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Tourgeman v. Collins Financial Services Inc.
Consumer has standing to file suit under Fair Debt Collection Practices Act against debt collectors based on misrepresentations in collection letters he never received.
Business Law Jun. 25, 2014
Brand v. Hyundai Motor America
Customer may sue Hyundai dealership for breach of implied warranty, after new car’s sunroof opened and closed on its own while he drove, creating safety hazard.
Business Law Jun. 17, 2014
POM Wonderful LLC v. Coca-Cola Co.
POM Wonderful may sue its competitor, Coca-Cola, under Lanham Act for deceptively naming and labeling product as pomegranate-blueberry juice blend.
Business Law Jun. 13, 2014
Orichian v. BMW of North America LLC
Despite trial court's incorrect refusal to instruct jury on breach of written warranty under Magnuson-Moss Warranty Act, customer’s claim against BMW still fails.
Business Law Jun. 13, 2014
Sinibaldi v. Redbox Automated Retail LLC
Redbox does not violate Song-Beverly Credit Card Act by collecting ZIP codes from customers at rental kiosks because cards were used as deposit to secure payment.
Business Law Jun. 9, 2014
FTC v. BurnLounge Inc.
Music marketing business, which allowed customers to earn ‘rewards’ by becoming members and recruiting others, constitutes illegal pyramid scheme.
Business Law Jun. 3, 2014
Graf v. Zynga Game Network Inc.
Facebook and Zynga do not violate users’ rights by transmitting information to advertisers, as long as they do not divulge the contents of users’ communications.
Business Law May 9, 2014
People v. Sarpas
Office manager must pay restitution for her part in home loan modification scheme, even though she never received funds directly from victims.
Business Law May 8, 2014
Imburgia v. DIRECTV Inc.
Customers do not need to arbitrate their class action against DIRECTV for charging improper fees where arbitration provision conflicted with California law.
Business Law Apr. 8, 2014
Northwest Inc. v. Ginsberg
Airline Deregulation Act preempts claim for breach of implied covenant of good faith and fair dealing against airline based on termination of frequent flyer membership.
Business Law Apr. 3, 2014
Amerco Real Estate Co. v. City of West Sacramento
U-Haul facility owner must reduce advertising sign to 12 feet, because substantial evidence shows doing so would not affect its visibility or effectiveness.
Business Law Mar. 13, 2014
Physicians Committee for Responsible Medicine v. Applebee’s International Inc.
Chain restaurants avoid consumer advocacy organization’s Proposition 65 lawsuit based on alleged failure to warn about carcinogens in grilled chicken.
Business Law Feb. 28, 2014
Stout v. FreeScore LLC
Customer may sue FreeScore LLC, an online provider of credit score services, for making misleading statements while advertising itself as credit repair organization.
Business Law Feb. 24, 2014
Hataishi v. First American Home Buyers Protection Corp.
Customer’s suit against company for failure to disclose that outbound calls would be recorded may not proceed as class action due to individualized privacy issues.
Business Law Feb. 24, 2014
Lilly v. ConAgra Foods Inc.
Consumer may sue ConAgra Foods for its failure to include sodium content of coatings on its sunflower seeds’ shells on nutritional information labeling.
Business Law Feb. 21, 2014
Robins v. Spokeo Inc.
Unemployed man may sue Spokeo for providing misleading information about him on its website, which allegedly hurt his employment prospects.
Business Law Feb. 5, 2014
Berger v. Home Depot USA Inc.
Class action against Home Depot over allegedly deceptive 10 percent surcharge fails because class members agreed to various sales contracts.
Business Law Feb. 4, 2014
Pinon v. Bank of America NA
Credit card holders may not avoid overcharge and late penalty fees by asserting they are similar to unconstitutional punitive damages awards.
Business Law Jan. 22, 2014
Tourgeman v. Nelson & Kennard
Debt collector does not get attorney fees after consumer dropped his lawsuit based on allegedly unlawful collection letters.
Business Law Jan. 17, 2014
Mississippi ex rel. Hood v. AU Optronics Corp.
Mississippi’s lawsuit against LCD manufacturer may not be heard in federal court as ‘mass action’ because state was the only named plaintiff.
Business Law Jan. 15, 2014
Quesada v. Herb Thyme Farms Inc.
Federal law preempts consumer class action, which alleged herb grower violated California's organic labeling law by mislabeling products as organic.
Business Law Dec. 24, 2013
Boorstein v. CBS Interactive Inc.
Fantasy sports website is not liable to user for allegedly failing to provide him with certain information regarding its information-sharing practices.
Business Law Dec. 20, 2013
Lee v. Intelius Inc.
Internet company that scammed user into signing up for subscription service may not force him to arbitrate suit because they never entered into contract.
Business Law Dec. 16, 2013
Lamar Central Outdoor LLC v. California Dept. of Transportation
Outdoor advertiser may not place flat screen electronic message center next to public highway because it is located within 1,000 feet of other displays.
Business Law Nov. 24, 2013
Ferguson v. Corinthian Colleges Inc.
Students must arbitrate claims under California law alleging academic institutions misrepresented their job prospects after graduation.
Business Law Oct. 29, 2013
Chapman v. Skype Inc.
Consumer may continue to litigate class action alleging Skype deceptively labels calling plans “Unlimited” although they have many restrictions.
Business Law Oct. 7, 2013
Simpson v. The Kroger Corp.
Labels on tubs of spreadable butter products do not trick consumers into thinking they are buying standard butter where they clearly stated products had other ingredients.
Business Law Sep. 26, 2013
People v. Persolve LLC
California may pursue unfair competition claim against debt collection agency and its attorneys for allegedly making unlawful threats to debtors in demand letters.
Business Law Aug. 16, 2013
Rose v. Bank of America N.A.
Claims under California’s unfair competition law may be based on federal Truth in Savings Act, which regulates banks’ disclosures to customers.
Business Law Aug. 2, 2013
Murphy v. DirecTV Inc.
Customers who claimed that DirecTV deceived them with scheme to make them think they had purchased service equipment must arbitrate claims.
Business Law Jul. 31, 2013