Tag Archives: California

California Last State to Join Multistate Settlement of Western Union Fraud Schemes

Last week, California became the 50th state to join the multistate settlement with Western Union over its alleged complicity in fraud-induced wire transfers.  This followed Western Union’s $5 million agreement with 49 state and the District of Columbia for costs and fees in January, not to mention a whopping $586 million in settlement agreements with the … Continue Reading

California Choice of Law Provision Defeats Claim Under NJ Consumer Protection Law

On Monday, a California federal judge enforced the California choice-of-law clause in Facebook’s online terms of use, and on that basis refused to consider the claims of a New Jersey resident that aspects of those terms of use violated New Jersey’s consumer contract disclosure law, the Truth-in-Consumer Contract, Warranty, and Notice Act (“TCCWNA”).  The decision … Continue Reading

California Enacts Three Bills Amending Breach Notification Statute

Last week, California Governor Jerry Brown signed into law three bills that revise California’s data breach notification statute. The bills, which take effect January 1, 2016, establish specific formatting requirements for the consumer breach notice letter; define “encrypted”; and create notice, security, and privacy obligations for data captured by automated license plate recognition (ALPR) systems. … Continue Reading

Dumbing Down Your Smart TV: California Prohibits the Use of Voice Recognition for Advertising Purposes

Last week, California Governor Jerry Brown signed into law A.B. 1116, prohibiting manufacturers’ use of smart televisions’ voice recognition feature for advertising purposes. Effective January 1, 2016, consumers must be “prominently informed” during initial set-up or installation of the operation of a voice recognition feature, and any recordings collected through the operation of the feature cannot be sold … Continue Reading

Comcast to Pay $33.4 Million for the Unauthorized Disclosure of Customer Contact Information

Yesterday, the California Public Utilities Commission announced it had approved a $33.4 million settlement with Comcast, which resolves allegations that, due to vendor switches, the company disclosed and published the contact information – name, address, and telephone number – of almost 75,000 California customers. Although the information published included contact information only, the affected customers … Continue Reading

Lands’ End Requests Dismissal of “Made in U.S.A.” Class Action After Reimbursing Plaintiff

Last week, Lands’ End tried a second time to dismiss a “Made in U.S.A.” class action with the novel argument that, because the company had already reimbursed the plaintiff for the necktie she purchased, she is not injured and lacks standing. As background, in October 2014, plaintiff Elaine Oxina filed the putative class action in … Continue Reading

California Bill Would Complicate Labeling Requirements for Children’s Products

California state law bill SB 763 has stayed relatively under the radar since its introduction in February 2015.  However, with recent traction in the state legislature – including passage in the Senate in June and passage in three Assembly Committees in July – this bill is definitely worth a second look. SB 763 would require manufacturers … Continue Reading

In Pricing Case, California Court Determines Meaning of “Free” Shipping

In the Overstock.com case described in the post yesterday, the plaintiff also argued that Overstock’s representations that shipping was “free” or “only $2.95” violated California’s False Advertising Law because the company factored the full cost of shipping into the underlying product price. The court ruled in Overstock’s favor, determining that the claim was “nonsensical,” and … Continue Reading

California Court Imposes $6.82 Million Civil Penalty in Comparative Pricing Action

Still recovering from the holiday sales? If you’re a retailer or a manufacturer pricing your own products, don’t forget about the state laws governing promotional pricing and deceptive pricing claims. The state of California certainly hasn’t – on Friday, a California judge issued an almost $6.82 million civil penalty against Overstock.com via a tentative ruling and … Continue Reading
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