Tag Archives: consumer class action

Ninth Circuit Vacates Final Approval of National Settlement Class Action Certification

By Melonia A. Bennett on March 5, 2018 Posted in Consumer Class Action

Last month, the Ninth Circuit vacated the certification of a nationwide class for settlement in the In re Hyundai & Kia Fuel Economy Litigation, No. 15-56014, 881 F.3d 679 (9th Cir. Jan. 23, 2018). The Ninth Circuit concluded that the district court abused its discretion because it failed to “conduct a rigorous analysis to determine … Continue Reading

Sixth Circuit Requires Actual Economic Injury for Price Comparison Class Actions

By Jacqueline Matthews on August 21, 2017 Posted in Advertising Class Action, Consumer Class Action

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

Concrete and Particularized Part III: Initial Circuit Court Reactions to Spokeo

By Elliot Morrison on July 19, 2016 Posted in Consumer Class Action

In the two months since the U.S. Supreme Court issued its much-awaited decision in Robins v. Spokeo, 136 S. Ct. 1540 (2016), a handful of federal circuits have applied the decision to pending disputes over Article III standing. Consistent with the scope of the Court’s holding, described in Parts I and II of our coverage … Continue Reading

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

By Paul Karlsgodt on March 23, 2015 Posted in Consumer Class Action, Data Breach

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

By Judy Selby on July 14, 2014 Posted in Class Actions Privacy, Class Certification, Consumer Class Action, State Class Action Law, TCPA

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

By Nicole Skolout on December 5, 2013 Posted in Advertising Class Action, Class Certification, Consumer Class Action, Rule 23 Requirements

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

By Tina Amin on March 28, 2012 Posted in Consumer Fraud

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

By Patrick T. Lewis on February 2, 2012 Posted in Arbitration

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

By Brett Wall on January 2, 2012 Posted in Consumer Fraud, Standing

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

By Brett Wall on January 2, 2012 Posted in Class Action Trends

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