159 results for 'cat:"Consumer Law" AND cat:"Class Action"'.
J. Huff grants preliminary approval to a $5.69 million settlement in a class action accusing the credit reporting company of reselling inaccurate information with false notations stating that the consumer was deceased. In addition to the monetary award, defendant will also be required to improve its reporting practices to more clearly state that the data it is reporting is precisely the data it received from the nationwide credit reporting agencies and that the company cannot evaluate its content. Class members will each receive pro rata payments from the net settlement fund.
Court: USDC Southern District of California, Judge: Huff, Filed On: October 2, 2023, Case #: 3:22cv498, NOS: Consumer Credit - Other Suits, Categories: Settlements, consumer Law, class Action
J. Browning denies the motion for class certification, ruling that because the proposed class would be determined by subjective criteria, including the state of mind of customers of who saw Kroger's ads for beef from America, it does not meet ascertainability requirements.
Court: USDC New Mexico, Judge: Browning, Filed On: September 29, 2023, Case #: 1:20cv1040, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fraud, consumer Law, class Action
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J. Morrison preserves class action false advertising claims against the makers of Nordic Naturals-brand vitamins and supplements that allege the product’s brand name, displayed prominently on the products’ packaging, misleads consumers into believing they contain natural ingredients when a substantial number of ingredients are synthetic. The court finds that the use of the name “naturals” could be deceiving to a reasonable consumer.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: September 28, 2023, Case #: 1:22cv3195, NOS: Truth in Lending - Torts - Personal Property, Categories: consumer Law, class Action, False Advertising
J. Carter grants Forbes' motion to dismiss a class action alleging that the website forbes.com unlawfully disclosed users' personally identifiable information, including a record of every video clip they view, without their consent to Facebook. The complaint failed to show that Forbes is a "video tape service provider" within the meaning of the Video Privacy Protection Act because Forbes is a news outlet and providing video content is not the focus of its work.
Court: USDC Southern District of New York, Judge: Carter, Filed On: September 28, 2023, Case #: 1:22cv6319, NOS: Other Statutory Actions - Other Suits, Categories: consumer Law, class Action, Technology
J. Birzer grants a vape shop's motion to leave to amend a third- party complaint against a messaging platform. The vape shop sufficiently showed in court that the messaging platform, a third party vendor, sent promotional texts on its behalf.
Court: USDC Kansas, Judge: Birzer, Filed On: September 27, 2023, Case #: 2:22cv2293, NOS: Other Statutory Actions - Other Suits, Categories: Communications, consumer Law, class Action
J. Schlitz partially grants Target's motion to dismiss a negligent misrepresentation, warranty and breach of contract class action brought by the consumers under California, Idaho and Illinois consumer protection laws. The action arose after Up & Up cold-and-flu medicine sold by Target which was labeled as non-drowsy made the consumers drowsy when they used it. The consumers' unjust enrichment claim and breach of contract claim as to one consumer are dismissed. One consumer failed to give Target adequate time to cure the breach. However, the consumers' claims to enforce regulations against false and misleading labeling are not preempted by the Federal Food, Drug and Cosmetic Act.
