Arbitration agreement provided for arbitration of disputes arising out of plaintiff’s employment. It was silent regarding class actions. The trial court granted defendant’s petition to compel arbitrations and denied its motion to dismiss class allegations. Noting the plaintiff produced no evidence to the trial court regarding the four factors required under Gentry v. Sup. Ct. […]
Facebook Class Action Settlement Approved.
Facebook launched a program called “Beacon” which updated a member’s profile to reflect actions the member took on websites belonging to companies contracting with Facebook. Thus, for example, if a member rented a movie through the participating website Blockbuster.com, Blockbuster would transmit information about the rental to Facebook, and Facebook would broadcast that information to […]
Trial Court Must Hold Hearing On Whether Parties Agreed To Class Arbitration.
The trial court granted defendant’s motion to compel arbitration, but rejected its request that the court order individual arbitration. The appellate court granted defendant’s petition for extraordinary relief and ordered the trial court to vacate its order denying individual arbitration and provide the parties with an opportunity to submit evidence and argument on the issue […]
Class Certification Reversed.
Federal trial court certified a class involving problems with Honda’s brake system. The Ninth Circuit reversed because the class includes cars in different jurisdictions and California’s consumer protection statutes could not be applied nationwide. Mazza v. American Honda Motor Co. (Ninth Cir.; January 12, 2012) 666 F.3d 581.
Dispute Against Credit Card Company Promising To Help Rebuild Credit Has To Be Arbitrated.
Credit card was marketed to be used to “rebuild poor credit.” The company was sued in a class action for misrepresentation. Credit card users signed arbitration agreement in the application. But the Credit Repair Organizations Act [CROA; 15 U.S.C. §1679c(a)] states: “You have a right to sue a credit repair organization that violates the [Act].” […]
Class Action And Damages Allegations Out; Equitable Allegations In.
Plaintiffs claimed wireless telephone companies made material misrepresentations regarding the number of usable minutes in subscriber plans. The trial court sustained defendants’ demurrer to the class action allegations, but overruled it with regard to the causes of action seeking injunctive relief under the UCL [Business and Professions Code §17200 et seq.]. The court stated: “Regardless […]
Debt Collection Violation In Mailing Collection Notice To Debtors’ Place Of Employment “In Care Of” Employer.
The Ninth Circuit found class certification should have been granted in favor of plaintiffs when defendant debt collector violated the Fair Debt Collection Practice Act’s [15 U.S.C. §1692c(b)] prohibition on communication with third parties by mailing debt collection notices in care of debtors’ employer. Evon v. Law Offices of Sidney Mickell (Ninth Circuit; August 1, […]
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