52 results for 'nos:"Truth in Lending - Torts - Personal Property"'.
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. Seeger partially grants a lending agency’s motion to dismiss claims by a borrower that it disguised its consumer loans as business loans. The borrower brought three claims over this alleged financial deception; one for violations of the Illinois Interest Act, another for Electronic Funds Transfer Act breaches, and the third for violations of the Illinois Consumer Fraud and Deceptive Business Practices Act. The court dismisses portions of the borrower’s Illinois Consumer Fraud and Deceptive Business Practices Act claim, but allows the rest of the complaint to move forward.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: April 25, 2024, Case #: 1:23cv15452, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Business Practices, Banking / Lending
J. Choudhury tosses a class action brought by a self-representing litigant claiming several entities orchestrated a scheme to bankrupt and ultimately close an all-girls Catholic high school in Long Island, as well as other schools throughout the country. His claims do not concern federal law or establish diversity jurisdiction. Most notably, the court rules a pro se litigant cannot serve as class representative and class counsel at the same time, as that would unfairly prejudice the class members.
Court: USDC Eastern District of New York, Judge: Choudhury, Filed On: April 23, 2024, Case #: 2:24cv2636, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Jurisdiction, Class Action
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J. Block preserves on a motion to dismiss a false advertising class action against the makers of Kerrygold Irish Butter alleging it misled consumers regarding the presence of per- and polyfluoroalkyl substances (PFAS), also known as “forever chemicals,” in the product’s packaging. The litigant bases the complaint on the premise that the chemicals can seep into the food itself, which the court finds as plausible. The court further finds a reasonable consumer would perceive the products as not containing harmful chemicals based on the “Pure Irish Butter” labeling.
Court: USDC Eastern District of New York, Judge: Block, Filed On: April 23, 2024, Case #: 2:23cv1198, NOS: Truth in Lending - Torts - Personal Property, Categories: Agriculture, Class Action, False Advertising
J. Reyes Jr. rules against a Florida resident’s fraud complaint alleging her nephew misappropriated her $500,000 investment in a real estate property, finding her claims untimely.
Court: USDC Eastern District of New York, Judge: Reyes, Filed On: March 29, 2024, Case #: 1:19cv6202, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Property, Real Estate
J. Marutollo transfers a Brazilian pharmaceutical company’s fraud complaint to the Central District of California, finding the venue change proper after discovering the previously unknown defendants’ were found to be based in Southern California. The complaint alleges several California residents and corporate entities opened a Chase bank account in its name at a branch outside Anaheim and engaged in computer fraud to steal $188,00 from the company.
Court: USDC Eastern District of New York, Judge: Marutollo, Filed On: March 29, 2024, Case #: 1:23cv3429, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Venue
J. Azrack transfers a putative class action against the Hard Rock Hotel and Casino in Atlantic City from this New York court to the U.S. District of New Jersey. The complaint alleges the casino violates state consumer protection laws when it issues cash-out tickets, which can then be redeemed at various kiosks inside casino, instead of cash for certain transactions. His injuries ultimately occurred in New Jersey, so this court lacks personal jurisdiction over the case.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: March 24, 2024, Case #: 2:22cv6758, NOS: Truth in Lending - Torts - Personal Property, Categories: Consumer Law, Venue, Class Action
J. Seybert adopts in part a magistrate judge’s report and preserves for trial claims for fraud, rescission and declaratory relief stemming from a home equity sharing agreement. The court agrees with objections filed by two associated entities and dismisses claims for contract rescission against them, finding the claims were premised on fraud allegations that were dismissed.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: March 20, 2024, Case #: 2:21cv4542, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Property, Contract
J. Russell grants a credit union’s motion to dismiss in this vehicle loan dispute brought by a buyer. The buyer says the credit union did not provide the correct disclosures, violating Truth in Lending Act, and that he filed to rights of recission letters that were not answered. He fails to establish an claims under the Act or for unauthorized use. The credit union’s motion to strike the purchaser’s surreply is denied.
Court: USDC Maryland, Judge: Russell, Filed On: February 9, 2024, Case #: 1:22cv3247, NOS: Truth in Lending - Torts - Personal Property, Categories: Banking / Lending
J. Haight denies the solar panel company's motion to stay proceedings and compel arbitration, ruling the testimony of the 80-year-old buyers and their children requires the enforceability of the arbitration provision in the contract to be determined by a jury. The buyers were never told about a loan, only that solar panels would be installed at their home, and they were also never given a written contract.
