Mealey's California Section 17200 : Mealey's : Legal News & Analysis

Mealey's California Section 17200

February 12, 2025
Precious Metals Company Data Breach Class Claims Dismissed By Plaintiff

DALLAS — A putative class action plaintiff filed a notice of voluntary dismissal in Texas federal court of his lawsuit accusing a Texas-based precious metals refiner of violating California’s unfair competition law (UCL) and other consumer protection laws by failing to take cybersecurity measures to stop a data breach that allowed access to the personally identifiable information (PII) of himself and class members.
February 12, 2025
Fortra Data Breach MDL Judge OK’s 1 Settlement, Stays Case For Global Settlement

MIAMI — The Florida federal judge overseeing the multidistrict litigation over a 2023 software app data breach granted final approval to the settlement of one of the MDL’s tracks on Feb. 11, while staying proceedings for the remaining parties while details of an announced global settlement are finalized.
July 22, 2024
Claims Trimmed From Remanded Crypto Wallet Data Breach Suit

SAN FRANCISCO — A cryptocurrency wallet firm and two of its business partners saw their motions to dismiss a suit over a 2020 data breach partly granted, as a California federal judge found some claims to be preempted by a forum selection clause and others to be insufficiently pleaded.
February 12, 2025
Judge Dismisses Contractor, Allows Only UCL Claim In Crypto Wallet Data Breach Row

SAN FRANCISCO — A California federal judge granted a subcontractors’ motion to dismiss claims against it related to a crypto wallet data breach incident after finding the claims fall under a forum selection clause requiring exclusive jurisdiction in France despite it being a nonsignatory to the contract, but declined to dismiss the plaintiffs’ putative class claim accusing the French parent company of violating California’s unfair competition law (UCL).
February 12, 2025
Final Attorney Fees Award Granted In Decade-Old Defective Flooring Class Suit

SAN FRANCISCO — More than four years after a class action settlement over defective bamboo flooring sold by Lumber Liquidators Inc. received final approval, a California federal judge granted a motion by class counsel for a final attorney fees award of $863,919.82, representing 25% of the value of store vouchers redeemed by class members in the last two years.
February 11, 2025
Gun Safe Defect Putative Class Claims Dismissed Without Prejudice

SACRAMENTO, Calif. — A California federal judge dismissed for lack of jurisdiction a putative class action against a manufacturer of gun safes with biometric locks and a retailer that sold the products for allegedly violating California consumer protection laws by selling defective gun safes that on dozens of occasions were unlocked and allowed unauthorized access, in one incident leading to the death of a child.
February 07, 2025
Panel Affirms Dismissal Of Borrower’s UCL Suit For Denied Loan Modification

SAN DIEGO — A Fourth District California Court of Appeal Division I panel affirmed a trial court’s entry of judgment on the pleadings and summary judgment on a borrower’s claims that her loan servicer violated California’s unfair competition law (UCL) and California home loan laws and violated her privacy by sharing her loan modification information with a third party.
February 05, 2025
Privacy Suit Over Mental Health Site’s Data Sharing Mostly Survives Dismissal

PHOENIX — Two users of a mental health firm’s website adequately pleaded putative class claims for wiretapping, unfair competition and privacy over the site operator’s use of Meta Platforms Inc’s Pixel to collect and share users’ personal data, an Arizona federal judge ruled, mostly denying the operator’s dismissal motion.
February 05, 2025
9th Circuit Hears Oral Argument In Antitrust Dispute Over Google Play App Monopoly

SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals heard oral argument in an antitrust dispute over a lower court’s entry of judgment in favor of Epic Games Inc. and issuance of an injunction, which among other things prohibits Google from requiring the use of Google Play Billing in apps distributed on Google Play Store.
February 04, 2025
Plastic Surgeon Allegedly Failed To Protect Patient Data And Nude Photos From Hackers

LOS ANGELES — Eight patients on Feb. 3 filed suit in California federal court accusing a plastic surgeon and his medical practice of violating California’s unfair competition law (UCL) and other laws by failing to protect their data or prevent a cyberattack by hackers who obtained data including nude photographs of patients, some of which the hackers have allegedly posted online.
February 04, 2025
Judge Orders Jurisdictional Inquiry In ‘Drip Pricing’ Suit Against Flower Company

CHICAGO — An Illinois federal judge on Feb. 3 ordered a jurisdictional inquiry in a putative class action lawsuit filed by a California resident who accuses an Illinois floral arrangement delivery company of engaging in the practice of “drip pricing,” specifically by allegedly adding a undisclosed “surprise fee” of $19.99 to customers’ orders at the last step of a complicated purchase process in violation of California consumer protection laws, including the unfair competition law (UCL).
February 03, 2025
Class Claims Over Trans Fats In Packaged Ramen Dismissed With Prejudice

LOS ANGELES — A California federal judge denied a consumer’s amended motion for class certification in her lawsuit accusing a packaged ramen maker of concealing the presence of trans fats in its products in violation of California’s unfair competition law (UCL) and then dismissed the lawsuit with prejudice after finding the plaintiff had failed to resolve previously identified deficiencies in her class claims.
February 03, 2025
User Dismisses Class Suit Claiming LinkedIn Trained AI On Users’ Private Messages

SAN FRANCISCO — Less than two weeks after filing a putative class action in California federal court accusing LinkedIn of violating federal law and California’s unfair competition law (UCL) by accessing its premium users’ private messages to train artificial intelligence models without their consent, the plaintiff, a premium user of LinkedIn’s professional networking and social media site, filed a notice of voluntary dismissal without prejudice.
January 30, 2025
Putative Class Suit Over Fish Oil Health Claims Dismissed With Prejudice

