Tag Archives: false advertising

advertiser can amend complaint against Facebook for click fraud claims

Posted on November 12, 2020 by rtushnet

DotStrategy Co. v. Facebook Inc., No. C 20-00170 WHA, 2020 WL 6591366 (N.D. Cal. Nov. 11, 2020) The court grants plaintiff’s motion for leave to amend its complaint in this putative class action alleging that FB’s statements about advertising on … Continue reading →

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timeshare exit lawyer wins a round: no harm causation shown

Posted on November 12, 2020 by rtushnet

Club Exploria, LLC v. Aaronson, Austin, P.A., No. 18-cv-576-Orl-28DCI, 2020 WL 6585802 (M.D. Fla. Nov. 10, 2020) Another timeshare v. timeshare exit lawyer case that goes much better for the defendant than some others. Briefly, the plaintiff seems to have … Continue reading →

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Peloton’s music troubles give it consumer protection troubles over “ever-growing library” claim

Posted on November 12, 2020 by rtushnet

Fishon v. Peloton Interactive, Inc., 2020 WL 6564755, No. 19-cv-11711 (LJL) (S.D.N.Y. Nov. 9, 2020) Peloton streams live and on-demand fitness classes requiring a monthly subscription fee. Certain Peloton ads described the library of fitness classes as “ever-growing.” But in … Continue reading →

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misbehavior in Amazon reviews + false ingredient claims = $9.5 million award

Posted on November 12, 2020 by rtushnet

Vitamins Online, Inc. v. HeartWise, Inc. 2020 WL 6581050, No. 13-cv-00982-DAK (D. Utah Nov. 10, 2020) This is a long-running supplement false advertising case involving both ingredient and “review” claims; here the district court resolves a number of issues, finding … Continue reading →

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230 defense fails where speaker’s ownership/control of D is sufficiently alleged

Posted on November 4, 2020 by rtushnet

Tang v. Guo, 2020 WL 6414371, No. 17 Civ. 9031 (JFK) (S.D.N.Y. Nov. 2, 2020) Further on this case about a dispute between a political activist and a rival. Plaintiffs sued defendants including Guo a/k/a Kwok and four entities that … Continue reading →

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website traffic quality assessment isn’t advertising, or defamatory as to site

Posted on October 30, 2020 by rtushnet

Young Hollywood LLC v. White Ops, Inc., No. CV 20-03334 PA (RAOx), 2020 WL 6162795 (C.D. Cal. Aug. 6, 2020) Plaintiff is a “publisher and distributor of exclusive, premium celebrity and lifestyle content.” Its revenue comes exclusively from advertising and … Continue reading →

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robust TX anti-SLAPP law protects critic despite arguments that she was partly competing

Posted on October 19, 2020 by rtushnet

ADB Interest, LLC v. Wallace, 606 S.W.3d 413 (Tex. Ct. App. 2020) This is an anti-SLAPP case about statements by a disgruntled customer/alleged competitor. Black, the managing member of ADB, invented the FasciaBlaster, which is marketed by ADB. The user … Continue reading →

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low-quality lead generation leads to deceptive marketing claims

Posted on October 2, 2020 by rtushnet

In re HomeAdvisor, Inc. Litig., No. 16-cv-01849-PAB-KLM, 2020 WL 5798515 (D. Colo. Sept. 29, 2020) HomeAdvisor “is an online marketplace that helps connect persons providing home improvement services, i.e., home service professionals (‘HSPs’), with homeowners in need of such services.” … Continue reading →

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Georgia Supreme Court revives some false advertising claims against sperm bank

Posted on October 2, 2020 by rtushnet

Norman v. Xytex Corp., — S.E.2d —-, 2020 WL 5752325, S19G1486 (Ga. Sept. 28, 2020) Reversing the court of appeals, the Georgia Supreme Court allows plaintiffs to bring false advertising claims against a sperm bank that supplied allegedly falsely advertised … Continue reading →

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inability to rely on claims provides standing to seek injunctive relief in 9th Circuit

Posted on September 30, 2020 by rtushnet

Milan v. Clif Bar & Co., 2020 WL 5760450, No. 18-cv-02354-JD (N.D. Cal. Sept. 28, 2020) Plaintiffs brought the usual California claims against the “health and wellness message[s]” on defendant Clif Bar & Company’s “Kid Zbars” and “ ‘Classic’ Clif … Continue reading →

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