New UCL preemption decision: Harris v. Investor's Business Daily

In Harris v. Investor's Business Daily, Inc., ___ Cal.App.4th ___ (Mar. 29, 2006), the UCL claim was predicated on an alleged violation of the federal Fair Labor Standards Act (29 U.S.C. §§200 et seq.). The Court of Appeal (Second Appellate District, Division Four) held that the FLSA's "opt-in" requirement did not preempt the "opt-out" requirement of Code of Civil Procedure section 382, which would govern a UCL class action. Harris is virtually identical to Bahramipour v. Citigroup Global Markets, Inc., 2006 WL 499132 (N.D. Cal. 2006), in which Judge Claudia Wilken reached the same conclusion. My original post on Bahramipour is here.