592 results for 'cat:"Consumer Law"'.
J. Montenegro grants Trader Joe's motion to dismiss some claims in a class action alleging that Trader Joe's dark chocolate products contain lead, cadmium and arsenic, which are not printed on the label. Although the consumers "may not be able to pinpoint a specific level at which these products would become an unreasonable safety hazard or unfit for human consumption, they have to at least provide some connection between the general harms possible from these heavy metals and the levels of heavy metals in these products."
Court: USDC Southern District of California, Judge: Montenegro, Filed On: March 27, 2024, Case #: 3:23cv61, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, consumer Law, Class Action
J. Dooley denies the firearm manufacturers' motion to dismiss for lack of standing, ruling that while the customers' Social Security numbers were not stolen in the data breach, the theft of credit card information - used to make several fraudulent purchases - is sufficient to establish a concrete injury and the threat of imminent harm. However, because the consumers' negligence claim is identical to the contract claim and does not cite any property damage sustained as a result of the manufacturer's negligence, that claim is barred by the economic loss doctrine and must be dismissed.
Court: USDC Connecticut, Judge: Dooley, Filed On: March 27, 2024, Case #: 3:22cv1233, NOS: Other Contract - Contract, Categories: consumer Law, Negligence, Class Action
J. Broderick dismisses a consumer class action alleging that the digital money platform misled consumers into investing in a cryptocurrency via a third-party company called Cred that ultimately lost all its value. The platform did not market this currency as part of the family of its own products, as it boldly showed users a full-page disclaimer taking no responsibility for a customer's choice to read more about the product before directing users to Cred's website.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: March 27, 2024, Case #: 1:21cv7579, NOS: Other Fraud - Torts - Personal Property, Categories: consumer Law, Class Action
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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. Weingart finds that trial court properly denied an e-commerce retailer's motion to compel arbitration of a consumer's claim that a device he bought online did not improve his sexual performance or stamina as advertised. The link to the website's terms of use was too small and inconspicuous to put the consumer on notice about an arbitration agreement. Affirmed.
Court: California Courts Of Appeal, Judge: Weingart, Filed On: March 25, 2024, Case #: B323430, Categories: Arbitration, consumer Law, False Advertising
J. Sargus denies, in part, the mortgage lender's motion to dismiss, ruling its failure to provide any explanation for the $90,000 discrepancy between two loan modification agreements sent to the borrowers gives them a plausible cause of action under federal consumer lending laws after the lender declared them in default even though they made payments under the original modification.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: March 25, 2024, Case #: 2:22cv4070, NOS: Other Statutory Actions - Other Suits, Categories: consumer Law, Banking / Lending
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. Tostrud grants the debt collector's motion to dismiss the purported debtor's action against it alleging that it sought to collect a debt that it did not own and that documents it submitted in state court or sent to her were misleading or inaccurate. The debtor lacks standing to bring two claims under the Fair Debt Collection Practices Act, a claim that the collector attempted to collect a debt it did not own is collaterally estopped by a state-court judgment, and additional FDCPA claims stemming from alleged defects in a state-court summons fail because the summons was not fatally defective.
Court: USDC Minnesota, Judge: Tostrud, Filed On: March 25, 2024, Case #: 0:21cv2614, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, consumer Law
J. Sorokin allows the federal government’s motion for summary judgment against a food retailer suing it for disqualifying the retailer from participating in the Supplemental Nutrition Assistance Program based on the retailer’s alleged trafficking of benefits. The retailer provides generalized explanations, rather than references to the specific data the government relies upon, to dispute the government’s evidence that the retailer is trafficking, and its approach is insufficient against the government’s data.
Court: USDC Massachusetts, Judge: Sorokin, Filed On: March 25, 2024, Case #: 1:22cv10184, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Evidence, consumer Law, Federalism
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
J. Cole denies motions to dismiss and strike allegations outlined in the second amended complaint of a cellular telephone customer who claims the telephone company made unwanted sales calls to her phone in violation of the Telephone Consumer Protection Act. The telephone company’s motion to dismiss brought arguments that had already been reviewed by the court, and the judge denies the motion as a request for reconsideration because it does not present new evidence or show a change in law or error in the prior decision. Although several of customer’s allegations in the second pleading involve internet job postings raising concerns about hearsay, the customer’s claims do not centrally rely on these postings. The judge finds the new evidence relevant as presented and denies the motion to strike allegations.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: March 22, 2024, Case #: 1:22cv152, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Communications, consumer Law
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. Alston grants the creditors' motions to dismiss. The homeowners claim the creditors fabricated evidence, notices, and other documents when initiating foreclosure on their home. The homeowner argues that the underlying debt was discharged in their 2008 Chapter 7 bankruptcy proceeding and that the bankruptcy discharge constitutes a permanent statutory injunction prohibiting creditors from taking any action to collect on the debt. The homeowners do not allege facts sufficient to demonstrate that the creditors fall under the Fair Debt Collection Practices Act's definition of a debt collector.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: March 20, 2024, Case #: 1:23cv736, NOS: Other Contract - Contract, Categories: Bankruptcy, consumer Law, Banking / Lending
J. Zilly denies the debt collector's motion to dismiss the Washington Consumer Protection Act and Washington Collection Agency Act claims in the lease holder's complaint alleging that the debt collector and its employee tried to report a $33,500 debt that the lease holder did not owe for allegedly breaking an apartment lease. The Washington Supreme Court held that a CPA can proceed with an out-of-state plaintiff like the leaseholder if the defendant engaged "in unfair or deceptive acts that directly or indirectly affect the people of Washington," which applies in this case because the debt collector does business in Washington and affects people in Washington.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: March 19, 2024, Case #: 2:22cv1791, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, consumer Law