Justia Consumer Law Opinion Summaries
Frost v. ADT
Elizabeth Frost died in an accidental house fire. At the time, ADT provided security monitoring services to the premises. During the fire, ADT received several alerts through its monitoring system. Although ADT attempted to call Frost and the back-up number listed on her account, it did not get through. After several such attempts, ADT cleared the alerts without contacting emergency services. The administrator of Frost’s estate and her minor heir, M.F., sued ADT. The central theme of the complaint was that ADT’s failure to notify emergency services contradicted representations on its website that it would do so, and that failure wrongfully caused or contributed to Frost’s death. The district court dismissed the complaint, holding the one-year suit limitation provision in the contract between ADT and Frost barred the claims and that Claimants failed to state a claim with respect to certain counts. Because the Tenth Circuit Court of Appeals found the contract between Frost and ADT provided an enforceable suit-limitation provision that barred the claims at issue, it affirmed dismissal. View "Frost v. ADT" on Justia Law
Posted in: Civil Procedure, Consumer Law, Contracts, Personal Injury, US Court of Appeals for the Tenth Circuit
Van Hoven v. Buckles & Buckles, P.L.C.
Van Hoven, a Michigan attorney, defaulted on a credit card debt. The Buckles law firm, collecting the debt, won a state court lawsuit. Van Hoven did not pay. Buckles filed four requests for writs of garnishment. Van Hoven says those requests violated the Michigan Court Rules by including the costs of the request ($15 filing fee) in the amount due and, in later requests, adding the costs of prior failed garnishments. Van Hoven filed a class-action lawsuit under the Fair Debt Collection Practices Act, which prohibits debt collectors from making false statements in their dunning demands, 15 U.S.C. 1692e. Years later, after “Stalingrad litigation” tactics, discovery sanctions, and professional misconduct allegations, Van Hoven won. The court awarded 168 class members $3,662 in damages. Van Hoven’s attorneys won $186,680 in attorney’s fees. The Sixth Circuit vacated. When Buckles asked for all total costs, including those of any garnishment request to date, it did not make a “false, deceptive, or misleading representation.” It was a reasonable request at the time and likely reflected the best interpretation of the Michigan Rules. The court remanded for determinations of whether Buckles made “bona fide” mistakes of fact in including certain costs of prior failed garnishments and whether its procedure for preventing such mistakes suffices. In some instances, Buckles included the costs of garnishments that failed because the garnishee did not hold any property subject to garnishment or was not the debtor’s employer. View "Van Hoven v. Buckles & Buckles, P.L.C." on Justia Law
Williams v. First Advantage Background Services Corp.
Defendant appealed the district court's denial of its motion for judgment as a matter of law, or in the alternative, motion for a new trial or remittitur. In this Fair Credit Reporting Act (FCRA), the Eleventh Circuit affirmed the district court's denial of defendant's motion for judgment as a matter of law to the extent it challenged the reputational harm claim and the willfulness claim. However, the court vacated the jury's punitive damages award and remanded the case to the district court to enter a judgment awarding plaintiff $1 million in punitive damages. The court held that, although punitive damages were properly awarded, a $3.3 million dollar award was unconstitutionally excessive. View "Williams v. First Advantage Background Services Corp." on Justia Law
Hinrichs v. DOW Chemical Co.
