592 results for 'cat:"Consumer Law"'.
J. Orrick declines to dismiss class claims against Saraya USA from consumers who say the company misrepresents their granola products as being mostly sweetened by monk fruit. Consumers say the products are instead mostly sweetened by erythritol, a sugar alcohol. Given that the packaging for the products also contains phrases like "sugar free" or "no sugar added," it's reasonable at this stage to infer that buyers are being misled.
Court: USDC Northern District of California, Judge: Orrick, Filed On: June 5, 2023, Case #: 3:22cv5232, NOS: Other Fraud - Torts - Personal Property, Categories: consumer Law, Class Action, False Advertising
J. Conner permits plaintiffs, Pennsylvania residents, to pursue certain consumer protection claims accusing telemarketers of running a number of bogus fundraising campaigns for fake PACs in order to line their pockets with donations because plaintiffs verified telemarketers were directly connected to the political campaigns and that defendants had placed the calls.
Court: USDC Middle District of Pennsylvania, Judge: Conner, Filed On: June 5, 2023, Case #: 1:21cv1668, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Communications, consumer Law, Privacy
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J. Oberto grants an individual’s unopposed motion for preliminary approval of a class action settlement of credit reporting claims. The settlement, which includes an automatic $1,000 payout to each class member in exchange for a broad release of claims, is fair, adequate and reasonable.
Court: USDC Eastern District of California, Judge: Oberto, Filed On: June 1, 2023, Case #: 1:18cv1359, NOS: Consumer Credit - Other Suits, Categories: Settlements, consumer Law, Class Action
J. Conley finds Kia's finance company did not violate any Wisconsin consumer protection laws in attempting to have the consumer's car repossessed when she fell behind on her payments, which involved a repossession employee following her and her son as they drove the car away from her home and onto the interstate before they lost him. All of the consumer's illegal repossession, unlawful debt collection, unconscionable conduct and bad faith claims under Wisconsin law all fail, in part because she has presented no evidence that Kia approved of or directed the actions of the repossession company.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: June 1, 2023, Case #: 3:21cv411, NOS: Other Statutory Actions - Other Suits, Categories: Debt Collection, consumer Law
J. Tunheim awards $43,283 of the consumer's requested $50,000 in attorney fees following a judgment in her favor in her suit against the creditor and credit reporting company alleging that they continued reporting a debt after a conciliation court judge found that the creditor had failed to show that it owned the subject account. The consumer's attorney's requested rate is unreasonably high, but only by $30, not the $65 difference requested by the creditor. Small adjustments in counsel's requested hours are also made.
Court: USDC Minnesota, Judge: Tunheim, Filed On: June 1, 2023, Case #: 0:22cv86, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, consumer Law, Attorney Fees
J. Davis finds the district court improperly dismissed an individual's class claims under the Telephone Consumer Protection Act. The single ringless voicemail attributed to the energy provider is sufficient to constitute a concrete harm to confer standing under the Act. The call clearly disrupted the individual's right to seclusion, and, although the interruption may have been brief, the severity of the intrusion does not prevent it from being considered a concrete harm. Reversed.
Court: 6th Circuit, Judge: Davis, Filed On: June 1, 2023, Case #: 22-3394, Categories: consumer Law, Class Action
J. Flanagan denies, in part, a debt collector's motion to dismiss an individual's consumer claims related to its attempt to collect more than $6,000 in collection fees on a $314 debt she owed a homeowners' association and the subsequent lien it placed on her home. She has alleged sufficient facts to support her claims under the Fair Debt Collection Practices Act and two state debt collection laws, along with her class claims.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: May 31, 2023, Case #: 5:22cv302, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, consumer Law, Class Action
J. Lin grants the plastic surgery practice leave to file a first amended complaint arising from its lawsuit alleging that the cosmetics and reconstructive services companies used a brand similar to that of the plastic surgery practice. The plastic surgery practice simply intends to add factual allegations to the Consumer Protection Act claim, which will not create an undue burden for the cosmetics and reconstructive services companies.
Court: USDC Western District of Washington, Judge: Lin, Filed On: May 31, 2023, Case #: 2:22cv773, NOS: Trademark - Property Rights, Categories: Trademark, consumer Law
J. Diaz finds the lower court improperly dismissed the inmates' families' RICO charges. The families sufficiently pled injury in being overcharged for prison phone calls stemming from the providers' misrepresentation of prices to local governments. Vacated.
Court: 4th Circuit, Judge: Diaz, Filed On: May 25, 2023, Case #: 22-1472, Categories: Government, consumer Law, Racketeering
J. Melloy finds a lower court improperly remanded class claims of deceptive marketing practices against Walmart to State court concerning the sale of a cough suppressant with a "non- drowsy" label. The class of consumers argued that the case should be remanded to state court because the amount in controversy did not exceed $5 million. However, Walmart sufficiently showed in court that the amount exceeds the jurisdictional requirement under the Class Action Fairness Act. Reversed.
Court: 8th Circuit, Judge: Melloy, Filed On: May 24, 2023, Case #: 23-1381, Categories: consumer Law, Jurisdiction, Class Action
J. Shah partially grants a medical services consultant company’s motion to dismiss fraud claims, brought by a sports medicine center that received an unsolicited fax for a Covid-19 aftercare seminar from the company. The court dismisses the sports medicine center’s state law fraud claims, but allows its Telephone Consumer Protection Act claims to proceed. The court also denies the sports medicine center’s motion to strike the consultant company’s affirmative defenses.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: May 22, 2023, Case #: 1:22cv4198, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Fraud, consumer Law, Privacy
Per curiam, the circuit finds that the district court properly dismissed class deceptive trade practices claims brought against a tortilla producer. Images used in the packaging may be associated with Mexico, but packaging contained the statement "Made in the U.S.A." and listed Georgia as the site of manufacture. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 22, 2023, Case #: 22-1805, Categories: consumer Law, Class Action