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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
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