News & Analysis as of

Consumer Fraud

Ninth Circuit Gives Leg Up To Shoe Purchasers’ Data Breach Suit

by Carlton Fields on

On March 8, a Ninth Circuit panel held that fear of identity theft in the wake of a data breach satisfies the standing requirements of Article III of the United States Constitution....more

The State AG Report Weekly Update

by Cozen O'Connor on

Consumer Protection- Arizona Attorney General Announces Settlement with Auto Manufacturer Over Alleged Ignition Switch Defects- Arizona AG Mark Brnovich reached a settlement with auto manufacturer General Motors LLC...more

Appellate Court Finds Risk of Identity Theft Sufficient to Establish Standing, Circuit Split Worsens

by Fenwick & West LLP on

The U.S. Court of Appeals for the Ninth Circuit has found that allegations of a future risk of identity theft resulting from a data breach are sufficient to establish standing....more

Privacy Perils: National Consumer Protection Week Fraud Reminders

by Bass, Berry & Sims PLC on

The Federal Trade Commission (FTC) has designated this week as National Consumer Protection Week, and has issued a report on the top frauds reported during 2017. Highlights from the report are as follows... ...more

National Consumer Protection Week: Consumers Join Forces With Agencies

by Bryan Cave on

This week is National Consumer Protection Week. How does it impact your company? It’s an opportunity for you to understand today’s consumer protection environment and to hear what is concerning your customers and regulators...more

Seventh Circuit finds potential for premium rate increases was not adequately disclosed in long-term care insurance policy

by Dentons on

On February 6, 2018, the Seventh Circuit Court of Appeals departed from a number of recent decisions holding that long-term care insurance (LTCI) policyholders cannot challenge rate increases when the insurer has disclosed in...more

Third Circuit Ascertainability Requirement Puts The Squeeze On Orange Juice Purchasers

by Carlton Fields on

A New Jersey district court denied certification to a putative class of Tropicana orange juice purchasers from “Members Only” or “Loyalty Card” stores in California, New York, New Jersey, and Wisconsin. Plaintiffs alleged...more

With Some Progress in 2017, Where Does TCCWNA Head in 2018?

by Holland & Knight LLP on

• State and federal courts in New Jersey continue to review carefully how far the Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA) should be extrapolated in order to sustain claims with no adverse impact or...more

Bankruptcy court holds that state consumer fraud claims against corporations are dischargeable in bankruptcy

Section 1141(d)(6)(A) and section 523(a)(2) of the Bankruptcy Code together provide that debts owed by a corporation to a government entity are not dischargeable if such debts were obtained by false representations. Does this...more

Off-Label Marketing MDL Winds Down With Some Summary Judgment

by Reed Smith on

We have written extensively on the travesty of the Neurontin trilogy and noted how the plaintiffs’ efforts to fit cases based on alleged off-label promotion of the prescription SSRIs Celexa and Lexapro into the same rubric...more

Class Certification Denied for Alleged New Jersey Consumer Fraud Act Violations

by Weiner Brodsky Kider PC on

The U.S. District Court for the District of New Jersey recently denied a motion for class certification alleging numerous common law and state consumer protection law claims, including New Jersey Consumer Fraud Act (NJCFA)...more

Attacking Nationwide Class Actions Based On Personal Jurisdiction

by Foley & Lardner LLP on

Earlier this month, Judge Leinenweber of the Northern District of Illinois rejected a named plaintiff’s attempt to bring a nationwide class action, basing his decision on the Supreme Court’s decision last June in...more

Food & Beverage Litigation Update | January 2018 #3

House Panel Questions FDA Officials on Food-Recall Audit - One day after the U.S. Food and Drug Administration (FDA) issued draft guidance on proposals to expedite product warnings and recalls, FDA and other health...more

Class Gets the Squeeze: Class Certification Denied in In Re: Tropicana Orange Juice Marketing and Sales Practices Litigation,...

by Blank Rome LLP on

Consumer class action litigation—often accusing the defendant company of deceiving its customers—strikes at the heart of a company’s reputation, goodwill, and brand—all of which are often built over the course of many years...more

Judge Dismisses Nationwide Class Claims for Lack of Jurisdiction Following Bristol-Myers

• A judge in the Northern District of Illinois held that the U.S. Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017) is applicable to personal jurisdiction...more

Nixing Nationwide Class Action Claims: Federal Court Ruling Provides Blueprint For Businesses

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a nationwide consumer fraud class action involving false labeling claims under various state laws, a federal district court in Illinois granted the company’s motion to dismiss claims relative to a...more

3rd Circuit Holds Delaware Tolling Statute Does Not Apply to Out-of-State Resident Subject to Service of Process

by Weiner Brodsky Kider PC on

The U.S. Court of Appeals for the Third Circuit recently held that under Delaware law, a debtor’s out-of-state residency alone did not toll the Delaware statute of limitations. The Third Circuit overturned the U.S. District...more

Can the ingredient list defense work? Look for ambiguity, invoke common sense

by Thompson Coburn LLP on

When faced with consumer litigation, food and beverage companies routinely point to the ingredient list in defense of front-of-package false advertising claims. The defense is essentially this: A false advertising claim based...more

Standing Still: Fan Gets Second Chance to Bring Precarious NY/NJ Super Bowl Ticket Case

by Foley & Lardner LLP on

Recently, the Third Circuit U.S. Court of Appeals turned the switch on a fan’s seemingly dormant class action suit against the National Football League concerning its 2014 Super Bowl Ticket Distribution Policy, which limited...more

District of New Jersey Allows Consumer Fraud Act Claim to Proceed for New Jersey Resident, Dismisses Claim for Non-Resident

by Blank Rome LLP on

In deciding a motion to dismiss under Rule 12(b)(6) in a putative class action, the United States District Court for the District of New Jersey recently addressed, among other things, what is quickly becoming a hot button...more

Third Circuit Splits with the Seventh Over Standing To Sue For Alleged Inefficient Design of Eye Drop Dispenser

In a surprising decision and split with the Seventh Circuit, the Third Circuit recently held that plaintiffs have standing to sue for unfair trade practices under the theory that a manufacturer is obligated to optimize the...more

LA City Attorney Jumps Into Uber Fray

A complaint filed Monday by Los Angeles City Attorney Mike Feuer accuses Uber Technologies Inc. of violating California law by concealing “for an entire year” a data breach that exposed the names and license numbers of...more

Payment or Pillory: More Fallout from Uber’s Data Breach

With new developments regarding Uber Technologies Inc.’s 2016 data breach coming out almost daily, lawsuits against the company continue to pile-up. We previously reported that within days of Uber disclosing the data theft...more

EZ-Pass Paid and Certified: Nationwide Class Certification Granted under New Jersey’s Consumer Fraud Act

by Blank Rome LLP on

A nationwide class of 17.9 million members was certified by a judge in the District of New Jersey last week in Mendez v. Avis Budget Group, Inc. and Highway Toll Administration LLC. The Court also granted Florida and New...more

Florida Federal Court Affirms FTC’s Available Remedies

Disgorgement and refunds are remedies available to the Federal Trade Commission, a Florida federal court ruled in a case involving a purported time-share scam....more

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