35 results for 'cat:"Fraud" AND cat:"Consumer Law" AND cat:"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. 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
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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. Watson denies the newspaper subscribers' motion for class certification, ruling that because the newspaper gave different information concerning subscription length, price and "premium editions," the subscribers cannot satisfy commonality or typicality requirements.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 26, 2024, Case #: 2:19cv4262, NOS: Other Contract - Contract, Categories: fraud, consumer Law, class Action
J. Solomon finds that the appellate division improperly allowed plaintiffs to continue class claims contending a company offered "illusory discounts" to Aeropostale shoppers by making fake markdowns. While the shoppers adequately pleaded deceptive conduct, ascertainable loss had not been proven, and nothing indicated the shoppers tried to return the items or that the clothing had any kind of defect. Reversed.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: March 25, 2024, Case #: A-50-22, Categories: fraud, consumer Law, class Action
J. Clark denies the car buyer's motion to certify a class of buyer's allegedly misled by the insurer about damages to their cars. The insurer obtained a clean title for the car after it had been involved in an accident and sold for salvage. It was then resold to the buyer, who was unaware of its accident history. However, purchase of a mistitled vehicle does not, by itself, prove reliance. Therefore, individual questions of reliance predominate because they rely upon the circumstantial evidence of each purchase.
Court: USDC Eastern District of Missouri, Judge: Clark, Filed On: March 14, 2024, Case #: 4:22cv385, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, consumer Law, class Action
J. Daniel partially grants Walmart’s motion to dismiss a trio of consumers’ fraud class action, brought over the overstated thread count of Walmart’s “Hotel Style” bed sheets. The court finds the consumers have sufficiently alleged fraud under Illinois law, as well as unjust enrichment, common law fraud, breach of warranty and negligent misrepresentation, on the basis that the sheets have less than half the 800-thread count advertised on their packaging. But the court also finds the consumers lack standing for injunctive relief as they have no plans to purchase the same sheets in the future, so they will not be falsely advertised to again. The court also dismisses the plaintiffs’ claims under California law, citing lack of jurisdiction.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: March 11, 2024, Case #: 1:23cv5315, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, consumer Law, class Action
J. Martinez declines to dismiss the claims under Oregon’s Unlawful Trade Practices Act and California’s Unfair Competition Law in the consumers' class action claiming that Amazon prevented them from unsubscribing from Audible and other Amazon services with overly complex cancellation procedures and by not explaining the terms of its automatic renewal programs. The consumers prove their prime facie case because the states' automatic renewal laws require businesses to give consumers a “timely, and easy to-use-mechanism for cancellation” in the acknowledgements, and the consumers show multiple instances where they struggled to cancel their subscriptions either by phone or online.
Court: USDC Western District of Washington, Judge: Martinez, Filed On: February 26, 2024, Case #: 2:22cv910, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, consumer Law, class Action
J. Alonso partially grants an almond company’s motion for judgment in a prospective nationwide consumer class action. The prospective class representative alleges she was defrauded by the company’s “smokehouse” brand of almonds because the nuts are flavored with liquid smoke, not in an actual smokehouse. The court dismisses the consumer fraud claims brought under Idaho, Iowa, Nebraska, South Dakota, West Virginia and Wyoming law, but allows the claims brought under Illinois and several other states’ laws to stand.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: February 22, 2024, Case #: 1:22cv1591, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, consumer Law, class Action
J. Trauger denies the dental care provider plaintiffs' motion for class certification in this suit alleging false advertising and fraud in connection with the defendant company's plastic aligners, which were allegedly sold "for orthodontic use." The dental care providers have "failed to satisfy either Rule 23(a) or Rule 23(b)" for class certification. Additionally, the defendants' motions to exclude certain testimony are denied as moot.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: February 12, 2024, Case #: 3:19cv845, NOS: Other Statutory Actions - Other Suits, Categories: fraud, consumer Law, class Action
J. Carter dismisses the consumer's class action accusing CVS Pharmacy of misleading consumers by claiming that its Advanced Formula Hand Sanitizer kills 99.99% of germs commonly found on human hands, even though common germs such as Norovirus, Cryptosporidium and others are not effectively killed by alcohol-based hand sanitizers. Although the front label of the product is ambiguous, a reasonable consumer would be expected to look at the back label to get more information. Because the back label explains the germs to which the 99.99% claim applies, the consumer has failed to state a claim that the label is false or misleading to a reasonable consumer.
Court: USDC Central District of California, Judge: Carter, Filed On: January 10, 2024, Case #: 8:20cv1979, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, consumer Law, class Action
J. Seibel grants the company's motion to dismiss a consumer fraud class action alleging that its Tide laundry detergent, including Tide 2.72 liter liquid detergent, falsely claims to clean 64 loads of laundry. The term "load" is ambiguous, as consumers might have widely varying conceptions of the size of a load. Further, the produce clarifies this statement on the back of the bottle as meaning 64 "medium" loads. A reasonable consumer would therefore not believe the produce contained enough detergent for 64 full loads of laundry.
Court: USDC Southern District of New York, Judge: Seibel, Filed On: January 2, 2024, Case #: 7:22cv10025, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, consumer Law, class Action
J. Ramos grants the juice maker's motion to dismiss a consumer action alleging that its pomegranate juice product, POM Wonderful, misleads consumers because it claims to have "all natural" ingredients but contains synthetic chemicals. The consumer cannot show that any bottles of the product the consumer specifically purchased was adulterated with harmful per- and polyfluoroalkyl substances. Although the consumer tested the product, it was not the particular bottle she consumed.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: December 29, 2023, Case #: 1:23cv1242, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, consumer Law, class Action
J. Robart dismisses the consumers' complaint alleging that Audible made its "Audible Subscriptions" cancellation process too complex. Audible's description is sufficient to explain its automatic renewal offer terms, but the consumers can cure their California Unfair Competition Law and California Consumer Legal Remedies Act claims if they plausibly allege that Audible's confirmation email did not include the terms for automatic renewal offers or continuous service offer, and that the consumers suffered harm as a result.
Court: USDC Western District of Washington, Judge: Robart, Filed On: October 20, 2023, Case #: 2:23cv925, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, consumer Law, class Action
J. Clark denies nationwide certification in class claims contending a rental car company imposed administrative fees without consent or disclosure after plaintiff received a speeding ticket from an automatic traffic enforcement device. Unjust enrichment laws of different states may conflict, and New Jersey law will not apply to all class members. However, that 52% of the proposed class knew about the ticket process, paid the violations, and rented from the company again did not bar certification of a subclass.
Court: USDC New Jersey, Judge: Clark , Filed On: October 10, 2023, Case #: 2:14cv6072, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, consumer Law, class Action
J. Freeman allows class fraud and consumer law claims to proceed against Bayer Healthcare Pharmaceuticals over their IUD device, Mirena, due to the product allegedly causing an increase in the risk of breast cancer for its users. There is evidence the company was aware of study data going back to 2015 that the devices posed significant breast cancer risks, but kept the knowledge of those dangers from the public.
Court: USDC Northern District of California, Judge: Freeman , Filed On: October 5, 2023, Case #: 5:22cv1603, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, 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
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