102 results for 'cat:"Fraud" AND cat:"Consumer Law"'.
J. Shah partially grants Walmart's motion to dismiss a consumer fraud class action. The class of consumers claim Walmart deceptively labeled its seafood products as "sustainably sourced," when it 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. 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. 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
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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. 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. 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. O'Hearn allows plaintiff to continue claims contending a sales representative for a solar company failed to disclose a financing agreement in relation to solar panel installation because the purported "welcome call" recording has not been authenticated. However, evidence does not support identity theft claims, and that the company sent documents to the wrong email address did not indicate an effort to commit fraud and forgery.
Court: USDC New Jersey, Judge: O'Hearn , Filed On: March 28, 2024, Case #: 1:23cv2623, NOS: Consumer Credit - Other Suits, Categories: fraud, consumer Law
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. 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. Wolford dismisses a complaint alleging that CVS's hand sanitizer falsely claims to kill 99.99% of germs. It would not be reasonable for a consumer to expect the hand sanitizer to kill disease-causing germs not frequently found on hands. Furthermore, the back label of the product "makes clear that the product kills 'more than 99.99% of many common germs that cause illness,'" not all disease-causing germs.
Court: USDC Western District of New York, Judge: Wolford , Filed On: March 15, 2024, Case #: 6:22cv6227, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, consumer Law, False Advertising
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. Fowlkes grants in part the defendant bank's dismissal motion in this breach of contract suit involving a commercial bank account, which was allegedly the target of fraudulent activity. The plaintiff customers' negligence and contract claims are preempted by Article 4A. Also, their claim under the Tennessee Consumer Protection Act is dismissed, as "it was not pleaded with particularity."
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: March 11, 2024, Case #: 2:23cv2475, NOS: Other Contract - Contract, Categories: fraud, consumer Law, Banking / Lending
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