Search for: "Jody Coultas"
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19 Aug 2011, 1:11 pm
Class Certified in False Labeling Action Against Sunscreen ManufacturerThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.A trial court erred by refusing to certify a sunscreen purchaser’s California Unfair Competition Law (UCL) and Consumers Legal Remedies Act (CLRA) claims against a sunscreen manufacturer for false labeling, according to a California appellate court. [read post]
1 Aug 2011, 2:32 pm
Secondary Market Sales of Yankees’ Tickets Not Deceptive PracticesThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.Purchasers of New York Yankees tickets failed to state a deceptive practices claim under New York General Business Law against online ticket marketer StubHub; its parent, eBay; and the New York Yankees for StubHub’s failure to identify the individual seller and face value of tickets, the federal district court in New… [read post]
17 Jun 2011, 10:09 am
City, County Could Bring Consumer Protection Act Claim for Discriminatory Lending Practices This posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.The City of Memphis and Shelby County, Tennessee have standing to assert Tennessee Consumer Protection Act (CPA) claims against Wells Fargo Bank for allegedly discriminatory lending practices that took place in those jurisdictions, according to the federal district court in Memphis. [read post]
23 May 2011, 11:52 am
Whirlpool Not Enjoined From Advertising “Steam Dryers”This posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.LG Electronics U.S.A., Inc. was denied injunctive relief against Whirlpool Corporation in an Illinois Consumer Fraud and Deceptive Business Practices Act (CPA) and Uniform Deceptive Trade Practices Act (DTPA) claim alleging Whirlpool’s advertisements of “steam dryers” were false and misleading. [read post]
26 Apr 2011, 7:59 am
“All Natural” Guacamole Claim Could Be Deceptive LabelingThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.Guacamole purchasers could bring California consumer protection law claims against a manufacturer of guacamole and bean dip products that allegedly mislabeled its product to deceive purchasers into buying its products, according to a federal district court in Los Angeles.Allegedly deceived into purchasing the… [read post]
24 Mar 2011, 8:32 am
Consumer Class Action Against Investment Firm Preempted by Securities LawThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.An investor’s California Unfair Competition Law (UCL) claims—based on alleged misrepresentations made by investment company Charles Schwab—were preempted by the Securities Litigation Uniform Standards Act of 1998 (SLUSA), and the investor could not seek diminution-in-share value as a remedy, according to… [read post]
23 Mar 2011, 7:30 am
FTC Settles with Company Allegedly Using Deceptive “Consumer” ReviewsThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.A company that produced the “Learn and Master Guitar program” has agreed to settle FTC allegations that it engaged in deceptive advertising of its products through online marketers who falsely posed as ordinary consumer or independent reviewers. [read post]
18 Feb 2011, 10:06 am
Illegality of Contract Not a Bar to Illinois Consumer Protection Act ClaimThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.A group of Mexican citizens living in the United States could bring an Illinois Consumer Fraud and Deceptive Business Practices Act (CFA) claim, despite a trial court finding that the claim was barred by the doctrine of illegality of contract and the statute of limitations, according to an Illinois appellate court. [read post]
28 Jan 2011, 7:01 am
Light Cigarette Purchasers’ Consumer Class Action Allowed to Proceed This posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.A class of light cigarette purchasers could pursue Minnesota consumer protection claims against Marlboro Light manufacturer Philip Morris based on allegedly deceptive business practices and false advertising, according to a Minnesota appellate court. [read post]
15 Dec 2010, 7:22 pm
Online Hotel Reservation Agencies Could Be Liable for Deceptive FeesThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.New York residents who used online hotel reservation agencies to book hotel rooms in New York City stated a claim under the New York unfair trade practices law for the agencies’ charging of allegedly deceptive and unfair fees, according to the federal district court in New York City.The hotel patrons used hotel… [read post]
18 Nov 2010, 12:33 pm
Pfizer Ordered to Pay $95 Million for Deceptive Marketing of NeurontinThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.Pharmaceutical company Pfizer, Inc. violated the California Unfair Competition Law (UCL) by marketing its prescription drug Neurontin for a number of off-label uses and deceptively representing the efficacy of the drug for certain uses, according to the federal district court in Boston. [read post]
2 Nov 2010, 1:39 pm
Overpayment Caused By Deceptive Ad Could Be Recoverable Under Massachusetts LawThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.A baby formula purchaser stated a Massachusetts Consumer Protection Act (CPA) claim against the formula manufacturer that allegedly engaged in unlawful and deceptive advertising, according to the federal district court in Boston. [read post]
22 Sep 2010, 3:06 pm
Facebook’s Advertising Charges Could Violate California Unfair Competition LawThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.Social networking website Facebook PPC could be held liable under the California Unfair Competition Law (UCL) for unfair business practices related to a breach of an advertising contract, but not for fraudulent or unlawful business practices, according to the federal district court in San Jose, California. [read post]
18 Aug 2010, 7:24 am
Debit Card Posting Procedure, Resulting in Overdraft Fees, Was an Unfair Business PracticeThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.Wells Fargo Bank’s “high-to-low” resequencing of debit card charges—which resulted in millions of overdraft fees charged to customers—was an unfair and fraudulent business practice that violated the California Unfair Competition Law (UCL), according to the federal district… [read post]
26 Jul 2010, 12:45 pm
Consumer Class Action for KFC’s Refusal to Honor Coupons Can Proceed This posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.KFC’s refusal to honor coupons offered on its website could constitute violation of the Illinois, Michigan, and California unfair trade practice laws, according to the federal district court in Chicago. [read post]
21 Jun 2010, 12:42 pm
Consumer Protection Class Action Certified Against Kansas Gas StationsThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.A class of Kansas motor fuel purchasers who purportedly did not receive the amounts of fuel that they paid for were certified to proceed with a Kansas Consumer Protection Act (CPA) claim.The multidistrict class action was filed by persons who purchased motor fuel from a number of gas stations in Kansas that sold fuel from… [read post]
31 May 2010, 6:16 pm
Nexium Advertising Did Not Violate State Unfair Trade Practice LawsThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.After deciding that the laws of the home state of each plaintiff applied to consumer protection claims filed by health care benefit plans, plan members, and third party payors against the manufacturer of acid-reflux prescription drug Nexium, the federal district court in Wilmington, Delaware dismissed each claim.Massive… [read post]
23 Apr 2010, 7:29 am
Denny’s Failure to Disclose Sodium Content of Meals Not a Deceptive ActThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.A restaurant patron could not state an Illinois Consumer Fraud and Deceptive Business Practices Act (CFA) against Denny’s Corporation for failing to disclose the sodium content of its meals, according to the federal district court in Chicago.The patron began eating meals at Denny’s in 2004. [read post]
19 Mar 2010, 7:36 am
Mortgage Relief Scheme Violated New Jersey Consumer Fraud ActThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.A real estate lawyer and his client engaged in a fraudulent mortgage relief scheme that violated the New Jersey Consumer Fraud Act (CFA) by misleading mortgage holders, according to the U.S. [read post]
20 Feb 2010, 10:08 am
Supplement Purchasers Allowed to Proceed with Unfair Competition Class Action This posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.An order denying certification in a consumer’s California Unfair Competition Law (UCL) and Consumer Legal Remedies Act (CLRA) class action against the nutritional supplement retailer GNC was reversed because the trial court’s opinion was based on improper legal criteria and incorrect legal assumptions,… [read post]
