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January 1, 2020 was the effective date for the California Consumer Privacy Act (CCPA).  As we reported and summarized in our Q1 2020 CCPA Litigation Round-Up, private litigants wasted no time in filing consumer-related causes of action under the new law.

Here, we provide an update on material developments in that first wave of claims and report on additional private lawsuits commenced in the first half of the year.  We have further categorized the recently-filed cases based on those stemming from a data breach versus not.  In the latter category, the cases are further split based on the underlying alleged violations – last quarter, non-breach based claims related to the disclosures and opt-out mechanisms required by the CCPA as well as the scope of “personal information” covered by the CCPA.

1. Update on Cases Reported in Q1 2020…

Continue Reading CCPA Litigation Round-Up: Q2 2020

The California Consumer Privacy Act (CCPA) took effect January 1, 2020.  While the California Attorney General’s enforcement authority is delayed until July 1, private litigants have already started to file direct claims under the CCPA as well as other consumer-related causes of actions predicated on alleged CCPA violations.  Notably, the California Attorney General takes the…

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On February 1, 2016, the U.S. District Court for the District of Massachusetts dismissed  a consumer class action alleging that Kohl’s Department Stores advertises false sale prices. The plaintiff in Mulder v. Kohl’s Department Stores, Inc., 15-cv-11377 (D. Mass.), asserted causes of action for fraud, breach of contract, unjust enrichment, and violations of the…

The Federal Trade Commission (“FTC”) announced settlements with three mattress manufacturers last week that prohibit the manufacturers from making claims that their products are free from volatile organic compounds (“VOCs”) absent competent and reliable scientific evidence.

The companies involved – Relief-Mart, Inc., Essentia Natural Memory Foam Company, Inc., Ecobaby Organics, Inc. – are all alleged…

On March 27, 2013, the Supreme Court held five to four in Comcast Corp. v. Behrend, No. 11-864 (Mar. 27, 2013) that the district court improperly granted certification in an antitrust class action because of the plaintiff’s failure to provide a damages model capable of measuring damages on a classwide basis. While the dissent…

Last month, in Gaul v. Bayer Healthcare LLC, the U.S. District Court for the District of New Jersey dismissed a class action lawsuit predicated on a National Advertising Division (“NAD”) decision that found that substantiation for Bayer Healthcare’s labeling claims was unreliable. The District Court relied heavily on a 2010 Third Circuit decision &ndash…