592 results for 'cat:"Consumer Law"'.
J. Buchanan finds that the trial court should have granted a car buyer's peremptory challenge to the judge assigned to her lemon law case. The car buyer's challenge was timely under the master calendar rule since it was filed before the trial started, and her petition to this court was timely filed within 10 days of the trial court ruling in favor of the car manufacturer. Vacated.
Court: California Courts Of Appeal, Judge: Buchanan, Filed On: May 16, 2024, Case #: D083609, Categories: Civil Procedure, consumer Law, Warranty
J. Rodriguez grants a bank’s motion to compel arbitration in a lawsuit brought by a consumer alleging violations of the Fair Credit Reporting Act after she received debt-collection letters relating to unauthorized charges. While the consumer argues she is not subject to arbitration under the Military Lending Act, the bank “correctly identifies” that the law “does not preclude enforcement of the arbitration agreement here,” as the updated law does not have a “retroactive effect” on prior agreements.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: May 16, 2024, Case #: 5:24cv157, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, consumer Law
J. Cogburn grants a collections firm’s motion for judgment on the pleadings following consumer law violation allegations brought by a dental client. The client argues she communicated that she refused to pay a debt assigned to her for dental work and that under the Fair Debt Collection Practices Act, the firm is no longer allowed to communicate with her. However, there are exceptions to the law including, in this case, providing the client with validation of the debt, which she claimed not to have in her possession.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: May 14, 2024, Case #: 3:24cv38, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, consumer Law
J. Whitney grants Discover Bank’s motion for remand to the lower court after its customer, who owes over $12,000 on a Discover credit card, removed this suit to federal court. The customer removed the suit nearly a year after litigation against him began, not within the 30-day deadline. Also, the customer’s claim that his right to relief hinges on a significant question of federal law is insufficient because he has failed to show that the question necessarily applies to Discover’s breach of contract allegation.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: May 14, 2024, Case #: 3:23cv767, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, consumer Law, Banking / Lending
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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. Cartwright denies Citibank's motion to compel arbitration for the consumer's complaint alleging that the bank reported a debt to his account after he closed it. Neither the alleged re-opening of the consumer's account by unknown parties nor Citibank's failure to address it were reasonably foreseeable results of the consumer's contractual relationship with Citibank. The arbitration agreement for the closed account "cannot reasonably be construed to include future unknown accounts opened by third parties" without the consumer's permission. Furthermore, while the agreement covers "a previous related account," it does not reference that it covers future related accounts.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: May 13, 2024, Case #: 3:23cv5908, NOS: Consumer Credit - Other Suits, Categories: Arbitration, Debt Collection, consumer Law
J. Shah partially grants Walmart’s motion to dismiss a consumer fraud class action. The consumers say Walmart deceptively labeled its seafood products as “sustainably sourced,” when in reality its source fisheries both overfish and use unsustainable practices such as bottom trawling. Citing lack of standing, the court dismisses the class representative’s claims against seafood products she did not personally buy, and also denies her request for injunctive relief. The court also dismisses her claim under the Uniform Deceptive Trade Practices Act, but allows her Illinois consumer fraud, consumer protection and unjust enrichment claims to survive.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: May 13, 2024, Case #: 1:23cv1297, NOS: Contract Product Liability - Contract, Categories: Environment, Fraud, consumer Law
J. Pittman finds that the United States Chamber of Commerce is entitled to a preliminary injunction in suit against the Consumer Financial Protection Bureau over a rulemaking that would limit credit card payment late fees. The Fifth Circuit Court has already ruled that the bureau’s action was unconstitutional after a series of court transfers and rulings segmented this portion of the case under the jurisdiction of USDC Northern Texas’ Fort Worth division. In consideration of the Fifth Circuit ruling, there is sufficient likelihood that the chamber of commerce shall succeed, so the injunction is granted, and the Consumer Financial Protection Bureau’s regulation amendment is stayed.
