News & Analysis as of

Consumer Fraud Unfair or Deceptive Trade Practices

Spectrum Facing Consumer Fraud Lawsuit Over Wireless Internet Speed Claim Practices

by Klein Moynihan Turco LLP on

The Office of the Attorney General for the State of New York (“NYAG”) has filed a consumer fraud complaint against Charter Communications, Inc. and Spectrum Management Holding Company, LLC (“Spectrum”) for deceptive practices...more

Supreme Court of Illinois Says Courts Can Decide ARES Rate Disputes

by Foley & Lardner LLP on

Courts – not the ICC – have jurisdiction over rate cases involving an ARES, said the Supreme Court of Illinois.[1] In a unanimous opinion written by Chief Justice Karmeier, the Court in December answered the Seventh Circuit’s...more

"The Class Action Chronicle - Winter 2016"

This is the 14th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

California Plaintiffs Say that Size Matters: Consumer Fraud Class Action Challenges Slack-Fill in Protein Products

According to named plaintiffs in a consumer fraud action filed in December in the Southern District of California, size matters when making it comes to making a purchase. In fact, Plaintiffs claim that the average consumer’s...more

FTC Finalizes Rule Banning Telemarketer Use of Remotely Created Payments

by Ballard Spahr LLP on

The Federal Trade Commission (FTC) has finalized changes to its telemarketing sales rule (TSR) that will prohibit sellers and telemarketers from creating or accepting remotely created payment orders or checks, cash-to-cash...more

Insurance Recovery Law - October 2015

Unfair Trade Practices Exclusion Doesn't Cover Consumer Protection Suits - Why it matters: An unfair trade practices clause did not bar coverage for a policyholder's subsidiary, an Illinois federal court ruled, ordering...more

11th Circuit: Rule 23 Trumps State Law Limitation on Class Actions

by Ballard Spahr LLP on

Dealing a blow to defendants facing consumer fraud litigation in the 11th Circuit, the court of appeals for that circuit has reinstated a class action under the Alabama Deceptive Trade Practice Act (ADTPA), despite that the...more

A Tale of Two Annuities: Exchange of Variable for Fixed Annuity Integral in SLUSA Dismissal

by Carlton Fields on

After attending an annuity seminar, Robert and Diane Ruud exchanged their variable annuity for a fixed annuity sold by PHL Variable. According to the Ruuds, seminar provider John Friendshuh represented the fixed annuity as...more

Consumer Class Actions Against Liquor Producers Follow Familiar Path

by Locke Lord LLP on

Plaintiffs’ class action attorneys tend to follow trends. They are a savvy breed of attorney, at once creative and lazy (or efficient, depending on one’s perspective). One attorney discovers a statute, claim, or industry, and...more

Echoes from the Gunn? Aggravated States and Demand Letters

by Bracewell LLP on

A gunshot that cracks the silence of an old west desert canyon creates an echo coming from all directions. A Supreme Court decision can make similar reverberations throughout the legal world. Last year, just such a sound...more

Individualized Causation and Reliance Defenses Render Class Representative Inadequate in the Northern District of Illinois

by BakerHostetler on

Class action defense practitioners routinely face uphill battles on the issue of individualized defenses for class members. However, these arguments should not be overlooked as tools to defeat class certification. Lipton v....more

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