The FTC brought an administrative complaint against Intuit based on its nationwide, multichannel advertising campaigns promoting its TurboTax tax preparation service as “free,” when in reality, two-thirds of taxpayers were ineligible for its “free” product. Yesterday, the FTC made public a unanimous opinion affirming an ALJ’s cease-and-desist order and conclusion that the claims were false […]
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, […]
The Federal Trade Commission issued an order delaying the effective date of the recently released rule that seeks to provide protections for car buyers against some of the more prevalent deceptive practices in car sales. The Combating Auto Retail Scams (CARS) rule, originally set to become final on July 30, is now pushed back pending […]
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 […]
At Reuters, reporter Alison Frankel has this story on a recent class-action settlement with Verizon. Verizon (as is typical of cellphone companies) requires customers to agree to arbitrate any disputes that may arise. The settlement avoids appellate review of Verizon’s effort to limit arbitrations to batches of 10 at a time, which, in situations where […]
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 […]
In the wake of studies showing that cost-cutting by nursing homes contributed to high COVID death rates at New York’s nursing homes, the state legislature enacted a law that set minimum staffing levels, required minimum spending levels on resident care, and capped profits. Though enacted in 2021, implementation was delayed for several years, and the […]
The facts of this case are awful: In August 2018, Plaintiff Jane Doe requested that her boyfriend call her an Uber remotely because her phone had low battery. Plaintiff’s phone, however, lost its charge, and she did not receive from her boyfriend the information identifying the authorized vehicle. Plaintiff then entered a car displaying an […]