CLRA Bona Fide Error and Correction Defense: What Consumers Should Know
Introduction
The Consumers Legal Remedies Act (CLRA) gives businesses a defense to damages if certain strict conditions are met. If the business proves its violation of the CLRA was an unintentional “bona fide error”—and promptly provides a reasonable correction or remedy—damages may not be awarded. Civ. Code § 1784.
What Must the Business Prove?
To avoid liability for damages under this defense, the defendant must show both:
The CLRA violation was not intentional and resulted from a bona fide error, even though reasonable procedures were used to avoid such error;
Within 30 days of receiving the consumer’s notice of violation, the business made, or agreed to make within a reasonable time, an appropriate correction, repair, replacement, or remedy for the product or service.
Civ. Code § 1784; Lunada Biomedical v. Nunez, 230 Cal. App. 4th 459, 471 (Ct. App. 2014).
Practical Guidance for Consumers
If you file a CLRA claim for damages, expect the business may assert a bona fide error and correction defense—especially if you receive a prompt remedy offer after your written notice.
Be prepared to show why the correction was not adequate, untimely, or why the business’s conduct was intentional or reckless.
Know that even if a damages claim is barred by correction, you may still assert other claims or remedies under different statutes.
Flores v. Southcoast Automotive Liquidators, Inc., 17 Cal. App. 5th 841, 852 (Ct. App. 2017).
Bottom Line
The CLRA gives businesses a safe harbor for unintentional errors if, after reasonable notice, a proper correction is quickly made. Consumers seeking damages must be sure the business’s defense does not apply; legal advice from an attorney (e.g., myself) can help evaluate and address these arguments.
Citations
Civ. Code § 1784; CACI No. 4710; Lunada Biomedical v. Nunez, 230 Cal. App. 4th 459 (Ct. App. 2014); Flores v. Southcoast Automotive Liquidators, Inc., 17 Cal. App. 5th 841 (Ct. App. 2017).
