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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

The Federal Trade Commission’s Holder Rule limits a creditor’s liability for claims by restricting the debtor’s total recovery (including attorney fees) to the amount paid by the debtor under the assigned contract. Read More

To state a claim under California’s consumer protection laws based on a non-disclosure, the plaintiff must show the defendant owed a duty of disclosure and the nondisclosure was material, affecting the product’s central function. Read More

Internet service providers must produce, in response to a subpoena, any material that a social media user has configured to be public, but not material configured for view by specific individuals, even though those persons might further disclose the materials. Read More

Defendant was sufficiently engaged in collection efforts to qualify as a debt collection agency and hence did not run afoul of the Fair Debt Collection Practices Act’s prohibition on creating the false belief in a consumer that a person other than the creditor is participating in the collection of the debt. Read More

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