Posts tagged with: "misleading+or+deceptive+conduct"
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6 May 2016, 11:23 am
” The ALJ’s finding that Pom’s ads made deceptive claims about the health benefits of pomegranate juice was sufficient to create a genuine issue of material fact about whether Pom engaged in deceitful conduct in acquiring its customer base. [read post]
18 Feb 2022, 6:19 am
Commissioner Philips added that he supports the effort to proceed with Section 18 rulemaking to promulgate a clear rule that addresses deceptive conduct and return money to consumers. [read post]
12 Apr 2024, 7:49 am
The misconduct “emanated from California,” and it’s well-established that the UCL/FAL extend to conduct that emanates from California even if victims reside out of state. [read post]
18 Apr 2023, 10:25 am
[1] e.g., Notice of Penalty Offenses Concerning Deception or Unfair Conduct around Endorsements and Testimonials, Notice of Penalty Offenses Concerning Deceptive or Unfair Conduct in the Education Marketplace, and Notice of Penalty Offenses Concerning Deception or Unfair Conduct for Money-Making Opportunities [read post]
18 Sep 2017, 12:04 pm
” In the court’s view, Regulation E’s intent was “to delineate specific information banks must provide to customers, not to more broadly prevent misleading or deceptive conduct in connection with the opt-in decision—the purview of the CFPA. [read post]
18 Apr 2023, 10:25 am
[1] e.g., Notice of Penalty Offenses Concerning Deception or Unfair Conduct around Endorsements and Testimonials, Notice of Penalty Offenses Concerning Deceptive or Unfair Conduct in the Education Marketplace, and Notice of Penalty Offenses Concerning Deception or Unfair Conduct for Money-Making Opportunities [read post]
1 Sep 2021, 10:09 am
I will focus on the court’s holding that the commonwealth of Pennsylvania failed to make specific allegations of deceptive and misleading conduct that are actionable under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL). [read post]
26 May 2015, 7:16 am
Section 541.052 prohibits making any advertisement or statement containing any assertion, representation, or statement with respect to the business of insurance or with respect to any person in the conduct of his insurance business that is untrue, deceptive, or misleading. [read post]
11 Apr 2019, 5:19 am
“Statements that are literally or deliberately false create a presumption of deception and reliance. [read post]
15 Feb 2017, 9:13 am
An ad is deceptive if it is likely to: (i) mislead consumers; and (ii) affect consumers’ behavior or decisions about the product or service. [read post]
16 Aug 2007, 5:20 am
Properly understood, a person engages in “deceptive” conduct for purposes of Section 10(b) when the conduct by its nature is objectively likely to mislead another person, e.g. , when it has the effect of conveying a false appearance of material fact to an observer (assuming, of course, that the defendant possessed the requisite mental state in engaging in the conduct). [read post]
24 Jun 2022, 8:47 am
Drip pricing has been one of the Competition Bureau’s deceptive marketing enforcement priorities, along with false or misleading performance claims, ordinary sale price claims and misleading testimonials/endorsements. [read post]
20 Sep 2017, 1:50 pm
In an opinion and order issued following a seven-day bench trial, the California federal district court found that the CFPB had shown that some, but not all, of the marketing statements made by the biweekly mortgage payment companies were false or misleading and constituted deceptive practices that violated the CFPA’s UDAAP prohibition. [read post]
25 Feb 2021, 6:00 am
Beware of Misleading Conduct Engaging in knowingly misleading conduct under a contract may amount to a breach of the duty of good faith, which requires honesty. [read post]
21 Dec 2021, 1:08 pm
” Indeed, McLaughlin pled that he conducted 12 real estate transactions in Agoura Hills in 2021, and that only two of the agents appearing on HomeLight’s lists conducted real estate transactions in Agoura Hills this year. [read post]
30 Apr 2013, 6:24 am
” Statements that are true may still be deceptive or misleading, and it was premature to characterize these misrepresentations as solely law-related. [read post]
7 Nov 2023, 4:08 am
Use Deceptive Warranty Terms Contracts generally cannot use deceptive or misleading terms. [read post]
12 Feb 2018, 5:00 am
Dean argued that they’d alleged facts to show that defendants’ petitioning activity was part of a misleading campaign, pursuant to which they “deliberately” chose a deceptive name for their group, mischaracterized the “current status” of the golf course property and the plaintiffs’ development plan, and falsely accused plaintiffs of misconduct. [read post]
27 Oct 2010, 7:24 am
” The court of appeals also affirmed individual liability for Maihos, a corporate officer with the capacity to make decisions regarding the challenged conduct who knew or should have known that there was no reasonable basis for the deceptive claims. [read post]
9 Dec 2019, 11:08 am
Appian argued that, “where the relevant deceptive conduct involves communications between a defendant and third parties, courts have said that the ‘center of gravity’ lies in the state in which the communications occurred (i.e., were ‘published’). [read post]
