Consumer Protection
Court Dismisses Most Claims in E-Bike Battery Defect Suit, Allows Implied Warranty Claim to Proceed
A Northern District of California judge dismissed nearly all claims in a putative class action against Canyon Bicycles over a fire hazard recall and "German engineered" marketing claims, but allowed the breach of implied warranty of merchantability claim to...
Private ALPR Contractor Retains Citation Fees Despite Claims of Unlawful Ticketing to Vehicle Owners, Court Rules
Judge Halil Suleyman Ozerden granted partial summary judgment in favor of ALPR contractor Securix, LLC, dismissing all abuse-of-process claims and one plaintiff’s unjust-enrichment claim in a suit challenging the company’s electronic license plate...
New Jersey's Discord Child-Privacy Suit Belongs in State Court, Federal Judge Rules, Rejecting COPPA Removal Argument
New Jersey's consumer-fraud claims against Discord for collecting children's data without parental consent are state-law claims, a federal district court held, even though they borrow a federal standard — and belong in state court.
Federal Judge Compels Arbitration of Privacy Claims Against Baby Registry Platform Babylist, Enforcing Sign-In Wrap Agreement
A Northern District of California court held that Babylist's sign-up page gave consumers legally sufficient notice of its arbitration clause, sending privacy claims to JAMS and out of federal court.
Data-Breach Settlement Over December 2023 MCS Hack Wins Final Approval With No Objections
A Texas federal judge certified a class and approved a settlement resolving claims that Mortgage Contracting Services exposed employees' and customers' personal data in an alleged December 2023 cyberattack.
Sixth Circuit: Oklahoma Debt Firm's Wage Garnishment of Michigan Worker Establishes Personal Jurisdiction in Forum State
A published Sixth Circuit ruling holds that an Oklahoma debt-collection law firm purposefully availed itself of Michigan by garnishing the wages of a Michigan employee, reversing a dismissal for lack of personal jurisdiction.
Northern District of Illinois Transfers Kalshi Class Action to New York
Judge Lindsay C. Jenkins granted Kalshi, Inc.'s motion to transfer a consolidated class action alleging illegal sports wagering and deceptive trade practices to the Southern District of New York.
Nissan TCPA Case Survives Dismissal Bid Over Prerecorded Calls
Judge Campbell denies Nissan North America’s motions to dismiss and strike class allegations in a TCPA suit alleging unwanted prerecorded calls from Autoweb.
District Court Grants Preliminary Approval of $1.9M TCPA Settlement Against Molina Healthcare
The U.S. District Court for the District of Oregon has granted preliminary approval of a nationwide class action settlement against Molina Healthcare, Inc. and Molina Healthcare of California, resolving allegations that the insurer placed artificial or...
Ninth Circuit Affirms Class Certification in Bayer Natural Fruit Bites Mislabeling Suit
The Ninth Circuit affirmed the district court’s certification of California and New York classes in Drake v. Bayer Healthcare LLC, rejecting Bayer’s arguments that individualized issues of reliance and damages precluded class treatment under Rule...
Eli Lilly Survives Dismissal Bid in Lanham Act and UCL Suit Against Mochi Health Over Compounded GLP-1s
The Northern District of California has denied in part and granted in part a motion to dismiss Eli Lilly’s competition lawsuit against telehealth provider Mochi Health, allowing claims alleging false advertising and corporate practice of medicine to proceed...
California AG Unseals Evidence of Amazon’s Price-Fixing Scheme
California Attorney General Rob Bonta has released largely unredacted evidence from a preliminary injunction filing, revealing Amazon’s alleged scheme to collude with vendors and competitors to artificially raise retail prices.
Sephora Agrees to Safeguards on Anti-Aging Skincare Marketing to Children Following Connecticut Investigation
Connecticut Attorney General William Tong announced that Sephora has adopted new safeguards regarding the marketing of anti-aging skincare products to children, resolving an investigation by the Connecticut Office of the Attorney General.
Texas Sues ActBlue for Deceiving Voters and Facilitating Foreign Donations
Texas Attorney General Ken Paxton filed a landmark lawsuit against ActBlue, alleging the political fundraising platform deceived consumers and facilitated fraudulent and foreign donations that undermine election integrity.
Judge Denies Fee Waiver for Pro Se Plaintiff in Credit Union Dispute
Judge Brett H. Ludwig of the Eastern District of Wisconsin has denied Karen Spann Turner's motion to proceed in forma pauperis in her lawsuit against Educators Credit Union.
CFPB Defers Enforcement of Payday Loan Payment Rules, Signals Rulemaking to Narrow Scope
The Consumer Financial Protection Bureau announced it will not prioritize enforcement or supervision actions against payday, vehicle title, and high-cost installment lenders for violations of the Payment Withdrawal and Payment Disclosure provisions of its...
Connecticut AG Tong Joins Multistate Settlement With Norwegian Cruise Line Over COVID Deception
Connecticut Attorney General William Tong joined a multistate settlement with Norwegian Cruise Line requiring the company to pay $2 million and implement new consumer protections after NCL allegedly made deceptive statements discouraging cancellations...
CFPB Report Finds Servicemembers Pay More Than Civilians for Auto Loans
The Consumer Financial Protection Bureau said servicemembers borrowing to buy vehicles take on larger loans, make smaller down payments and pay more in interest than civilian borrowers, citing analysis of more than 20 million auto loans originated between...
District Court Stays Amazon Class Action Pending California Ruling on Yelp Law
A federal judge in California has stayed a putative class action against Amazon.com, Inc. regarding the company's former non-disparagement clause, pending a critical state appellate ruling on whether the "Yelp Law" authorizes a private right of action.