By Steve Gardner In Astaina v. Hain Celestial Group, Inc. (download here), and just two days after a district court’s decision in Anderson v. Hain Celestial Group, Inc. (discussed here), the Ninth Circuit dealt Hain another blow to its efforts to trick consumers into buying products falsely called “natural,” this time involving cosmetics, not food. […]
by Steve Gardner Earlier this week, in Anderson v Hain (highlights added), Judge Edward J. Davila of the Northern District of California issued an opinion on a motion to dismiss that is a good example of the trend to accept consumer pleadings of deception in food labeling. The Northern District judges have considered food deception issues repeatedly […]
A Washington Post op-ed by Dana Milbank this week catalogues the disturbing rise of welfare-benefit restrictions around the country that seem designed not to prevent abuse but to cut welfare beneficiaries off from a range of common, everyday activities (like swimming pools) and foods (like tuna fish) that many Americans enjoy. Another set of laws, […]
… is the thrust of a piece in today's Washington Post, which observes: Studies show that young people who graduate in states that mandate personal finance education are better with money as adults. They have higher credit scores and are less likely to default on credit cards. Yet, most states don’t require the classes. Read […]
The Third Circuit Court of Appeals this week reversed the dismissal of a class-action case alleging violations of the Fair Debt Collection Practices Act by Bank of America and a law firm. The plaintiff alleged that the bank and firm, when they initiated foreclosure proceedings, assessed fees that had not yet been incurred. The court […]
Reuters explains: The ruling by the 11th U.S. Circuit Court of Appeals reverses more than $800,000 in damages from R.J. Reynolds and Altria Group Inc unit Philip Morris USA Inc awarded in 2013 to Earl Graham, whose wife Faye, a longtime smoker, died in 1993 of lung cancer. More broadly, the court said smokers who, […]
The Consumer Financial Protection Bureau yesterday filed a lawsuit against the leaders of a robocall debt collection operation, their companies, and their service providers.The CFPB explained: The debt collectors, using various aliases, allegedly deployed automated calls to threaten, harass, and deceive consumers in attempts to collect debt the consumers did not owe to them, and […]
Reports the New York Times today: The Federal Communications Commission announced on Wednesday a $25 million fine against AT&T for failing to protect the personal information, including the Social Security numbers, of its customers. Employees at AT&T call centers were found to have stolen the names and Social Security numbers of about 300,000 of the […]
The Federal Trade Commission announced three settlements yesterday: • The FTC announced a settlement with Network Solutions LLC over charges that the company misled consumers who bought its web hosting services by promising a full refund if they canceled within 30 days. In reality, the company withheld substantial cancellation fees from most refunds. The FTC's […]
Predictably, after the Supreme Court expanded the preemptive effect of the Federal Arbitration Act in its 2011 Concepcion decision, employers took advantage, reports the Wall St. Journal: "Arbitration clauses with class-action waivers r[o]se sharply after 2011 court ruling." Apologies for the subscriber-only link, but if you have access, it's worth a read, here.