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    Name Category Published
    Valdovinos v. Kia Motors America, Inc.
    To determine whether civil penalties could be imposed, new trial was necessary to determine whether Kia Motors' breach of Beverly-Song Act was willful.     		Consumer Law 2DCA/2 Sep. 3, 2024
    Calhoun v. Google, LLC
    District court erroneously failed to conduct a "reasonable person" analysis in determining whether plaintiff consumers had consented to Google's collection and use of their data.     		Consumer Law 9th Aug. 21, 2024
    Montera v. Premier Nutrition Corp.
    Ninth Circuit affirmed consumer's false advertising claim under New York law against dietary supplement company whose packaging purported to relieve joint pain.     		Consumer Law 9th Aug. 7, 2024
    Medina v. St. George Auto Sales, Inc.
    A frequent "check engine" light notification was not necessarily notice of a material defect in a car represented to be in good condition for the purposes of the discovery rule.     		Civil Procedure, Consumer Law 4DCA/3 Jul. 30, 2024
    J.M. v. Illuminate Education, Inc.
    The Confidentiality of Medical Information Act applies to non-healthcare entities that maintain and use medical records for an individual's diagnosis and treatment.     		Consumer Law 2DCA/6 Jul. 26, 2024
    Salami v. Los Robles Regional Medical Center
    Hospital's alleged failure to disclose emergency medical services fees beyond including it in the chargemaster did not furnish a basis for unfair competition and consumer protection claims.     		Consumer Law, Health Care 2DCA/6 Jul. 25, 2024
    Whiteside v. Kimberly Clark Corp.
    District court erred in granting manufacturer's motion to dismiss false advertising claim by relying on product's back label to determine whether product's "plant-based" claim was ambiguous.     		Consumer Law 9th Jul. 18, 2024
    American Apparel & Footwear Association Inc. v. Baden
    Oregon's Toxic-Free Kids Act is not facially preempted by the Federal Hazardous Substances Act or the Consumer Product Safety Act.     		Consumer Law 9th Jul. 16, 2024
    Davidson v. Sprout Foods, Inc.
    Consumers could pursue their private enforcement of state food labeling laws because the state standard was identical to and did not conflict with the equivalent federal labeling standards.     		Consumer Law 9th Jul. 1, 2024
    Modification: Stiles et al. v. Kia Motors America, Inc.
    Car sold with manufacturer's original warranties benefited from the Song-Beverly Act's repair or replace remedies despite being previously owned.     		Consumer Law 2DCA/6 May 24, 2024
    Stiles et al. v. Kia Motors America, Inc.
    Car sold with manufacturer's original warranties benefited from the Song-Beverly Act's repair or replace remedies despite being previously owned.     		Consumer Law 2DCA/6 May 6, 2024
    Beverage v. Apple, Inc.
    Apple's unilateral market conduct was neither a violation of antitrust law nor unfair competition law.     		Antitrust, Consumer Law 6DCA Apr. 29, 2024
    Lytle v. Nutramax Laboratories,Inc.
    At the class certification stage, plaintiffs may use a reliable, unexecuted damages model to show that damages are susceptible to common proof.     		Civil Procedure, Consumer Law 9th Apr. 23, 2024
    Trident Society, Inc. v. Cemetery and Funeral Bureau
    Funeral service's failure to hold, in a trust, money paid collateral to its preneed contract, violated the Short Act.     		Consumer Law 3DCA Mar. 22, 2024
    Neptune Management Corp. v. Cemetery and Funeral Bureau
    Constructive delivery of funeral merchandise was insufficient to satisfy delivery exception to requirement that funds received for such merchandise should be held in trust until delivery.     		Consumer Law 3DCA Mar. 22, 2024
    People v. Ashford University, LLC
    Trial court did not abuse discretion in counting each misleading call made by online university as separate false advertising violations.     		Consumer Law 4DCA/1 Mar. 12, 2024
    Niedermeier v. FCA US LLC
    Under California's lemon law, neither trade-in credit nor sale proceeds reduce the statutory restitution remedy where a consumer has been forced to trade in or sell a defective vehicle due to the manufacturer's violation of the statute.     		Consumer Law CASC Mar. 5, 2024
    Ramsey v. Comcast Cable Communications, LLC
    Arbitration agreement was unenforceable when cable subscriber's complaint against cable company's purported deceptive practices sought public injunctive relief.     		Consumer Law 6DCA Jan. 31, 2024
    Grayot v. Bank of Stockton
    Bank may not avoid potential liability for claims that transpired when it was the holder of the contract by later reassigning it.     		Consumer Law 3DCA Dec. 22, 2023
    Kim v. Tinder Inc.
    Plaintiff was an inadequate class representative for class action lawsuit against Tinder's age-discriminatory pricing policy because she was subject to a binding arbitration order that other class members were not.     		Consumer Law 9th Dec. 6, 2023
    Modification: Hagey v. Solar Service Experts
    Bills sent to homeowner were an attempt to collect an alleged consumer debt for purposes of the Rosenthal Act despite homeowner not actually owing any debt.     		Consumer Law 4DCA/3 Sep. 27, 2023
    Davis Boat Manufacturing-Nordic, Inc. v. Smith
    Code of Civil Procedure Section 669.730, which prohibits the forced sale of a judgment debtor's home to satisfy a consumer debt, violates neither the Contract nor the Equal Protection Clauses.     		Consumer Law 5DCA Sep. 21, 2023
    Hagey v. Solar Service Experts
    Bills sent to homeowner were an attempt to collect an alleged consumer debt for purposes of the Rosenthal Act despite homeowner not actually owing any debt.     		Consumer Law 4DCA/3 Aug. 31, 2023
    Nacarino v. Kashi Co.
    Consumer claims based on allegedly misleading food labels were preempted where sustaining them would have established a requirement for food labeling that differed from federal requirements.     		Consumer Law 9th Aug. 15, 2023
    Trim v. Reward Zone USA LLC
    Because text messages sent to consumer's cellular telephone were not "voice" messages, the texts did not violate the Telephone Consumer Protection Act.     		Consumer Law 9th Aug. 9, 2023
    Osure Brown v. Transworld Systems, Inc. et al
    To plausibly allege that a litigation act violates the Fair Debt Collection Practices Act, the debtor must aver facts showing that the collector's act is a new violation.     		Consumer Law 9th Jul. 17, 2023
    Hall v. Smosh DOT Com, Inc.
    The owner and subscriber of a phone with a number listed on the Do-Not-Call Registry has standing to bring a Telephone Consumer Protection Act claim, if if they were not the call recipient.     		Consumer Law 9th Jul. 3, 2023
    Rheinhart v. Nissan North America
    Car manufacturer required to show more in order to allow its settlement release with aggrieved purchaser survive the Song-Beverly Act's anti-waiver policy.     		Consumer Law 4DCA/1 Jun. 29, 2023
    Minser v. Collect Access, LLC
    Debt collector violated the Rosenthal Act where it attempted to collect a judgment without taking reasonable efforts that would have revealed the debtor had not received service of process.     		Consumer Law 2DCA/1 Jun. 23, 2023
    Aargon Agency Inc. v. O'Laughlin
    Denial of temporary restraining order and preliminary injunction was appropriate where debt collectors failed to establish their facial challenge to Nevada S.B. 248 was likely to succeed on the merits.     		Consumer Law 9th Jun. 16, 2023
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