Tag Archives: false advertising

Pairing map with EPA mileage claims can misrepresent real-world mileage

Posted on November 30, 2015 by rtushnet

Kim v. General Motors, LLC, 99 F. Supp. 3d 1096 (C.D. Cal. 2015)   Kim sued GM for misleadingly advertising EPA estimated mileage figures and numbers derived from these figures as “actual, expected mileage under normal, real world driving conditions.” … Continue reading →

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If only the last Trump would sound: Trump University case continues

Posted on November 23, 2015 by rtushnet

Makaeff v. Trump University, LLC, 2015 WL 7302728, No. 10cv0940 (S.D. Cal. Nov. 18, 2015)   Charlatan and budding fascist Donald Trump failed to get rid of many consumer protection claims against him and his “Trump University” (now renamed).  Can’t … Continue reading →

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Statement isn’t literally false when plaintiff can’t definitely be identified from it

Posted on November 18, 2015 by rtushnet

Service Jewelry Repair, Inc. v. Cumulus Broadcasting, LLC, 2015 WL 7112334, No. 14–cv–1901 (M.D. Tenn. Nov. 13, 2015)   Service Jewelry provides jewelry sales and services; from 2010-2014, it promoted its products on a local radio station, WWTN-FM, by buying … Continue reading →

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Why we need an anti-SLAPP law: skeptic’s articles still not commercial speech

Posted on November 9, 2015 by rtushnet

Tobinick v. Novella, No. 9:14–CV–80781, 2015 WL 6777458 (S.D. Fla. Sept. 30, 2015)   This case is a good example of the need for a federal anti-SLAPP statute.  Although many claims have been dismissed, the court here finally resolved Lanham … Continue reading →

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Instant lack of gratification: coffee class certified

Posted on November 5, 2015 by rtushnet

Suchanek v. Sturm Foods, Inc., 2015 WL 6689359, No. 11-CV-565 (S.D. Ill. Nov. 3, 2015)   After the district court’s initial dismissal of this class action case was resoundingly reversed, the case returned and was here certified by a new … Continue reading →

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estimated retail value claim isn’t puffery

Posted on November 5, 2015 by rtushnet

Kabbash v. Jewelry Channel, Inc. USA, 2015 WL 6690236 (C.D. Cal. Nov. 2, 2015)   Holding of most general interest: “Estimated retail value” statements and statements of discount or savings amounts at check-out where the discount calculations were based on … Continue reading →

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When does “no contract” mean “mandatory arbitration contract”?

Posted on November 4, 2015 by rtushnet

Barraza v. Cricket Wireless LLC, 2015 WL 6689396, No. C 15-02471 (N.D. Cal. Nov. 3, 2015)   Cricket advertised a “No Contract” wireless phone plan with an arbitration clause in its purported contract terms.  As Omri Ben-Shahar pointed out, advertising … Continue reading →

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Class claims down the toilet? Court stays lawsuit for FTC action

Posted on October 9, 2015 by rtushnet

Belfiore v. Procter & Gamble Co., — F.Supp.3d —-, 2015 WL 5781541, No. 14–CV–4090 (E.D.N.Y. Oct. 5, 2015)   The district court stayed six related consumer class actions against “flushable” wipes on the ground that the FTC could probably protect … Continue reading →

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competition no longer required for Lanham Act “commercial advertising or promotion”

Posted on October 2, 2015 by rtushnet

Healthnow New York Inc. v. Catholic Health System, Inc., 2015 WL 5673123, No. 14–CV–986S (W.D.N.Y. Sept. 25, 2015)   Healthnow, aka Blue Cross and Blue Shield of Western New York (BCBS), sued Catholic Health for violations of the Lanham Act … Continue reading →

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Silicon Valley darling uses negative option offers, attracts criticism

Posted on September 29, 2015 by rtushnet

This Buzzfeed story suggests that JustFab, which received a billion-dollar valuation, has the same problems as previous FTC-targeted companies started by its founders. from Blogger http://ift.tt/1FBJ7E6

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