592 results for 'cat:"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
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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
J. Nathan finds that the district court improperly granted injunctive relief to internet providers opposed to a new law that requires reduced broadband costs for qualifying New York households. The companies' federal preemption defenses cited the 1996 telecommunications act and a 2018 regulatory order classifying broadband as an information service, but neither of which were meant to exclude states from rate regulation. Reversed.
Court: 2nd Circuit, Judge: Nathan, Filed On: April 26, 2024, Case #: 21-1975-cv, Categories: Preemption, consumer Law
[Consolidated.] J. Tjoflat finds that the district court properly ruled in favor of the timeshare company in two actions brought by consumers alleging that the company violated the Fair Credit Reporting Act by inaccurately reporting that they owed debts. The consumers' claims are not actionable because they cannot identify inaccurate or incomplete information provided by the company to the consumer reporting agencies. The inaccuracies alleged by the consumers stem from a contractual dispute over whether the debt was due and collectible. The information in dispute is therefore not "objectively and readily verifiable." Affirmed.
Court: 11th Circuit, Judge: Tjoflat, Filed On: April 24, 2024, Case #: 22-11014, Categories: consumer Law
J. Bastian dismisses the customer's Computer Fraud and Abuse Act claim alleging that one of T-Mobile's retail store employees accessed her Snapchat account from her phone when she turned it in for repairs, and then disseminated explicit photos of her and a sex video of her and her partner. The customer does not allege sufficient facts to show that she suffered damage or loss because of the sales representative's conduct, nor does the customer allege any service disruption, as the statute for consequential damages requires.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: April 19, 2024, Case #: 4:23cv5166, NOS: Other Statutory Actions - Other Suits, Categories: Damages, consumer Law
J. Rakoff finds that the lower court properly denied an exhibit's motion to dismiss class claims that it violated the New York Arts and Cultural Affairs Law by failing to disclose the total cost of tickets, including ancillary fees. The voluntary payment doctrine does not bar this suit because the $8.99 added to the attendee's ticket price on the final purchase screen did not disclose how much of the fees was allocated to taxes versus fees.
Court: USDC Southern District of New York, Judge: Rakoff, Filed On: April 19, 2024, Case #: 1:24cv322, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, consumer Law
J. Payne grants the game app developer's motion to compel mandatory alternative dispute resolution. The creators of the popular app Candy Crush launched the Candy Crush All Stars 2023 Tournament, which allowed Candy Crush players worldwide to compete for a chance to win $250,000 in prizes and an expense-paid trip to London. A participant accuses the creators of omitting or actively misrepresenting certain information to participants, which caused them to overestimate their chances of success and spend more than they otherwise would have on in-app purchases to boost their competitiveness. The participant agreed multiple times to the developer's terms and conditions, which contain a clause on settling matters out of court.
Court: USDC Eastern District of Virginia, Judge: Payne, Filed On: April 18, 2024, Case #: 3:23cv314, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, Fraud, consumer Law
J. Copenhaver denies the homeowner's motion to remand back to Kanawha County Circuit Court her suit seeking to halt the non-judicial foreclosure of her South Charleston home by the deed holder and the substitute trustee. The homeowner's attempt at remand by filing an amended complaint removing a claim under the Fair Debt Collection Practices Act is futile since the court's original jurisdiction was fixed once the deed holder filed its notice for removal, and judicial economy is best served by the court retaining supplemental jurisdiction on her state law claims.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: April 18, 2024, Case #: 2:24cv103, NOS: Consumer Credit - Other Suits, Categories: consumer Law, Housing, Jurisdiction
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. Robb finds the trial court erroneously granted the homebuilder's motion for summary judgment on the contract claim filed by the homeowners related to the parties' construction contract. It failed to conduct an analysis of the owners' argument the builder was not entitled to further draws on their loan because it failed to complete certain trim work required under the agreement. Therefore, the case must be remanded to allow for a factual analysis to determine if the builder breached the construction contract, which would have allowed the owners to withhold payment. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Robb, Filed On: April 17, 2024, Case #: 2024-Ohio-1464, Categories: Construction, consumer Law, Contract