LOS ANGELES — A California federal judge granted a supplement maker’s motion to dismiss a consumer’s putative class action accusing it of violating California’s unfair competition law (UCL) and other laws by labeling a fish oil product as beneficial to heart health, finding the claims preempted and concluding that the label statements at issue “are not capable of deceiving a reasonable consumer.”
January 27, 2025
Judge Grants Preliminary Approval To $7.5M ‘Virtual Diamonds’ Refund Settlement

LOS ANGELES — A California federal judge granted preliminary approval to a settlement of putative class claims brought against a mobile casino games developer by two players who accused the developer of violating California’s unfair competition law (UCL) and state gambling laws under which “Virtual Diamonds” worth a total of $7.5 million will be distributed to an estimated 1.2 million customers.
January 23, 2025
LinkedIn Used Private Messages To Train Generative AI, User Claims

SAN FRANCISCO — A user of the professional networking and social media site LinkedIn filed a putative class action lawsuit in California federal court accusing the company that operates the site of violating federal law and California’s unfair competition law (UCL) by accessing Premium users’ private messages to train artificial intelligence models without their consent.
January 23, 2025
Plaintiffs Seeks Damages From Apple For Selling Smartwatch Bands That Contain PFAS

SAN FRANCISCO — Plaintiffs have filed a putative class action against Apple Inc. in California federal court contending that its smartwatch bands contain per- and polyfluoroalkyl substances (PFAS), which the plaintiffs argue constitutes fraudulent business practices because Apple “intentionally misrepresented and/or concealed material facts with the intent to deceive” customers.
January 23, 2025
Consumers’ Claims Over Lead In Stanley Tumblers Inadequately Pleaded, Judge Says

SEATTLE — A Washington federal judge dismissed putative class claims against the manufacturer of Stanley-brand drinkware for violating several states’ consumer protection laws, including California’s unfair competition law (UCL), by failing to disclose the presence of lead in its products, writing that the plaintiffs didn’t allege a “plausible risk” from lead’s “mere presence,” but granted the plaintiffs leave to amend.
January 21, 2025
Medical Services Provider Accused Of Unlawfully ‘Annexing’ Sports Clinic

LOS ANGELES — Two entities involved in operating a provider of sports medicine and orthopedic surgery and two affiliated doctors filed a complaint in California state court accusing a nonprofit medical services provider and its executives of unlawfully seeking to “absorb . . . and unlawfully control” the sports medicine providers in violation of California’s unfair competition law (UCL), trademark dilution laws and other state laws prohibiting employment-related retaliation.
January 17, 2025
Judge Tentatively OKs $7.5M ‘Virtual Diamonds’ Refund In Gambling App Settlement

LOS ANGELES — A California federal judge at a Jan. 16 hearing presented his tentative ruling granting a motion for preliminary approval of a settlement between a mobile casino games developer and a putative class represented by two players who accused the developer of violating California’s unfair competition law (UCL) and state gambling laws, deeming “fair” the settlement, which is projected to require an in-game currency refund to players worth a total of $7.5 million, injunctive relief purportedly worth $163.2 million and attorney fees greater than $1.4 million.
January 16, 2025
‘ZzzQuil’ Maker Accused Of Misleading ‘Natural’ Marketing In Putative Class Suit

SAN DIEGO — A consumer filed a putative class action against The Procter & Gamble Co. (P&G) in California federal court claiming that it misleadingly markets a sleep aid as providing benefits “naturally” in violation of California’s unfair competition law (UCL) because it is actually made with “synthesized” artificial ingredients.
January 16, 2025
Microsoft Browser Extension ‘Steals’ Affiliate Links For Profit, App Operator Says

SEATTLE — An app operator and online content creator that earns funds from online marketing filed a putative class action complaint in Washington federal court against Microsoft Corp. contending that its in-browser shopping extension “systematically steals commission payments from their rightful owners,” writing that Microsoft knowingly takes affiliate links posted by marketers and redirects their expected profits to itself in violation of California’s unfair competition law (UCL).
January 16, 2025
Gaming Company Urges 9th Circuit To Enforce Arbitration Agreement With Players

SAN FRANCISCO — A gaming company and its co-founders on Jan. 15 filed an appellant brief to the Ninth Circuit U.S. Court of Appeals urging it to reverse a judge’s refusal to enforce its arbitration agreement with players who in a putative class suit say they were deceived into playing games advertised as offering live competition but which in fact involved gameplay against bots, writing that the judge misapplied standards of unconscionability and severability.
January 15, 2025
9th Circuit Affirms Dismissal Of Pro Se X User’s UCL Suit Over Account Suspension

SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel affirmed the dismissal with prejudice of a pro se plaintiff’s lawsuit against X Corp. asserting that his account was suspended in violation of California’s unfair competition law (UCL) after he criticized and messaged an adult content creator.
January 14, 2025
High Court Urged To Find Federal Food Laws Preempt California Consumer Law Claims

WASHINGTON, D.C. — A baby food company filed a petition for a writ of certiorari urging the U.S. Supreme Court to review a Ninth Circuit U.S. Court of Appeals ruling finding that putative class claims may be brought against it for violating California consumer protection laws by allegedly failing to comply with federal labeling rules, writing that the ruling conflicts with high court precedent and creates a circuit split.