Unfair or Deceptive Trade Practices Class Action

News & Analysis as of

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

Advertising Law - October 2015

Commercials Pulled After Endorser Admits 9/11 Lies - The revelation that an endorser lied about his whereabouts on September 11 led a national sports-themed restaurant chain to stop airing commercials where the actor...more

Advertising Law - September 2015 #3

State AGs Settle Negative Option Marketing Case for $1M: Negative option marketing cost one company $1 million in a recent deal with the Attorneys General of New York, Pennsylvania and Washington. According to the...more

Vermonters Sue Volkswagen Over Emissions Testing Deceit

Vermont Volkswagen car owners headed by Charlotte resident Robert Turnau have sued Volkswagen companies in Germany and the United States over damages they suffered as a result of the company’s falsification of emissions...more

Eleventh Circuit Refuse En Banc Rehearing Of Its Decision Applying Shady Grove

This week, the Eleventh Circuit denied a motion for an en banc rehearing of its July decision to reverse the dismissal of a class action brought in the Northern District of Alabama. The decision in July was premised on the...more

Eleventh Circuit Denies Petition For Rehearing In Lisk v. Lumber One

The Eleventh Circuit Court of Appeals denied a petition for rehearing en banc in the Lisk v. Lumber One Wood Preserving, LLC matter, where last month it held that the Alabama Deceptive Trade Practices Act’s restriction on...more

Hut, Hut, Phlmph — Florida Judge Denies Dismissal of Tax on Delivery Charges Lawsuit

In the latest development in the Florida litigation regarding the taxation of delivery charges, Judge Jack Tuter of the 17th Judicial Circuit Court of Florida determined that the complaint against Pizza Hut was sufficient to...more

BuckleySandler Secures Major Victory on Behalf of Mortgage Servicer in Putative Class Action Suit

On August 25, BuckleySandler secured a substantial victory in a putative class action in the Northern District of Illinois. McGann v. PNC, No. 11-c-6894 (N.D. Ill. Aug. 25, 2015). The suit alleged that a major mortgage...more

Eighth Circuit Denies Consumers’ Appeal to Intervene in FTC Suit

On August 25, a three judge panel of the U.S. Court of Appeals for the Eighth Circuit affirmed a lower court’s decision to deny consumers’ motion to intervene in the FTC’s suit against BF Labs, Inc. d/b/a/ Butterfly Labs...more

BC Supreme Court Dismisses Applications for Certification of Consumer Protection Claims in Five Class Actions Against...

On August 18, 2015, Madame Justice Adair of the B.C. Supreme Court refused to certify as class proceedings five separate actions against each of Air Canada, Deutsche Lufthansa Aktiengesellschaft, Delta Air Lines, Inc., United...more

California District Court Finds CAFA’s Amount-in-Controversy Requirement Satisfied and No Local Controversy Alleged; Denies Motion...

The Southern District of California denied a plaintiff’s motion to remand a putative class action removed pursuant to the Class Action Fairness Act (CAFA), where the plaintiff had alleged that the primary defendant’s product,...more

Take-Off Denied for Airline Fuel Surcharge Class Action

Last week, the British Columbia Supreme Court dismissed five class action certification applications in Unlu v. Air Canada (Unlu), which were brought against airlines regarding the manner in which fuel surcharges are...more

Advertising Law - August 2015 #3

Ad Group to FTC: Keep Right to Be Forgotten Out of U.S. - Responding to a petition filed by Consumer Watchdog with the Federal Trade Commission seeking an expansion of the “Right to Be Forgotten” to the United States,...more

Lender’s Allegedly “One-Sided” Gift Card Arbitration Clause Questioned

On August 6, 2015, a California federal judge requested further briefing on whether the arbitration clause in a lender’s Visa gift card user agreement may be unenforceable against a putative class action plaintiff – raising...more

Seventh Circuit Applies “Weak” Ascertainability Requirement, Splits From Third and Eleventh Circuits

A panel from the Seventh Circuit split from the Third and Eleventh Circuits and rejected what it described to be a “heightened” ascertainability requirement under Rule 23(b)(3). In Mullins v. Direct Digital, LLC, plaintiff...more

State Bans on Consumer Class Actions in Jeopardy

Numerous states have adopted statutory bans on “unfair” or “deceptive” trade practices. When state legislature enacted those statutes, most of them decided to let consumers sue directly for damages. However, many state...more

Food Litigation Newsletter - July 2015

THIS NEWSLETTER AIMS to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation. RECENT SIGNIFICANT RULINGS - District Court Dismisses and Stays False...more

Eleventh Circuit Holds Rule 23 Trumps State Law Precluding Private Class Actions

The Alabama Deceptive Trade Practices Act’s (ADTPA) restriction on private class actions does not apply in federal court. Federal Rule 23 controls. That’s what the Eleventh Circuit recently held, relying on Shady Grove...more

The Meaning of Falsity in Misrepresentation Cases

When a consumer sues a product manufacturer over an allegedly false advertisement, what must the consumer allege to state a claim that the advertisement is false?...more

Advertising Law - July 2015 #4

FTC And Florida AG Team up Against Medical Alert Systems - Together with the Florida Attorney General, the Federal Trade Commission filed suit against Lifewatch for allegedly using deceptive robocalls to urge older...more

Seventh Circuit Concludes Plaintiffs Have Standing to Sue in Data Breach Class Action

On July 20, 2015, the U.S. Court of Appeals for the Seventh Circuit held in Remijas v. Neiman Marcus Group that injuries associated with resolving fraudulent charges and protecting oneself against future identity theft after...more

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

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

Advertising Law - July 2015 #2

EPIC Drives Uber Complaint to FTC - Uber’s recent legal woes continue. The Electronic Privacy Information Center (EPIC) challenged the ride-sharing company’s new privacy policy and requested that the Federal Trade...more

Class Certification of California Price Advertisement Case Gives Cause for Concern

A recent class certification decision in California involving challenges to a retailer’s price comparison advertisements should prompt retailers to carefully evaluate their sale advertising practices. Whether comparing to...more

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

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

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