Court: USDC Connecticut, Judge: Haight, Filed On: February 8, 2024, Case #: 3:21cv1020, NOS: Truth in Lending - Torts - Personal Property, Categories: Arbitration, Fraud, Consumer Law
J. Africk denies a credit union’s request to dismiss a widow’s claim the loan servicer did not provide her with sufficient information, as required by a consumer protection law, when it held her liable for the debts of her husband up to the value of the property that she inherited on behalf of herself and their minor child. With respect to the widow’s alleged failure to claim one of three specific causes for her complaint under the statute, the credit union’s arguments are without merit.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: February 2, 2024, Case #: 2:23cv5618, NOS: Truth in Lending - Torts - Personal Property, Categories: Consumer Law, Banking / Lending, Racketeering
J. Chen trims a consumer’s class action lawsuit and preserves a single claim for deceptive business practices under Massachusetts state law against Laundromax, a nation wide chain of laundromats. She claims the chain sells laundry cards for use in their laundry mats which cannot be used when the balance gets too low, nor can the balance be refunded, a system that she claims functions as a hidden fee not disclosed to customers. She plausibly alleges under a theory of unfairness that the company designed its price structure to prevent card balances from ever reaching zero, resulting in millions of dollars in revenue to which it was not entitled.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: January 29, 2024, Case #: 1:22cv1750, NOS: Truth in Lending - Torts - Personal Property, Categories: Consumer Law, Business Practices, Class Action
J. Urbanski grants the purchaser's motion for default judgment. The car shop is accused of forging the purchaser's signature for the car's third-party loan, meaning without him knowing, he was failing to pay back the loan, leading to the vehicle being repossessed and sold. The car shop has failed to retain counsel.
Court: USDC Western District of Virginia, Judge: Urbanski, Filed On: January 24, 2024, Case #: 5:22cv43, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Vehicle, Banking / Lending
J. Sullivan grants summary judgement in favor of the credit union in this Truth in Lending Act violation lawsuit brought by the sole heir of his cousin’s estate. The heir alleges the credit union violated the Maryland’s Fiduciary Access to Digital Assets Act by blocking him from digitally accessing the decedent’s accounts. He failed to show the evidence that the decedent gave him proper permission to access the accounts and it is undisputed he never requested digital access to the HELOC accounts under the purported TILA violations.
Court: USDC Maryland, Judge: Sullivan, Filed On: January 16, 2024, Case #: 8:22cv2701, NOS: Truth in Lending - Torts - Personal Property, Categories: Discovery, Banking / Lending
J. Milazzo grants a request by a mortgage lender to dismiss a homeowner’s hurricane-related claims that it obtained insurance at above-market rates that exceeded the mortgage amount, failed to list her as a named insured and did not use policy payments to repair her home. The homeowner has not alleged facts that support her misrepresentation claim, or her allegation the lender failed to distribute insurance proceeds for repair of her property. Furthermore, the loan agreement does not obligate the mortgage lender to procure additional insurance proceeds to repair her property.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: December 28, 2023, Case #: 2:23cv927, NOS: Truth in Lending - Torts - Personal Property, Categories: Property, Damages, Banking / Lending
J. Garauafis throws out a false advertising class action that alleged the maker of Lysol-brand Laundry Sanitizer misled consumers by claiming the product “kills 99.9% of bacteria.” The litigant bases his argument on a viral TikTok video that purportedly claims sanitizing products are useless because most household dryers include a sanitization cycle that kills most bacteria. He further claims a CDC study regarding laundering practices supports these findings, despite the fact they concern only healthcare facilities and not consumer households. Their claims fail because the labeling does not expressly reference the standard laundering process, so a reasonable consumer would not read the label to imply it has a material benefit over the standard laundering process.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: October 19, 2023, Case #: 2:22cv5730, NOS: Truth in Lending - Torts - Personal Property, Categories: Class Action, False Advertising
J. Kovner dismisses a consumer fraud complaint against CVS that alleges it solicited customer donations at checkout for the American Diabetes Association through a fraudulent fundraising campaign. The customer alleges the money he donated effectively went to CVS due to its promise to make up any shortfalls if the total amount donated was less than $10 million. He fails to allege any of statements regarding the pharmacy chain’s promise to contribute were materially misleading or false because the donations did, in fact, go to the ADA in the end.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: September 30, 2023, Case #: 1:22cv3116, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Consumer Law
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. Morrison preserves class action false advertising claims against the makers of Nordic Naturals-brand vitamins and supplements that allege the product’s brand name, displayed prominently on the products’ packaging, misleads consumers into believing they contain natural ingredients when a substantial number of ingredients are synthetic. The court finds that the use of the name “naturals” could be deceiving to a reasonable consumer.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: September 28, 2023, Case #: 1:22cv3195, NOS: Truth in Lending - Torts - Personal Property, Categories: Consumer Law, Class Action, False Advertising