loss of money to bring an unfair competition lawsuit, and require any lawsuits brought by individuals, rather than the attorney general or local prosecutors, for unfair competition to be class action lawsuits.

Overview

Proposition 64 was designed to change California's Unfair Competition Law. Proposition 64 required that an individual, other than the attorney general or a local public prosecutor, suffer injury or financial loss to sue a company under the Unfair Competition Law. It also required that these lawsuits, when filed by individuals, be filed as class action lawsuits.

Election results

California Proposition 64
Result		Votes	Percentage
Yes		6,571,694	58.94%
No		4,578,725	41.06%

Results are officially certified.

Source

Text of measure

Ballot title

The ballot title for Proposition 64 was as follows:

“

Limits on Private Enforcement of Unfair Business Competition Laws. Initiative Statute.

”

Ballot summary

The ballot summary for this measure was:

“

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.

”

Full Text

The full text of this measure is available here.

Fiscal impact statement

The fiscal impact statement was as follows:

“

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.

”

Support

Supporters

• Alliance of Automobile Manufacturers
• California Motorcar Dealer's Association
• Greater Los Angeles New Car Dealers Association
• Hewlett-Packard
• Microsoft
• U.S. Chamber of Commerce

Opposition

Opponents

• Consumer Attorneys of California

Path to the ballot

In California, the number of signatures required for an initiated state statute is equal to 5 percent of the votes cast at the preceding gubernatorial election. For initiated statutes filed in 2004, at least 373,816 valid signatures were required.

See also

2004 Measures

• 2004 Measures
• Tort law on the ballot
• 2004 legislative sessions

California

• California ballot measures
• California ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• California 2004 Voter Guide