In In re Insurance Installment Fee Cases, ___ Cal.App.4th ___ (Dec. 13, 2012), the Court of Appeal (Fourth Appellate District, Division One) discussed the three-way split in authority regarding the test for "unfair" conduct in UCL cases brought by consumers. Slip op. at 28-30.
The Court held that the complaint did not allege conduct by the defendant that violated the UCL under any of the tests. Id. at 30-31. The opinion also briefly addresses the "unfair" and "fraudulent" prongs.