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  • Podcast

    Court Distinguishes Between Mandatory And Optional Fees In CA Honest Pricing Law Suit (Podcast)

    A California court recently interpreted the state's Honest Pricing Law, drawing a critical line between mandatory fees that must be disclosed upfront in advertised prices and optional charges that consumers can choose to avoid. This decision provides essential clarity for businesses offering add-ons, service fees, or other charges during the purchasing process, as enforcement around hidden fees intensifies across the state.
    United StatesConsumer Protection
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    FTC Approves Final Order In Java Security Update Case

    As we previously reported, in December 2015, the FTC settled claims against Oracle that the company deceived consumers about security updates on Oracle's Java Platform, Standard Edition software (Java SE).
    United StatesConsumer Protection
    Troutman Pepper Locke LLP
    Troutman Pepper Locke LLP
  • Article

    FTC Sues PepsiCo For Illegal Price Discrimination Under Robinson-Patman Act

    The Federal Trade Commission recently sued PepsiCo, Inc. alleging that the company engaged in illegal price discrimination by providing a large retailer with unfair pricing advantages in violation of the Robinson-Patman Act.
    United StatesConsumer Protection
    Lathrop GPM
    Lathrop GPM
  • Article

    FTD And Classmates.Com Agree To Pay $11 Million To Settle Multistate AG Unfair Trade Practices Investigation

    Attorneys general from twenty-two states today announced that Classmates, Inc. which runs the website classmates.com, and Florists Transworld Delivery, Inc. and FTD.com, Inc. (collectively, "FTD") have agreed to settle allegations that the companies were involved in misleading, unfair, and deceptive trade practices.
    United StatesConsumer Protection
    Troutman Pepper Locke LLP
    Troutman Pepper Locke LLP
  • Article

    Hidden Fees Under The Microscope: FTC Rulemaking, State Enforcement, And Emerging Litigation Risks For Pricing Disclosures

    Federal and state regulators are intensifying scrutiny of hidden fees and junk fees in consumer transactions. This article examines the FTC's final Fees Rule, state-level enforcement actions, and emerging litigation risks, while providing guidance on compliance strategies for businesses navigating this evolving regulatory landscape.
    United StatesConsumer Protection
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    Jamming Out Costs New York Auto Dealerships Millions

    New York Attorney General Eric T. Schneiderman recently announced a $1.6 million settlement with two auto dealerships, SG Hylan Motors and Best Auto Outlet, Inc., who were found to have engaged in jamming schemes between 2010 and 2014.
    United StatesConsumer Protection
    Reed Smith
    Reed Smith
  • Podcast

    Safeway’s Tempest Over Wine Discounts Survives Motion To Dismiss (Podcast)

    A court has allowed a lawsuit against Safeway to proceed, challenging whether the retailer's advertised wine discounts were based on genuine former prices. The case examines when promotional pricing crosses the line from legitimate marketing into potentially deceptive practices, raising questions about how retailers substantiate their comparative price claims.
    United StatesConsumer Protection
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    Sonoma County DA Reaches $5.1M Settlement Over Greenwashing And Other Claims

    Sonoma County and four other California District Attorney's Offices reached a $5.1 million settlement with Tractor Supply West over allegations of price accuracy violations, unlicensed pesticide sales, and misleading biodegradability claims. The case highlights California's strict enforcement of consumer protection laws and environmental marketing standards, particularly regarding biodegradability claims that are generally prohibited unless products meet narrow legal exceptions.
    United StatesConsumer Protection
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Sonoma County DA Reaches $5.1M Settlement Over Greenwashing And Other Claims

    Sonoma County and four other California District Attorney's Offices reached a $5.1 million settlement with Tractor Supply West over allegations of price accuracy violations, unlicensed pesticide sales, and misleading biodegradability claims. The case highlights California's strict enforcement of consumer protection and environmental marketing standards, particularly regarding biodegradability claims that are generally prohibited unless products meet narrow legal exceptions.
    United StatesConsumer Protection
    Global Advertising Lawyers Alliance (GALA)
    Global Advertising Lawyers Alliance (GALA)
  • Article

    Tennessee Court Awards $1.9 Million in Mapco Express Data Breach Class Action Suit

    Last month, a Tennessee Federal court ordered Mapco Express, Inc. ("Mapco") to pay approximately $1.9 million to settle class action claims arising from a 2013 data breach of its retail computer systems.
    United StatesConsumer Protection
    Reed Smith
    Reed Smith
  • Article

    Texas Leads The Way…Again!!!

