Topic
Every decision we've filed under Consumer Protection.
The United States Court of Appeals for the Sixth Circuit certified two questions of Ohio law to the Supreme Court of Ohio regarding the voluntary-payment defense in consumer lending disputes. The court determined that existing state precedents are too unsettled to allow a federal court to guess how the defense applies to contracts with conflicting price terms.
The Ninth Circuit affirmed a district court dismissal of a consumer protection lawsuit alleging fraud in the honey industry. The appellate panel held that the plaintiffs failed to meet the heightened pleading requirements of Federal Rule of Civil Procedure nine point B.
The United States Court of Appeals for the Fourth Circuit reversed a district court order denying a motion to compel arbitration in a Telephone Consumer Protection Act case. The appellate court held that the defendant was a third-party beneficiary of an online agreement and could enforce its arbitration clause against the plaintiff.
The Fifth Circuit affirmed the dismissal of a pro se plaintiff's frivolous consumer protection claims while dismissing the remainder of his appeal for lack of jurisdiction. The court issued a stern warning that future abusive filings will result in sanctions.
The United States Court of Appeals for the Fourth Circuit reversed the district court's denial of a preliminary injunction against a Maryland statute restricting renewable energy marketing claims and remanded the disclosure requirement for new review.
The Eleventh Circuit affirmed the dismissal of a consumer protection lawsuit brought by a car owner against Volkswagen. The court held that the plaintiff failed to allege a duty to disclose defects or plead fraud with sufficient particularity under Alabama law and Federal Rules of Civil Procedure.
The Eleventh Circuit affirmed the dismissal with prejudice of a pro se plaintiff's Fair Credit Reporting Act complaint. The court held that the plaintiff abandoned his arguments on appeal and that the district court properly exercised its inherent power to manage its docket.
The Seventh Circuit affirmed the denial of a petition to compel arbitration, holding that federal courts cannot overturn an arbitrator's discretionary decision to terminate proceedings. Because the American Arbitration Association properly closed the cases after Kohl's refused to register its agreement, the petitioners remain barred from judicial resolution of their claims.
The Ninth Circuit affirmed the dismissal of Alfred Clark's foreclosure-related claims, ruling that he failed to plausibly allege the defendants were debt collectors under the FDCPA or that he was not in default. The court held that amending the complaint would be futile because no viable legal theory existed to support his allegations under federal or Nevada law.
The Ninth Circuit reversed the dismissal of a consumer class action alleging Target sold cotton sheets with impossible thread counts. The court held that literally false advertising claims present questions of fact inappropriate for dismissal at the pleading stage.