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9th Circuit: Plaintiff In Privacy Invasion Suit Should Be Allowed To Amend

SAN FRANCISCO - A California man failed to present his invasion of privacy class suit against a security system provider in a sufficient manner in which to survive a summary judgment motion; however, he should be given a chance to amend his complaint ...read more

Judge: No Coverage For Claims Arising From Alleged 'Foreclosure Rescue Enterprise'

BALTIMORE - An underlying complaint alleging that an insured violated the Protection of Homeowners in Foreclosure Act (PHIFA) and the Maryland Consumer Protection Act (CPA) failed to state any covered claims under a service and technical professional ...read more

Celexa/Lexapro MDL Judge Denies Class Certification For Underage Patients

BOSTON - A Massachusetts federal judge on Feb. 5 denied class certification of classes of underage patients who were allegedly prescribed the antidepressants Celexa and Lexapro for off-label uses in violation of state consumer protection laws (In Re: ...read more

California High Court Rules Apple May Ask For ITunes Users' Phone Numbers

SAN FRANCISCO - In a deeply divided ruling, a California Supreme Court majority on Feb. 4 held that the state's credit card privacy laws do not prohibit online retailers from requiring customers to provide certain information, such as phone numbers ...read more

11th Circuit Affirms Cybersquatting, Infringement Findings

ATLANTA - A Florida federal judge did not err in granting summary judgment on behalf of two plaintiffs in their dispute with a former business partner on allegations of trademark infringement and violations of the Anticybersquatting Consumer Protection ...read more

Consumer Judicially Estopped From Pursuing Debt Collection Suit, Judge Rules

ST. LOUIS - A consumer may not sue a debt collector for alleged violations of the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA) because he failed to bring the claims in his bankruptcy schedules, a federal ...read more

Judge: No Professional Liability Coverage For Claims Against Insurance Agents

COLUMBIA, S.C. - Underlying claims for violation of the Telephone Consumer Protection Act (TCPA) and conversion against insurance agents are not covered under an agents and brokers professional liability insurance policy, a South Carolina federal judge ...read more

Judge Denies Dismissal In Telephone Consumer Protection Act Lawsuit

ST. LOUIS - A federal judge in Missouri on Feb. 19 ruled that dismissal of a consumer's lawsuit against a debt collector for alleged violations of the Telephone Consumer Protection Act (TCPA) is not warranted because the consumer has standing to bring ...read more

Merck Pays $8.25M To Settle Pa. Suit Alleging Failure To Disclose Vioxx Risks

HARRISBURG, Pa. - Merck, Sharp & Dohme has agreed to pay $8.25 million to settle a state court lawsuit by Pennsylvania alleging that the company violated consumer protection, Medicaid and drug benefit laws by failing to disclose the risks of the prescription ...read more

Credit Card Agreement Permits Call Recording, Federal Judge Rules

SAN DIEGO - A federal judge in California on Feb. 26 dismissed a putative class action alleging that FIA Card Services, National Association (FIA) invaded consumers' privacy by recording phone conversations, ruling that the consumers' credit card ...read more

Panel Partly Reverses Ruling In Coverage Dispute Prompted By Defective Contacts

DETROIT - A Michigan appeals panel on Feb. 28 affirmed a lower court's ruling that a commercial insurer has a duty to defend and indemnify its dollar-store insured against products liability and negligence claims but held that the lower court erred ...read more

7th Circuit Finds No Merit To Misappropriation Claim Based On Google Search

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on March 6 sustained dismissal of a Wisconsin woman's misappropriation and privacy complaint against Google Inc. based on the search engine operator's purported use of her name in search ...read more

LinkedIn Privacy Suit Dismissed For Lack Of Standing

SAN JOSE, Calif. - A California federal judge on March 6 dismissed for lack of standing a class complaint accusing an online networking site of various privacy violations after a hacker allegedly accessed and posted users' email addresses and passwords; ...read more

Fracking Suit Settlement Unsealed In Pennsylvania; Access To Court Records Upheld

