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Name Category Published
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
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
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