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Court of Appeal (Cal.) Allows Data Breach UCL Claim to Proceed Based on Benefit of the Bargain Theory

by Scott J. Hyman |

In Moore v. Centrelake Med. Grp., No. B310859, 2022 Cal. App. LEXIS 795, at *4-7 (Ct. App. Sep. 16, 2022), the Court of Appeal allowed a UCL claim to proceed in a data breach case.  The data breach facts were as follows: Centrelake is a medical provider operating eight medical facilities in southern California. Prior to January 9, 2019, appellants… Read More

District Court (Cal.) Says Rosenthal Act Provides Predicate Act and Standing under UCL, Even without Plaintiff Having Paid Money

by Scott J. Hyman |

In Fernandez v. Progressive Mgmt. Sys., No. 3:21-cv-00841-BEN-WVG, 2022 U.S. Dist. LEXIS 120329 (S.D. Cal. July 7, 2022), Judge Benitez allowed a UCL claim to proceed predicated on a Rosenthal Act violation where the customer did not allege to have paid money to the defendant. Defendant, however, is incorrect that Plaintiff must have paid EACMC monies to establish UCL standing.… Read More

District Court (Cal.) Says Aggregation of Small Business Plaintiffs is Neither the “General Public” Nor Consumers Entitled to Protection under B&P Code 17200

by Scott J. Hyman |

In TopDevz, LLC v. LinkedIn Corp., No. 20-cv-08324-SVK, 2021 U.S. Dist. LEXIS 145186, at *9 (N.D. Cal. Aug. 3, 2021), Judge Van Keulen dismissed with leave to amend a group of small businesses' challenge to LinkedIn's charges overstating the level of actual user engagement with ads placed on the LinkedIn platform in order to charge premium rates to advertisers.  The… Read More

Court of Appeal (Cal.) Finds that Consumer Lacked Standing to Sue Car Dealer Who Violated Procedures of Certified Used Vehicle Statute in the Absence of Actual Injury

by Scott J. Hyman |

In Brooks v. Carmax Auto Superstores California, LLC, 2016 WL 1293757, at *4-5 (Cal.App. 4 Dist., 2016) (unpublished), the Court of Appeal affirmed the trial court's judgment against a consumer on the basis that the consumer lacked standing to sue under the CLRA or UCL for mere technical violations of the used vehicle statute.  The facts were as follows: CarMax… Read More

District Court (Cal.) Finds Triable Issue of Fact Regarding Whether On-Line Credit Application Provided Permissible Purpose under FCRA or Was Mere “Comparison Shopping”; Says Reduced Credit Score Can Provide UCL Standing

by Scott J. Hyman |

In Heaton v. Social Finance,  2015 WL 6003119, at *3 (N.D.Cal., 2015), Judge Henderson found that defendant's online credit application might be mere comparison shopping such that there was no permissible purpose under FCRA to pull the consumer's credit report. Plaintiffs Shawn Heaton (“Heaton”) and Anna Ahlborn (“Ahlborn”) each visited Defendants' website and had slightly different experiences. Both Plaintiffs registered for the… Read More

9th Cir. Finds No Vicarious Liability for Creditor under FDCPA/Rosenthal Act; Finds UCL Inappropriate Vehicle to Challenge Collection Practices

by Scott J. Hyman |

In Makreas v. Moore Law Group, A.P.C., --- Fed.Appx. ----, 2014 WL 2979018 (9th Cir. 2014), the Court of Appeals for the Ninth Circuit held that a Plaintiff failed to demonstrate that a creditor was vicariously liable under the FDPCA/Rosenthal Act or that the UCL was a proper vehicle to obtain relief under those statutes. The district court properly dismissed… Read More

District Court (Cal.) Grants MSJ to TCPA Text Message Defendant; Finds Text Message Provides No “Injury in Fact” for Plaintiff’s UCL Claim

by Scott J. Hyman |

In Van Patten v. Vertical Fitness Group, LLC, 2014 WL 2116602 (S.D. Cal. 2014) here, Judge Burns granted summary judgment to the Defendant on Plaintiff’s TCPA and UCL claims. For all of the above reasons, the Court finds that summary judgment is appropriate for Vertical Fitness on its affirmative defense that Van Patten consented to receiving the texts at issue when he… Read More

9th Circuit Holds NOI Plaintiff’s Nominal Payment Designed to Give Standing Failed to Confer Such Standing; Says Plaintiffs’ FCRA Expert Evan Hendricks’ Opinion Was “Vague and Abstract”

by Scott J. Hyman |

In Wright v. General Motors Acceptance Corp., --- Fed.Appx. ----, 2013 WL 6137482 (9th Cir. 2013), the Court of Appeals for the Ninth Circuit affirmed in an unpublished opinion that an automobile customer who paid a small sum of money to set up his right to bring an NOI class action lacked UCL standing to bring the claim.  On April… Read More

Court of Appeal (Cal. — Unpublished) Applies 1-year Statute of Limitations to Rees-Levering Violation Arising out of Deferred Down-payments

by Scott J. Hyman |

In Harrelson v. CarMax Auto Superstores California, LLC, 2013 WL 5348087 (Cal.App. 4 Dist. 2013), Harrelson filed a class action against CarMax, pleading the first class to be any person who in the four years preceding the filing of the complaint purchased a car from CarMax, signed a retail installment contract (RIC), and made a deferred down payment and whose… Read More