Consumer Protection Civil Procedure MLM / Direct Sales

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Walker v. Amerireach.com

Is a claim under a state's business practices act barred by a default of a previous contract claim?

The Georgia Court of Appeals held that a claim under the Business Practices Act was a claim independent of a contract claim, and was not subject to the contract's forum selection clause or barred res judicata. Walker had...more

Wilder Chiropractic v. Pizza Hut of Southern Wisconsin, Inc.

Motion to Dismiss for Lack of Subject Matter Jurisdiction as a result of Offer of Judgment

Brief detailing the origin of many class actions brought under the Telephone Consumer Protection Act, and in support of motion to dismiss case for lack of subject matter jurisdiction based on tender of Offer of Judgment to...more

Kavky v. Herbalife

Does the state anti-fraud statute apply to the sale of business opportunities?

The Appellate Court held that state anti-fraud statutes do apply to the sale of businesses and business opportunities as long as the elements are met. Kavky responded to an advertisement from Herbalife soliciting distributors...more

Watkins v. Alvey

Is the promoter of an airplane investment scheme a supplier under the Indiana Deceptive Consumer Act?

The Court of Appeals held that the promoter of an Airplane investment scheme could be found liable as a supplier under the Indiana Deceptive Consumer Act. The Indiana Legislature clearly intended to provide a cause of action...more

New Jersey v. Koscot Interplanetary

Do the promotion of Koscot distributorships violate New Jersey state statutes on Consumer Fraud and Antitrust?

The New Jersey Superior Court found that the activities of Koscot did violate New Jersey Statute. The promotional meetings of Koscot misrepresented the amount of money that distributors were currently making. Specifically,...more

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