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Recent Posts
- erroneously collecting sales tax isn’t an unfair act or practice in trade or commerce
- I can’t believe it’s not butter—because the label said it was all butter
- Another pandemic university fees claim fails
- Dastar bars some claims about “patented” statements but related superiority statements are still at issue
- policy of paying only 85% purchase price for claims under service policy isn’t inherently deceptive/abusive
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Meta
Tag Archives: consumer protection
Court rejects “buy button” false advertising claim because consumer hasn’t yet lost access to “purchased” content
Caudel v. Amazon.com, 2021 WL 4819602, No. 20-cv-00848-KJM-KJN (E.D. Cal. Oct. 15, 2021) Disagreeing with a case against Apple, the court here concludes that Amazon’s “buy” option that doesn’t give consumers ownership does not harm consumers who haven’t (yet) lost … Continue reading
no cognizable harm where statutorily required info was provided though not by the required party
Baker v. Yamaha Motor Corp., USA, 2021 WL 388451, E072089 (Cal. Ct. App. Feb. 4, 2021) Baker sued Yamaha, alleging that its failure to furnish hang tags to its independent dealer TMI, as required by California’s Vehicle Code, made it … Continue reading
pandemic refund claim plausibly alleged
Rothman v. Equinox Holdings, Inc., 2021 WL 1627490, No. 2:20-cv-09760-CAS-MRWx (C.D. Cal. Apr. 27, 2021) Another pandemic refund case. This one found a misrepresentation adequately pled with respect to the refund provision of plaintiff’s membership contract with the defendant, a … Continue reading
CA prohibition of insurance coverage for certain consumer protection cases is constitutional
Adir Int’l, LLC v. Starr Indemnity & Liability Co., 994 F.3d 1032 (9th Cir. Apr. 15, 2021) California’s AG sued Adir for violating state consumer protection laws based on conduct at its retail stores that allegedly exploited its mainly low-income, … Continue reading
Made-in-USA claims over tea survive; “America’s Classic” could be falsifiable in context
Banks v. R.C. Bigelow, Inc., — F.Supp.3d —-, 2021 WL 1734779, No. 20-cv-6208 DDP (RAOx) (C.D. Cal. May 3, 2021) Plaintiffs sued over tea labeled “MANUFACTURED IN THE USA 100% AMERICAN FAMILY OWNED” and “AMERICA’S CLASSIC.” However, the tea leaves … Continue reading
slack fill and “healthy” claims unite in one case
Stewart v. Kodiak Cakes, LLC, 2021 WL 1698695, No. 19-cv-2454-MMA (MSB) (S.D. Cal. Apr. 29, 2021) Plaintiffs alleged that Kodiak was liable for “(1) non-functional slack fill and (2) deceptive marketing practices” for its pancake and waffle mixes. Defendant misleadingly … Continue reading
Apple’s “buy” button that doesn’t result in ownership may mislead consumers
Andino v. Apple, Inc., 2021 WL 1549667, No. 2:20-cv-01628-JAM-AC (E.D. Cal. Apr. 20, 2021) iTunes allows consumers to “Rent” or “Buy” movies, television shows, music and other content. Renting is less expensive; buying leads the content to appear in a … Continue reading
Defendant’s survey too flawed to avoid class certification in “rapid release” case
Bailey v. Rite Aid Corp., 338 F.R.D. 390, 2021 WL 1668003, No.. 4:18-cv-06926 YGR (N.D. Cal. Apr. 28, 2021) Bailey brought claims over Rite Aid’s marketing of its over-the-counter acetaminophen gelcaps as “rapid release.” Studies allegedly show that “traditional, non-rapid release acetaminophen … Continue reading
LinkedIn dodges UCL claims because big businesses aren’t covered plaintiffs
Topdevz, LLC v. LinkedIn Corp., 2021 WL 3373914, No. 20-cv-08324-SVK (N.D. Cal. Aug. 3, 2021) Plaintiffs, on behalf of a putative class of advertisers, alleged that LinkedIn overstates the level of actual user engagement with ads on its platform in … Continue reading
Found on road deceptive: “track car” claim plausibly misleading
Tershakovec v. Ford Motor Co., — F.Supp.3d —-, 2021 WL 2700347, No. 17-21087-CIV-MORENO (S.D. Fla. Jul. 1, 2021) In this multistate class action based on purchases of the Shelby GT350 Mustang, the court granted Ford summary judgment on some claims … Continue reading