159 results for 'cat:"Consumer Law" AND cat:"Class Action"'.
J. Tjoflat finds that the district court improperly entered an order approving the proposed $35 million settlement agreement, certifying the class and granting attorney fees up to $10.5 million in a class action alleging that GoDaddy violated the Telephone Consumer Protection Act by using an automatic telephone dialing system to make calls and send texts to consumers' phones. The district court failed to apply the latest version of the amended procedural rule in finding that the proposed settlement was fair. The district court breached its fiduciary duty because the approved settlement agreement advanced the attorneys' interests over those of the absent class members. Class counsel provided insufficient information to enable the district court to comply with a procedural rule. The district court also applied an incorrect legal standard in calculating the attorney fees. Vacated.
Court: 11th Circuit, Judge: Tjoflat, Filed On: May 13, 2024, Case #: 21-10199, Categories: Settlements, consumer Law, class Action
J. Chin finds that the district court properly dismissed class telemarketing claims concerning promotional text messages offering free bags of chips with sandwiches because the text-blasting service relied on a preexisting list of numbers submitted by consumers instead of generating numbers, and thus did not meet the definition of an automated dialing system. Meanwhile, the texts did not use artificial or prerecorded voices as prohibited by telemarketing law. Affirmed.
Court: 2nd Circuit, Judge: Chin, Filed On: May 10, 2024, Case #: 22-1726-cv, Categories: Communications, consumer Law, class Action
J. Reyes tosses a third-amended false advertising complaint concerning at-home ovulation test kits sold at various nationwide retail chains under the Clearblue and First Response brands. The suing customers say the products fail to predict when a consumer is ovulating with 99% accuracy. The court finds a reasonable consumer would exhibit a higher degree of discernment when deciding whether to buy the product and would read the side and back labeling, which clearly state the product does not test for actual ovulation, rather it detects a rise in luteinizing hormone levels, which typically suggests ovulation will occur in the next 24-36 hours.
Court: USDC Eastern District of New York, Judge: Reyes, Filed On: May 7, 2024, Case #: 1:22cv5435, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: consumer Law, class Action, False Advertising
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J. Brown preserves, in part, a putative class action against the parent company of the Cold Stone Creamery ice cream shops, which allegedly misled consumers into believing its pistachio-flavored ice cream contained actual pistachio nuts. The litigant sufficiently backed up her claims by including documentation showing competitors’ ice cream products contained pistachio nuts, as well as customer surveys showing 85% of those polled expected there to be pistachio nuts in the product. However, she fails to provide similar documentation regarding several other flavors; thus her claims related to those flavors are dismissed.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: May 2, 2024, Case #: 2:22cv7841, NOS: Truth in Lending - Torts - Personal Property, Categories: consumer Law, class Action
J. McCafferty grants a body product company’s motion to dismiss a class action brought against it by a customer claiming the company violated the New Hampshire Driver Privacy Act by sending information from the customer’s driver’s license to a third party without his consent. The customer failed to make a plausible argument that the company sold, rented, offered or exposed for sale his driver’s license or the information contained in it.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: April 18, 2024, Case #: 1:23cv432, NOS: Other Personal Injury - Torts - Personal Injury, Categories: consumer Law, Privacy, class Action
J. Humetewa partly grants a class of consumers' motion for final approval of a class action settlement for Fair Credit Reporting Act claims against a credit reporting agency. The class sufficiently showed in court that it is entitled to monetary recovery, but not an adjustment for a higher settlement for each class member, after prevailing on claims that the credit reporting agency "resold patently false consumer reports" that indicated that they were deceased.
Court: USDC Arizona, Judge: Humetewa, Filed On: April 12, 2024, Case #: 2:21cv2082, NOS: Consumer Credit - Other Suits, Categories: Settlements, consumer Law, class Action
J. Griggsby grants, in part, a bakery company’s motion to dismiss a fraud lawsuit brought a class of consumers alleging violations of the Food, Drug and Cosmetic Act and the Maryland Consumer Protection Act. The class alleges that the “All Butter” cake has artificial butter and not real butter, as the label suggests. The bakery argues that reasonable consumers would need additional information to determine whether “All Butter” referred to the ingredients or the flavor, and could find this information on the ingredients list. The remaining state law claims are preempted by FDCA and the consumer failed to state a plausible express warranty or consumer protection claim in the complaint.
Court: USDC Maryland, Judge: Griggsby, Filed On: April 12, 2024, Case #: 1:23cv522, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, consumer Law, class Action
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. 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
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. 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. 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. 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. 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. 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. 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. 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
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