Consumer Advocates v. Echostar Satellite Corporation

In Consumer Advocates v. Echostar Satellite Corporation (2003) 113 Cal.App.4th 1351, the plaintiff contended under the UCL and CLRA that the defendant providers of satellite television services made false and misleading statements in their brochure, namely, that their system provided "'crystal clear digital video,' 'CD-quality' audio, and an on-screen program guide which would allow a consumer to view the schedule 'up to 7 days in advance,' and that 50 channels would be provided." (Id. at p. 1353.) The trial court granted summary judgment in the defendant's favor. (Id. at p. 1358.) Upholding the trial court's reliance on the reasonable-consumer standard (Echostar, supra, 113 Cal.App.4th at p. 1360), the Court of Appeal found no triable issue of material fact on the plaintiff's claim as to whether the representations about crystal clear digital video or CD-quality audio constituted misrepresentations about the quality or characteristics of goods or false advertising in violation of the CLRA, or were untrue, misleading or fraudulent under the UCL. (Echostar, at p. 1361.) The court stated: " 'Crystal clear' and 'CD quality' are not factual representations that a given standard is met. Instead, they are boasts, all-but-meaningless superlatives, similar to the claim that defendants 'love comparison,' a claim which no reasonable consumer would take as anything more weighty than an advertising slogan." (Ibid.) The court noted that the statements are "akin to 'mere puffing,' which under long-standing law cannot support liability in tort." (Id. at p. 1361, fn. 3, citing Hauter v. Zogarts (1975) 14 Cal.3d 104, 111 120 Cal. Rptr. 681, 534 P.2d 377.) The court explained that the "common experience of television watchers since the beginning of television is that no television delivery system is perfect. Broadcast is subject to interference and reception problems. Cable goes out, usually at inconvenient times. Satellite systems, as plaintiffs have demonstrated, have their own problems." (Echostar, at p. 1361.)