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​Overview

A licensed bail agent's shrinking customer base did not establish its standing to bring a claim under California's Unfair Competition Law

HOLDINGS: [1]-A licensed bail agent's shrinking customer base did not establish its standing to bring a claim under California's Unfair Competition Law, Bus. & Prof. Code, § 17200 et seq., against the operator of an electronic funds transfer (EFT) processing system for payment of cash bail because any diversion of customers was not caused by the alleged unlawful practice (failure to obtain a bail bond license) but rather by the establishment under Gov. Code, § 6159, of the cash bail payment system as an alternative to bond service; [2]-The costs of investigating the operator's conduct also did not establish standing; [3]-Operating an EFT processing system for payment of cash bail without obtaining a bail bond license is not unlawful or unfair; [3]-The licensing requirement did not apply; [4]-The agent did not allege a cause of action under the Lanham Act, 15 U.S.C.S. § 1125(a).

Outcome

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Judgment affirmed.

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