Category Archives: consumer protection

"I wouldn’t have bought it if I’d known" is enough for standing, 9th Circuit says again

Posted on March 31, 2014 by rtushnet

Galope v. Deutsche Bank National Trust Co., No. 12–56892, 2014 WL 1244279 (9th Cir. Mar. 27, 2014) The court of appeals reversed a grant of summary judgment in favor of Deutsche Bank and other defendants.  Galope adequately alleged that she … Continue reading →

Posted in california, consumer protection, http://schemas.google.com/blogger/2008/kind#post, standing | Leave a comment

Organic v. natural

Posted on March 28, 2014 by rtushnet

Via an eagle-eyed student, a great video on misleading “natural” claims.  Note that the organization promotes organic products—is it subject to Lanham Act claims by a producer of “natural” foods? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in advertising, consumer protection, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

resort fees not included in "total" may violate consumer protection law

Posted on March 10, 2014 by rtushnet

Soule v. Hilton Worldwide, Inc., 2014 WL 794801, No. 13-00652 (D. Hawai’i Feb. 26, 2014) Soule sued Hilton for violation of Hawaii’s consumer protection law and for unjust enrichment based on an allegedly insufficiently disclosed resort fee charged on top … Continue reading →

Posted in consumer protection, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

What makes a fee-worthy dilution claim?

Posted on March 10, 2014 by rtushnet

General Steel Domestic Sales, LLC v. Chumley, 2014 WL 793090,  No. 10-cv-01398 (D. Colo. Feb. 27, 2014) Some of the more recent opinions from this hard-fought case in which plaintiff won its false advertising claims but lost trademark claims.  We … Continue reading →

Posted in consumer protection, dilution, fees, http://schemas.google.com/blogger/2008/kind#post, trademark | Leave a comment

Class action objection in the form of a dialogue

Posted on March 6, 2014 by rtushnet

Sample (footnotes omitted): CytoSport has agreed to donate whatever is left over to charitable athletic events, like Susan G. Komen’s Race for the Cure.Class Member. That’s nice of them. Are they funding the costs of running the event?Counsel: No, they … Continue reading →

Posted in california, class actions, consumer protection, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

no Lanham Act standing for misrepresentation by seller to buyer

Posted on March 3, 2014 by rtushnet

Nature’s Products, Inc. v. Natrol, Inc., 2013 WL 7738172, No. 11–62409 (S.D. Fla. Oct. 7, 2013) The parties had business dealings from the late 1990s through 2011. In 2001, they executed an open-ended indemnity agreement applying to any products Natrol … Continue reading →

Posted in consumer protection, contracts, http://schemas.google.com/blogger/2008/kind#post, standing | Leave a comment

Lance Armstrong has a rare good day: consumer protection claims dismissed

Posted on March 3, 2014 by rtushnet

Martin v. FRS Company, No. CV-13-01456 (C.D. Cal. Feb. 25, 2014) FRS makes energy and sports drinks and related goods. Lance Armstrong was an equity owner and brand ambassador for FRS who participated in FRS’s marketing and ad strategy. Martin … Continue reading →

Posted in california, consumer protection, http://schemas.google.com/blogger/2008/kind#post, warranties | Leave a comment

Trump U: puffery defense rejected and class certification granted in 2 cases

Posted on February 28, 2014 by rtushnet

Cohen v. Trump, 2014 WL 690513, No. 13–cv–2519 (S.D. Cal. Feb. 21, 2014) Cohen brought a putative class action against Donald Trump based on Trump’s involvement with “Trump University.”  Allegedly drawn in by Defendant’s name and reputation, Cohen attended a … Continue reading →

Posted in california, class actions, consumer protection, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Credit score service is credit repair service because of its ads

Posted on February 24, 2014 by rtushnet

Stout v. FreeScore, LLC, No. 10-56887 (9th Cir. Feb. 21, 2014) The court of appeals reversed the dismissal of Stout’s putative class action against FreeScore under the Credit Repair Organizations Act (CROA). The district court concluded that FreeScore is not … Continue reading →

Posted in advertising, consumer protection | Leave a comment

Informal administrative inquiry doesn’t preclude lawsuit over "organic"

Posted on February 24, 2014 by rtushnet

Brown v. Hain Celestial Group, Inc., 2014 WL 556732, No. C 11–03082 (N.D. Cal. Feb. 10, 2014) (magistrate judge) Plaintiffs sued Hain alleging that it marketed its “Avalon Organics” and “Jason” cosmetic products as organic when they were not made … Continue reading →

Posted in california, consumer protection, http://schemas.google.com/blogger/2008/kind#post, preemption | Leave a comment