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Consumer Protection

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California's automatic renewal law, B&P Code 17600 et seq. requires a consumer’s affirmative consent to any subscription agreement automatically renewed for a new term when the initial term ends as well as “clear and conspicuous” disclosure of the offer terms, and an “easy-to-use mechanism for cancellation.  However, this decision holds that the law's provision that "all available civil remedies that… Read More

Shloss was Cohen's attorney in a disability discrimination suit Cohen brought against Golden State when one of its delivery drivers parked in a disabled persons parking spot to make a delivery.  Cohen claimed the delivery truck kept him from parking the disabled spot and thus blocked his access to nearby business A.  At trial, Cohen had no evidence to show… Read More

Plaintiffs pled a viable claim for false advertising under the UCL by the defendant manufacturers of pet food labeled "prescription" pet food.  Under the reasonable consumer test, use of the word "prescription" was misleading in suggesting that the pet food contrained medicine or drugs.  The fact that defendants sold their products, at least initially, only through vets did not make… Read More

When a manufacturer cannot repair a new car to cure a defect after a reasonable number of attempts to do so, it must either give the buyer a replacement car or pay the buyer restitution of the full purchase price plus collateral charges and incidental damages.  Civ. Code 1793.2(d).  Initial registration fees payable on purchase or lease of a new… Read More

The portion of 47 U.S.C. 227(b) added in 2015 to exempt calls to collect debts owed to or guaranteed by the federal government from the TCPA's ban on robocalls to cellphones is an unconstitutional restriction on free speech.  The exception is content-based as it draws distinctions based on the message conveyed in the telephone call.  The exception may be invalidated… Read More

The trial court did not err in refusing to instruct the jury on the consumer expectation test in this design defect products liability case.  The plaintiff was injured when his forklift, designed for use on uneven surfaces, overturned, and he fell out of the cab and suffered severe injuries.  The forklift had a roll-over cage and two-point safety belts as… Read More

While FDA regulations governing nutrition facts panels preempt state law as to facts stated within the panel, the regulations do not govern or preempt state law as to the rest of the product label; so a state may require that packaging on the remainder of the product meet stricter standards than is required for the facts listed in the nutrition… Read More

While FDA regulations governing nutrition facts panels preempt state law as to facts stated within the panel, the regulations do not govern or preempt state law as to the rest of the product label; so a state may require that packaging on the remainder of the product meet stricter standards than is required for the facts listed in the nutrition… Read More

There is no private right of action for a violation of Bus. & Prof. Code 9884.9, which requires car repair facilities to provide the customer a written estimate and obtain written customer approval before beginning repairs on a car. Read More

The payment of money for a product that the plaintiff would not have purchased but for the false advertising—here, presenting products with a fake list price crossed out and an invented “discount” alongside—is sufficient economic injury to confer standing to sue under the unfair competition law, false advertising law, and the Consumer Legal Remedies Act. Read More

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