Category Archives: consumer protection

plaintiff not enough of a competitor to win false marking claim

Posted on December 16, 2013 by rtushnet

Sukumar v. Nautilus, Inc., No. 7:11–cv–00218, 2013 WL 6408351 (W.D. Va. Dec. 6, 2013) Previousdiscussion.  The court goes through a lot of facts and effort here to confirm that the AIA made false marking claims essentially impossible to win, and … Continue reading →

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Learned intermediary doctrine doesn’t bar claim at pleading stage

Posted on December 9, 2013 by rtushnet

Saavedra v. Eli Lilly and Co., 2013 WL 6345442, No. 2:12–cv–9366 (C.D. Cal. Feb. 26, 2013) Plaintiffs brought a putative class action under the consumer protection laws of California, Massachusetts, Missouri, and New York, and Saavedra also brought individual causes … Continue reading →

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

HAMP-ed up UCL claim resurrected on appeal

Posted on November 5, 2013 by rtushnet

Lueras v. BAC Home Loans Servicing, LP, 2013 WL 5848859, No. G046799, — Cal.Rptr.3d —- (Ct. App. Oct. 31, 2013) The new frontier: mortgage-related claims brought under consumer protection laws.  A divided court of appeals reversed the dismissal of Lueras’ … Continue reading →

Posted in california, consumer protection, unfairness | Leave a comment

Misleading health insurance letters?

Posted on November 4, 2013 by rtushnet

Report on letters discouraging consumers from investigating cheaper alternatives and subsidies here at Talking Points Memo.  Exercise for the reader: what’s the potential for Lanham Act and state consumer protection law claims (in states that don’t exclude insurance from the coverage … Continue reading →

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9th Circuit requires arbitration for consumer protection claims

Posted on October 29, 2013 by rtushnet

Ferguson v. Corinthian Colleges, Inc., — F.3d —-, No. 11–56965, 2013 WL 5779514 (9th Cir. 2013) Plaintiffs were former students at for-profit schools owned by Corinthian and sued alleging that Corinthian used deceptive practices to get them to enroll.  The … Continue reading →

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When is a sale not a sale?

Posted on October 17, 2013 by rtushnet

When employees are directed to pretend it isn’t unless you’re a preferred customer, Mark Ellwood writes in Slate.  I’m guessing that if a small sign stating “sale” is a legal requirement, the NY AG wouldn’t be happy with the deceptive … Continue reading →

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Software update defeats class certification

Posted on October 15, 2013 by rtushnet

Waller v. Hewlett–Packard Co., No. 11 cv0454, 2013 WL 5551642 (S.D. Cal. Sept. 29, 2013) So I’m trying to cut down on California coverage and just give the highlights.  That said, I recommend this case for some of the most … Continue reading →

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

The milk of human lawsuits

Posted on October 9, 2013 by rtushnet

Gitson v.Trader Joe’s Company, No. 13–cv–01333, 2013 WL 5513711 (N.D. Cal. Oct. 4, 2013)   Plaintiffs sued over “evaporated cane juice” and got basically the result in Wallaby, previously summarized.  They also alleged that certain soy milk products were labeled … Continue reading →

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sugar by any other name unlawful, but not misleading

Posted on October 9, 2013 by rtushnet

Morgan v. Wallaby Yogurt Company, Inc., No. 13–cv–00296, 2013 WL 5514563 (N.D. Cal. Oct. 4, 2013) Another “evaporated cane juice” claim, here for yogurt that used that term in its ingredients list instead of “sugar” or “dried cane syrup.”  The … Continue reading →

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"unlimited" service that was actually limited could deceive consumers

Posted on October 7, 2013 by rtushnet

Chapman v. Skype Inc., — Cal.Rptr.3d —-, No. B241398, 2013 WL 5502960 (Ct. App. Oct. 4, 2013) Chapman alleged that Skype falsely advertised its voice over IP calling plans as “Unlimited” when they actually limited the number of minutes per … Continue reading →

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