MBE Rules · Remedies
UCL Remedies
Bus. & Prof. Code § 17203
The rule
Unfair-competition claims support only restitution and injunctive relief — no damages and no nonrestitutionary disgorgement — and restitution is limited to money or property the defendant took from the plaintiff.
In plain English
Under the Unfair Competition Law (UCL), a plaintiff can seek restitution and injunctive relief but cannot recover damages or nonrestitutionary disgorgement. Restitution is restricted to the return of money or property that the defendant wrongfully obtained from the plaintiff.
Worked example
A company falsely advertised its product, leading consumers to purchase it based on misleading claims. The affected consumers file a UCL claim seeking restitution for the money they spent on the product. The court orders the company to return the money to the consumers, as this aligns with the UCL's focus on restitution.
Memory hook
UCL: Restitution rules the day, no damages in play.
The trap
Exams may present scenarios where students might be tempted to argue for damages or nonrestitutionary disgorgement, which are not available under the UCL. This can lead to confusion if students overlook the specific limitations of the remedies.
How examiners test it
Questions often involve fact patterns where a plaintiff seeks various forms of relief, testing the candidate's knowledge of the UCL's strict remedy limitations. Look for cues that indicate unfair competition claims to identify the applicable remedies.
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