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Consumer Fraud Misrepresentation

Butler Snow LLP

Understanding the Louisiana Unfair Trade Practices Act (“LUTPA”)

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The Louisiana Unfair Trade Practices Act (“LUTPA”), La. R.S. 51:1401 et seq., is the state’s primary consumer-protection statute and a frequent source of litigation in business disputes....more

Cozen O'Connor

D.C., Maryland & Virginia AGs Not Playing with Fraudulent Youth Club Charities

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D.C. AG Brian Schwalb, Maryland AG Anthony Brown, and former Virginia AG Jason Miyares settled with two fraudulent youth club nonprofits and their founder to resolve allegations that they misrepresented the nature of what...more

Kilpatrick

Eighth Circuit issues pro-defendant class certification ruling in consumer fraud MDL

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Takeway:  Fraud claims are not typically suitable for class treatment, because the essential element of reliance is usually a fact-intensive, individualized issue.  When it comes to consumer fraud statutes, however, consumer...more

Saiber LLC

Residential Property Listing Agents: Why a Walkthrough Isn’t Optional - It’s Your First Line of Defense Under the New Jersey...

Saiber LLC on

When you take on a new residential listing in New Jersey as a real estate agent or broker, you’re not just looking to sell the property to the highest bidder, you are now a part of a statutory and regulatory system designed...more

Troutman Pepper Locke

California Federal Court Halts Allegedly Deceptive Debt Collection Practices by Blackrock Services, Inc. and Affiliates

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On February 27, the Federal Trade Commission (FTC) successfully obtained a temporary restraining order against Blackrock Services, Inc. and its associated entities and individuals. The court order aims to halt the defendants’...more

Shook, Hardy & Bacon L.L.P.

Authenticity Case Brought Against Florida Gallery

The question of how much diligence buyers must demonstrate may be considered in a new authenticity case brought recently in the Miami-Dade County Circuit Court against a Miami gallery for selling $6 million in fake Andy...more

Perkins Coie

Notable Ruling Roundup - May 2024 #2

Perkins Coie on

Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space....more

Awatif Mohammad Shoqi Advocates & Legal...

A Comprehensive Overview of the 2023 Commercial Fraud Law

UAE introduces Federal Decree-Law No. 42/2023 to Combat Commercial Fraud, repealing Federal Law No. 19/2016, and emphasizing a comprehensive legal framework. The new law aims to protect consumers, preserve goods' integrity,...more

Wiley Rein LLP

The FTC Is Targeting Crypto Too - With a Significant New Enforcement Action

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Last week the Federal Trade Commission (FTC) joined the Securities Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) in bringing charges and announcing settlements with the now-bankrupt cryptocurrency...more

Orrick, Herrington & Sutcliffe LLP

New Jersey takes action against realty company for misleading consumers about homeowner benefit program

On June 6, the New Jersey attorney general and the New Jersey Division of Consumer Affairs filed an action against a realty company and its principals (collectively, “defendants”) for allegedly violating the state’s Consumer...more

Foley & Lardner LLP

Greenwashing Lawsuits Against Major Oil and Gas Companies Are Getting the Green Light to Move Forward in Litigation

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“Greenwashing” is the term for a company’s exaggerated, misleading, or unsupported claims about its environmental practices. In the oil and gas industry, allegations of greenwashing typically arise when a company known for...more

Cozen O'Connor

Minnesota AG Ellison Sues Solar Panel Company for Deceptive Sales Tactics

Cozen O'Connor on

Minnesota AG Keith Ellison has filed a lawsuit against four Utah-based solar panel sales companies, Brio Energy LLC, Bello Solar Energy, Avolta Power, Inc., and Sunny Solar Utah LLC, along with their executives and several...more

Zelle  LLP

Why Climate Plaintiffs Are Filing Securities, Consumer Suits

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A growing trend has emerged in the ongoing effort to hold greenhouse gas emitters accountable for their contributions to global climate change. The first wave of climate change lawsuits in the U.S. against carbon majors —...more

Faegre Drinker Biddle & Reath LLP

Tenth Circuit Affirms Dismissal of Pet Food False Ad Proposed Class Action

The Tenth Circuit recently affirmed dismissal of a proposed class action against a dog food manufacturer, finding that the putative class claims were nonactionable puffery and overly subjective....more

Faegre Drinker Biddle & Reath LLP

Eastern District of Virginia Denies Motion to Certify Class, Sheds Light on Rule 23(b)(3) Predominance and Superiority...