    Texas has become the first state to hold TikTok legally liable for deceiving parents about platform safety and exposing minors to harmful content. District Judge Cory Liu's landmark ruling confirms that social media companies face direct accountability under state consumer protection laws when their marketing conceals digital dangers from families, setting a precedent for state-level enforcement against technology platforms.
    United StatesConsumer Protection
    Troutman Amin LLP
    Troutman Amin LLP
  • Article

    Broker-Dealer Penalized In Connection With Mutual Fund Sales Practice

    A broker-dealer agreed to provide remediation to impacted customers to settle FINRA charges of failing to establish and maintain a supervisory system and written supervisory procedures.
    United StatesCorporate/Commercial Law
    Hogan Lovells Cadwalader
    Hogan Lovells Cadwalader
  • Article

    CFPB Sues Offshore Payday Lender

    On August 4, 2015, the CFPB announced that it filed a lawsuit in federal district court against NDG Enterprise (NDG), a complex web of commonly controlled companies, for collecting money consumers did not owe.
    United StatesFinance and Banking
    Venable LLP
    Venable LLP
  • Article

    Class Certification Denied In Common Defect Case Where Individual Issues Predominated

    Plaintiff brought suit on behalf of a putative class of owners of New York buildings with Pella windows, alleging that Pella's windows contained common design defects.
    United StatesLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    CarSure Sued For DPPA Violations

    CarSure, LLC, a Texas-based aftermarket automotive warranty seller, faces a lawsuit brought by a group of Wisconsin car owners who claim that the company violated the Driver's Privacy Protection Act ("DPPA") by purchasing the motor vehicle records of Wisconsin car owners from third-party data suppliers.
    United StatesMedia, Telecoms, IT, Entertainment
    Reed Smith
    Reed Smith
  • Article

    Commercial Co-Ventures Beware

    On July 19, 2018, it was announced that Operation Troop Aid ("OTA") entered into a settlement with multiple states, including California, Delaware, New York, Pennsylvania, Virginia and Washington ...
    United StatesMedia, Telecoms, IT, Entertainment
    Reed Smith
    Reed Smith
  • Article

    Cracking Open a Cold One: Plaintiffs' False Advertising Suit Against Brewer Survives Dismissal

    Earlier this year, two plaintiffs launched a putative class action against Portland-based Craft Brew Alliance, the fifth largest brewing company in the U.S. and parent company of Kona Brewing Co.
    United StatesMedia, Telecoms, IT, Entertainment
    Reed Smith
    Reed Smith
  • Article

    FTC Settles With Sales Lead Generators For $100,000

    Last week, the Federal Trade Commission ("FTC") settled a claim against the Consumer Education Group for $100,000 regarding alleged violations of the FTC's Telemarketing Sales Rule ("TSR") and Section 5(a) of the FTC Act.
    United StatesMedia, Telecoms, IT, Entertainment
    Reed Smith
    Reed Smith
  • Article

    SoulCycle Settles Gift Card Lawsuit For Up To $9.2 Million

    Popular indoor cycling company SoulCycle Inc. recently settled a nationwide putative class action in an agreement valued between $6.9 million and $9.2 million.
    United StatesMedia, Telecoms, IT, Entertainment
    Reed Smith
    Reed Smith
  • Article

    Vitamin Shoppe Sued Over Supplement Claims

    Last week a class action lawsuit was filed against Vitamin Shoppe, Inc. The plaintiffs asserted that Vitamin Shoppe misled consumers and made scientifically inaccurate claims with regard to its garcinia cambogia weight loss supplement in violation of California's unfair competition law, false advertising law, and the Consumer Legal Remedies Act.
    United StatesMedia, Telecoms, IT, Entertainment
    Reed Smith
    Reed Smith

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