Available here, the article explains the history of additional fees added by D.C. restaurants, the rationales given by supporters and defenders, and the status of enforcement and litigation efforts.
Category Archives: Consumer Litigation
Paulette Barclift sued Keystone Credit Services after Keystone shared certain personal information with a mailing vendor that it hired to mail her a collection notice. Barclift never authorized Keystone to share that information with third parties, and thus sued for violating the FDCPA’s provisions on unauthorized communications. The district court held that Barclift had not […]
Many companies have started to put automated chatbots on their website to answer customer service questions. Air Canada is one of them. Its chatbot told a customer that he could retroactively seek a bereavement discount for a flight he needed to purchase. When the customer submitted the paperwork he was told by the bot to […]
In recent years, home sellers around the country have filed lawsuits against regional multiple listing services and affiliated realtors, generally alleging that by requiring sellers to agree to a single, set offer of compensation to any broker who found a buyer for their home in order to have their listing included (the “Buyer-Broker Commission Rule”), […]
The Supreme Court ruled unanimously yesterday in favor of consumer interests in Department of Agriculture Rural Development Rural Housing Service v. Kirtz, a case argued by Public Citizen Litigation Group attorney Nandan Joshi. The case concerned the Fair Credit Reporting Act, which allows consumers to sue creditors for failing to correct inaccurate credit information that […]
An interview with Travelers United’s lawyer, explaining their legal theories and the kinds of fees they are challenging under DC consumer protection law, is available here.
The TCPA prohibits “send[ing], to a telephone facsimile machine, an unsolicited advertisement.” 47 U.S.C. s. 227(b)(1)(c). After receiving such an unsolicited advertisement on its fax machine from AmeriFactors Financial Group, plaintiff Career Counseling, Inc. brought a putative class action in South Carolina. While that litigation was pending, AmeriFactors obtained a declaratory ruling from the FCC, […]
In 2023, a New York district court dismissed three consolidated class actions against Beech-Nut, a baby food manufacturer, alleging that its baby food products contained elevated levels of certain toxic metals. The district court had agreed with Beech-Nut that it should abstain from addressing the plaintiffs’ claims, instead deferring to the FDA under the doctrine […]
In 1979, the New Jersey Legislature added Chapter 347 to the state’s Consumer Frauds Act. That chapter contained a provision expanding what constitutes an “unlawful practice” to include misrepresentations of the identity of food, and also created a refund remedy–specifying that “[a]ny person violating the provisions of the within act shall be liable for a […]
In a 113-page opinion just issued, a Massachusetts federal judge has blocked the merger of JetBlue and Spirit Airlines, finding that the merger would create harm to consumers. An appeal is likely, but this is a major win for the DOJ Antitrust Division, and likely for consumers as well, as JetBlue had more or less […]