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Hernandez v. Williams, Zinman & Parham PC
FDCPA's 'validation notice' requirement applies not only to initial debt collector, but also to subsequent debt collectors that communicate about the same debt.
Consumer Law Jul. 21, 2016
Duran v. Obesity Research Institute LLC
Material misstatements in online claim form results in reversal of class action settlement in weight loss products case.
Consumer Law Jul. 19, 2016
Choi v. Mario Badescu Skin Care Inc.
Objectors fail to demonstrate that notice of settlement was rendered constitutionally infirm merely because publication was made once rather than four times.
Consumer Law Jun. 22, 2016
Geier v. m-Qube Inc.
Mobile phone billing aggregators may seek to enforce arbitration clause as intended third party beneficiaries, but questions remain on whether plaintiff even assented to contract.
Consumer Law May 26, 2016
Sheriff v. Gillie
Special counsel's use of Ohio Attorney General's letterhead to collect state-owed debts does not run afoul of the Fair Debt Collection Practices Act.
Consumer Law May 17, 2016
Brooks v. CarMax Auto Superstores California LLC
Action alleging defects in CarMax's used car inspection certificate fails where no such violation occurred and, therefore, no injury supported additional CLRA or UCL claims.
Consumer Law Apr. 25, 2016
Consumer Financial Protection Bureau v. Chance Gordon
Enforcement action against California attorney largely upheld despite President's improper recess appointment of Director of Consumer Financial Protection Bureau.
Consumer Law Apr. 15, 2016
Chen v. Allstate Insurance Co.
Offer of judgment to settle would-be class representative's individual claims for alleged Telephone Consumer Protection Act violations does not render entire putative class action moot.
Consumer Law Apr. 13, 2016
Radcliffe v. Experian Information Solutions Inc.
California rule of automatic disqualification for conflicts of simultaneous representation has no application in class action context.
Consumer Law Mar. 29, 2016
Long v. Provide Commerce Inc.
Internet purchaser cannot be compelled to arbitrate dispute contained in inconspicuous 'Terms of Use' hyperlink on company's website.
Consumer Law Mar. 20, 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 Mar. 18, 2016
Beaver v. Tarsadia Hotels
Summary judgment in favor of purchasers of non-residential condominium units affirmed where defendant real estate developers' affirmative defenses of failure to disclose are unavailing.
Consumer Law Mar. 11, 2016
Campbell-Ewald Co. v. Gomez
Unaccepted Federal Rule of Civil Procedure 68 offer of judgment to satisfy named plaintiff's individual claim does not render entire complaint moot.
Consumer Law Jan. 21, 2016
DIRECTV Inc. v. Imburgia
California court must enforce DIRECTV's arbitration agreement where court's interpretation was contrary to federal policy favoring arbitration.
Consumer Law Dec. 15, 2015
Quesada v. Herb Thyme Farms Inc.
Organic Foods Production Act does not preempt state consumer lawsuit alleging deliberate mislabeling of "organic" products that actually contained conventionally-grown ingredients.
Consumer Law Dec. 4, 2015
Daniel v. Ford Motor Co.
Summary judgment improper where district court erroneously declined to follow state court decision concerning 'latent defects' in connection with allegedly defective Ford vehicles.
Consumer Law Dec. 3, 2015
Roos v. Honeywell International Inc.
Trial court erroneously finds objectors lacked standing to object to class action settlement but error does not warrant reversal of settlement approval.
Consumer Law Nov. 12, 2015
In re Tobacco Cases II
Measure for restitution in UCL claim set forth in 'Vioxx' is appropriate; restitution may not rest purely on deterrence basis.
Consumer Law Sep. 29, 2015
Pulaski & Middleman LLC v. Google Inc.
Class action against Google may proceed following district court's denial of class certification based on erroneous 'predominance' analysis and failure to follow precedent.
Consumer Law Sep. 22, 2015
Rodriguez v. Sony Computer Entertainment LLC
Consumer's unlawful retention claim under Video Privacy Protection Act fails because Act does not provide private right of action to enforce retention requirements.
Consumer Law Sep. 8, 2015
Edwards v. First American Corp.
Denial of class certification is vacated where issues relating to alleged common kickback scheme between title insurance company and title agencies predominate over individual issues.
Consumer Law Aug. 25, 2015
Connor v. First Student Inc.
Nothing in the Investigative Consumer Reporting Agencies Act or the Consumer Credit Reporting Agencies Act precludes application of both acts to both character and creditworthiness information.
Consumer Law Aug. 17, 2015
Connor v. First Student Inc.
Nothing in the Investigative Consumer Reporting Agencies Act or the Consumer Credit Reporting Agencies Act precludes application of both acts to both character and creditworthiness information.
Consumer Law Aug. 14, 2015
Sanchez v. Valencia Holding Co. LLC
Court of Appeal errs in finding arbitration agreement in car sales contract unconscionable under <EM>AT&T Mobility LLC v. Concepcion</EM>.
Consumer Law Aug. 3, 2015
Mollett v. Netflix, Inc.
Video Privacy Protection Act allows disclosures about consumer to that consumer; thus, claims against Netflix for displaying users' viewing histories properly dismissed.
Consumer Law Aug. 2, 2015
Dagher v. Ford Motor Co.
Used truck buyer lacks standing to sue manufacturer under California's lemon law, but may pursue action under federal lemon law.
Consumer Law Jul. 19, 2015
McKenzie v. Ford Motor Co.
Comparison of auto-maker Ford's two compromise offers is erroneous and court abuses its discretion in denying consumer full attorney fee award.
Consumer Law Jul. 13, 2015
Montgomery v. GCFS Inc.
Licensed finance lender may sell consumer debt to another party even though that party is neither an institutional investor nor a financial lender.
Consumer Law Jun. 14, 2015
Leber v. DKD of Davis Inc.
Consumer has no recourse from seller regarding 'lemon' truck where seller expressly cautioned consumer he was buying 'used' car 'AS IS' with no warranties.
Consumer Law Jun. 4, 2015
Nolte v. Cedars Sinai Medical Center
Consumer class action against Cedars-Sinai over facility fee charged to new patients fails because plaintiff alleged no unlawful, unfair, or fraudulent acts.
Consumer Law May 21, 2015