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McGinity v. The Procter & Gamble Co.
Reasonable consumer would not have been deceived by ambiguous front label on products where the back labels both clarified the front label's meaning and provided an ingredients list. 		Consumer Law 9th Jun. 12, 2023
Modification: Naranjo v. Doctors Medical Center of Modesto, Inc.
Emergency room patient's Consumer Legal Remedies Act claim war properly pleaded since he adequately alleged that medical center failed to provide material information about its evaluation and management services fee. 		Consumer Law 5DCA May 17, 2023
Hollins v. Walmart, Inc.
Because consumer's state mislabeling claims against Walmart's dietary supplement were inconsistent with federal labeling requirements, consumer's claims were preempted. 		Consumer Law 9th May 12, 2023
Young v. Midland Funding LLC
Under the Rosenthal Fair Debt Collection Practices Act, a consumer needed only to make a prima facie showing that the debt collectors made a false representation and need not show that it was made knowingly. 		Consumer Law 1DCA/4 May 5, 2023
Naranjo v. Doctors Medical Center of Modesto, Inc.
Emergency room patient's Consumer Legal Remedies Act claim war properly pleaded since he adequately alleged that medical center failed to provide material information about its evaluation and management services fee. 		Consumer Law 5DCA May 2, 2023
Pardini v. Unilever United States Inc.
Food Drug and Cosmetic Act preempted plaintiffs' challenge to "I Can't Believe It's Not Butter Spray" serving sizes that were compliant with FDA requirements. 		Consumer Law 9th Apr. 19, 2023
Bernuy v. Bridge Property Management Co.
Property management company did not justifiably rely on settled law where there was an extant disagreement between the Courts of Appeal about the constitutionality of a consumer protection measure. 		Consumer Law 1DCA/3 Apr. 3, 2023
Center for Environmental Health v. Perrigo Co.
Generic drug manufacturers could not give Proposition 65 warnings without violating the federal duty of sameness because public advertising containing such warnings would qualify as "labeling" under Food, Drug, and Cosmetic Act. 		Consumer Law 1DCA/1 Mar. 13, 2023
Modification: Williams v. FCA US LLC
Under the Song-Beverly Consumer Warranty Act's restitution provision, the actual price paid for a defective truck was the cost buyers paid in total in order to obtain the vehicle at the time they purchased it, exclusive of any trade-in value. 		Consumer Law 3DCA Mar. 1, 2023
Williams v. FCA US LLC
Under the Song-Beverly Consumer Warranty Act's restitution provision, the actual price paid for a defective truck was the cost buyers paid in total in order to obtain the vehicle at the time they purchased it, exclusive of any trade-in value. 		Consumer Law 3DCA Feb. 3, 2023
Kemp v. Superior Court
Consumer's state law claim for investigative agency's violation of prohibition against reporting a conviction that predates a report by more than seven years was not expressly preempted by federal law. 		Consumer Law 4DCA/3 Dec. 27, 2022
Brickman v. Meta Platforms Inc.
There was no violation of the Telephone Consumer Protection Act where autodialer did not generate the telephone numbers that were dialed. 		Consumer Law 9th Dec. 22, 2022
Consumer Financial Protection Bureau v. Aria
Advising prospective college students on financial aid was offering financial services to consumers such that the person providing the advice was covered by the Consumer Financial Protection Act. 		Consumer Law 9th Dec. 14, 2022
Beasley v. Tootsie Roll Industries, Inc.
Candy company's alleged use of partially hydrogenated oils in its products between 2010 and 2016 did not violate the Federal Food, Drug, and Cosmetic Act's prohibition on adulterated food. 		Consumer Law 1DCA/4 Dec. 5, 2022
Loy v. Kenney
Preliminary injunction was appropriate where trial court concluded plaintiffs were likely to succeed on the merits and there was an ongoing risk of public harm if the injunction were denied. 		Consumer Law 2DCA/8 Nov. 21, 2022
Borden v. EFinancial LLC
No violation of Telephone Consumer Protection Act when company used a random number generator to select numbers from a list to send text messages to. 		Consumer Law 9th Nov. 17, 2022
Figueroa v. FCA US
Manufacturer had no right to net cash from consumer's sale of defective vehicle that only occurred dur to manufacturer's refusal to replace the vehicle as required by the Song-Beverly Act. 		Consumer Law 2DCA/6 Oct. 27, 2022
Chennette v. Porch.com, Inc.
Contractors using cell phone numbers for both personal and business use who had registered for the national do-not-call database were presumptively residential subscribers entitled to consumer protections. 		Consumer Law 9th Oct. 13, 2022
Salazar v. Walmart, Inc.
Demurrer without leave to amend was inappropriate where the plaintiff-appellant stated a viable claim that a reasonable consumer could be deceived by product's packaging and location. 		Consumer Law 4DCA/2 Sep. 21, 2022
Moore v. Centrelake Medical Group, Inc.
After a medical center's data breach, to determine standing for their Unfair Competition Law claim, patients were not required to establish subsequent misappropriation of their personal identifying information. 		Consumer Law 2DCA/4 Sep. 20, 2022
Salazar v. Target Corp.
Demurrer without leave to amend was inappropriate where the plaintiff-appellant stated a viable claim that a reasonable consumer could be deceived by product's price tag description. 		Consumer Law 4DCA/2 Sep. 20, 2022
Cohen v. Apple
Federal Communications Commission regulations that set the upper limits on the levels of permitted RF radiation from cell phones preempted state laws that imposed liability premised on unsafe levels of radiation. 		Consumer Law 9th Aug. 29, 2022
Pulliam v. HNL Automotive, Inc.
In a consumer action against a car dealership, the "holder rule" did not limit the award of attorney's fees where the buyer sought fees from a holder under a state prevailing party statute. 		Consumer Law CASC May 27, 2022
Consumer Financial Protection Bureau v. Cashcall, Inc.
District court clearly erred in imposing lower penalties against a lending company because the danger that the company's conduct violated the Consumer Financial Protection Act was so obvious it must have been aware of it. 		Consumer Law 9th May 24, 2022
Gross v. CitiMortgage, Inc.
Mortgage holder was liable under the Fair Credit Reporting Act for indicating that a mortgage was past-due when it had been discharged by operation of law. 		Consumer Law 9th May 17, 2022
Bowser v. Ford Motor Company
A class member who opts out of the lawsuit is not a party to that lawsuit for the purposes of admitting depositions from the class action in a later, individual suit against the same defendant. 		Consumer Law 4DCA/2 May 13, 2022
Modification: People v. Johnson & Johnson
Substantial evidence did not support the trial court's finding that companies' oral marketing communications about their pelvic mesh products were likely to deceive doctors. 		Consumer Law 4DCA/1 Apr. 29, 2022
People v. Johnson & Johnson
Substantial evidence did not support the trial court's finding that companies' oral marketing communications about their pelvic mesh products were likely to deceive doctors. 		Consumer Law 4DCA/1 Apr. 13, 2022
Modification: Lee v. Amazon.com, Inc.
The trial court erred in finding Amazon immune from liability, by virtue of the Communications Decency Act, for failure to provide Proposition 65 warnings on face creams containing mercury and sold by third parties. 		Consumer Law 1DCA/2 Apr. 11, 2022
Rodriguez v. FCA US, LLC
California's Lemon Law's new motor vehicle refund-or-replace provision did not apply to previously owned vehicle sold with a balance remaining on one of the manufacturer's express warranties. 		Consumer Law 4DCA/2 Apr. 8, 2022
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