What is the burden of proof for consumer fraud claims?

In California, the burden of proof for consumer fraud claims is "preponderance of the evidence," which means that the plaintiff (the person making the claim) must show that the facts presented are more likely than not true. This standard of proof is lower than the "beyond a reasonable doubt" standard required in criminal cases. When a consumer fraud claim is brought to court, there are two sides--the plaintiff and the defendant. The plaintiff must present evidence proving that the defendant took unfair or unlawful actions to defraud him or her. This evidence might come in the form of consumer surveys, documents that detail the defendant’s actions, or accounts from other people who were affected. It is important for the plaintiff to show as much evidence as possible to support their claim. In addition to evidence, the plaintiff must show that the defendant acted knowingly and willingly to defraud him or her. That means they must prove that the defendant knew of their dishonesty or was at least reckless in their actions. They must also prove that the defendant had a clear intent to deceive or defraud them. If the plaintiff is able to prove that the defendant acted with knowledge and intent to defraud, and present enough evidence to meet the standard of proof, the court may find the defendant liable for consumer fraud.

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