11 results for 'cat:"Unfair Competition" AND cat:"Class Action"'.
J. Gilliam dismisses privacy claims against Western Union Financial Services and a handful of other financial service companies over allegations that the companies have turned over private financial records to the Department of Homeland Security without permission. Those bringing the suit have not shown they are "customers" of any of the companies, and as a result, largely lack standing to continue their claims or request relief. Only a single unfair competition claim is allowed to continue.
Court: USDC Northern District of California, Judge: Gilliam, Filed On: March 21, 2024, Case #: 4:22cv7996, NOS: Other Statutory Actions - Other Suits, Categories: unfair Competition, Privacy, class Action
J. Tigar allows some claims to move forward against Telsa from car owners who say the company released software updates to reduce the battery life of Model S and X Tesla vehicles. The unfair competition claims fail for not showing how Tesla plans to continue these practices in the future or that Tesla broke through security measures to get its updates downloaded. The remaining claims survive because the consumers plausibly allege that Tesla intentionally released a series of software updates that resulted in immediate battery degradation.
Court: USDC Northern District of California, Judge: Tigar, Filed On: February 20, 2024, Case #: 4:23cv2321, NOS: Other Statutory Actions - Other Suits, Categories: Vehicle, unfair Competition, class Action
J. Martinez-Olguin dismisses vicarious copyright infringement claims from comedian and author Sarah Silverman and two other authors who claim OpenAI trained its ChatGPT program using material from their books without permission. The authors fail to prove ChatGPT directly copied their work and protection does not extend to every idea, theory and fact underlying a copyrighted work. However, an Unfair Competition Law claim can move forward. Additionally, OpenAI did not move to dismiss the direct infringement claim, so that claim proceeds.
Court: USDC Northern District of California, Judge: Martinez-Olguin, Filed On: February 12, 2024, Case #: 3:23cv3223, NOS: Copyrights - Property Rights, Categories: Copyright, unfair Competition, class Action
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J. Orrick denies Meta's request to dismiss class privacy claims over pixel tracking technology that web users say Meta has been installing in various websites in order to collect private medical data from users. The case is one of many similar ones around the country over the same issue, and Meta's defense that it was just a "passive" recipient of the private information is not enough to shield the company. The class has properly alleged that Meta aggressively targeted different websites to be potential clients for the pixel tracking tool.
Court: USDC Northern District of California, Judge: Orrick, Filed On: February 12, 2024, Case #: 3:23cv4784, NOS: Other Fraud - Torts - Personal Property, Categories: unfair Competition, Privacy, class Action
J. Fujisaki finds that the trial court erred in sustaining a waste management company's demurrer on an unfair competition complaint alleging that collection rates were artificially high due to the bribery of a city official. California's filed rate doctrine does not bar injunctive relief, restitution or punitive damages claims because they do not implicate the doctrine's nondiscrimination or nonjusticiability strands. Reversed.
Court: California Courts Of Appeal, Judge: Fujisaki, Filed On: December 1, 2023, Case #: A165515, Categories: Municipal Law, unfair Competition, class Action
J. Martinez finds that an unfair competition claim over allegedly bogus "energy" and "environmental" fees should have been allowed to proceed. A contractor made sufficient allegations for the class action to proceed: a reasonable consumer may be misled about the fees and the fees may actually be recognized by the supplier as profit. Reversed.
Court: California Courts Of Appeal, Judge: Martinez, Filed On: November 15, 2023, Case #: B319260, Categories: unfair Competition, class Action
J. Wang declines to approve a class action settlement of claims contending Grubhub provided false information about restaurants and delivery services on its website in violation of the Lanham Act because intervenors, 20 restaurant owners, opposed the proposed settlement.
Court: USDC Colorado, Judge: Wang, Filed On: June 1, 2023, Case #: 1:20cv1327, NOS: Commerce - Other Suits, Categories: Settlements, unfair Competition, class Action