Mealey's California Section 17200

  • August 24, 2021

    Judge Upholds UCL Claim For Trip Policy Premium Refund After COVID-19 Cancellation

    LOS ANGELES — A California federal judge on Aug. 19 denied a motion for judgment on the pleadings of a woman’s claim that an insurer and underwriter violated California’s unfair competition law (UCL) by not refunding her post-departure travel insurance premiums for a policy on a cruise that was canceled due to COVID-19 but granted the defendants’ motion as to some of her state law claims.

  • August 19, 2021

    California Panel Reinstates UCL Claim In Suit Alleging Shoplifting Statute Misuse

    SAN FRANCISCO — A California appellate panel on Aug. 16 reinstated a California unfair competition law (UCL) claim by a former retail employee who alleges her in putative class complaint that her former employer misuses California’s shoplifting statute to force workers to pay for business losses, finding that the worker adequately alleged that being forced to sign a promissory note exposed her to financial and legal consequences.

  • August 19, 2021

    $25M Tinder Age-Bias Class Settlement Reversed For Further Inquiry

    PASADENA, Calif. — A split Ninth Circuit U.S. Court of Appeals panel on Aug. 17 reversed a trial court’s 2019 approval of a class settlement valued at approximately $25 million in a lawsuit accusing a smartphone-based dating application of discriminatory age-based pricing in violation of the Unruh Civil Rights Act and California’s unfair competition law (UCL) and remanded for a “more probing inquiry” that’s required in a pre-certification settlement, finding the value of the settlement “substantially overstated” and the strength and value of the claims “discounted.”

  • August 11, 2021

    Panel Reinstates Racial Harassment Claims Against Baseball Trainer, Not Team

    SACRAMENTO, Calif. — A California appellate panel on Aug. 9 affirmed in part and reversed in part a court’s dismissal of claims brought by an African-American man who alleged that he was subjected to racial harassment while working for a minor league baseball team, reversing a grant of summary judgment against a trainer who allegedly harassed him but affirming the dismissal of his California unfair competition law (UCL) claim against the trainer’s employer.

  • August 05, 2021

    Judge: California Woman Can’t Bring Pet Food Claims For Out-Of-State Classes

    SAN FRANCISCO — A California federal judge on Aug. 3 granted in part and denied in part two companies’ motion to dismiss putative class action claims for alleged consumer fraud in the marketing of its pet food products, dismissing the California-based plaintiff’s claims on behalf of putative multistate and nationwide classes but allowing her California state law claims to proceed.

  • August 02, 2021

    Notice And Consent Doom Wiretap Claims Over Payment Processor’s Data Collection

    OAKLAND, Calif. — Finding that customers consented to an online retailer’s privacy policy, which disclosed data-sharing practices with third parties, a California federal judge on July 28 dismissed a group of consumers’ wiretap and data-selling class claims against online payment processing company Stripe Inc.’s purported collection of consumers’ internet activity information, a California federal judge on July 28 granted in part Stripe’s motion to dismiss, disposing of wiretap and data-selling claims in their entirety.

  • August 02, 2021

    Preliminary Approval Of $85M Zoom Privacy Class Settlement Sought

    SAN JOSE, Calif. — Users of Zoom Video Communications Inc.’s cyber-meeting platform that sued over purported data sharing and hacking incidents filed a motion on July 31 in a California federal court seeking preliminary approval of an $85 million settlement of class claims brought under California’s unfair competition law (UCL) and for breach of implied contract.

  • July 30, 2021

    Anti-SLAPP Law Doesn’t Apply To UCL Claim For Medical Disclosure, Panel Says

    SAN FRANCISCO — A California appellate panel on July 29 affirmed a trial court’s denial of a fertility center’s motion to strike a woman’s complaint accusing it of violating her privacy and California’s unfair competition law (UCL) by disclosing her fertility treatments in an email shared by her entire work group, finding that the fertility center failed to establish that its email was protected under California’s anti-strategic lawsuit against public participation (SLAPP) law.

  • July 29, 2021

    California Supreme Court Will Review Medical Group’s UCL Claim Against Insurer

    SAN FRANCISCO — The California Supreme Court on July 28 granted a medical association’s petition for review of an appellate panel’s ruling that the association lacked standing to bring an unfair competition law (UCL) claim against an insurer for its practice of restricting physicians from making referrals to out-of-network doctors, but denied an amici request for depublication of the underlying opinion.

  • July 28, 2021

    Judge Issues TRO To Freeze Sales Of Counterfeit Transceivers From Wuhan

    SAN FRANCISCO — A California federal judge on July 23 issued a temporary restraining order and preliminary injunction to block a manufacturer in Wuhan, China, which is facing claims of violating federal trademark law and California’s unfair competition law (UCL), from continuing to distribute counterfeit transceivers falsely labeled as manufactured by a U.S. company.

