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> On June 29, 2024, California Gov. Gavin Newsom signed Senate Bill (SB) 1524 into law, creating some exemptions to the 'junk fee' law incorporated into the California Consumer Legal [...]

> Introduction: The California Department of Justice's May 8, 2024 FAQ On May 8, 2024, the California Department of Justice (DOJ), issued a much-anticipated FAQ (the FAQ) on a new [...]

SUMMARY The Supreme Court has held that when parties have agreed to two contracts-one delegating arbitrability disputes to the arbitrator, and the other either explicitly or implicitly reserving arbitrability disputes [...]

This week, the California AG's office released a set of FAQs on California's law addressing hidden fees. As a reminder, the law states that the following practices will be unlawful [...]

What You Need To Know Effective July 1, 2024, California's Consumer Legal Remedies Act (CLRA) will include another prohibited practice designed to prevent 'drip pricing,' which is the practice of [...]

Competition in the world of online sales is intense, but companies that used inflated original prices to lure customers face consequences. JC Penny, for example, has been hit with a [...]

We've all seen movie trailers that gets us excited to see the movie. And if you're like me, you've seen a movie or two that doesn't meet expectations because it [...]

The State of California has multiple statutes that protect consumers from misleading and false advertising. Some of these laws include the Unfair Competition Law ('UCL'), the False Advertising Law ('FAL'), [...]

Is there a legal, cognizable claim for a consumer who was misled by a movie trailer? Perhaps. In June 2022, two Plaintiffs filed a lawsuit against Universal concerning a movie [...]

In a somewhat surprising ruling, a judge in the Northern District of California last week dismissed with prejudice a false advertising case about certain MorningStar Farms products such as VEGGIE [...]

Running a promotional sweepstakes is an innovative and creative way to attract and retain new customers. However, promoters and administrators must be sure to follow state and federal regulations when [...]

Effective January 1, 2022, California implemented several important changes to its consumer protection laws, ranging from data privacy to debt collection to updates to the Consumer Legal Remedies Act. This [...]

Several months into the widespread business closures and event cancellations resulting from the COVID 19 pandemic, we have seen businesses adopt a range of strategies to respond. Those strategies, in [...]

The Hon. Philip S. Gutierrez of the Central District of California recently dismissed a class-action complaint filed against Boulder Brands USA, Inc. (Defendant).1 Mark Cordes (Plaintiff) filed the action under [...]

A California federal court granted Trader Joe's motion to dismiss a false advertising lawsuit with regards to Trader Joe's alkaline water, finding that all but one of plaintiff's claims were [...]

Daniel v. Ford Motor Co., 806 F.3d 1217 (9th Cir. 2015). On December 2, 2015, the US Court of Appeals for the Ninth Circuit held that it is likely that [...]

In Durnford v. MusclePharm Corp., plaintiff Durnford asserted that the company's 'Arnold Schwarzenegger Series Iron Mass' supplements are falsely labeled because the protein content of the supplements is misstated. Durnford [...]

California federal Judge M. James Lorenz partially certified various classes and subclasses of consumers who had sued protein supplement Muscle Milk maker Cytosport, Inc., alleging that its product labels overstate [...]

Consumers claim critter repellants fail to drive off vermin as advertised Hallelujah 'This case is simple and the disputed issues of material fact are stark.' Music to a plaintiff's ears. [...]

The Ninth Circuit recently addressed once again the common practice in outlet stores and other retail establishments of juxtaposing the price at which a fashion item is offered for sale [...]

In September 2017, Plaintiffs filed a putative class action in the Eastern District of California against Electrolux, alleging defects in a self-cleaning oven made by Electrolux. Plaintiffs alleged that Electrolux [...]

On March 12, the Ninth Circuit affirmed the dismissal of a proposed class action against Starbucks. The lead plaintiff alleged that Starbucks' method of preparing its iced beverages deceives its [...]

On December 22, 2016, a federal District Court Judge in the Northern District of California denied certification of three proposed classes of statewide consumers who purchased or leased certain Ford [...]

District Court Judge Gonzalo Curiel recently considered and rejected-for the second time-a proposed class action settlement involving false advertising claims against a defendant jeans manufacturer. Hofmann v. Dutch, LLC, No. [...]

On April 22, 2016, in Alaei v. Kraft Heinz Food Co. ('Heinz'), No. 3:15-cv-02961, Southern District of California Judge Michael M. Anello granted defendant Heinz's motion to dismiss without prejudice [...]

According to named plaintiffs in a consumer fraud action filed in December in the Southern District of California, size matters when making it comes to making a purchase. In fact, [...]

A California federal court recently denied a motion to certify a class of Kohl's customers allegedly misled by false advertising, finding that plaintiff Wendy Chowning's claim was a copycat of [...]

Electronic cigarettes, or e-cigarettes, have gained widespread popularity in recent years as an alternative to traditional cigarettes. While the traditional variety use burning tobacco to create smoke that is inhaled, [...]

On February 2, 2016, the Central District of California denied class certification in a claim for false advertising related to the sale of electronic cigarettes. In re NJOY, Inc. Consumer [...]

Many companies doing business in California have had difficulty persuading California courts to enforce their arbitration agreements. Those courts often have used the doctrine of unconscionability to deny enforcement on [...]

On August 3, 2015, the California Supreme Court issued a long-awaited opinion that provides further clarity on the standard of unconscionability needed to invalidate an arbitration agreement. The court determined [...]

A recent decision from the Southern District of California demonstrates the potential narrowing effect of a failure to strictly comply with the notice requirement for claims for damages under California's [...]

Lincoln Bandlow was quoted in the Daily Journal article, 'Class Action Filed Against Chiquita for Allegedly Misleading Consumers.' Full text can be found in the April 21, 2015, issue, but [...]

Judge Phyllis J. Hamilton of the Northern District of California recently granted Kimberly-Clark's motion to dismiss a case challenging the truthfulness of the defendant's claims that its wipes are flushable. [...]

On December 8, 2014, U.S. District Court Judge Lucy Koh of the U.S. District Court for the Northern District of California granted defendant Dole's motion for summary judgment of the [...]

1. Class Action Lawsuits Have Been Filed Against Retailers That Operate Outlet Stores Based on Their Alleged Pricing Claims Plaintiffs' class attorneys have a new target in sight and it [...]

On April 15, 2014, in the case Caldera v. The J.M. Smucker Co., CV 12-4936-GHK, J.M. (C.D. Cal.), Smucker Company ('Defendant') defeated the plaintiff's motion for class certification in a [...]

The Ninth Circuit recently affirmed the United States District Court for the Central District of California's denial of class certification of a Plaintiff's California consumer law claims based primarily based [...]

Byline: Lawyers USA Staff Insurance is not a 'good' or 'service' under a state consumer protection statute, the California Court of Appeal has ruled. An insured purchased a life insurance [...]