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Business Torts Consumer Protection

Read Business Torts updates, news, and legal commentary from leading lawyers and law firms:

Putative Class Complains that Annie’s “Strawberry Fruit Snacks” Lack Strawberries

On August 1, 2017, plaintiff Raymond Alvandi filed a putative class action in California federal court against Annie’s, Inc., seeking damages and injunctive and declaratory relief. Alvandi alleges that Annie’s misrepresented...more

Truffle Kerfuffle: Truffle Lawsuit Not on the Menu for Plaintiffs

Truffles are renowned as one of the rarest delicacies in the world. Perhaps not quite as rare, but still fairly uncommon, is the dismissal with prejudice of a false advertising class action without the plaintiffs being...more

Privacy & Cybersecurity Update - July 2017

In this month's edition of our Privacy & Cybersecurity Update, we examine new privacy laws in Germany, an FTC settlement with an alleged consumer loan company over unfair and deceptive practices, the dismissal of a data...more

CFPB Loses Borders Case: the Court Construes RESPA’s Statutory ABA Exemption according to its Plain Language

by Foley & Lardner LLP on

On July 12, 2017, a federal district court in Kentucky issued a summary judgment ruling for the defense in the ongoing Borders & Borders case brought by the Consumer Financial Protection Bureau (CFPB or Bureau). In this...more

Study highlights prevalence of counterfeit and fraudulent goods online

by Thompson Coburn LLP on

Beneath the partisan rhetoric over “fake news” lies an important reality: Fraudulent practices thrive online — not just in news, but also in offerings of goods and services. Fake online stories, like the PizzaGate story,...more

Judgments

by Dentons on

No duty to obtain best price reasonable in a forced sale – upheld by Court of Appeal - (1) Rosserlane Consultants Ltd (2) Swinbrook Developments Ltd v. Credit Suisse International [2017] EWCA Civ 91 - This was the...more

FCC Slams Serial Robocaller With $120 Million Proposed Fine for “Spoofing” Numbers

We all get them. Repeated marketing calls to our mobile and home phones with the incoming phone number altered to make it appear that it’s a local call, when in fact, the call is from a robo-scammer using IP technology to...more

11th Circuit Hears Oral Argument in LabMD Case

Recently, the United States Court of Appeals for the Eleventh Circuit, sitting in Miami, heard oral argument in the case of LabMD, Inc. v. Federal Trade Commission, No. 16-16270. ...more

The Right to Seclusion of Personal Facts vs. Public Opinion

Unhappy with the valuation determination by Zillow’s Zestimates, a builder and related parties have initiated a class action suit against Zillow Inc. and Zillow Group, for class action complaint for (a) violation of the...more

What NC Community Associations Need to Know about Fair Debt Collection

by Ward and Smith, P.A. on

Nearly all Community Associations ("Associations") must cope with owners who fail or refuse to pay their periodic assessments (also known as "Dues"). When this happens, the Association, typically acting through its property...more

The Price Is Not Right: Class Action Risks of Comparative Price Advertising

“Was that retail ‘bargain’ you received really a bargain?” That is the question being asked by a recent spate of lawsuits filed against prominent retailers. Most of these actions have been brought as private party class...more

CFPB Settlements: It’s Not Over Until It’s Over

by Foley & Lardner LLP on

On April 26, 2017, the Consumer Financial Protection Bureau (“CFPB”) broke new ground by imposing a fine – in excess of a million dollars – against a consumer financial services company for allegedly violating the terms of...more

Arbitration Clauses Extending to Non-Signatory Affiliates: Are They Enforceable?

A recent decision of the New Jersey Court of Appeals considered the enforceability of arbitration agreements by non-signatories. In Foti v. Toyota Motor Sales, U.S.A., Inc., the plaintiff filed a putative class action...more

CFPB doubles down on its attacks against online tribal lenders

by Ballard Spahr LLP on

In a new lawsuit filed in an Illinois federal district court, the CFPB alleges that four online tribal lenders engaged in unfair, deceptive, and abusive acts or practices in violation of the Consumer Financial Protection Act...more

CFPB weighs in on Eighth Circuit’s competent attorney standard, standing to bring FDCPA claim

by Ballard Spahr LLP on

The CFPB recently submitted an amicus brief to the Eighth Circuit, arguing that a debt collector cannot avoid liability under the FDCPA when it falsely represents the amount of a debt to a consumer’s attorney, rather than to...more

Blockchain Week in Review - April 2017 #1

by Perkins Coie on

Below is a summary of some of the significant legal and regulatory actions that occurred over the past week. This alert is not intended to be a comprehensive list of all such developments, but rather a selection of...more

Judge Finds Standing Based on Spokeo in TCPA Class Action

Last week, on March 22, 2017, U.S. District Judge Marcia G. Cooke, a Florida federal judge, determined that Ray Mohamed had standing in his proposed class action against Off Lease Only Inc. (Off Lease) for alleged violations...more

Key Updates Regarding the Massachusetts Consumer Protection Act – Chapter 93A

by Holland & Knight LLP on

Litigation involving claims of unfair or deceptive business practices under Chapter 93A of the Massachusetts General Laws is constantly evolving, and these claims remain a favorite for the plaintiffs' bar, particularly given...more

More Broken Privacy Promises from Upromise: Key Takeaways From Upromise’s Latest Settlement with the FTC

“Don’t make promises that you don’t intend to keep” is an admonishment received by every child and delivered by every parent. This pithy maxim is equally applicable to consent orders entered into with regulatory authorities....more

Influencer Marketing: The FTC's Evolving Policies on Paid Promotion Disclosure

by Knobbe Martens on

Rapid Growth of Influencer Marketing - With more consumers cutting the cord to their TVs and paying for premium subscriptions or ad blockers to avoid advertising, social media has become an important medium through which...more

Don’t Game Your Players with False Advertising

Advertising for new games can present some troublesome legal issues, if due care is not taken. A recently concluded matter in the UK highlights an example of the potential issues. Hello Games was investigated by the...more

 OTA & Travel Distribution Update - Jan. 13th, 2017

by Garvey Schubert Barer on

OTA & Travel Distribution Update - Jan. 13th, 2017 Chinese tourists spend more via online travel agencies: report Chinese tourists spent more money via online travel agencies (OTA) thanks to rapid growth of e-commerce and...more

Advertising Litigation Report: Vol. 2, No. 1

Lanham Act False Advertising - Lanham Act Liability for Native Advertising Violations - Casper Sleep, Inc. v. Mitcham, --- F. Supp. 3d ---, No. 16 Civ. 3224 (JSR), 2016 WL 4574388 (S.D.N.Y. Sept. 1, 2016)...more

Connecticut Trial Court Addresses Administrative Agency's Targeting of Law Firms Under the State Unfair Trade Practices Act

by Pullman & Comley, LLC on

In a December 5, 2016 decision, a Connecticut trial court (Huddleston, J.) addressed the limitations on the Connecticut Commissioner of Consumer Protection in enforcing a so-called "investigative demand" served under the...more

Deceptive Marketing — Is Coca-Cola taking a page book from the tobacco industry?

Coca-Cola has been called out in California for deceptively advertising is sugar-saturated sodas so it can sell more of them. A 39-page lawsuit filed in San Francisco makes 13 claims against the iconic beverage brand...more

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