Category Archives: consumer protection

mortgages and the UCL: an occasional series

Posted on June 16, 2014 by rtushnet

Pestana v. Bank of America, 2014 WL 2616840, No. A137566 (Cal. Ct. App. June 12, 2014) Pestana sued his mortgage loan servicers (BoA) after BoA denied his application for a loan modification under the federal Home Affordable Mortgage Program (HAMP), … Continue reading →

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a twist on substantiation claims in consumer protection cases

Posted on May 30, 2014 by rtushnet

In re Bayer Heathcare and Merial Ltd. Flea Control Prods., — F.3d —-, 2014 WL 2209024 (6thCir. May 29, 2014) In this multidistrict litigation, the district court dismissed the claims after limited discovery, and the court of appeals affirmed.  Defendants … Continue reading →

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Regression analysis is a plaintiff’s best friend

Posted on May 29, 2014 by rtushnet

Werdebaugh v. Blue Diamond Growers, 2014 WL 2191901,  No. 12–CV–2724 (N.D. Cal. May 23, 2014) I’m going to try, with probably limited success, to summarize results rather than reasoning for most of this consumer class action case in which certification … Continue reading →

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Green (yellow) marketing: nonprofit’s claims against Chiquita survive

Posted on May 28, 2014 by rtushnet

Water & Sanitation Health, Inc. v. Chiquita Brands Int’l, Inc., No. C14–10, 2014 WL 2154381 (W.D. Wash. May 22, 2014) Chiquita buys millions of pounds of bananas per year, including from a company named COBIGUA in Guatemala.  Chiquita made a … Continue reading →

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Ninth Circuit revives consumer claims against Sony

Posted on May 27, 2014 by rtushnet

In re Sony PS3 “Other OS” Litig., 551 Fed.Appx. 916, No. 11–18066 (9th Cir. Jan. 6, 2014) (belated; just showed up in Westclip) The court of appeals partially reversed the dismissal of plaintiffs’ claims against Sony for disabling the ability … Continue reading →

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

Even big businesses need consumer protection law

Posted on May 19, 2014 by rtushnet

American Demolition and Nuclear Decommissioning, Inc. v. IBCS Group, Inc., 2014 WL 1906791, No. 3:11CV00078 (W.D. Va. May 13, 2014) ADND (now there’s an acronym!) is a New York corporation that provides demolition, decommissioning, and environmental remediation services. In 2009, … Continue reading →

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With a face like that: Maybelline defeats class certification

Posted on May 15, 2014 by rtushnet

Algarin v. Maybelline, LLC, 2014 WL 1883772, No. 12cv3000 (S.D. Cal. May 12, 2014) This case shows the many hurdles now present for consumer class actions.  Once again, perhaps ironically, consumers have no remedy when the harm is probabalistic; only … Continue reading →

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Vermont enacts GMO/natural labeling law

Posted on May 9, 2014 by rtushnet

The law requires foods containing GMO organisms to be labeled and bars the use of “natural” on such foods.  More reason, perhaps, to expect federal action on “natural” sooner rather than later? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in advertising, consumer protection, disclosures | Leave a comment

record-free consumer class action certified as ascertainable

Posted on May 8, 2014 by rtushnet

McCrary v. Elations Co., LLC, 2014 WL 1779243, No. EDCV 13–00242 (C.D. Cal. Jan. 13, 2014) The court certified a class alleging the usual California statutory claims against a supplement called Elations, whose label claimed a “clinically-proven combination” and/or “clinically-proven … Continue reading →

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Another exercise shoe settlement

Posted on May 8, 2014 by rtushnet

Vibram settles false advertising case over claims that its “foot gloves” could strengthen foot muscles and reduce injuries, which seems to be the opposite of the truth, at least according to Deadspin. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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