Category Archives: consumer protection

The highs are too high: overdraft claims against HSBC continue in part

Posted on October 15, 2014 by rtushnet

In re HSBC Bank, USA, N.A., Debit Card Overdraft Fee Litig., 1 F.Supp.3d 34 (E.D.N.Y. 2014) This case involves more of the charming practice of low-to-high charge posting, causing consumers to rack up numerous $35 overdraft charges in a single … Continue reading →

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Advertising dysfunction: claim against male sexual enhancement pill proceeds

Posted on September 25, 2014 by rtushnet

Dorsey v. Rockhard Laboratories, LLC, 2014 WL 4678969, No. CV 13–07557 (C.D. Cal. Sept. 19, 2014)   Dorsey sued over Rockhard Weekend (RHW), “a male sexual enhancement product,” primarily promoted by labeling on the packaging. The chemical formulation and packaging … Continue reading →

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Ascertain this: All Natural liability class certified

Posted on September 24, 2014 by rtushnet

Lilly v. Jamba Juice Company, No. 13-cv-02998, 2014 WL 4652283 (N.D. Cal. Sept. 18, 2014) Earlier Jamba Juice proceeding.  Plaintiffs moved to certify a California class of purchasers of certain frozen Jamba Juice Smoothie Kit products using “All Natural” prominently … Continue reading →

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Gratuitous promises: Uber class action continues

Posted on September 19, 2014 by rtushnet

Ehret v. Uber Technologies, Inc., No. C-14-0113 (N.D. Cal. Sept. 17, 2014)  Ehret’s putative nationwide class action alleged that Uber customers had been charged a 20% fee above the metered fare for each ride, misrepresented as a “gratuity” automatically added … Continue reading →

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"German Quality" could mislead as to German origin

Posted on September 9, 2014 by rtushnet

Marty v. Anheuser-Busch Companies, LLC, — F. Supp. 2d —-, 2014 WL 4388415, No. 13–23656 (S.D. Fla. Sept. 5, 2014) (magistrate judge) AB brews Beck’s Beer, which originated from and was brewed in Germany from 1873 until 2012 when AB … Continue reading →

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Reasonable psychologist would treat "must pay" dues as mandatory

Posted on September 8, 2014 by rtushnet

In re APA Assessment Fee Litigation, — F.3d —-, 2014 WL 4377770, No. 13–7032 (Sept. 5, 2014) The American Psychological Association (APA) is a national nonprofit organization representing clinical, research, and academic psychologists.  Members pay annual fees billed on a … Continue reading →

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Avis tries harder–to obscure extra fees

Posted on September 4, 2014 by rtushnet

Schwartz v. Avis Rent A Car System, LLC, 2014 WL 4272018, No. 11–4052 (D.N.J. Aug. 28, 2014) I’m blogging this case because of its discussion of the use of consumer perception experts in class actions, which seems to be on … Continue reading →

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Breaking (season) bad: Apple’s season pass promise could violate UCL

Posted on September 3, 2014 by rtushnet

Lazebnik v. Apple, Inc., 2014 WL 4275008, No. 5:13–CV–04145 (N.D. Cal. Aug. 29, 2014) The plaintiff sued Apple for misrepresenting its Breaking Bad “season pass.”  As the court explained, “[f]rom the time Season 5 of Breaking Bad was first announced, … Continue reading →

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Consumers can’t be forced to use nonexistent arbitration proceeding

Posted on August 26, 2014 by rtushnet

Jackson v. Payday Financial, LLC, No. 12-2617 (7th Cir. Aug. 22, 2014) The Seventh Circuit reversed the district court’s holding that it could not hear consumer claims against payday lenders doing business from a tribal location. Martin Webb was an … Continue reading →

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Coffee’s for classes: 7th Cir. reinstates class action over instant coffee

Posted on August 25, 2014 by rtushnet

Suchanek v. Sturm Foods, Inc., No. 13-3843, 2014 WL 4116493 (7th Cir. Aug. 22, 2014) Sturm entered the market for Keurig-compatible individual coffee pods (K-Cups) once patent protection expired, but according to plaintiffs they jumped the gun. The Seventh Circuit … Continue reading →

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