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Littlejohn sought to sue Costco, the California Board of Equalization, and Abbott to recover sales tax on purchases of Abbott’s product Ensure. Littlejohn alleged that Ensure is properly categorized as a food; no sales tax was actually due on his purchases; Costco was under no obligation to pay and should not have paid sales tax on its sales of Ensure. The complaint alleged that during the period in question Ensure was classified as a food product exempt from sales tax, not a nutritional supplement. Littlejohn based his claim on a 1974 California Supreme Court decision, Javor. The trial court concluded that the judicially noticed documents in the record showed the Board had not resolved the question of whether Ensure was nontaxable during the relevant period.. The court held that the documents were entitled to deference, but did not have the same force of law as Board regulations and were not binding. The court of appeal affirmed, reasoning that the case does not involve allegations of unique circumstances showing the Board has concluded consumers are owed refunds for taxes paid on sales of Ensure. A Javor remedy should be limited to the unique circumstances where the plaintiff shows that the state has been unjustly enriched by the overpayment of sales tax, and the Board concurs that the circumstances warrant refunds. View "Littlejohn v. Costco Wholesale Corp." on Justia Law

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These appeal arose from the dismissal of three consumer actions based on Virginia state law claims against Hyundai, regarding misrepresentations the company made regarding EPA estimated fuel economy for the Hyundai Elantra. The Western District of Virginia dismissed with prejudice the claims in all three actions, except one claim in the Gentry action. The Fourth Circuit dismissed the Gentry appeal for lack of jurisdiction because one claim remained pending before the district court. The court affirmed the district court's dismissal of the Adbul-Mumit and Abdurahman actions for failure to satisfy federal pleading standards. The court also affirmed the denial of plaintiffs' post-dismissal request for leave to amend their complaints in those actions. View "Adbul-Mumit v. Alexandria Hyundai, LLC" on Justia Law

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The Ninth Circuit affirmed the district court's grant of summary judgment in favor of State Farm in an action alleging violations of procedural requirements under the Fair Credit Reporting Act (FCRA). Specifically, plaintiff alleged that State Farm was required to provide a job applicant with a copy of his consumer credit report, notice of his FCRA rights, and an opportunity to challenge inaccuracies in the report. The panel held that plaintiff waived any challenge to the admissibility of a declaration, which was the only source of admissible proof as to why plaintiff's credit report would have disqualified him from acceptance in the Agency Career Track program. The panel also held that plaintiff lacked Article III standing because he failed to show how the specific violation of 15 U.S.C. 1681b(b)(3)(A) alleged in the complaint actually harmed or presented a material risk of harm to him. View "Dutta v. State Farm Mutual Automobile Insurance Co." on Justia Law

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Knopick purchased a Jayco recreational vehicle from an independent Iowa dealer for $414,583, taking title through an LLC he alone controlled. Jayco’s two-year limited manufacturer’s warranty disclaims all implied warranties and “does not cover … any RV used for rental or other commercial purposes,” explains that an RV is “used for commercial and/or business purposes if the RV owner or user files a tax form claiming any business or commercial tax benefit related to the RV, or if the RV is purchased, registered or titled in a business name,” and states that performance of repairs excluded from coverage are "goodwill" repairs and do not alter the warranty. Almost immediately, Knopick claims, the RV leaked, smelled of sewage, had paint issues, and contained poorly installed features, including bedspreads screwed into furniture and staples protruding from the carpet. Knopick drove it to Jayco’s Indiana factory for repairs. He later picked up the RV to drive to his Texas home. Concerned about continuing problems, Knopick left it at a Missouri repair facility, from which a Jayco driver took it to Indiana for further repairs. Jayco later had a driver deliver the coach to Knopick in Arkansas. Knopick remained unsatisfied and sued for breach of warranty under state law and the Magnuson-Moss Warranty Act, 15 U.S.C. 2301. The Seventh Circuit affirmed summary judgment for Jayco, finding that Knopick had no rights under the warranty because the RV was purchased by a business entity. View "Knopick v. Jayco, Inc." on Justia Law

