News & Analysis as of

Pricing Class Action

Goodwin

Five Steps Hotel Owners, Operators, and Management Companies Can Take to Mitigate Risk in the Face of Heightened Antitrust...

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Revenue-management tools are ubiquitous across sectors, but many hotel owners, operators, and management companies use such tools on a daily basis. As these products have improved, many have incorporated algorithms enabling...more

Kerr Russell

Price Collusion in the Crosshairs

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There has been a spate of legislation and lawsuits targeting the use of software that gives visibility to competitors’ prices. This allows firms to adjust their prices, either undercutting the competition or setting a de...more

Troutman Pepper

Algorithmic Prices and Industry Data Reporting Under the Antitrust Microscope

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Federal and state antitrust enforcers, as well as private plaintiffs, are actively investigating and challenging both the companies using pricing algorithms, and the software vendors or the data analytics firms providing the...more

Holland & Knight LLP

DOJ "Triples Down" on View that Use of Pricing Algorithms Can Support Price-Fixing Claims

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The Antitrust Division of the U.S. Department of Justice (DOJ) on March 28, 2024, weighed in for the third time in recent months in support of plaintiffs in class action lawsuits challenging the defendants' use of software to...more

Benesch

Pricing Litigation: Ten Years In

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Over the last ten years, nearly 300 class actions have been filed against retailers across the country, alleging that they deceived customers by advertising illusory sales or unsubstantiated reference prices. Our team is...more

Patterson Belknap Webb & Tyler LLP

Supply Demanded: Ninth Circuit Confirms Classwide Damages Models Must Account for Supply-Side Factors

In a decision issued earlier this year, Mier v. CVS Health, 2023 U.S. App. LEXIS 19472 (9th Cir. 2023), the Ninth Circuit held (per our research, for the first time) that class-wide damages models must be based on conjoint...more

Cornerstone Research

What Is Partitioned Pricing, the Subject of Recent Regulatory and Litigation Scrutiny?

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In recent months, various groups—including the Federal Trade Commission (FTC) and other high-level government regulators—have raised questions about the appropriateness of “add on” charges paid by consumers who are buying...more

Barnea Jaffa Lande & Co.

Price Display in Credit Transactions: What are the Obligations?

The Haifa District Court recently handed down a ruling in a motion to certify a class action filed against Ofir Tours Ltd. by its customer. The plaintiff bought an Eilat hotel vacation through Ofir Tours, paying in credit...more

BakerHostetler

AD-ttorneys@law - June 2022 #2

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No More Social Fix for Cali Kids? New state bill targets social media addiction - Vertigo 2.0 - There’s a tidal wave of anger against social media. And every time it seems to crest, another swell comes up from...more

McGuireWoods LLP

Despite Past Failures, Meal Deal Plaintiffs Continue to File

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Despite their predecessors largely missing the mark, a new batch of plaintiffs has taken aim at quick-service restaurants’ meal pricing. In the suits, plaintiffs allege that the defendant restaurants deceived them by charging...more

Manatt, Phelps & Phillips, LLP

California Court Tosses Deceptive Pricing Action

In the latest deceptive pricing class action, a California federal court dismissed a challenge to LensCrafters’ marketing for prescription lenses. Sandra Seegert visited one of LensCrafters’ 130 California stores in April...more

BakerHostetler

AD-ttorneys@law

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In This Issue: - Vermont Takes Aim at Data Brokers - Roca Labs Pushes Back Against FTC’s Gag Gag - Settlement in Movie-Candy Class Conflict - Outlet Deal or No Deal? - OXO gets NAD to give DKB an H2O TKO...more

Holland & Knight LLP

Eleventh Circuit Affirms ADA Preemption of Class Action Claims That Restrict Air Ambulance Operator's Prices

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• Airline Deregulation Act (ADA) preempts class action claims seeking to enforce Florida statute that limits an air ambulance operator's prices by prohibiting balance billing of unpaid invoices. • McCarran-Ferguson Act...more

Manatt, Phelps & Phillips, LLP

Deceptive Pricing Suit Costs Neiman Marcus $2.9M

After the U.S. Court of Appeals for the Ninth Circuit breathed new life into a deceptive pricing class action, Neiman Marcus agreed to pay almost $3 million to settle the case....more

WilmerHale

Life and Annuity Series: Annuity Cases—Good 9th Circuit Decision

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The August 2015 decision from the 9th Circuit, titled Eller v. Equitrust Life Ins. Co, provides helpful precedent for the defense of annuity sales practice cases. Plaintiff Eller brought a RICO class action alleging,...more

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