Privacy

  • September 1, 2011

    Class Cert. Again Denied In Arizona Beverages Suit

    A New Jersey federal judge on Tuesday again denied class certification to a consumer alleging that Arizona Beverages USA LLC deceptively marketed its drinks as “all natural,” deeming the named plaintiff inadequate to represent the class.

  • September 1, 2011

    Toyota Can't Force Arbitration In Prank Ad Campaign Suit

    A California appeals court on Wednesday ruled that Toyota Motor Corp. could not force arbitration in the case of a woman who claims she was tricked into taking part in an emotionally distressing ad campaign for the Toyota Matrix.

  • August 31, 2011

    Microsoft Tracks Phone Users Without Consent: Suit

    Microsoft Corp. was hit with a class action Wednesday in Washington federal court accusing the computer and software giant of tracking consumers' locations through mobile devices in violation of their privacy settings.

  • August 31, 2011

    SunTrust Hit With Action Over Loan Fees, Foreclosures

    SunTrust Mortgage Inc. and its parent were hit Wednesday with a putative class action in Illinois federal court alleging the lender improperly assessed late fees and foreclosed on homes even though the plaintiffs say they complied with their contracts.

  • August 31, 2011

    Junk Faxing Atty Hit With $4.2M Class Judgment

    An Illinois federal judge awarded $4.2 million on Monday to a class of unwilling fax recipients who accused an estate planning attorney of sending them a purported newsletter that essentially functioned as an unsolicited advertisement.

  • August 31, 2011

    DirecTV's Bid To Nix Cancel Fee Action Put On Hold

    A California state judge on Wednesday delayed DirecTV Inc.’s bid to toss a class action alleging inadequate disclosure of early termination fees, waiting on the appeal of a ruling in a similar suit whose claims were found to be immune to waivers.

  • August 31, 2011

    Craigslist Beats Suit Over Customer Payment Data

    A California judge tossed a putative class action that accused Craigslist Inc. of violating a law that makes it illegal for merchants to record personal information when accepting credit card payments, ruling last week that the law did not apply to online transactions.

  • August 31, 2011

    FTC Returns $3.2M To Warranty Robo Call Scam Victims

    The Federal Trade Commission announced Wednesday it was refunding a total of about $3.2 million to consumers who bought fake auto warranties from robo calls allegedly engineered by Transcontinental Warranty Inc., a scheme to which two Transcontinental executives have pled guilty.

  • August 31, 2011

    Hedge Fund Manager Sues Wife For $25M Over Stolen Info

    New York risk arbitrager David Simon sued his wife and her divorce attorneys for $25 million on Monday, claiming they hacked into his home computer and stole confidential financial records, intellectual property and trade secrets belonging to his $100 million hedge fund.

  • August 31, 2011

    Nestle Waters Faces $50M Suit Over Delivery Late Fees

    Nestle Waters North America Inc. was targeted Wednesday in a $50 million putative class action alleging that the bottled water behemoth rips off delivery customers by ignoring its payment policy's grace period and levying exorbitant late fees.

  • August 31, 2011

    MyLife Fraud Class Action Withstands Bid To Dismiss

    A California federal judge refused Monday to dismiss a consolidated class action accusing MyLife.com Inc. of luring consumers with false claims that "someone" was looking for them and then overcharging them to use a service that never connected them to anybody.

  • August 31, 2011

    Q&A With Phelps Dunbar's Mary Ellen Roy

    The most important case in the area of the First Amendment and defamation law is the U.S. Supreme Court case of New York Times v. Sullivan, says Mary Ellen Roy, a partner with Phelps Dunbar LLP specializing in defamation defense, privacy law, First Amendment issues and reporter's privilege, among other areas.

  • August 31, 2011

    Acella Loses Bid To Nix False Ad Suit Over Vitamin Labels

    A Georgia federal judge on Tuesday refused to nix Sciele Pharma Inc.'s suit accusing rival pharmaceutical company Acella Pharmaceuticals LLC of falsely advertising and misleading pharmacists about the contents of its competing prescription prenatal vitamins.

  • August 31, 2011

    Acer Strikes $280M Deal In Windows Action

    Acer America Corp. will pay about $280 million to settle a class action alleging the computer company intentionally misled customers about the Windows operating system installed on its laptops, according to a proposed settlement filed Tuesday in California federal court.

  • August 31, 2011

    Publix Slapped With Class Action Over ATM Fees

    Publix Supermarkets Inc. on Monday was hit with a consumer class action in Florida federal court claiming the supermarket chain didn't properly notify consumers that they would be charged for using its automatic teller machines, in violation of the Electronic Fund Transfer Act.

  • August 30, 2011

    Google Hit With Investor Suit Over Illegal Drug Ads

    A Google Inc. investor on Monday sued the company and its directors — including CEO Larry Page — alleging they breached their fiduciary duty by facilitating illegal imports of prescription drugs through the advertising program AdWords, leading to a $500 million settlement with the U.S. government.

  • August 30, 2011

    Nev. Sues BofA Over Deceptive Mortgage Programs

    Nevada's attorney general on Tuesday accused Bank of America Corp. of violating a loan modification agreement with the state through deceptive mortgage sales practices, premature foreclosures and a faulty mortgage modification program.

  • August 30, 2011

    Merial Sues Bayer Over Dog Heartworm Pill Ads

    In a dogfight over canine medication marketing, Merial LLC sued heartworm drug rival Bayer Healthcare LLC in Georgia federal court on Monday, seeking a ruling that Bayer's ads for its pills are false advertising.

  • August 30, 2011

    Educators To Finalize New Privacy Rules By Year's End

    The U.S. Department of Education announced last week that it planned to implement new standards for student privacy and states' ability to share school data by the end of 2011.

  • August 30, 2011

    Suzuki Dealer Awarded $18.5M In False Ad Suit

    A Missouri jury on Tuesday awarded a Kansas City Suzuki dealer nearly $18.5 million after finding that American Suzuki Motor Corp. was negligent in allowing a rival dealership — owned by the dealer's brother — to deceptively advertise new car deals that it pulled once customers signed contracts.