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The Second Circuit reversed the district court's grant of partial summary judgment for plaintiff on her claim that Time Warner knowingly or willfully violated the Telephone Consumer Protection Act of 1991, 47 U.S.C. 227, by using an "automatic telephone dialing system" to call her cell phone 153 times without her consent. The court held that the district court's analysis was based on an incorrect interpretation of the statutory text where the district court relied primarily on a Declaratory Ruling and Order issued by the FCC in 2015 that has since been invalidated by the D.C. Circuit. When the court considered the statute independently, without an administrative interpretation to defer to, the best interpretation of the statutory language was the one suggested by the D.C. Circuit's discussion in ACA Int'l v. FCC, 885 F.3d 687, 699 (D.C. Cir. 2018): in the TCPA's definition of an autodialer, a device's "capacity" referred to its current functions absent additional modifications, regardless of whether those functions were in use during the offending call. Accordingly, the court remanded for the district court to develop the factual record and to apply the appropriate standard. View "King v. Time Warner Cable Inc." on Justia Law

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The Eleventh Circuit affirmed the district court's grant of summary judgment for Wells Fargo, a mortgage servicer, in an action alleging that Wells Fargo failed to conduct a reasonable investigation into the accuracy of its credit reporting of her mortgage loan, in violation of the Fair Credit Reporting Act (FCRA). The court held that plaintiff could not prevail on her claim against Wells Fargo under section 1681s-2(b) of the FCRA without identifying some fact in the record establishing that the information Wells Fargo reported regarding her account was inaccurate or incomplete. In this case, regardless of whether plaintiff may have been confused about how her account would be reported to the credit rating agencies, and whether Wells Fargo could have better explained to her how the account would be reported, she did not meet her payment obligations under the note. Finally, any omissions did not render plaintiff's credit report misleading. View "Felts v. Wells Fargo Bank, N.A." on Justia Law

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At issue was whether Title 940 Code Mass. Regs. 7.04(1)(f) (the regulation), implementing Mass. Gen. Laws. ch. 93A, 2, which prohibits creditors from contacting a debtor via telephone, either in person or via text messaging or recorded audio message, in excess of two communications in each seven-day period, applies to creditors who use automatic dialing services or voluntarily decide not to leave voicemail messages. Creditors are exempt under the regulation when they are “truly unable to reach the debtor or to leave a message for the debtor.” Plaintiff commenced this action alleging that Defendant violated the regulation by telephoning her more than two times in a seven-day period in order to collect a debt. Defendants maintained that they did not “initiate” any communications within the meaning of the regulation because they telephoned Plaintiff with an automatic dialing device and that their telephone calls did not constitute “communications” because Defendants did not leave voicemail messages. A superior court judge granted summary judgment for Defendants. The Supreme Judicial Court reversed, holding that Defendants were not exempt from the regulation. View "Armata v. Target Corp." on Justia Law

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Plaintiff bought a Gilbert, Arizona home in 2004. She was required to pay the Community Association an annual assessment in monthly installments. Defendants notified Plaintiff in 2009 of her failure to pay a debt arising out of the assessment. Defendants represented the Association in suing Plaintiff. After Plaintiff defaulted on a payment agreement, Defendants revived the lawsuit and obtained a default judgment. The parties agreed to a new payment plan and to execute a stipulated judgment against Plaintiff that recognized the Association’s right to collect the debt by selling Plaintiff’s home. Plaintiff failed to make the required payments. The Maricopa Superior Court granted a writ of special execution for foreclosure on Plaintiff’s house. The property was sold for $75,000 at a foreclosure sale, and Defendants received $11,600.13 in satisfaction of the debt, including attorneys’ fees and costs. The district court rejected Plaintiff’s claim that Defendants violated the Fair Debt Collection Practices Act by misrepresenting the amount of Plaintiff’s debt and seeking attorneys’ fees to which they were not entitled. The Ninth Circuit reversed. Defendants’ effort to collect homeowner association fees through judicial foreclosure constitutes “debt collection” under the Act, 15 U.S.C. 1692a(5). In Arizona, requests for post-judgment attorneys’ fees must be made in a motion to the court. No court had yet approved the quantification of the “accruing” attorneys’ fees claimed by Defendants; Defendants falsely represented the legal status of this debt. View "McNair v. Maxwell & Morgan PC" on Justia Law

