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Warner v. Experian Information Solutions, Inc.
Under Section 1681i of the Fair Credit Reporting Act, consumer reporting agencies have no duty to investigate a consumer's credit file if the consumer does not notify the agency directly. 		Consumer Law 9th Jul. 25, 2019
Cavalry SPV I, LLC v. Watkins
The fact that creditor stopped sending regular monthly statements after it deemed debtor's account uncollectible and charged it off does not establish that creditor waived its right to post charge-off interest. 		Consumer Law 4DCA/1 Jul. 2, 2019
Merck Sharp & Dohme Corp. v. Albrecht
Court of Appeals treated pre-emption question as one of fact, not law, and it did not have an opportunity to consider fully the standards described; thus, judgment vacated and remanded. 		Consumer Law USSC May 21, 2019
Moran v. The Screening Pros
'Connor v. First Student, Inc.'s holding that California's Investigative Consumer Reporting Agencies Act overlaps with Consumer Credit Reporting Agencies Act, foreclosed argument that the statutory scheme was unconstitutionally vague. 		Consumer Law 9th May 15, 2019
Valdez v. Seidner-Miller, Inc.
Correction offer under Civil Code Section 1782(b) that would bar claims not subject to Consumer Legal Remedies Act notice requirements, and was conditioned on unilateral subjective determinations, was inappropriate. 		Consumer Law 2DCA/7 Mar. 29, 2019
Dachauer v. NBTY Inc.
FDCA preempts state law for claims about dietary supplements that differ from FDCA's requirements; thus, because defendants' labels do not claim that their supplements treat or prevent cardiovascular disease, summary judgment was proper. 		Consumer Law 9th Jan. 11, 2019
Zabriskie v. Federal National Mortgage Association
A seller of software to a company that uses the software product to process credit report information is not a consumer reporting agency because it is not "assembling or evaluating" any information. 		Consumer Law 9th Jan. 10, 2019
Sonner v. Schwabe North America
A plaintiff need only show a triable issue of material fact to proceed to trial; thus, appellant met her burden for summary judgment by producing expert testimony. 		Consumer Law 9th Dec. 27, 2018
FTC v. AMG Capital Management
'Loan Note' on websites that offered high-interest, short-term payday loans was deceptive because it did not accurately disclose the loan's terms; thus, district court did not err in granting summary judgment. 		Consumer Law 9th Dec. 4, 2018
Kohler Co. v. Superior Court
Right to Repair Act generally excludes class actions, and narrow exception does not apply where sued-over allegedly defective product was "completely manufactured offsite." 		Consumer Law 2DCA/4 Nov. 16, 2018
Durnford v. MusclePharm
Food, Drug, and Cosmetic Act did not preempt appellant's claim that Supplement's label misled consumers because it was premised on protein composition and not protein amount. 		Consumer Law 9th Oct. 15, 2018
In re Easysaver Rewards Litigation
Under the Class Action Fairness Act, district courts are required to consider the value of only those coupons 'that were actually redeemed' when calculating the relief awarded to a class. 		Consumer Law 9th Oct. 4, 2018
Brady v. Bayer Corp.
A demurrer was erroneously granted where a product's brand name advertised dosage of one tablet a day, but fine print on the back indicated dosage was two per day. 		Consumer Law 4DCA/3 Sep. 11, 2018
Tourgeman v. Nelson & Kennard
Under Fair Debt Collection Practices Act, burden of proof to establish defendant's net worth is one Congress intended for the plaintiff to carry. 		Consumer Law 9th Aug. 21, 2018
De La Torre v. CashCall, Inc.
That loans over $2,500 'are not subject to a numerical ceiling on the interest rate does not mean that they cannot be found unconscionable.' 		Consumer Law CASC Aug. 14, 2018
Modification: Littlejohn v. Costco Wholesale Corp.
Trial court properly sustained defendants' demurrer where consumer sought reimbursement of taxes from the Board of Equalization as to sales tax on an alleged food item. 		Consumer Law 1DCA/3 Aug. 7, 2018
Hansen v. Newegg.com Americas
Sustention of demurrer for lack of standing to bring claims under unfair competition law and false advertising law reversed where plaintiff relied on misrepresentation to purchase products he would not have purchased but for misrepresentation. 		Consumer Law 2DCA/7 Aug. 2, 2018
True Health Chiropractic v. McKesson
Judgment declining class certification partially reversed where certain class claims satisfy Rule 23(b)(3)’s predominance requirement. 		Consumer Law 9th Jul. 18, 2018
Littlejohn v. Costco Wholesale Corp.
Trial court properly sustained defendants' demurrer where consumer sought reimbursement of taxes from the Board of Equalization as to sales tax on an alleged food item. 		Consumer Law 1DCA/3 Jul. 17, 2018
McNair v. Maxwell & Morgan
Summary judgment for defendants reversed and remanded in part where court incorrectly concludes that defendants are not 'debt collectors' under Fair Debt Collection Practices Act. 		Consumer Law 9th Jun. 26, 2018
Hodsdon v. Mars, Inc.
Dismissal of unfair competition law suit based on child labor in chocolatier's supply. 		Consumer Law 9th Jun. 5, 2018
Daniel v. National Park Service
Dismissal finding Fair Credit Reporting Act does not waive federal government’s sovereign immunity affirmed where act is ambiguous as to whether it waives such immunity. 		Consumer Law 9th May 31, 2018
Shaw v. Experience Information Solutions
Claims under 15 U.S.C. Sections 1681e and 1681i fail where plaintiff asserting claims fails to show inaccurate reporting. 		Consumer Law 9th May 30, 2018
Amended Opinion: Davidson v. Kimberly-Clark Corp.
Consumer alleging fraud has standing to pursue injunctive relief where consumer faces 'imminent or actual threat of future harm.' 		Consumer Law 9th May 10, 2018
Echlin v. PeaceHealth
A company who tried to collect patients' debts and meaningfully participated in efforts to collect said debts did not violate the Fair Debt Collection Practices Act. 		Consumer Law 9th Apr. 18, 2018
Amended Opinion: Jones v. Royal Administration Services Inc.
Company cannot be held vicariously liable for telemarketers' Telephone Consumer Protection Act violations because telemarketers were not its agents, but were independent contractors. 		Consumer Law 9th Apr. 5, 2018
City and County of San Francisco v. HomeAway.com, Inc.
Order granting administrative subpoena affirmed where subpoena complies with provisions of the Stored Communications Act. 		Consumer Law 1DCA/4 Mar. 30, 2018
Fober v. Management and Technology Consultants LLC
Summary judgment in favor of defendant affirmed where plaintiff consents to calls from an automatic telephone dialing system. 		Consumer Law 9th Mar. 30, 2018
Modification: Gutierrez v. Carmax Auto Superstores California
The omission of a material fact is actionable under the Consumer Legal Remedies Act where the facts actually disclosed by a defendant are misleading given the facts they concealed. 		Consumer Law 5DCA Feb. 26, 2018
Rojas v. HSBC Card Services
Where employer automatically records all calls made by employees, such recording is intentional under the Privacy Act of 1967. 		Consumer Law 4DCA/1 Feb. 13, 2018
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