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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
Reyes v. Beneficial State Bank
The Holder Rule does not preempt states from authorizing recovery of attorney's fees beyond what the Holder Rule ordinarily allows. 		Consumer Law 5DCA Mar. 24, 2022
DeNike v. Mathew Enterprise, Inc.
After ruling car dealership's pretrial offer of correction was reasonable and appropriate, the trial court erred in allowing plaintiff's claim for restitution under the Consumers Legal Remedies Act to proceed. 		Consumer Law 6DCA Mar. 18, 2022
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 Mar. 15, 2022
Tailford v. Experian Information Solutions
Under the Fair Credit Reporting Act, information credit reporting agencies are mandated to provide consumers does not include behavioral data or other information not enumerated in Section 1681(g) of the Act. 		Consumer Law 9th Mar. 2, 2022
Moran v. The Screening Pros
A credit reporting agency was not negligent because its interpretation of the Fair Credit Reporting Act, while ultimately incorrect, was not objectively unreasonable. 		Consumer Law 9th Feb. 9, 2022
Anderson v. Ford Motor Co.
Recovery of Song-Beverly Act civil penalty did not preclude plaintiffs' recovery of punitive damages for fraud because the awards were based on separate conduct that took place at different times. 		Consumer Law 3DCA Feb. 9, 2022
Melendez v. Westlake Services, Inc.
Federal Trade Commission's Holder Rule allows for the recovery of attorney fees from not just the seller, but also the creditor-assignee. 		Consumer Law 2DCA/8 Jan. 31, 2022
Duff v. Jaguar Land Rover North America, LLC
Determining who was the prevailing party for fee-shifting purposes in breach of implied warranty suit should have been based on the extent to which the buyer achieved his litigation objectives. 		Consumer Law 4DCA/1 Jan. 28, 2022
Sellers v. JustAnswer LLC
Through their websites' design, website providers must ensure consumers are adequately notified of contractual terms they are agreeing to by making those terms clear and conspicuous. 		Consumer Law 4DCA/1 Jan. 4, 2022
BBBB Bonding Corp. v. Caldwell
Cosigner of a bail bond premium financing agreement was entitled to notice about the risks of guaranteeing such an agreement because it qualified as a consumer credit contract. 		Consumer Law 1DCA/1 Dec. 30, 2021
Cohen v. ConAgra Brands, Inc.
Because preemption is an affirmative defense, defendant must establish that preemption is valid through pleadings and supporting documents. 		Consumer Law 9th Oct. 27, 2021
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