  • July 26, 2021

    Judge Grants Marriott Extension To Produce Discovery In Unfair Competition Suit

    SAN DIEGO — A federal magistrate judge in California on July 20 granted a third joint motion for an extension of time to produce documents in a putative class action accusing Marriott of violating California’s unfair competition law (UCL) and other state statutes.

  • July 21, 2021

    Ex-Employee Lacks Standing To Bring UCL Claim For Unpaid ‘Sham’ Raises

    LOS ANGELES — A California appellate panel on July 20 affirmed a trial court’s dismissal of a former employee’s claim under California’s unfair competition law (UCL) after finding that the employee lacked standing to claim that her employer failed to pay her for raises it recorded in its internal bookkeeping because she was never made aware of the raises or signed any relevant documentation.

  • July 21, 2021

    Federal Judge Dismisses Privacy, FCRA Class Claims Against Retail Solutions Firm

    SANTA ANA, Calif. — A group of retail customers who purportedly had retail “risk score” reports compiled about them by a data vendor of several major retailers did not sufficiently allege invasion of privacy, Fair Credit Reporting Act (FCRA) or defamation class claims against the firm, a California federal judge ruled July 16, finding that the plaintiffs did not plead necessary specificity or falsehood, among other things.

  • July 16, 2021

    9th Circuit Finds Trader Joe’s Exotic Honey Label Wouldn’t Mislead Most Consumers

    PASADENA, Calif. — A Ninth Circuit U.S. Court of Appeals panel on July 15 affirmed a district court’s dismissal of a putative class action against a grocery chain for allegedly mislabeling a honey product as being 100% sourced from bees that fed on exotic flowers when in fact the bees also fed on other flowers, finding that the labeling in question was proper under federal regulations and would not mislead a reasonable consumer.

  • July 14, 2021

    Judge Dismisses Consumer’s Claims That Whole Foods Mislabeled Vanilla Almond Milk

    SAN FRANCISCO — A California federal judge on June 30 dismissed a putative class action accusing Whole Foods Markets California Inc. of violating California’s unfair competition law (UCL) and other laws by allegedly labeling its “Vanilla Almondmilk” product in a way that would mislead consumers into believing its flavor comes from authentic vanilla beans, writing that the product’s labeling indicates that vanilla is a flavor, not an ingredient.

  • July 14, 2021

    Panel:  Court Erred By Dismissing Claims For Defects In Supplemental Complaint

    SAN FRANCISCO — A California appellate panel on July 12 reversed a trial court’s entry of judgment against a property owner who brought claims against a lender and two loan servicers for violation of California’s unfair competition law (UCL) and Homeowner’s Bill of Rights (HBOR) after finding the court’s ruling was based on defects in the plaintiff’s supplemental complaint which the panel said did not supersede triable claims in the plaintiff’s original complaint.

  • July 14, 2021

    Panel Reverses Judgment Against Putative Class, Citing ‘Disparity In Discovery’

    LOS ANGELES — A California appellate panel on July 7 reversed a trial court’s rulings granting a retail store’s no-merits motion and entering judgment in its favor on two consumers’ putative class action claims that the retail store violated state laws, including California’s unfair competition law (UCL), through a store “cash” program, writing that the court abused its discretion by ruling before the plaintiffs completed discovery.

  • July 12, 2021

    Insurer Says California Supreme Court Need Not Review Medical Group’s UCL Standing

    LOS ANGELES — An insurer argues in a June 28 response brief to the California Supreme Court that no conflict of law or important issue meriting review exists in a panel’s ruling that a medical association lacked standing to bring a California unfair competition law (UCL) claim against the insurer for restricting physicians from making referrals to out-of-network doctors because the association did not demonstrate that it was injured.

  • July 07, 2021

    Judge Conditionally Approves Class, Kroger Settlement Over Breadcrumbs Labels

    SAN DIEGO — A federal judge in California on July 2 conditionally approved a proposed $780,000 settlement of a class action accusing The Kroger Co. of violating state laws including California’s unfair competition law (UCL) by labeling breadcrumb products with “0g Trans Fat” while they were made with partially hydrogenated oil (PHO), writing that the proposal was fair but asking the parties to revise their notice plan, which proposed using Facebook as the primary method to notify class members.

  • July 06, 2021

    Misrepresentation, UCL Claims Clear, Asbestos-Talc Class Tells 9th Circuit

    SACRAMENTO, Calif. — A class sufficiently alleges that consumer talc contained asbestos, that defendants misrepresented the safety of their products as a result and that producing a specific deceptive advertisement is unnecessary under California unfair competition law precedent due to the decades-long nature of the campaign, appellants tell the Ninth Circuit U.S. Court of Appeals in a July 1 brief.