592 results for 'cat:"Consumer Law"'.
J. Brennan denies the consumer's motion for leave to file a second amended complaint, ruling her failure to inform the court the amended complaint would include new factual allegations was misleading, while the eight month delay between the filing of the first amended complaint and her motion was not supported by good cause and unnecessarily delayed the litigation.
Court: USDC Southern District of Ohio, Judge: Brennan, Filed On: April 9, 2024, Case #: 1:22cv1111, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Civil Procedure, consumer Law, Class Action
J. Gilliam dismisses false advertising claims against Dole from consumers who say the company misrepresents their line of fruit and drink products as being healthy and nutritious, when in fact many of the products derive most of their calories from sugar. The consumers challenge phrases on the packaging such as, "We promise to provide everyone, everywhere with good nutrition," but these phrases are surrounded by analogies and playful drawings. They are "vague and aspirational" statements that are common in exaggerated advertising, leaving no room for claims based on them to survive.
Court: USDC Northern District of California, Judge: Gilliam, Filed On: April 8, 2024, Case #: 4:23cv3320, NOS: Other Fraud - Torts - Personal Property, Categories: consumer Law, Class Action, False Advertising
J. Castañeda issues a multipronged discovery order in a lawsuit brought by an individual against a company for alleged violations of the Telephone Consumer Protection Act — determining, among other things, that it is too late for the company to designate an additional witness because it would be prejudicial to the suing individual.
Court: USDC Western District of Texas , Judge: Castañeda, Filed On: April 5, 2024, Case #: 3:22cv301, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Communications, consumer Law, Discovery
J. Brennan finds that the lower court properly dismissed a consumer class action against an infant formula maker for selling formula made at a facility later deemed unsanitary. At the time of purchase, there was no known risk of contamination of the product, and therefore the consumers suffered no economic loss at the time of purchase. Consumers claim there was a "potential risk" the products were contaminated, but they were not subject to that risk in a personal and individual way. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: April 2, 2024, Case #: 23-2525, Categories: consumer Law, Class Action
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J. Dillon grants the agency's requested remedies. The agency successfully argued that the loan company, which sells immigration bonds for indigent consumers facing deportation, misled consumers to believe they had paid cash bonds, that they owed the company a debt in the amount of cash bonds, and that the consumer's monthly payments paid down that debt.
Court: USDC Western District of Virginia, Judge: Dillon, Filed On: April 2, 2024, Case #: 5:21cv16, Categories: Immigration, consumer Law, Banking / Lending
J. Kennelly grants a children’s clothing retailer’s motion to dismiss a consumer class action, brought by parents who say school uniforms they bought from the retailer contained polyfluoroalkyl substances. The court finds the parents lack standing to pursue injunctive relief, as they are now aware the uniforms contain the harmful substance. The court also finds the parents have failed to state an actionable claim.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: April 1, 2024, Case #: 1:23cv4899, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, consumer Law, Class Action
J. Mathis finds the district court properly dismissed violations of the Lanham Act and the Tennessee Consumer Protection Act claims brought by FedEx against a consulting company. FedEx alleged a claim for false advertising but fails to plausibly allege the statement was false or misleading. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: April 1, 2024, Case #: 23-5456, Categories: consumer Law, False Advertising
J. Schopler partially dismisses Proposition 65 related claims against the candy manufacturer concerning the amount of lead and cadmium in its chocolate products that are sold without warning labels. The consumer did not give the prelitigation notice required for lawsuits related to Proposition 65. Although she attempts to argue otherwise, most of the consumer’s claims target the chemicals and conduct that Proposition 65 seeks to regulate, as well as the harms the law seeks to prevent.
Court: USDC Southern District of California, Judge: Schopler, Filed On: March 31, 2024, Case #: 3:23cv55, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, consumer Law, Class Action
J. Wolf denies a manufacturer’s motion for summary judgment against a consumer bringing a class action against it in response to its hand sanitizer bottles, which claim on their front label to kill 99.99% of germs, but clarify on their back labels that they kill 99.99% of many common harmful germs. There is enough evidence for a reasonable jury to find the manufacturer’s advertising of its hand sanitizer bottles deceptive and for the consumer to have suffered an economic loss as a result of the deceptive advertising.
