Day

In this opinion we consider the viability of appellants’ claim for injunctive relief filed to prevent common carriers and retailers who sell prepaid phone cards to the public in several-minute blocks from allegedly engaging in misleading and deceptive advertising. Appellants contend that respondents have improperly failed to disclose in their advertising and packaging materials that calls made with the cards will be charged by rounding up to the next full minute, so that, for example, a call lasting one minute and one second will be debited from the card as a two-minute call. Appellants, who brought this action as private attorneys general on behalf of The People of the State of California, claim that respondents’ advertising practices are unfair and misleading within the meaning of Business and Professions Code sections 17200 and 17500. In the trial court, they sought to enjoin respondents from continuing these practices and asked for a disgorgement of all “ill-gotten profits” resulting therefrom. Respondents, who include two providers of telephone services and four nonprovider phone card retailers, successfully demurred to appellants’ first amended complaint on the…