Court: USDC Minnesota, Judge: Schlitz, Filed On: September 25, 2023, Case #: 0:22cv1576, NOS: Other Fraud - Torts - Personal Property, Categories: consumer Law, class Action
J. DeGravelles denies a request by a credit union to dismiss a Louisiana resident’s amended class action complaint alleging that the institution violated a consumer protection regulation governing electronic fund transfers by not accurately describing its overdraft practices. The litigant has alleged sufficient facts to give rise to the inference that a regulation was violated. The credit union is not covered by the regulation’s safe harbor provision because the suit does not challenge the form in which the disclosures were made.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: September 22, 2023, Case #: 3:22cv368, NOS: Banks and Banking - Other Suits, Categories: consumer Law, Banking / Lending, class Action
J. Stadtmueller denies Kohl's motion to partially dismiss the consumer's lawsuit claiming it violated the Telephone Consumer Protection Act by continuing to send him dozens of promotional text messages after he revoked his consent in writing and failing to send him a copy of its do-not-call policy. Kohl's incorrectly argues that the do-not-call provision mandated by the Act does not apply to text messages, as a 2023 notice from the FCC has already clarified that the provision applies to text messages as well as voice calls, so the consumer's putative class claim under the Act survives.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: September 21, 2023, Case #: 2:23cv597, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: consumer Law, class Action
J. Brennan denies the telemarketers' motion to dismiss, ruling that while the language of the Telephone Consumer Protection Act does not include cell phones, the ubiquitous nature of the devices in modern society qualify them as residential telephones under the Act and afford the class members the same protections, given their numbers were listed on the national Do Not Call Registry.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: September 20, 2023, Case #: 5:22cv712, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: consumer Law, class Action
J. Davila dismiss all of the consumers' claims alleging that McCormick & Company's spices contained dangerous heavy metals like lead and arsenic. The suit takes aim the company's marketing slogan "The Taste You Trust" and claims that the spices are too dangerous for human consumption, but both of these claims fail. The company's marketing slogan falls under the protections of corporate puffery, and the study that consumers point to in their effort to show the dangers of the products only list McCormick's spices as being of "some concern."
Court: USDC Northern District of California, Judge: Davila, Filed On: September 13, 2023, Case #: 5:22cv349, NOS: Other Fraud - Torts - Personal Property, Categories: consumer Law, class Action
[Consolidated.] J. Xinis denies a loan company its motions to compel arbitration and to strike class allegations after two customers brought suit against it for consumer credit protections violations. The customers claim that the company offered credit cards to them, then worked with a third-party institution to offer the short-term unsecured credit, and then bought back the loans in order to obtain the payments. The company argues that the customers are subject to an arbitration provision in the agreement they signed. However, the provision states that the company can change any term in the agreement at any time. In effect, this means that the company has not agreed to any definite guarantees in return for the customers agreeing to accept binding arbitration instead of litigation. Therefore, the provision is unenforceable and the company has no standing for either of its motions.
Court: USDC Maryland, Judge: Xinis, Filed On: September 7, 2023, Case #: 8:22cv2001, NOS: Consumer Credit - Other Suits, Categories: Arbitration, consumer Law, class Action
J. Sannes preserves, in part, a putative class action consumer fraud lawsuit brought against Adidas which allege their authentic NHL jerseys are not the same as those worn on the ice by professional hockey players. The court finds the individual successfully argued that the apparel manufacturer's use of the word "authentic" is misleading due to differences between the two jerseys' fight straps, fabric thickness, stitching, neck holes and other aspects.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: September 1, 2023, Case #: 6:22cv788, NOS: Other Fraud - Torts - Personal Property, Categories: consumer Law, class Action
J. Alonso grants a nutrition company’s motion to strike consumer class allegations and partially grants the company’s motion to dismiss the would-be class representative’s fraud claims. The nutrition company marketed its Think! protein bars as containing no artificial sweeteners, despite containing maltitol syrup, an artificial sweetener. The class rep consumer brought multiple fraud claims as well as nationwide class claims under the Illinois Consumer Fraud and Deceptive Practices Act. But the court finds the ICFA does not apply to consumers outside Illinois, and also finds that the individual fraud claims are incongruous with multiple states’ differing fraud laws. However, it allows the class representative’s unjust enrichment claims to proceed.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: August 31, 2023, Case #: 1:23cv933, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, consumer Law, class Action
J. Bernal finds in favor of the matchmaking company against the users' claim that the company made romantic matches at random instead of cultivating its services for the best possible match, making the company’s service to each of the users worthless. The evidence shows that the company based its matchmaking decisions on the users' preferences, such as race, physical appearance and location, and not on a random process.
Court: USDC Central District of California, Judge: Bernal, Filed On: August 25, 2023, Case #: 5:20cv2352, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, consumer Law, class Action