The Supreme Court affirmed the decision of the court of appeals affirming the circuit court's dismissal of Chris Hinrichs and Autovation Limited's (collectively, Hinrichs) common law misrepresentation claims against the DOW Chemical Company and reversing the circuit court's dismissal of Hinrichs' statutory claim under Wis. Stat. 100.18, holding that the court of appeals did not err. Specifically, the Supreme Court held that, with regard to Hinrichs' common law claims, neither the "fraud in the inducement" exception nor the "other property exception" to the economic loss doctrine applied to allow Hinrichs' common law claims to go forward. With regard to Hinrichs' statutory claims the Court held (1) the economic loss doctrine does not serve as a bar to claims made under section 100.18; (2) because one person can be "the public" for purposes of section 100.18(1), the court of appeals did not err in determining that dismissal for failure to meet "the public" factor of the section 100.18 claim was in error; and (3) the heightened pleading standard for claims of fraud does not apply to claims made under section 100.18 and that Hinrichs' complaint stated a claim under the general pleading standard. View "Hinrichs v. DOW Chemical Co." on Justia Law
Posted in: Antitrust & Trade Regulation, Commercial Law, Consumer Law, Contracts, Wisconsin Supreme Court
Buchholz v. Meyer Njus Tanick, PA
Buchholz received two letters about overdue payments he owed on credit accounts. The letters came from MNT law firm, on MNT’s letterhead. Each referred to a specific account but the content is identical except for information regarding that specific account. MNT attorney Harms signed both letters; Buchholz alleges that MNT must have inserted “some sort of pre-populated or stock signature.” The letters do not threaten legal action but purport to be communications from a debt collector and explain that MNT has been retained to collect the above-referenced debts. Buchholz alleges that he felt anxiety that he would be subjected to legal action if prompt payment was not made and sued under the Fair Debt Collection Practices Act, 15 U.S.C. 1692e, e(3), and e(10), asserting that MNT processes such a high volume of debt-collection letters that MNT attorneys cannot engage in meaningful review of the underlying accounts. The Sixth Circuit affirmed the dismissal of the complaint for lack of standing. Buchholz has shown no injury-in-fact that is traceable to MNT’s challenged conduct. Buchholz’s allegation of anxiety falls short of the injury-in-fact requirement; it amounts to an allegation of fear of something that may or may not occur in the future. Buchholz is anxious about the consequences of his decision to not pay the debts that he does not dispute he owes; if the plaintiff caused his own injury, he cannot draw a connection between that injury and the defendant’s conduct. View "Buchholz v. Meyer Njus Tanick, PA" on Justia Law
Patel v. Mercedes-Benz USA
Plaintiff filed suit against MBUSA under the Song-Beverly Consumer Warranty Act after the navigation system in the vehicle he leased from MBUSA experienced recurring problems. The jury found that the vehicle had a substantial impairment and that MBUSA failed to repair or replace the vehicle. Plaintiff did not lease the vehicle for his own use, but for his friend, Arjang Fayaz, who was the primary driver. The jury awarded damages solely to Fayaz. Both plaintiff and Fayaz moved for attorney fees as prevailing parties. The trial court granted the motion as to Fayaz only, and limited the award to fees incurred while Fayaz was a party to the case. The Court of Appeal reversed and held that the Act provides that successful plaintiffs are entitled to collect attorney fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action. In this case, plaintiffs successfully proved to a jury that the vehicle was defective in breach of MBUSA's express warranty, MBUSA failed to repair or replace it, and damages resulted from MBUSA's breach. Therefore, the jury award did not support the trial court's holding and the court remanded for a hearing to determine a reasonable fee award. View "Patel v. Mercedes-Benz USA" on Justia Law
Becerra v. Dr Pepper/Seven Up, Inc.
The Ninth Circuit affirmed the district court's dismissal of plaintiff's third amended complaint alleging that defendant violated various California consumer-fraud laws by branding Diet Dr Pepper using the word "diet." The panel held that, taken all together, the allegations in the complaint failed to sufficiently allege that reasonable consumers read the word "diet" in a soft drink's brand name to promise weight loss, healthy weight management, or other health benefits. The panel stated that diet soft drinks are common in the marketplace and the prevalent understanding of the term in that context is that the "diet" version of a soft drink has fewer calories than its "regular" counterpart. The panel explained that just because some consumers may unreasonably interpret the term differently does not render the use of "diet" in a soda's brand name false or deceptive. Therefore, the panel held that plaintiff failed to sufficiently allege that Diet Dr. Pepper's labeling was false or misleading and the district court properly dismissed the claim. View "Becerra v. Dr Pepper/Seven Up, Inc." on Justia Law
Dennis v. Niagara Credit Solutions, Inc.
