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Tag Archives: class action

Company Settles “Natural” Class Action Claims for $1.5 Million

Posted in Advertising, Labeling
A recent class action lawsuit that claimed a manufacturer misrepresented its laundry detergent products as “all natural” when they, in fact, contained synthetic ingredients, has resulted in a $1.5 million settlement. A New York federal court gave preliminary approval to the settlement, which also requires the company to add qualifying language that states “contains naturally… Continue Reading

Supreme Court Requires Plaintiffs to Show Harm or Risk of Harm, Not Bare Procedural Violation, to Get Statutory Damages

Posted in Cybersecurity, Data Security, Litigation, Privacy
Joe Ravi | CC-BY-SA 3.0 Last year, we noted that the Supreme Court had granted certiorari in a case that could limit the ability of plaintiffs to sue defendants over bare statutory violations without the showing of actual injury. The case implicates a wide variety of statutes that grant monetary awards to successful plaintiffs on… Continue Reading

The Dark Side of Loyalty Programs

Posted in Litigation, Privacy
Loyalty programs operated by retailers allow the retailer to track the purchases made by customers and offer customers tailored information about products and sales. However, there is a dark side to such programs. The tracking may also provide plaintiffs’ lawyers a method of identifying potential class members thereby providing a basis for such litigation to… Continue Reading

Is Your Device ID “Personal”? Federal Appeals Court to Decide Under VPPA

Posted in Litigation, Privacy
A federal appellate court will consider early next month whether the Video Privacy Protection Act (VPPA) makes an “Android ID” – a device identifier used in Google’s smartphones –personally identifiable information (PII). The Eleventh Circuit has scheduled oral argument in the case, Ellis v. Cartoon Network, Inc., for June 3, 2015. The plaintiff in the… Continue Reading

Third Circuit Says Privacy Class Action Members are “Ascertainable” in Suit Against Aaron’s Stores Because There are Records

Posted in Data Security, Privacy
Every class action lawsuit always involves the question of how to identify, or “ascertain”, who is a member of the class.  Consumers keep expensive products or at least keep records related to their purchase.  Inexpensive or transitory products are generally gone by the time litigation commences and no records of the purchase exist.  In such… Continue Reading

California Federal Judge Rejects Apparel Company’s Motion to Dismiss “Made in America” Suit Under California Law

Posted in Advertising, Labeling, Regulations
A California federal court this month ruled against defendants’ attempt to rely on a federal law requiring U.S.-origin claims on textile fabric products to displace a California statute with more stringent requirements about “Made in the USA” labels.  The ruling allows a class action suit to proceed, lowering the hopes of retailers and manufacturers that have found compliance… Continue Reading

Privacy Class Action Claims on the Rise

Posted in Privacy
From the allegations of Edward Snowden about official snooping on U.S. citizens (and non-Americans worldwide) to any of the seemingly innumerable data breaches hitting retailers like Home Depot and Target or movie/television studio Sony or pick-your-favorite-example, it’s rare that a day passes without some breaking news about privacy (or its sibling, cybersecurity). Think of the… Continue Reading
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