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Consumer attorneys press California to clarify 'knew or should have known' standard in elder‑fraud cases
Summary
Consumer attorneys told the Little Hoover Commission that California's civil elder‑abuse law needs clarification so plaintiffs can hold intermediaries accountable when they "assist" scams. They urged a 'knew or should have known' standard and warned that federal preemption and federal courts' interpretations have undercut earlier enforcement.
SACRAMENTO — Anne Marie Murphy, a partner at a plaintiffs' firm speaking for Consumer Attorneys of California, urged the Little Hoover Commission to consider state legislative action to restore clarity to civil remedies used against companies that facilitate elder financial scams.
Murphy said the Elder and Dependent Adult Civil Protection Act (often abbreviated in testimony as ADADCPA) reflected legislative intent to allow civil suits where a defendant “knew or should have known” it was assisting financial elder abuse. She told commissioners that subsequent federal court interpretations have tightened that standard — in some cases requiring plaintiffs to show the defendant actually knew it was assisting a scam —…
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