McCann

McCann v. Lucky Money, Inc.

Good Law
129 Cal. App. 4th 1382·2005 Cal. App. LEXIS 900·2005 Daily Journal DAR 6601·29 Cal. Rptr. 3d 437·2005 Cal. Daily Op. Serv. 4827
Court of Appeal of CaliforniaMay 9, 2005G032727California6,300 words

Opinion

Opinion

O'Leary, J.

This action was brought by Francis McCann, as a representative action on behalf of the general public, against Lucky Money, Inc., Servicio Uniteller, Inc., Vigo Remittance Corporations, and International Money Transmission Systems (hereafter referred to collectively and in the singular as Lucky Money). Lucky Money is involved in the business of exchanging customers’ dollars into foreign currency for transmission to a foreign country. The rate of exchange Lucky Money gives its customers is generally less favorable than the rate of exchange at which Lucky Money obtains that foreign currency on the wholesale market. The gist of McCann’s complaint is that Lucky Money commits an unlawful, unfair, and fraudulent business practice under the unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.), engages in deceptive advertising under the false advertising law (FAL) (Bus. & Prof. Code, § 17500 et seq.), and violates the fiduciary duties imposed upon a trustee by Probate Code sections 16002 (duty of loyalty) and 16004 (conflict of interest), when it fails to disclose to the customer that it gets a more advantageous rate of exchange on the wholesale market than it gives…

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