Court: USDC Massachusetts, Judge: Wolf, Filed On: March 29, 2024, Case #: 1:20cv11555, NOS: Other Fraud - Torts - Personal Property, Categories: Trade, consumer Law, False Advertising
J. Rothstein declines to dismiss the contract claim of the account holder's complaint alleging that the bank did not properly investigate a $140,000 fraudulent withdrawal. The claim survives because each time the bank allowed a fraudulent transfer was a distinct and separate error instead of a collective single error, and the deposit account agreement requires the bank to investigate any discrepancies a customer brings to its intention and to give the account holder a copy of reviewed investigative documents.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: March 29, 2024, Case #: 3:23cv5698, NOS: Consumer Credit - Other Suits, Categories: Fraud, consumer Law, Contract
J. Schiltz grants the data aggregators' motion to dismiss the consumer's suit alleging that a now-defunct company they sold her data to damaged her reputation by claiming on its website that she had a poor "reputation score." The consumer has alleged an injury-in-fact, traceable to the aggregators, that could be redressed with a favorable judgment. She has not, however, sufficiently pleaded that the defunct company was acting as an agent of the aggregator. Her federal claims fail on that basis, and the court declines to exercise supplemental jurisdiction over her state-law claims.
Court: USDC Minnesota, Judge: Schiltz, Filed On: March 29, 2024, Case #: 0:23cv1769, NOS: Consumer Credit - Other Suits, Categories: consumer Law, Privacy, Class Action
J. Biggs partially denies Experian’s motion to dismiss allegations of credit reporting violations brought by a class of credit consumers. Members of the class claim Experian’s purported attempts at investigating claims they brought against lenders were insufficient. In some cases, Experian allegedly refused to reinvestigate after their findings aligned with the lenders, who had made mistakes on the members’ accounts which caused them to default. The count of failure to conduct re-investigation against Experian survives.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 29, 2024, Case #: 1:23cv409, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, consumer Law, Banking / Lending
J. Carter grants the computer maker's motion to dismiss a consumer class action alleging that it prices its consumer products artificially high in order to promise purchasers a significant discount off the fictitious price. The consumer fails to show that computers are too complex for the average purchaser to evaluate holistically. The computer maker discloses its products' specifications to consumers, so consumers can make value comparisons themselves. Therefore, he cannot show the company deceived consumers in any way.
Court: USDC Southern District of New York, Judge: Carter, Filed On: March 29, 2024, Case #: 1:22cv5131, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, consumer Law, Class Action
J. Drozd denies, in part, Ford’s motion to dismiss class warranty claims arising from a defect in certain EcoBoost engines. They have sufficiently pleaded certain express warranty and implied warranty claims, and claims under the Consumer Legal Remedies Act and California Unfair Competition Law, among others.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: March 29, 2024, Case #: 2:20cv1796, NOS: Contract Product Liability - Contract, Categories: consumer Law, Warranty, Class Action
J. Gonzalez Rogers finds in favor of Plum, a baby food products company, over class claims from consumers who say the company hid the fact that its baby food has trace amounts of toxic metals. The presence of heavy metals in the food supply, baby foods included, has been the subject of media coverage for years prior to this lawsuit and others like it, meaning Plum was not the keeper of any "exclusive knowledge" that it had to disclose on the packaging. Plum has even said as much on its website.
Court: USDC Northern District of California, Judge: Gonzalez Rogers, Filed On: March 28, 2024, Case #: 4:21cv913, NOS: Other Fraud - Torts - Personal Property, Categories: consumer Law, Product Liability, False Advertising
J. Chen dismisses a class action alleging violations of the Telephone Consumer Protection Act stemming from an alleged telemarketing scam. The litigant, an attorney representing himself, fails to rebut assertions that the defendant did not actually make the calls, but that an unknown third-party did and simply transferred the call.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 28, 2024, Case #: 1:23cv5457, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: consumer Law, Class Action
J. Huffaker grants, in part, a debt collector’s motion for summary judgment on the consumer’s unfair credit reporting and debt collection claims. The debt collector failed to reinvestigate the accuracy of the consumer’s name, addresses and social security number. Therefore, the discrepancies show that a dispute does exist as to the procedures being adapted to avoid discoverable errors making summary judgment inappropriate on the Fair Debt Collection Practices Act claim. The consumer’s motion for partial summary judgment is denied because she fails to show that a reasonable investigation would have revealed the inaccurate reporting.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: March 28, 2024, Case #: 1:22cv299, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, consumer Law
J. O'Hearn allows plaintiff to continue claims contending a sales representative for a solar company failed to disclose a financing agreement in relation to solar panel installation because the purported "welcome call" recording has not been authenticated. However, evidence does not support identity theft claims, and that the company sent documents to the wrong email address did not indicate an effort to commit fraud and forgery.
Court: USDC New Jersey, Judge: O'Hearn , Filed On: March 28, 2024, Case #: 1:23cv2623, NOS: Consumer Credit - Other Suits, Categories: Fraud, consumer Law