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Bower v. AT&T Mobility LLC
No injury occurs where wireless phone retailer failed to inform consumers of its discretionary authority to charge sales tax of undiscounted price of phone.
Business Law Jun. 29, 2011
Brown v. Mortensen
Fair Credit Reporting Act does not preempt state law claims alleging that debt collector illegally disclosed confidential patient information to consumer reporting agencies.
Business Law Jun. 16, 2011
Archer v. United Rentals, Inc.
Privacy protection under Song-Beverly Credit Card Act is dependent on personal issuance of credit card, not purpose for which card is used in particular transactions.
Business Law Jun. 14, 2011
Folgelstrom v. Lamps Plus Inc.
Cause of action alleging that retailer violated Song-Beverly Credit Card Act of 1971 by asking customers for ZIP codes survives demurrer.
Business Law Jun. 8, 2011
Hill v. Roll International Corp.
Plaintiff’s deceptive advertising claim is properly denied where no reasonable consumer would be misled to believe company’s symbol represented environmental superiority.
Business Law May 27, 2011
Simonoff v. Expedia Inc.
Prohibition of printing credit card expiration dates under Fair and Accurate Credit Transactions Act does not apply to emailed receipts only displayed on computer.
Business Law May 25, 2011
Knapp v. AT&T Wireless Services Inc.
Court denies class certification for lack of commonality because determining unfair practice would necessarily turn on individual inquiry as to each store’s representation.
Business Law May 23, 2011
Folgelstrom v. Lamps Plus Inc.
Cause of action alleging that retailer violated Song-Beverly Credit Card Act of 1971 by asking customers for ZIP codes survives demurrer.
Business Law May 23, 2011
Archer v. United Rentals Inc.
Privacy protection under Song-Beverly Credit Card Act is dependent on personal issuance of credit card, not purpose for which card is used in particular transactions.
Business Law May 20, 2011
Dios v. International Realty & Investments Inc.
Property management company is not ‘debt collector’ under Fair Debt Collection Practices Act where debt collection obligation was obtained before debt was in default.
Business Law Apr. 11, 2011
Cellphone Fee Termination Cases
Cellphone provider’s early termination fee is unlawful liquidated damages clause absent finding that fee represented reasonable endeavor to estimate actual damages.
Business Law Mar. 7, 2011
McCollough v. Johnson, Rodenburg & Lauinger LLC
Debtor is entitled to summary judgment where debt collector fails to provide evidence of procedures designed to avoid specific errors leading to filing of untimely suit.
Business Law Mar. 7, 2011
Martinez v. Kia Motors America Inc.
Under Song-Beverly Consumer Warranty Act, buyer may seek replacement or reimbursement for repairs from car manufacturer although she no longer possessed vehicle.
Business Law Mar. 3, 2011
Pineda v. Williams-Sonoma Stores Inc.
ZIP codes requested by businesses in credit card transactions are ‘personal identification information’ under Song-Beverly Credit Card Act of 1971.
Business Law Feb. 11, 2011
Kwikset Corp. v. Superior Court (Benson)
Consumer who purchased product based on manufacturer’s misrepresentation has standing under Proposition 64 due to loss of money.
Business Law Jan. 28, 2011
Owner-Operator Independent Drivers Association Inc. v. Swift Transportation Co. Inc.
Truth-in-Leasing regulation requires disclosures about charges to ensure fairness, but does not prohibit motor carriers from profiting.
Business Law Jan. 21, 2011
State of California ex. rel McCann v. Bank of America
California False Claims Act complaint is properly dismissed where it fails to specify amount claimed to have falsely been represented to State.
Business Law Jan. 11, 2011
Carvalho v. Equifax Information Services LLC
Consumer, who is wrongly charged debt, fails to fulfill inaccuracy requirement of reinvestigation claim under California Consumer Credit Reporting Agencies Act.
Business Law Dec. 16, 2010
American Express Bank FSB v. Kayatta
Company does not have duty to disclose to cardholder that it had obtained default judgment against additional cardmember on cardholder's account.
Business Law Nov. 25, 2010
Global NAPs California Inc. v. PUC of the State of California
Local exchange carriers that transfer Internet-based calls to traditional phone lines are subject to interconnection agreements for long distance toll calls.
Business Law Oct. 28, 2010
Sanford v. MemberWorks Inc.
RICO claim against company that allegedly deceived consumers into buying discount club memberships is deficient where plaintiffs did not state which party made calls.
Business Law Oct. 25, 2010
Tanen v. Southwest Airlines Co.
Federal Airline Deregulation Act preempts state law regarding expiration dates imposed on travel certificate offered by air carrier.
Business Law Aug. 27, 2010
Gonzalez v. Superior Court (Fireside Bank)
Court is bound by collateral estoppel constraints and may not disregard previous judgments against debtors on classwide basis under Unfair Competition Law.
Business Law Aug. 26, 2010
Carvalho v. Equifax Information Services LLC
Consumer, who is wrongly charged debt, fails to fulfill inaccuracy requirement of reinvestigation claim under California Consumer Credit Reporting Agencies Act.
Business Law Aug. 19, 2010
Greenwood v. CompuCredit Corp.
Credit Repair Organization Act prohibits provisions disallowing any waiver of consumer’s right to sue in court for statutory violations.
Business Law Aug. 18, 2010
Vitug v. Alameda Point Storage Inc.
Under California Self-Service Storage Facility Act, storage facility may continue to charge late fees to renter whose access to unit has been terminated.
Business Law Aug. 12, 2010
Clark v. Superior Court (National Western Life Insurance Co.)
Award of restitution under unfair competition law is not subject to trebling provision in Civil Code Section 3345.
Business Law Aug. 10, 2010
Rubio v. Capital One Bank
Credit card solicitation’s disclosure of annual percentage rate as ‘fixed’ is misleading where rate is not permanent, but rather subject to change.
Business Law Jul. 22, 2010
Nelson v. Pearson Ford Co.
Failure to disclose backdating costs in contract for sale of car violates Automobile Sales Finance Act requirement to disclose accurate annual percentage rate.
Business Law Jul. 19, 2010
Harris v. Wachovia Mortgage FSB
Federal law does not preempt state breach of contract claim against federal savings association where agreement obligations were undertaken voluntarily.
Business Law Jun. 21, 2010