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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
De La Torre v. CashCall, Inc.
That loans over $2,500 'are not subject to a numerical ceiling on the interest rate does not mean that they cannot be found unconscionable.' 		Consumer Law CASC Aug. 14, 2018
Modification: Littlejohn v. Costco Wholesale Corp.
Trial court properly sustained defendants' demurrer where consumer sought reimbursement of taxes from the Board of Equalization as to sales tax on an alleged food item. 		Consumer Law 1DCA/3 Aug. 7, 2018
Hansen v. Newegg.com Americas
Sustention of demurrer for lack of standing to bring claims under unfair competition law and false advertising law reversed where plaintiff relied on misrepresentation to purchase products he would not have purchased but for misrepresentation. 		Consumer Law 2DCA/7 Aug. 2, 2018
True Health Chiropractic v. McKesson
Judgment declining class certification partially reversed where certain class claims satisfy Rule 23(b)(3)’s predominance requirement. 		Consumer Law 9th Jul. 18, 2018
Littlejohn v. Costco Wholesale Corp.
Trial court properly sustained defendants' demurrer where consumer sought reimbursement of taxes from the Board of Equalization as to sales tax on an alleged food item. 		Consumer Law 1DCA/3 Jul. 17, 2018
McNair v. Maxwell & Morgan
Summary judgment for defendants reversed and remanded in part where court incorrectly concludes that defendants are not 'debt collectors' under Fair Debt Collection Practices Act. 		Consumer Law 9th Jun. 26, 2018
Hodsdon v. Mars, Inc.
Dismissal of unfair competition law suit based on child labor in chocolatier's supply. 		Consumer Law 9th Jun. 5, 2018
Daniel v. National Park Service
Dismissal finding Fair Credit Reporting Act does not waive federal government’s sovereign immunity affirmed where act is ambiguous as to whether it waives such immunity. 		Consumer Law 9th May 31, 2018
Shaw v. Experience Information Solutions
Claims under 15 U.S.C. Sections 1681e and 1681i fail where plaintiff asserting claims fails to show inaccurate reporting. 		Consumer Law 9th May 30, 2018
Amended Opinion: Davidson v. Kimberly-Clark Corp.
Consumer alleging fraud has standing to pursue injunctive relief where consumer faces 'imminent or actual threat of future harm.' 		Consumer Law 9th May 10, 2018
Echlin v. PeaceHealth
A company who tried to collect patients' debts and meaningfully participated in efforts to collect said debts did not violate the Fair Debt Collection Practices Act. 		Consumer Law 9th Apr. 18, 2018
Amended Opinion: Jones v. Royal Administration Services Inc.
Company cannot be held vicariously liable for telemarketers' Telephone Consumer Protection Act violations because telemarketers were not its agents, but were independent contractors. 		Consumer Law 9th Apr. 5, 2018
City and County of San Francisco v. HomeAway.com, Inc.
Order granting administrative subpoena affirmed where subpoena complies with provisions of the Stored Communications Act. 		Consumer Law 1DCA/4 Mar. 30, 2018
Fober v. Management and Technology Consultants LLC
Summary judgment in favor of defendant affirmed where plaintiff consents to calls from an automatic telephone dialing system. 		Consumer Law 9th Mar. 30, 2018
Modification: Gutierrez v. Carmax Auto Superstores California
The omission of a material fact is actionable under the Consumer Legal Remedies Act where the facts actually disclosed by a defendant are misleading given the facts they concealed. 		Consumer Law 5DCA Feb. 26, 2018
Rojas v. HSBC Card Services
Where employer automatically records all calls made by employees, such recording is intentional under the Privacy Act of 1967. 		Consumer Law 4DCA/1 Feb. 13, 2018
Gutierrez v. Carmax Auto Superstores California
The omission of a material fact is actionable under the Consumer Legal Remedies Act where the facts actually disclosed by a defendant are misleading given the facts they concealed. 		Consumer Law 5DCA Feb. 1, 2018
Kristensen v. Credit Payment Services Inc.
Defendants not vicariously liable under ratification theory where party who violated Telephone Consumer Protection Act is not agent of defendant and did not purport to be agent. 		Consumer Law 9th Jan. 11, 2018
Kirzhner v. Mercedes-Benz USA, LLC
Lemon law restitution provision does not require defendant to cover plaintiff's registration renewal charges as to defective car. 		Consumer Law 4DCA/3 Dec. 14, 2017
Noel v. Thrifty Payless, Inc.
To certify a class brought under Unfair Competition and False Advertising law, the means of identifying potential class members must be articulated and supported with evidence. 		Consumer Law 1DCA/4 Dec. 6, 2017
Flores v. Southcoast Automotive Liquidators, Inc. et al.
Remedies under the Consumer Legal Remedies Act are cumulative of other statutory or common law rights. 		Consumer Law 2DCA/5 Nov. 29, 2017
Arellano v. Clark County Collection Service LLC
Debt collector cannot evade Fair Debt Collection Practices Act's restrictions by strategically forcing debtor's claims to be auctioned, erroneously resulting in dismissal of debtor's FDCPA action. 		Consumer Law 9th Nov. 20, 2017
Davidson v. Kimberly-Clark Corp.
Consumer alleging fraud has standing to pursue injunctive relief where consumer faces 'imminent or actual threat of future harm.' 		Consumer Law 9th Oct. 23, 2017
In re Henson
Verizon subscribers victorious in challenging order staying putative class action and compelling arbitration in action against mobile advertising middle-man. 		Consumer Law 9th Sep. 6, 2017
Rubenstein v. The Gap Inc.
Plaintiff’s claim under the Consumers Legal Remedies Act fails where Plaintiff’s complaint fails to allege that defendant misrepresented its products. 		Consumer Law 2DCA/1 Aug. 28, 2017
Los Angeles Lakers Inc. v. Federal Insurance Co.
Claim under Telephone Consumer Protection Act is fundamentally invasion of privacy claim; insurer properly denied coverage under policy broadly excluding actions arising from invasion of privacy. 		Consumer Law 9th Aug. 24, 2017
Afewerki v. Anaya Law Group
False statement that causes ‘the least sophisticated debtor to suffer a disadvantage’ in his or her plan of action ‘in response to the collection effort’ is a material false statement that violates the FDCPA. 		Consumer Law 9th Aug. 21, 2017
Jones v. Royal Administration Services Inc.
Company cannot be held vicariously liable for telemarketers’ Telephone Consumer Protection Act violations because telemarketers were not its agents, but were independent contractors. 		Consumer Law 9th Aug. 10, 2017
Henson v. Santander Consumer USA Inc.
Defaulted debt purchaser that collects debts on its own behalf does not qualify as a 'debt collector' under Fair Debt Collection Practices Act. 		Consumer Law Jun. 12, 2017
Ho v. ReconTrust Co.
Action properly dismissed where trustee of California deed of trust is not a 'debt collector' under Fair Debt Collection Practices Act. 		Consumer Law May 23, 2017
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