46 results for 'cat:"Consumer Law" AND cat:"Contract"'.
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. 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
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
[Consolidated.] J. Marbley grants the lender's motion to compel arbitration, ruling evidence indicates all the borrowers voluntarily signed the loan agreement, which included arbitration language in bold and capital lettering; therefore, the arbitration provision is valid and enforceable.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: April 10, 2024, Case #: 2:22cv4318, NOS: Other Contract - Contract, Categories: Arbitration, consumer Law, contract
J. Rothstein declines to dismiss the contract claim of the account holder's complaint alleging that the bank did not properly investigate a $140,000 fraudulent withdrawal. The claim survives because each time the bank allowed a fraudulent transfer was a distinct and separate error instead of a collective single error, and the deposit account agreement requires the bank to investigate any discrepancies a customer brings to its intention and to give the account holder a copy of reviewed investigative documents.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: March 29, 2024, Case #: 3:23cv5698, NOS: Consumer Credit - Other Suits, Categories: Fraud, consumer Law, contract
J. Poplin partially grants the business defendants' motion to compel discovery in this lawsuit brought by timeshare developers asserting claims under the Lanham Act and the Tennessee Consumer Protection Act, based on the defendants' alleged efforts to disrupt their valid timeshare contracts. The timeshare plaintiffs are required to respond to certain requests, including requests for documents related to "bad debt" and "exit fees" stemming from timeshare cancellations.
Court: USDC Eastern District of Tennessee , Judge: Poplin, Filed On: March 18, 2024, Case #: 3:20cv251, NOS: Other Statutory Actions - Other Suits, Categories: consumer Law, Interference With contract, Discovery
J. Martinez mostly declines to dismiss the consumers' complaint alleging that Amazon overcharged them by claiming that it sold them digital content when Amazon was actually only licensing the digital content. The consumers have sufficiently alleged that they were injured by overpaying for a purchase they would not have paid for if they knew they were only purchasing a limited license. Furthermore, Amazon's use of the word "buy" regarding the digital content could be materially misleading to a reasonable consumer.
Court: USDC Western District of Washington, Judge: Martinez, Filed On: March 15, 2024, Case #: 2:22cv401, NOS: All Other Real Property - Real Property, Categories: Fraud, consumer Law, contract
J. Zilly awards the consumer $3,900 in damages for his purchase of the ASC service contract and $182 for the Gateway Auto Repair emissions repairs for the consumer's lawsuit accusing the car dealer of selling vehicles with illegally altered emission controls. The consumer proves that he suffered both an “injury” and actual damages under the Consumer Protection Act because the car dealer did not disclose that the vehicle had a tampered turbocharger, tampered airbox and lacked VECI sticker constitute.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: March 13, 2024, Case #: 2:20cv1616, NOS: Other Contract - Contract, Categories: Damages, consumer Law, contract
J. Giles grants the bank's motion to dismiss consumer protection and breach of contract claims from a group of payment card account holders. The group claimed the bank used fictional exchange rates and would apply those exchange rates to the group's foreign transactions. Despite establishing standing as a group who suffered an injury and displayed a likelihood that the injury will be redressed by a favorable decision, the group failed to plausibly allege that the exchange rate processors acted as the banks' agents.
Court: USDC Eastern District of Virginia, Judge: Giles, Filed On: March 4, 2024, Case #: 1:21cv83, NOS: Other Contract - Contract, Categories: consumer Law, Banking / Lending, contract
J. Delaney finds the trial court erroneously dismissed the homeowner's consumer sales claim against the restoration company. The one-year statute of limitations contained in the company's terms and services agreement does not apply to such claims, which are subject to a two-year statute of limitations under Ohio law. However, even though the physical contract between the parties was not available at the time the homeowner digitally signed it, he was provided complete documentation at the conclusion of the remediation project and, therefore, the one-year statute of limitations is applicable to his contract and negligence claims, which were properly dismissed. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: February 13, 2024, Case #: 2024-Ohio-531, Categories: Civil Procedure, consumer Law, contract
J. Pappert denies in part a paramour’s motion to dismiss his former girlfriend’s suit alleging breach of contract as he failed to pay half of the financing and expenses of a home they had purchased in Bryn Mawr, Pennsylvania, after he moved out and ended the relationship. The girlfriend has sufficiently alleged breach of contract.
Court: USDC Eastern District of Pennsylvania, Judge: Pappert, Filed On: January 11, 2024, Case #: 2:22cv4387, NOS: Other Contract - Contract, Categories: consumer Law, Negligence, contract
J. Dorsey grants summary judgement to the purchaser of an automobile that the seller later repossessed. The purchaser says the car was repossessed before any default on the financing agreement and filed suit for breach of contract, deceptive trade practices and other claims. The seller failed to appear for more than two years, and the clerk entered default against it. The seller was properly served and has not shown good cause to set aside the judgment.
Court: USDC Nevada, Judge: Dorsey , Filed On: January 3, 2024, Case #: 2:21cv20, NOS: Consumer Credit - Other Suits, Categories: Trade, consumer Law, contract
J. Bishop finds the district court properly reversed the small claims court's $3,500 judgment against the owner of the used car dealership. After the purchaser of a Jaguar sedan began having significant problems with the vehicle, he filed suit against the owner and not the dealership. The owner cannot be held personally liable for the dealership's actions and judgment cannot be entered against the dealership as it was never made party to the action. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: November 28, 2023, Case #: A-22-927, Categories: consumer Law, contract
J. Page finds that the lower court properly found for the vacation management company after it canceled a man's reservation, then charged him a higher price for the same rental. The parties' contract allows the company to unilaterally change the price of the rental without notice, so it did not commit any fraud. Affirmed.
Court: Missouri Court Of Appeals, Judge: Page, Filed On: November 28, 2023, Case #: ED111401, Categories: consumer Law, contract
J. Gonzalez dismisses, without leave to amend, a false advertising complaint that alleges McDonald’s and Wendy’s advertised their products in such a way that makes them appear more appealing than those actually served to customers. The litigant fails to allege, for purposes of establishing an injury, that he ever saw the advertisements himself or that the ads were materially misleading. As for his breach of contract claim, the advertisements do not constitute offers to enter into a contract.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: September 30, 2023, Case #: 2:22cv2880, NOS: Truth in Lending - Torts - Personal Property, Categories: consumer Law, contract, False Advertising
J. Singh finds a lower court properly dismissed a group of consumers' contract claims against a retail financial service. The consumers, who opened a line of credit with the retailer, argued that it sold them useless payment protection insurance. However, the retail finance service sufficiently showed in court that it is not a independent broker of the protection service, but merely the marketing end of the sale of the policies. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Singh, Filed On: September 18, 2023, Case #: CA-2022-2297, Categories: Insurance, consumer Law, contract