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The Amex credit card companies use a two-sided transaction platform to serve cardholders and merchants. Unlike traditional markets, two-sided platforms exhibit “indirect network effects,” because the value of the platform to one group depends on how many members of another group participate. Two-sided platforms must take these effects into account before making a change in price on either side, or they risk creating a feedback loop of declining demand. Visa and MasterCard have structural advantages over Amex. Amex focuses on cardholder spending rather than cardholder lending. To encourage cardholder spending, Amex provides better rewards than the other credit-card companies. Amex continually invests in its cardholder rewards program and must charge merchants higher fees than its rivals. To avoid higher fees, merchants sometimes attempt to dissuade cardholders from using Amex cards (steering). Amex places anti-steering provisions in its contracts with merchants. The Supreme Court affirmed the Second Circuit in rejecting claims that Amex violated section 1 of the Sherman Antitrust Act, which prohibits "unreasonable restraints” of trade. Applying the "rule of reason" three-step burden-shifting framework, the Court concluded the plaintiffs did not establish that Amex’s anti-steering provisions have a substantial anticompetitive effect that harms consumers in the relevant market. Evidence of a price increase on one side of a two-sided transaction platform cannot, by itself, demonstrate an anticompetitive exercise of market power; plaintiffs must prove that Amex’s anti-steering provisions increased the cost of credit-card transactions above a competitive level, reduced the number of credit-card transactions, or otherwise stifled competition. They offered no evidence that the price of credit-card transactions was higher than the price one would expect in a competitive market. Amex’s increased merchant fees reflect increases in the value of its services and the cost of its transactions, not an ability to charge above a competitive price. The Court noted that Visa and MasterCard’s merchant fees have continued to increase, even where Amex is not accepted. The market actually experienced expanding output and improved quality. View "Ohio v. American Express Co." on Justia Law

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Defendants are the nation’s largest distributors of pre-filled propane exchange tanks, which come in a standard size. Before 2008, Defendants filled the tanks with 17 pounds of propane. In 2008, due to rising prices, Defendants reduced the amount in each tato 15 pounds, maintaining the same price. Plaintiffs, indirect purchasers, who bought tanks from retailers, claimed this effectively raised the price. In 2009, plaintiffs filed a class action alleging conspiracy under the Sherman Act. Plaintiffs settled with both Defendants. In 2014, the Federal Trade Commission issued a complaint against Defendants, which settled in 2015 by consent orders, for conspiring to artificially inflate tank prices. In 2014, another group of indirect purchasers (Ortiz) brought a class action against Defendants, alleging: “Despite their settlements, Defendants continued to conspire, and ... maintained their illegally agreed-upon fill levels, preserving the unlawfully inflated prices." The Ortiz suit became part of a multidistrict proceeding that included similar allegations by direct purchasers (who bought tanks directly from Defendants for resale). The Eighth Circuit reversed the dismissal of the direct-purchaser suit as time-barred, holding that each sale in a price-fixing conspiracy starts the statutory period running again. The court subsequently held that the indirect purchasers inadequately pled an injury-in-fact and lack standing to pursue an injunction to increase the fill levels of the tanks and may not seek disgorgement of profits. View "Ortiz v. Ferrellgas Partners, L.P." on Justia Law