Justia Consumer Law Opinion Summaries

TelTech Systems, Inc.’s SpoofCard service, a prepaid minutes-based calling service, enables customers to disguise the phone number from which they place calls. In 2009, a customer placed several phone calls to Appellant using SpoofCard and, posing as someone else, made a series of sexually harassing comments to Appellant. Appellant sued TelTech under Massachusetts’s consumer protection statute. The district court granted summary judgment for TelTech, concluding that no reasonable jury could find that TelTech’s actions caused Appellant’s injuries. The First Circuit affirmed, holding that the district court did not err in ruling that, on this record, TelTech was entitled to summary judgment on Appellant’s state law claim. View "Walsh v. Teltech Systems, Inc." on Justia Law

Three putative class action complaints alleged that Defendants engaged in deceptive marketing and advertising about the health benefits of certain “barefoot” running shoes. The district court preliminary approved a settlement and certified a class for settlement purposes only. Notice was subsequently distributed to the class, and some 154,927 timely claims were filed. Objections were filed by three individuals, none of whom complied with the requirement in the proposed settlement agreement that proof of purchase must be submitted with an objection to establish class membership. The district court rejected the objectors’ claims, approved the proposed settlement, and awarded attorneys’ fees and expenses to class counsel. The First Circuit affirmed, holding (1) there was no misrepresentation in the notices sent to class members; (2) the settlement was fair, reasonable, and adequate; (3) the district court did not abuse its discretion in concluding that injunctive relief was a valuable contribution to the settlement agreement; and (4) there was no abuse of discretion in the district court’s award of attorneys’ fees. View "Bezdek v. Vibram USA, Inc." on Justia Law