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Van Patten v. Vertical Fitness Group LLC
In case alleging violation of Telephone Consumer Protection Act, summary judgment properly granted in defendants' favor where plaintiff consents to receive text messages at issue.
Consumer Law Jan. 30, 2017
Koby v. ARS National Services Inc.
Though magistrate judge may approve class action settlement without obtaining consent of all unnamed class members, approval nevertheless overturned for failing to meet FRCP 23(e)(2).
Consumer Law Jan. 25, 2017
Syed v. M-I LLC
Inclusion of liability waiver in the same document as statutorily mandated disclosure constitutes willful violation of the Fair Credit Reporting Act.
Consumer Law Jan. 22, 2017
Mashiri v. Epsten Grinnell & Howell
Consumer may proceed with action against law firm accused of committing unlawful debt collection practices in violation of the FDCPA and related state consumer laws.
Consumer Law Jan. 16, 2017
Briseno v. ConAgra Foods Inc.
Federal Rule of Civil Procedure 23 does not impose freestanding administrative feasibility prerequisite to class certification.
Consumer Law Jan. 3, 2017
Raceway Ford Cases
Automobile dealership's practice of backdating finance contracts with customers does not violate Automobile Sales Finance Act.
Consumer Law Dec. 15, 2016
Veera v. Banana Republic LLC
Plaintiffs may proceed with class action filed against Banana Republic for allegedly luring customers into the store by deceptively advertising 40 percent discount.
Consumer Law Dec. 15, 2016
Goglin v. BMW of North America LLC
Consumer properly awarded attorney fees under Song-Beverly Act in connection with the purchase of a used BMW vehicle.
Consumer Law Oct. 24, 2016
Ho v. ReconTrust Co.
Action properly dismissed where trustee of California deed of trust is not a 'debt collector' under Fair Debt Collection Practices Act.
Consumer Law Oct. 19, 2016
Ebner v. Fresh Inc.
Motion to dismiss affirmed where consumer fails to state plausible claim for relief on claims alleging deceptive and misleading labeling and packaging of lip balm.
Consumer Law Sep. 27, 2016
Nichols v. Century West LLC
Car dealer's informal agreement to wait to deposit down payment checks does not qualify as 'deferred' down payment allowing purchaser to rescind contract.
Consumer Law Aug. 18, 2016
Hernandez v. Williams, Zinman & Parham PC
FDCPA's 'validation notice' requirement applies not only to initial debt collector, but also to subsequent debt collectors that communicate about the same debt.
Consumer Law Jul. 21, 2016
Duran v. Obesity Research Institute LLC
Material misstatements in online claim form results in reversal of class action settlement in weight loss products case.
Consumer Law Jul. 19, 2016
Choi v. Mario Badescu Skin Care Inc.
Objectors fail to demonstrate that notice of settlement was rendered constitutionally infirm merely because publication was made once rather than four times.
Consumer Law Jun. 22, 2016
Geier v. m-Qube Inc.
Mobile phone billing aggregators may seek to enforce arbitration clause as intended third party beneficiaries, but questions remain on whether plaintiff even assented to contract.
Consumer Law May 26, 2016
Sheriff v. Gillie
Special counsel's use of Ohio Attorney General's letterhead to collect state-owed debts does not run afoul of the Fair Debt Collection Practices Act.
Consumer Law May 17, 2016
Brooks v. CarMax Auto Superstores California LLC
Action alleging defects in CarMax's used car inspection certificate fails where no such violation occurred and, therefore, no injury supported additional CLRA or UCL claims.
Consumer Law Apr. 25, 2016
Consumer Financial Protection Bureau v. Chance Gordon
Enforcement action against California attorney largely upheld despite President's improper recess appointment of Director of Consumer Financial Protection Bureau.
Consumer Law Apr. 15, 2016
Chen v. Allstate Insurance Co.
Offer of judgment to settle would-be class representative's individual claims for alleged Telephone Consumer Protection Act violations does not render entire putative class action moot.
Consumer Law Apr. 13, 2016
Radcliffe v. Experian Information Solutions Inc.
California rule of automatic disqualification for conflicts of simultaneous representation has no application in class action context.
Consumer Law Mar. 29, 2016
Long v. Provide Commerce Inc.
Internet purchaser cannot be compelled to arbitrate dispute contained in inconspicuous 'Terms of Use' hyperlink on company's website.
Consumer Law Mar. 20, 2016
Ebner v. Fresh Inc.
Motion to dismiss affirmed where consumer fails to state plausible claim for relief on claims alleging deceptive and misleading labeling and packaging of lip balm.
Consumer Law Mar. 18, 2016
Beaver v. Tarsadia Hotels
Summary judgment in favor of purchasers of non-residential condominium units affirmed where defendant real estate developers' affirmative defenses of failure to disclose are unavailing.
Consumer Law Mar. 11, 2016
Campbell-Ewald Co. v. Gomez
Unaccepted Federal Rule of Civil Procedure 68 offer of judgment to satisfy named plaintiff's individual claim does not render entire complaint moot.
Consumer Law Jan. 21, 2016
DIRECTV Inc. v. Imburgia
California court must enforce DIRECTV's arbitration agreement where court's interpretation was contrary to federal policy favoring arbitration.
Consumer Law Dec. 15, 2015
Quesada v. Herb Thyme Farms Inc.
Organic Foods Production Act does not preempt state consumer lawsuit alleging deliberate mislabeling of "organic" products that actually contained conventionally-grown ingredients.
Consumer Law Dec. 4, 2015
Daniel v. Ford Motor Co.
Summary judgment improper where district court erroneously declined to follow state court decision concerning 'latent defects' in connection with allegedly defective Ford vehicles.
Consumer Law Dec. 3, 2015
Roos v. Honeywell International Inc.
Trial court erroneously finds objectors lacked standing to object to class action settlement but error does not warrant reversal of settlement approval.
Consumer Law Nov. 12, 2015
In re Tobacco Cases II
Measure for restitution in UCL claim set forth in 'Vioxx' is appropriate; restitution may not rest purely on deterrence basis.
Consumer Law Sep. 29, 2015
Pulaski & Middleman LLC v. Google Inc.
Class action against Google may proceed following district court's denial of class certification based on erroneous 'predominance' analysis and failure to follow precedent.
Consumer Law Sep. 22, 2015