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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. 1, 2018
Kristensen v. Credit Payment Services Inc.
Defendants not vicariously liable under ratification theory where party who violated Telephone Consumer Protection Act is not agent of defendant and did not purport to be agent. 		Consumer Law 9th Jan. 11, 2018
Kirzhner v. Mercedes-Benz USA, LLC
Lemon law restitution provision does not require defendant to cover plaintiff's registration renewal charges as to defective car. 		Consumer Law 4DCA/3 Dec. 14, 2017
Noel v. Thrifty Payless, Inc.
To certify a class brought under Unfair Competition and False Advertising law, the means of identifying potential class members must be articulated and supported with evidence. 		Consumer Law 1DCA/4 Dec. 6, 2017
Flores v. Southcoast Automotive Liquidators, Inc. et al.
Remedies under the Consumer Legal Remedies Act are cumulative of other statutory or common law rights. 		Consumer Law 2DCA/5 Nov. 29, 2017
Arellano v. Clark County Collection Service LLC
Debt collector cannot evade Fair Debt Collection Practices Act's restrictions by strategically forcing debtor's claims to be auctioned, erroneously resulting in dismissal of debtor's FDCPA action. 		Consumer Law 9th Nov. 20, 2017
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 Oct. 23, 2017
In re Henson
Verizon subscribers victorious in challenging order staying putative class action and compelling arbitration in action against mobile advertising middle-man. 		Consumer Law 9th Sep. 6, 2017
Rubenstein v. The Gap Inc.
Plaintiff’s claim under the Consumers Legal Remedies Act fails where Plaintiff’s complaint fails to allege that defendant misrepresented its products. 		Consumer Law 2DCA/1 Aug. 28, 2017
Los Angeles Lakers Inc. v. Federal Insurance Co.
Claim under Telephone Consumer Protection Act is fundamentally invasion of privacy claim; insurer properly denied coverage under policy broadly excluding actions arising from invasion of privacy. 		Consumer Law 9th Aug. 24, 2017
Afewerki v. Anaya Law Group
False statement that causes ‘the least sophisticated debtor to suffer a disadvantage’ in his or her plan of action ‘in response to the collection effort’ is a material false statement that violates the FDCPA. 		Consumer Law 9th Aug. 21, 2017
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 Aug. 10, 2017
Henson v. Santander Consumer USA Inc.
Defaulted debt purchaser that collects debts on its own behalf does not qualify as a 'debt collector' under Fair Debt Collection Practices Act. 		Consumer Law Jun. 12, 2017
Ho v. ReconTrust Co.
Action properly dismissed where trustee of California deed of trust is not a 'debt collector' under Fair Debt Collection Practices Act. 		Consumer Law May 23, 2017
Cross v. Superior Court (Kidane)
Business and Professions Section 2225 abrogates psychotherapist-patient privilege for purposes of medical board's investigation of a psychiatrist, permitting disclosure of patient records. 		Consumer Law May 3, 2017
Kwan v. SanMedica International LLC
Motion to dismiss complaint properly granted, where plaintiff fails to allege facts to support finding that defendant's advertising claims were actually false. 		Consumer Law Apr. 24, 2017
Syed v. M-I LLC
Inclusion of liability waiver in the same document as statutorily mandated disclosure constitutes willful violation of the Fair Credit Reporting Act. 		Consumer Law Mar. 21, 2017
Oskoui v. J.P. Morgan Chase Bank N.A.
Victim of Chase's 'unconscionable' loan modification process obtains relief from summary judgment entered in favor of Chase involving allegations of fraudulent business practices. 		Consumer Law Mar. 14, 2017
Professional Collection Consultants v. Lauron
Summary judgment on grounds of statute of limitations improperly granted in debtor's favor where debtor failed to establish when debt collector's action accrued. 		Consumer Law Feb. 21, 2017
Van Patten v. Vertical Fitness Group LLC
In case alleging violation of Telephone Consumer Protection Act, summary judgment properly granted in defendants' favor where plaintiff consents to receive text messages at issue. 		Consumer Law Jan. 30, 2017
Koby v. ARS National Services Inc.
Though magistrate judge may approve class action settlement without obtaining consent of all unnamed class members, approval nevertheless overturned for failing to meet FRCP 23(e)(2). 		Consumer Law Jan. 25, 2017
Syed v. M-I LLC
Inclusion of liability waiver in the same document as statutorily mandated disclosure constitutes willful violation of the Fair Credit Reporting Act. 		Consumer Law Jan. 22, 2017
Mashiri v. Epsten Grinnell & Howell
Consumer may proceed with action against law firm accused of committing unlawful debt collection practices in violation of the FDCPA and related state consumer laws. 		Consumer Law Jan. 16, 2017
Briseno v. ConAgra Foods Inc.
Federal Rule of Civil Procedure 23 does not impose freestanding administrative feasibility prerequisite to class certification. 		Consumer Law Jan. 3, 2017
Raceway Ford Cases
Automobile dealership's practice of backdating finance contracts with customers does not violate Automobile Sales Finance Act. 		Consumer Law Dec. 15, 2016
Veera v. Banana Republic LLC
Plaintiffs may proceed with class action filed against Banana Republic for allegedly luring customers into the store by deceptively advertising 40 percent discount. 		Consumer Law Dec. 15, 2016
Goglin v. BMW of North America LLC
Consumer properly awarded attorney fees under Song-Beverly Act in connection with the purchase of a used BMW vehicle. 		Consumer Law Oct. 24, 2016
Ho v. ReconTrust Co.
Action properly dismissed where trustee of California deed of trust is not a 'debt collector' under Fair Debt Collection Practices Act. 		Consumer Law Oct. 19, 2016
Ebner v. Fresh Inc.
Motion to dismiss affirmed where consumer fails to state plausible claim for relief on claims alleging deceptive and misleading labeling and packaging of lip balm. 		Consumer Law Sep. 27, 2016
Nichols v. Century West LLC
Car dealer's informal agreement to wait to deposit down payment checks does not qualify as 'deferred' down payment allowing purchaser to rescind contract. 		Consumer Law Aug. 18, 2016
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