159 results for 'cat:"Consumer Law" AND cat:"Class Action"'.
J. Watson denies the newspaper subscribers' motion for class certification, ruling that because the newspaper gave different information concerning subscription length, price and "premium editions," the subscribers cannot satisfy commonality or typicality requirements.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 26, 2024, Case #: 2:19cv4262, NOS: Other Contract - Contract, Categories: Fraud, consumer Law, class Action
J. Solomon finds that the appellate division improperly allowed plaintiffs to continue class claims contending a company offered "illusory discounts" to Aeropostale shoppers by making fake markdowns. While the shoppers adequately pleaded deceptive conduct, ascertainable loss had not been proven, and nothing indicated the shoppers tried to return the items or that the clothing had any kind of defect. Reversed.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: March 25, 2024, Case #: A-50-22, Categories: Fraud, consumer Law, class Action
J. Azrack transfers a putative class action against the Hard Rock Hotel and Casino in Atlantic City from this New York court to the U.S. District of New Jersey. The complaint alleges the casino violates state consumer protection laws when it issues cash-out tickets, which can then be redeemed at various kiosks inside casino, instead of cash for certain transactions. His injuries ultimately occurred in New Jersey, so this court lacks personal jurisdiction over the case.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: March 24, 2024, Case #: 2:22cv6758, NOS: Truth in Lending - Torts - Personal Property, Categories: consumer Law, Venue, class Action
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J. Schofield partially denies the insurer's motion to dismiss a class action challenge to its policy of reducing the value of vehicles totaled in a car wreck and therefore paying less on insurance claims for those vehicles. A reasonable jury could find that the insurer engaged in misleading practice regarding the calculation of the value of accident victims' cars, but the complaint's claims based on alleged violations of Regulation 64 rest on an incorrect reading of the law.
Court: USDC Southern District of New York, Judge: Schofield, Filed On: March 22, 2024, Case #: 1:21cv6243, NOS: Other Contract - Contract, Categories: Insurance, consumer Law, class Action
J. Clark denies the car buyer's motion to certify a class of buyer's allegedly misled by the insurer about damages to their cars. The insurer obtained a clean title for the car after it had been involved in an accident and sold for salvage. It was then resold to the buyer, who was unaware of its accident history. However, purchase of a mistitled vehicle does not, by itself, prove reliance. Therefore, individual questions of reliance predominate because they rely upon the circumstantial evidence of each purchase.
Court: USDC Eastern District of Missouri, Judge: Clark, Filed On: March 14, 2024, Case #: 4:22cv385, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, consumer Law, class Action
J. Carr denies the newspapers' motion to dismiss, ruling their disclosure of subscribers' personal information to Meta whenever they interacted with a video on the newspapers' websites constitutes a concrete injury and gives the subscribers standing to pursue claims under the Video Privacy Protection Act. Meanwhile, the subscribers are considered consumers under the Act because the purpose of their accounts and submission of personal data is to access the newspapers' main business, the distribution of news, including the videos, which are not ancillary services.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: March 13, 2024, Case #: 3:23cv302, NOS: Other Statutory Actions - Other Suits, Categories: consumer Law, Privacy, class Action
J. Fashing grants Wells Fargo's motion to compel arbitration, ruling the arbitration clause in the child support recipients' contract for a debit card is enforceable and requires their claims regarding unauthorized withdrawals to be settled via arbitration. However, the administrator of the support payment debit cards is not entitled to compel arbitration because the agreement on specifies the bank and excludes any other parties; therefore, the claims against the administrator will proceed.
Court: USDC New Mexico, Judge: Fashing, Filed On: March 12, 2024, Case #: 1:23cv202, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, consumer Law, class Action
J. Daniel partially grants Walmart’s motion to dismiss a trio of consumers’ fraud class action, brought over the overstated thread count of Walmart’s “Hotel Style” bed sheets. The court finds the consumers have sufficiently alleged fraud under Illinois law, as well as unjust enrichment, common law fraud, breach of warranty and negligent misrepresentation, on the basis that the sheets have less than half the 800-thread count advertised on their packaging. But the court also finds the consumers lack standing for injunctive relief as they have no plans to purchase the same sheets in the future, so they will not be falsely advertised to again. The court also dismisses the plaintiffs’ claims under California law, citing lack of jurisdiction.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: March 11, 2024, Case #: 1:23cv5315, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, consumer Law, class Action
J. Green finds a lower court properly dismissed Visa and Mastercard's motion to appeal a ruling in favor of the Commercial and Interregional Card Claims in a class action. Visa and Mastercard argued that the class of consumers were obligated to pay multilateral interchange fees when using credit cards to make purchases. However, the class of consumers sufficiently showed in court that the credit card companies' fees deprived merchants financial gains. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Green , Filed On: March 7, 2024, Case #: CA-2023-1991, Categories: consumer Law, class Action
J. Martinez declines to dismiss the claims under Oregon’s Unlawful Trade Practices Act and California’s Unfair Competition Law in the consumers' class action claiming that Amazon prevented them from unsubscribing from Audible and other Amazon services with overly complex cancellation procedures and by not explaining the terms of its automatic renewal programs. The consumers prove their prime facie case because the states' automatic renewal laws require businesses to give consumers a “timely, and easy to-use-mechanism for cancellation” in the acknowledgements, and the consumers show multiple instances where they struggled to cancel their subscriptions either by phone or online.
