Day v. AT & T Corp

In Day v. AT & T Corp. (1998) 63 Cal. App. 4th 325, the Court considered the issue in the context of plaintiffs who alleged the defendant's practice of rounding up to the next full minute the charges incurred on prepaid phone cards was deceptive. In finding the practice was sufficient to support a claim for injunctive relief under the UCL, the court stated: "By their breadth, ( 17200, 17500) encompass not only those advertisements which have deceived or misled because they are untrue, but also those which may be accurate on some level, but will nonetheless tend to mislead or deceive. . . . A perfectly true statement couched in such a manner that it is likely to mislead or deceive the consumer, such as by failure to disclose other relevant information, is actionable under these sections." ( Day v. AT & T Corp., supra, 63 Cal. App. 4th at pp. 332-333.)