Harold Rose, Plaintiffs and Appellants v. Bank of America, N.a., Defendant and Respondent

Summary

The court held that plaintiffs may use California’s unfair competition law to seek restitution and injunctive relief for practices violating the federal Truth in Savings Act, even though Congress repealed the federal statute’s private damages remedy. Congress preserved consistent state disclosure laws, and a UCL action enforces the UCL rather than creating a private action directly under the federal statute. The court did not decide whether plaintiffs could pursue an unfair-business-practice theory because that issue was not properly raised or adequately briefed.