This case concerns allegations of consumer fraud brought against Wanda Vail, also known as Wanda Smith, by the People of California. Vail "is the owner and publisher of a political newspaper known as 'The Republican,' a private publication devoted ot the discussion of political issues and causes for the avowed purpose of advancing partisan Republican interests and the election of Republican candidates." In 1979, the Alameda County DA brought suit against Vail, "alleging unfair competition and false and misleading advertising." Vail employed a number of telephone sales representatives, who followed a script.

The core of the complaint against Vail was that she was deliberately deceiving potential customers into believing that they contributions would directly benefit the Republican party, when in fact they were benefitting Vail. Vail attempted to argue that her constitutional right to privacy was being violated, but the court wrote that, since this privacy was based on false pretences, her point was moot. Though the People brought a number of accusations aginst Vail, the only crime she was found guilty of was consumer fraud. She was instructed to give refundeds to the defrauded, and their identities were withheld from her.