Dennis fell behind on his debt to Washington Mutual Bank. LVNV bought the debt and Niagara Credit sent a form collection letter on LVNV’s behalf, stating: “Your account was placed with our collection agency” and that Niagara’s “client” had authorized it to offer a payment plan or a settlement of the debt in full. The letter identifies Washington Mutual as the “original creditor” and LVNV as the “current creditor.” It lists the principal and interest balances of the debt and the last four digits of the account number. Dennis filed a putative class action complaint, claiming violation of the Fair Debt Collection Practices Act by “fail[ing] to identify clearly and effectively the name of the creditor to whom the debt was owed,” 15 U.S.C. 1692g(a)(2). The Seventh Circuit affirmed the rejection of the suit on the pleadings, rejecting an argument that listing two entities as “creditor” then stating that Niagara was authorized to make settlement offers on behalf of an unknown client could likely confuse consumers. The defendants’ letter expressly identifies LVNV as the current creditor and meets the Act’s requirement of a written notice containing “the name of the creditor to whom the debt is owed.” An unsophisticated consumer will understand that his debt has been purchased by the current creditor; the letter is not abusive or unfair. Section 1692(g)(a)(2) does not require a detailed explanation of the transactions leading to the debt collector’s notice. View "Dennis v. Niagara Credit Solutions, Inc." on Justia Law
Shaw v. Bank of America Corp.
The Ninth Circuit affirmed the district court's dismissal of a Truth in Lending Act (TILA) claim for lack of subject matter jurisdiction based on the jurisdiction-stripping provisions of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA). In this case, plaintiff sought rescission of a mortgage loan under TILA, claiming that the lender provided him with defective notice of the right to cancel when the loan was signed. The panel held that FIRREA's administrative exhaustion requirement applied, and plaintiff had a claim under FIRREA because his cause of action gave right to an equitable remedy of rescission and was susceptible of resolution by FIRREA's claims process. The panel agreed with the Fourth Circuit and concluded that there was no requirement that the loan have passed through an FDIC receivership. The panel also held that plaintiff's claim related to an act or omission, the lender failed to comply with TILA, and the FDIC was appointed as receiver. However, the panel held that plaintiff failed to exhaust his administrative remedies with the FDIC because his complaint included no allegations that he presented his TILA claim to the FDIC before filing suit. Furthermore, because subject matter jurisdiction was lacking when this action was filed, plaintiff's later communications with the FDIC did not prevent dismissal of his TILA claim. Finally, the district court did not abuse its discretion in denying plaintiff’s request for further discovery. View "Shaw v. Bank of America Corp." on Justia Law
Posted in: Banking, Consumer Law, Real Estate & Property Law, US Court of Appeals for the Ninth Circuit
Collins et al. v. Athens Orthopedic Clinic, P.A.
Plaintiffs alleged in 2016, an anonymous hacker stole the personally identifiable information, including Social Security numbers, addresses, birth dates, and health insurance details, of at least 200,000 current and former patients of Athens Orthopedic Clinic (“the Clinic”) from the Clinic’s computer databases. The hacker demanded a ransom, but the Clinic refused to pay. The hacker offered at least some of the stolen personal data for sale on the so-called “dark web,” and some of the information was made available, at least temporarily, on Pastebin, a data-storage website. The Clinic notified plaintiffs of the breach in August 2016. Each named plaintiff alleges that she has “spent time calling a credit reporting agency and placing a fraud or credit alert on her credit report to try to contain the impact of the data breach and anticipates having to spend more time and money in the future on similar activities.” Plaintiffs sought class certification and asserted claims for negligence, breach of implied contract, and unjust enrichment, seeking damages based on costs related to credit monitoring and identity theft protection, as well as attorneys’ fees. They also sought injunctive relief under the Georgia Uniform Deceptive Trade Practices Act (“UDTPA”), and a declaratory judgment to the effect that the Clinic must take certain actions to ensure the security of class members’ personal data in the future. The Clinic filed a motion to dismiss based on both OCGA 9-11-12 (b) (1) and OCGA 9-11-12 (b)(6), which the trial court granted summarily. The Georgia Supreme Court concluded the injury plaintiffs alleged they suffered was legally cognizable. Because the Court of Appeals held otherwise in affirming dismissal of plaintiffs’ negligence claims, the Supreme Court reversed that holding. Because that error may have affected the Court of Appeals’s other holdings, the Court vacated those other holdings and remanded the case. View "Collins et al. v. Athens Orthopedic Clinic, P.A." on Justia Law
Posted in: Civil Procedure, Consumer Law, Health Law, Internet Law, Personal Injury, Supreme Court of Georgia