Category Archives: consumer protection

"Handmade" is too vague to be actionable for bourbon

Posted on May 11, 2015 by rtushnet

Salters v. Beam Suntory, Inc., 2015 WL 2124939, No. 14cv659 (N.D. Fla. May 1, 2015)   Plaintiffs alleged that Maker’s Mark bourbon was falsely advertised as “handmade.” In a pithy opinion, the court found that they couldn’t state a claim … Continue reading →

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Needless markup: outlet stores’ pricing not deceptive

Posted on April 27, 2015 by rtushnet

Rubenstein v. Neiman Marcus Group LLC, 2015 WL 1841254, No. CV 14–07155 (C.D. Cal. Mar. 2, 2015)   Rubenstein bought two items of clothing from the Neiman Marcus Last Call Store (a discount store, as opposed to the usual upscale … Continue reading →

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Third Circuit clarifies its ascertainability rule but doesn’t remove it

Posted on April 20, 2015 by rtushnet

Byrd v. Aaron’s Inc., 2015 WL 1727613, No. 14–3050 (3d Cir. Apr. 16, 2015)   The Byrds filed a putative class action against Aaron’s for violating the Electronic Communications Privacy Act of 1986. The court of appeals reversed the district … Continue reading →

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Preemption and dormant commerce clause challenges to Cal. Made in US law fail

Posted on April 15, 2015 by rtushnet

Clark v. Citizens of Humanity, LLC, No. 14–CV–1404, 2015 WL 1600679 (S.D. Cal. Apr. 8, 2015)   Plaintiffs bought Citizens of Humanity jeans marked with “Made in the USA,” but alleged that the products contained component parts made outside the … Continue reading →

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Primary jurisdiction didn’t warrant dismissal of "natural" claims, 9th Cir. says

Posted on April 13, 2015 by rtushnet

Astiana v. Hain Celestial Group, Inc., No. 12-17596 (9th Cir. Apr. 10, 2015)   As the court of appeals introduced the case:   A product labeled “all natural” or “pure natural” likely evokes images of ground herbs and earth extracts … Continue reading →

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Restitution available for false discounts even if goods were ok

Posted on April 9, 2015 by rtushnet

Spann v. J.C. Penney Corp., 2015 WL 1526559, No. SA CV 12–0215 (C.D. Cal. Mar. 23, 2015)   Spann brought the usual claims against JCP based on purchases she made shopping the sale racks. She believed that she was getting … Continue reading →

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using a UDRP statute against foreclosure follies

Posted on April 8, 2015 by rtushnet

PLS Investments, LLC v. Ocwen Loan Servicing, LLC, 2015 WL 1505663, No. 5:14CV139 (W.D.N.C. Apr. 1, 2015)   PLS alleged that Ocwen and the other defendants erroneously and falsely listed its property as a foreclosure property twice—the second time after … Continue reading →

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terminated franchisee can sue UPS for false advertising by other franchisees

Posted on April 6, 2015 by rtushnet

UPS Store, Inc. v. Hagan, No. 14cv1210, 2015 WL 1456654 (S.D.N.Y. Mar. 24, 2015)   I’m eliminating large chunks of this dispute involving a terminated UPS franchisee sued for trademark infringement and breach of contract.  The Hagans operated UPS franchise … Continue reading →

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The market for lemon smoothies: injunctive class settlement certified

Posted on March 23, 2015 by rtushnet

Lilly v. Jamba Juice Co., 2015 WL 1248027, No. 13-cv-02998 (N.D. Cal. Mar. 18, 2015)   This preliminary approval for a settlement contains the most extensive analysis I’ve seen of the “deceived consumers do have standing for injunctive relief in … Continue reading →

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court refuses to enjoin consumer protection law on First Amendment grounds

Posted on March 23, 2015 by rtushnet

Loan Payment Administration LLC v. Hubanks, 2015 WL 1245895, No. 14-CV-04420 (N.D. Cal. Mar. 17, 2015)   A misinterpretation of nominative fair use mars this otherwise quite sensible rejection of a First Amendment challenge to a consumer protection law.   … Continue reading →

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