Court: USDC Western District of Washington, Judge: Martinez, Filed On: February 26, 2024, Case #: 2:22cv910, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, consumer Law, class Action
J. Robart declines to dismiss the Washington Consumer Protection Act claim in the timeshare owners' class action alleging that Happy Hour Media Group did not truly assist them in "exiting" their timeshare obligations in various resort properties. False advertising can be an unfair or deceptive practice under the WCPA, and the timeshare owners sufficiently allege that Happy Hour knowingly provided false information when promoting Reed Hein & Associates, because Happy Hour “drafted advertising and marketing content used by” Reed Hein and Lampo Group.
Court: USDC Western District of Washington, Judge: Robart, Filed On: February 23, 2024, Case #: 2:23cv630, NOS: Other Fraud - Torts - Personal Property, Categories: consumer Law, class Action, False Advertising
J. Alonso partially grants an almond company’s motion for judgment in a prospective nationwide consumer class action. The prospective class representative alleges she was defrauded by the company’s “smokehouse” brand of almonds because the nuts are flavored with liquid smoke, not in an actual smokehouse. The court dismisses the consumer fraud claims brought under Idaho, Iowa, Nebraska, South Dakota, West Virginia and Wyoming law, but allows the claims brought under Illinois and several other states’ laws to stand.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: February 22, 2024, Case #: 1:22cv1591, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, consumer Law, class Action
J. Martinez-Olguin allows some class claims to continue against Simpson Imports from consumers who say the company sells canned tomatoes that are labeled as being higher-end San Marzano tomatoes, when they are actually standard tomatoes. The products are sold with "SMT" on the label that the company claims stands for San Merican tomato, and while that interpretation may hold up later in court, at this early stage it is plausible that consumers are being duped into believing that the label is referring to the more expensive San Marzano.
Court: USDC Northern District of California, Judge: Martinez-Olguin, Filed On: February 20, 2024, Case #: 3:23cv2214, NOS: Other Fraud - Torts - Personal Property, Categories: consumer Law, class Action, False Advertising
J. Schutz finds that in class actions where a request for class certification is denied, the lead plaintiff may still bring an individual claim against the defendant, and because there were questions of fact in this case as to whether the lead plaintiff suffered damages under the Colorado Consumer Protection Act, his claim will be reinstated. Although the lead plaintiff was reimbursed by his credit card company for unauthorized monthly charges assessed by the charity, the charity provided no evidence to prove it had made payments to the credit card company and, therefore, can be held liable for damages. Reversed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: February 15, 2024, Case #: 2024COA16, Categories: Damages, consumer Law, class Action
J. Trauger denies the dental care provider plaintiffs' motion for class certification in this suit alleging false advertising and fraud in connection with the defendant company's plastic aligners, which were allegedly sold "for orthodontic use." The dental care providers have "failed to satisfy either Rule 23(a) or Rule 23(b)" for class certification. Additionally, the defendants' motions to exclude certain testimony are denied as moot.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: February 12, 2024, Case #: 3:19cv845, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, consumer Law, class Action
J. Halpern partially denies the food manufacturer's motion to dismiss a consumer class action alleging the labeling on its "Graham Crackers" product is deceptive because they contain more flour than graham flour. The consumer adequately alleges that she would not have bought the product had she known it was predominately made with white flour. However, the consumer failed to fulfill the statutory requirements to file suit under Connecticut, New Jersey and Delaware law.
Court: USDC Southern District of New York, Judge: Halpern, Filed On: February 8, 2024, Case #: 7:22cv6089, NOS: Other Fraud - Torts - Personal Property, Categories: consumer Law, class Action
J. Chen trims a consumer’s class action lawsuit and preserves a single claim for deceptive business practices under Massachusetts state law against Laundromax, a nation wide chain of laundromats. She claims the chain sells laundry cards for use in their laundry mats which cannot be used when the balance gets too low, nor can the balance be refunded, a system that she claims functions as a hidden fee not disclosed to customers. She plausibly alleges under a theory of unfairness that the company designed its price structure to prevent card balances from ever reaching zero, resulting in millions of dollars in revenue to which it was not entitled.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: January 29, 2024, Case #: 1:22cv1750, NOS: Truth in Lending - Torts - Personal Property, Categories: consumer Law, Business Practices, class Action
J. King finds the lower court properly denied class certification to the counseling company. In this putative class action, where 1000s of recipients accused the financial group of sending unsolicited advertisements by fax, the 59,000 recipients were each sent the fax individually or by an online fax service that is not reached by current law. Affirmed.
Court: 4th Circuit, Judge: King, Filed On: January 22, 2024, Case #: 22-1119, Categories: Communications, consumer Law, class Action
[Consolidated.] J. Chen approves $3.16 million in attorney fees, plus $138,000 in costs, to counsel representing consumers in two putative class actions that alleged the maker of Cottonelle wipes falsely advertised the products as “flushable” The court previously approved a $20 million award to settle the two actions. The court further awards $10,000 and $5,000 to each class representative.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: January 17, 2024, Case #: 1:14cv1142, NOS: Other Statutory Actions - Other Suits, Categories: consumer Law, Attorney Fees, class Action
J. Marbley grants the background check agency's motion to dismiss the consumer's class action allegations, ruling her experience involving inaccurate information sent to a potential employer is insufficient to prove, even at this early stage in litigation, the agency failed to implement proper standards when publishing background information.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: January 16, 2024, Case #: 2:22cv2375, NOS: Consumer Credit - Other Suits, Categories: consumer Law, class Action