|
3728 REVIEW DENIED An action for breach of warranty under the Commercial Code can not be maintained in connection with the sale of services rather than goods; a satellite TV company's statement that its system delivers "crystal clear digital video," and "CD-quality" audio was a mere boast that will not support an action under the Consumer Legal Remedies Act or False Advertising Act; statements that the system provided 50 channels seven days a week were assertions of fact that can support actions under the Consumer Legal Remedies Act, False Advertising Act, and Unfair Competition Law if the statements were false and likely to deceive the reasonable consumer; the likelihood that the reasonable consumer would be deceived is a question of fact and can be established by testing, scientific literature, or anecdotal evidence.CitationCONSUMER ADVOCATES v ECHOSTAR (Satellite TV) 113 CA4 1351 [See: ComC 2105(a); CivC 1770; B&PC 17500 etseq; 17200 etseq; Lavie v Procter & Gamble 105 CA4 496 T/AT 2/03; National v King Bio 107 CA4 1336, P/AT 5/03]
|
|
