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Osheske v. Silver Cinemas Acquisition Co.
Selling tickets to in-person movie screenings is not engaging in the rental, sale, or delivery of audiovisual materials within the meaning of the Video Privacy Protection Act. 		Consumer Law 9th Mar. 28, 2025
Ballesteros v. Ford Motor Co.
Defendant Ford Motor, as nonsignatory to financing contract, could not compel arbitration where plaintiff's claims were based on Song-Beverly Act warranties and no inequitable results would occur from denying arbitration. 		Arbitration, Consumer Law 1DCA/5 Mar. 27, 2025
Suchard v. Sonoma Academy
Dismissal was appropriate for class action unfair competition claim against school that purportedly retained teachers with abuse history where named plaintiffs failed to articulate an economic harm. 		Education, Consumer Law 1DCA/3 Mar. 25, 2025
Chabolla v. ClassPass, Inc.
User was not bound by terms of use presented on website because she did not unambiguously manifest her assent to the terms on any screen where they were conspicuously presented. 		Arbitration, Consumer Law 9th Feb. 28, 2025
Six v. IQ Data International, Inc.
Single letter from debt collector to alleged debtor who was represented by counsel was sufficient for standing to sue under the Fair Debt Collection Practices Act. 		Consumer Law, Civil Procedure 9th Feb. 25, 2025
Chai v. Velocity Investments, LLC
Nothing in the Fair Debt Buying Practices Act conditions a consumer's right to sue for statutory damages on suffering an injury in fact or the availability of actual damages. 		Consumer Law 6DCA Feb. 18, 2025
Hardy v. Forest River, Inc.
Forum selection clause that waived unwaivable rights under Song-Beverly Act was unconscionable and unenforceable, and the clause could neither be rewritten nor properly severed to save the agreement. 		Consumer Law, Civil Procedure 2DCA/2 Feb. 4, 2025
Martinez v. Sai Long Beach B, Inc.
Although used-car sales contract contained an attorney fees provision, Song-Beverly Act disallowed defendant from being awarded attorney fees as the prevailing party. 		Consumer Law, Contracts 2DCA/5 Jan. 30, 2025
Consumer Financial Protection Bureau v. Cashcall, Inc.
Consumer lender failed to argue constitutional right to jury trial violation when it proceeded with a bench trial in the first phase of trial. 		Consumer Law 9th Jan. 6, 2025
Carver v. Volkswagen Group of America, Inc.
Under the Song-Beverly Consumer Warranty Act, vehicle manufacturers may condition lemon buybacks on the purchaser's consent to keep the financial terms of the agreement confidential. 		Consumer Law 2DCA/3 Dec. 30, 2024
LVNV Funding v. Rodriguez
Because the Fair Debt Collection Practices Act allows consumers wrongly sued over a debt to pursue a claim, debt collector's anti-SLAPP motion against mistakenly-identified consumer was improperly granted. 		Consumer Law, Anti-SLAPP 5DCA Nov. 14, 2024
Rodriguez v. FCA US, LLC
Song-Beverly Act's refund-or-replace provision applies to vehicles for which the manufacturer's express warranty was issued with the sale and not used vehicles with a balance remaining on the express warranty. 		Consumer Law CASC Nov. 1, 2024
Muha v. Experian Information Solutions
Fair Credit Reporting Act plaintiffs lacked standing because they did not allege a concrete injury. 		Consumer Law, Civil Procedure 4DCA/3 Oct. 30, 2024
Kramer v. Coinbase, Inc.
Trial court did not err in concluding that plaintiffs were not required to arbitrate their consumer law, public injunctive relief claims against cryptocurrency company. 		Arbitration, Consumer Law 1DCA/3 Oct. 8, 2024
Lathrop v. Thor Motor Coach, Inc.
Burden of showing forum selection clause was unreasonable was improperly placed on consumers rather than party seeking to enforce the clause where consumers' claims involved unwaivable statutory rights. 		Consumer Law, Civil Procedure 2DCA/7 Oct. 8, 2024
Bowen v. Energizer Holdings, Inc.
District court erred in determining consumer lacked standing to pursue false advertising claim against sunscreen company where merits and jurisdictional issues were intertwined. 		Consumer Law, Civil Procedure 9th Oct. 2, 2024
Rivera v. Superior Court (Ford Motor Company)
Manufacturer Ford Motor Co. could not compel arbitration as a third-party beneficiary to car sale contract. 		Arbitration, Consumer Law 2DCA/6 Sep. 25, 2024
Modification: 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. 25, 2024
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
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