WASHINGTON, Pa. - A confidential settlement agreement between a Washington County, Pa., family and natural gas extraction companies was unsealed by a Pennsylvania Court of Common Pleas for Washington County judge March 20 on the grounds that businesses ...read more

Dismissal Of SEC Suit Under Dodd-Frank Act Not Proper, Federal Judge Rules

NEW YORK - Dismissal of a Securities and Exchange Commission enforcement action is not proper on the basis that the SEC failed to comply with a Dodd-Frank Wall Street Reform and Consumer Protection Act rule that it seek commission approval of extensions ...read more

Judge Finds Attempt To Collect Visa Debt Was Abusive

ST. LOUIS - A Missouri federal judge on April 1 awarded summary judgment to a man complaining that the attempted collection of a Target Visa debt violated the Fair Debt Collections Practices Act (FDCPA) and Telephone Consumer Protections Act (TCPA), finding ...read more

Shareholder Failed To State Claims In Say-On-Pay Suit, Federal Judge Rules

CHICAGO - A company's board of directors did not breach its fiduciary duty by failing to disclose certain information under the Dodd-Frank Wall Street Reform and Consumer Protection Act prior to conducting an executive "say on pay" vote ...read more

4th Circuit Affirms Cybersquatting Ruling Against Operator Of 'Travellers" Site

RICHMOND, Va. - Noting "cogent reasoning" by a lower court, a Fourth Circuit U.S. Court of Appeals panel on April 4 affirmed a ruling that a man"s registration and use of the Internet domain travellers.com violated an insurer"s trademark ...read more

Judge Grants Stay In Consumer Protection Suit Against McGraw-Hill, S&P

HARRISBURG, Pa. - A federal judge in Pennsylvania ruled April 5 that The McGraw-Hill Cos. Inc. and its subsidiary, Standard & Poor's Financial Services LLC (S&P), are entitled to a stay of proceedings in a consumer protection and unfair trade ...read more

Colorado High Court Orders Lower Court To Address Privacy In Discovery Ruling

DENVER - The Colorado Supreme Court on April 15 vacated a ruling requiring a defendant in a misappropriation of trade secrets case to turn over his personal computers, smart phones and three years' worth of phone records, after finding that the trial ...read more

Insurer Had No Independent Duty To Investigate Unfair Trade Claims, Judge Finds

BILLINGS, Mont. - A Montana federal judge on April 26 ruled that a professional liability insurer did not neglect to attempt settlement of an underlying debt collection dispute in good faith in violation of Montana's Unfair Trade Practices and Consumer ...read more

Split 4th Circuit Says BAPCPA Does Not Bar Lien-Stripping For Chapter 20 Debtors

RICHMOND, Va. - A split panel of the Fourth Circuit U.S. Court of Appeals on May 10 ruled that a bankruptcy court properly affirmed a debtor's Chapter 13 payment plan despite the trustee's argument that "lien-stripping" was barred by ...read more

Judge Partly Rules In Insurer's Favor In Suit Over $2.5M Bankruptcy Judgment

SCRANTON, Pa. - A federal judge in Pennsylvania on May 28 entered summary judgment in part in favor of an errors and omissions insurer in a declaratory judgment action arising from a $2.5 million bankruptcy judgment against its insured, finding that the ...read more

Settlement Approved In AOL Search Query Privacy Class Action

ALEXANDRIA, Va. - In a May 24 order and judgment, a Virginia federal judge approved a settlement agreement between Internet service provider AOL Inc. and a class of AOL users who had their search queries disclosed in a 2006 posting (Sandra Landwehr v ...read more

Vermont Judge Fines R.J. Reynolds $8.32 Million For Consumer Violations

BURLINGTON, Vt. - A Vermont judge fined R.J. Reynolds Tobacco Co. (RJR) $8,328,000 June 3 for violations of the state's consumer protection laws and the national tobacco Master Settlement Agreement (MSA) in the marketing of its Eclipse as safer than ...read more