Consumer Protection

Plaintiff could not state a TCPA claim against defendant HMO after it auto-dialed her seeking feedback on one of its in-network doctors, because she gave her consent to be contacted for a variety of purposes including quality improvement. Read More

A real and immediate threat of injury from identity theft is sufficient to sustain a plaintiff’s Article III standing. Read More

Lenders and loan servicers who act to collect on conventional real-estate-secured loans are "debt collectors" for purposes of California's Rosenthal Fair Debt Collection Practices Act. Read More

The FTC Act’s common-carrier exemption is activity-based, meaning that a common carrier is not entirely exempt from FTC jurisdiction, but rather, is only exempt with respect to its common-carrier activities. Read More

Handing a plaintiff a credit card receipt bearing the credit card’s expiration date does not create a concrete injury sufficient to confer Article III standing to sue under the Fair and Accurate Credit Transactions Act (“FACTA”) Read More

The Consumer Legal Remedies Act forbids nondisclosure of material facts in the same four situations in which a duty to disclose arises under ordinary tort law: (1) fiduciary relationship, (2) material facts in the defendant's sole knowledge, (3) active concealment, and (4) disclosure needed to make affirmative statement not misleading. Read More

Criminal defendant’s constitutional due process rights are not violated by federal statute prohibiting him from subpoenaing third party internet service provider (here, Facebook) for disclosure of non-public postings by one of its subscribers (such as, here, the defendant’s victim). Read More

California’s law banning foie gras and other products made from force-fed birds is not preempted by the federal Poultry Products Inspection Act, since that act only prohibits states from imposing ingredient requirements, as opposed to restrictions on animal husbandry practices.    Read More

Prospective employer violated the Fair Credit Reporting Act by including a release of claims in the same document as the statutorily required notice that it might obtain a credit report on the applicant for employment purposes.  Read More

General legislation covers Indian tribes unless they are expressly excluded, so the Dodd-Frank Act is interpreted to regulate for-profit consumer lending enterprises of Indian tribes.  Read More

If a plaintiff seeks only injunctive relief and prevails, he can recover attorney fees under the Consumer Legal Remedies Act despite not having given the notice and opportunity for cure which the Act requires before the plaintiff may recover damages.  Read More

A car dealer adequately “provided” an inspection certificate for a “certified” used vehicle by placing it in the glove compartment before the sale so that it could be reviewed by prospective buyers.  Read More