The U.S. District Court for the Eastern District of Virginia analyzed Federal Rule of Civil Procedure 23(b)(3)’s predominance and superiority requirements for class actions in a recent decision denying a motion to certify a...more

Bilzin Sumberg

Courts Continue to Let the Air Out of Slack-Fill Litigation: Another Class Action Dismissed

Bilzin Sumberg on

Over the past several years, federal courts have rarely allowed slack-fill class actions to survive beyond the motion to dismiss phase. Whether the plaintiffs allege that the packaging is misleading or that the slack-fill is...more

Faegre Drinker Biddle & Reath LLP

Challenging Price Premium Allegations Can Pay Off for Defendants

Motions to dismiss in consumer fraud cases often focus on the element of deception—whether a reasonable consumer would be deceived by the statement or practice at issue. But there is another element of statutory consumer...more

Ballard Spahr LLP

New Jersey Attorney General sues merchant cash advance providers

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The New Jersey Attorney General recently filed a lawsuit in New Jersey state court against Yellowstone Capital LLC, its parent Fundry.US LLC, and various Yellowstone subsidiaries and affiliates alleging that the defendants...more

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Products Liability Insights: Issue 2, 2020

Welcome to 2020's second edition of Product Lines, our e-newsletter that focuses on toxic torts and product liability issues. For this edition, we are reporting on several important and timely legal issues. As you will...more

McCarter & English, LLP

Sun Chemical v. Fike: NJ Product Liability Act Claims Can Be Paired With NJ Consumer Fraud Act Claims

The New Jersey Supreme Court recently ruled that claims under the New Jersey Consumer Fraud Act (“NJCFA”) relating to the sale of a product are not per se subsumed by the New Jersey Product Liability Act (“NJPLA”). The...more

Faegre Drinker Biddle & Reath LLP

Certain Express Misrepresentation Consumer Fraud Act Claims and Product Liability Claims May Coexist According to NJ Supreme Court

In the case on certification from the Third Circuit, the New Jersey Supreme Court ruled that claims for express or affirmative misrepresentations under New Jersey’s Consumer Fraud Act (NJCFA) may be brought simultaneously...more

Faegre Drinker Biddle & Reath LLP

Vermont Federal Court Orders Ben & Jerry’s “Happy Cows” Lawsuit Out to Pasture

A Vermont federal court dismissed a lawsuit alleging consumer fraud, breach of warranty, and unjust enrichment against Ben & Jerry’s because representations about its dairy from “happy cows” did not run afoul of the law. But...more

King & Spalding

Northern District of California Dismisses Consumer Fraud Class Action Based on Failure to Allege Affirmative Misrepresentations,...

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On October 11, the Northern District of California dismissed a sprawling 14-state, 46-count putative class action in which the plaintiffs alleged that Apple computers were defective. ...more

Carlton Fields

Belch! Ocean Spray Price Premium Damages Model Passes Comcast Scrutiny

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The Southern District of California certified a food labeling class against Ocean Spray Cranberries, Inc. based in part upon a price premium damages model developed by an aptly named Dr. Belch....more

Carlton Fields

Which Comes First Standing Or Class Certification? Northern District Of Illinois Weighs In

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The Northern District of Illinois recently waded into the conflict between standing and class certification when it held that a putative class representative must demonstrate standing to assert each claim before the motion...more

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