Tag Archives: consumer class action

Sixth Circuit Requires Actual Economic Injury for Price Comparison Class Actions

Earlier this week, the Sixth Circuit flatly rejected a bid by a consumer to recover damages allegedly caused by Wish.com’s advertised price comparisons (opinion available here). The online marketplace uses struck-through manufacturers’ suggested retail prices next to products’ purchase prices, which plaintiff Gerboc alleged are misleading and caused him injury when he purchased a pair … Continue Reading

Breaking Down the Target Payment Card Breach Settlement – It’s Not as Groundbreaking as You’ve Been Led to Believe

Editor’s Note: The following blog post was originally published by ClassActionBlawg.com. It is republished with permission. HarrisMartin’s Data Breach Litigation Conference: The Coming of Age is scheduled for next Wednesday, March 25, 2015, at the Westin San Diego.  I’ll be speaking on a panel titled Creative Approaches to Settling Data Breach Cases with Ben Barnow of Barnow and Associates, … Continue Reading

Sixth Circuit Affirms Certification and Summary Judgment for TCPA Class, Despite State Law Class Action Prohibition

On July 9, 2014, the Sixth Circuit affirmed a district court ruling that a consumer TCPA class action could proceed against Lake City Industrial Products, rejecting Lake City’s argument that Michigan law prohibited TCPA class actions.  American Copper & Brass, Inc. v. Lake City Industrial Products, Inc., Case No. 13-2605, (6th Cir. 2014).  In addition, … Continue Reading

Loreto v. The Procter & Gamble Company: Southern District of Ohio Grants Motion to Strike Class Allegations in Consumer False Advertising Case

In a significant decision, the Southern District of Ohio granted, in full, the defendant’s motion to strike class allegations in a consumer false advertising class action before any significant discovery had taken place or the plaintiffs filed a motion for class certification.  Loreto v. The Procter & Gamble Company, No. 1:09-cv-815, 2013 U.S. Dist. LEXIS … Continue Reading

Uncertainty Persists Regarding Insurance Companies’ Exemption from Liability Under California’s Unfair Competition Law

The issue of whether insurance companies enjoy any special exemption from California’s Unfair Competition Law (UCL) liability has been a hotly litigated topic since the California Supreme Court’s 1988 decision in Moradi-Shalal v. Fireman’s Fund Ins. Cos. 46 Cal.3d 287 (1988), and has been currently pending before the same court since it accepted review of … Continue Reading

Supreme Court Allows Arbitration Despite Non-Disclosure of a Customer’s Right to Sue

The Supreme Court’s recent decision in CompuCredit Corp. v. Greenwood, 565 U.S. __, 132 S.Ct. 665, 181 L.Ed.2d 586 (2012), found that despite an act requiring a disclosure of a consumer’s “right to sue,” claims under the act would still be arbitrable absent clear congressional intent to the contrary. Plaintiffs held credit cards marketed and … Continue Reading

Eighth Circuit Denies Certification of UCL Claim

The Eighth Circuit’s 2010 decision in Avritt v. Reliastar Life Insurance Co., 615 F.3d 1023 (8th Cir. 2010) denied class certification for, among other claims, a California Unfair Competition Law claim where class members could not prove through uniform evidence that the defendants engaged in misconduct.  Two subsequent California federal cases have, however, not been … Continue Reading

Seventh Circuit Rebukes Class Counsel

In a recent decision, the Seventh Circuit held that bad behavior by class counsel can lead to denial of class certification, even where that behavior doesn’t rise to the level of “the most egregious misconduct.” In Creative Montessori Learning Centers v. Ashford Gear LLC, 662 F.3d 913 (7th Cir. 2011), Plaintiffs brought a purported class … Continue Reading
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