Court: USDC Northern District of Texas , Judge: Pittman, Filed On: May 10, 2024, Case #: 4:24cv213, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Government, consumer Law
J. Simmons grants PharmaCare Laboratories' motion to dismiss the consumers' false representation claims concerning its black elderberry products. PharmaCare Laboratories is an Australian company with its principal place of business in Austria. Its has provided evidence that the other defendant in the case, PharmaCare U.S., is responsible for manufacturing and selling the black elderberry products in California. Therefore, the court lacks jurisdiction over PharmaCare Laboratories.
Court: USDC Southern District of California, Judge: Simmons, Filed On: May 10, 2024, Case #: 3:23cv1318, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, consumer Law, Jurisdiction
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. Du dismisses class claims the Las Vegas strip businesses, along with a software company, unlawfully restrained trade by artificially inflating prices of hotel rooms after collectively agreeing to use a specific software. The class has not plausibly alleged a tacit agreement between the strip businesses or a restraint on trade, in part, because hotels are not required to and often do not accept pricing recommendations generated by the hotel revenue management site's products.
Court: USDC Nevada, Judge: Du , Filed On: May 8, 2024, Case #: 2:23cv140, NOS: Antitrust - Other Suits, Categories: Antitrust, consumer Law, Business Practices
J. Dimke dismisses without prejudice the loanee's complaint that the residential mortgage company refused to report any payments that she made since her bankruptcy, resulting in her being denied auto loans, home loans and employment promotions since then. The loanee does not allege that she notified a consumer reporting agency (CRA) of her dispute or that a CRA provided formal notice of the dispute to the residential mortgage company, so she does not state a legally cognizable claim for relief under the Fair Credit Reporting Act.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: May 8, 2024, Case #: 4:24cv5002, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, consumer Law
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
J. Burroughs grants a debt collector’s motion for summary judgment against a debtor suing it for allegedly violating the Fair Debt Collection Practices Act, the Massachusetts Consumer Protection Act and the Fair Credit Reporting Act after the debtor refused to pay the debt under two credit card accounts. The debt collector did not make any false reports on the debt, fail to follow federal and state regulations regarding time and frequency of calls to the debtor and did not engage in an unconscionable debt collection practices.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: May 7, 2024, Case #: 1:22cv10931, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, consumer Law
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. Stickman grants a restaurant chain’s motion for summary judgement concerning the class action claims, including unfair enrichment and breach of contract, brought by customers during a nationwide change shortage. The evidence shows modifications and waivers to the purchase-and-sale agreement were made. The customers had the opportunity to withdraw from their purchase but decided to follow through after purposely going to the restaurant to be shortchanged.
Court: USDC Western District of Pennsylvania, Judge: Stickman, Filed On: May 1, 2024, Case #: 2:20cv1448, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fraud, consumer Law, Contract
J.Axon partially grants a collection agency’s motion for summary judgment in this Fair Credit Reporting Act and Fair Debt Collections Practices Act lawsuit brought by a consumer who says the agency tried collecting a debt that she did not owe for internet services. The services were canceled before installation because the consumer lives in a rural area, but the company continued to bill her before turning it over to collections. The agency and Trans Union continued to report the debt after she disputed the charges. The court will reserve ruling on whether the information provided to Trans Union was accurate, because the consumer’s dispute was based on a legal question instead of a factual inaccuracy. The court will also reserve ruling on the consumer’s FDCPA claim, according to which the agency reported the debt after she disputed it to Trans Union, because that part of her claim actually implicated the FCRA. The court directs the parties to provide a supplemental briefing on these issues.
Court: USDC Northern District of Alabama , Judge: Axon, Filed On: May 1, 2024, Case #: 2:22cv1489, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, consumer Law
J. Lake finds that class action claims by a dental office customer, who received text messages and calls from the dental office even though he requested to be added to the “do not call list,” cannot proceed because the claims fall under an arbitration agreement. The customer of the dental office signed an arbitration agreement when he first engaged the dental office for services. The dental office’s motion to strike the class allegations and its motion to compel arbitration are granted.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: April 26, 2024, Case #: 4:23cv3460, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Arbitration, Communications, consumer Law