Mealey's California Section 17200
-
August 27, 2025
9th Circuit Affirms Motion To Compel Denial In Online Retail Class Arbitration Row
PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals affirmed a lower court’s order denying a motion to compel arbitration by Lands’ End Inc. in a consumer’s putative class suit alleging violations of multiple California consumer protection laws regarding Lands’ End’s purported false advertising about pricing on its website, finding that contrary to Lands’ End’s claims that its website’s terms of use, including an arbitration provision, bar the suit, the District Court did not err in its determination “that the hyperlink to the Terms of Use was broken” at the time of the plaintiff’s purchase.
-
August 25, 2025
Microplastic Leaching Suit Against Ziploc Maker Voluntarily Dismissed
SAN FRANCISCO — A California federal judge entered an order dismissing with prejudice the claims of a consumer who filed a putative class action accusing the manufacturer of Ziploc bags of violating California’s unfair competition law (UCL) and other laws by allegedly concealing the risk that its products can leach microplastics into consumers’ food.
-
August 25, 2025
Plaintiffs Suing Therapy App For Privacy Violations May Proceed Anonymously
SAN FRANCISCO — The anonymity of putative class plaintiffs accusing online therapy company BetterHelp Inc. of violating privacy laws by selling their personal data to third parties in violation of California’s unfair competition law (UCL) does not require dismissal, a California federal judge ruled in denying the company’s motion to dismiss, citing the nature of the plaintiffs’ privacy protection claims.
-
August 22, 2025
Breach Of Contract, Bad Faith Claims Will Proceed Against Homeowners Insurers
SAN DIEGO — An insured’s breach of contract and bad faith claims will proceed against homeowners insurers in a putative class action suit filed by a homeowner who claims that her insurer wrongfully refused to renew her homeowners policy because the insured sufficiently alleged facts in support of the claims, a California federal judge said.
-
August 20, 2025
Man Says Otter Notetaker Records, Saves Conversations Without Consent
SAN JOSE, Calif. — A California man alleges that Otter.ai Inc. does not obtain prior consent of all participants in a virtual meeting before its Notetaker transcription app is engaged to record a conversation, leveling claims of computer fraud, invasion of privacy and unfair competition against the artificial intelligence (AI) technology firm in California federal court.
-
August 18, 2025
Judge Dismisses UCL Claim From Class Suits Over Lead In Tampons
SAN DIEGO — A California federal judge issued two substantially similar rulings largely denying two tampon-makers’ motions to dismiss two putative class actions accusing them of concealing the presence of lead in their tampons in violation of California’s unfair competition law (UCL), but granted dismissal with prejudice as to the plaintiffs’ UCL claims under the unfair prong.
-
August 15, 2025
Windows 10 User Says Microsoft Stopping Tech Support To Boost Its AI
SAN DIEGO — A consumer filed a suit in California state court against Microsoft Corp. over its plans to cease offering technical support for its Windows 10 operating system (OS) in October 2025, claiming that it wants to drive users onto newer Microsoft products that use artificial intelligence so it can “monopolize the generative AI market” and failed to disclose that Windows 10 licenses were temporary in violation of California’s unfair competition law (UCL).
-
August 14, 2025
Musk Must Mount Fight Against UCL Counterclaims In OpenAI Suit, Judge Says
SAN FRANCISCO — Elon Musk must face California unfair competition law (UCL) counterclaims stemming from his media interactions touting his attempts to buy OpenAI Inc. assets because the conduct is sufficiently divorced from courthouse advocacy to fall outside litigation privilege protections, a federal judge in California said, while also dismissing his breach of implied covenant and Racketeer Influenced and Corrupt Organizations Act claims.
-
August 13, 2025
UPS To Pay $1.7M, Enact Compliance Programs In Calif. Hazardous Waste Settlement
STOCKTON, Calif. — United Parcel Service Inc. and a group of its subsidiaries agreed to pay more than $1.7 million in civil penalties and other costs and implement a series of programs to settle state code violations alleged by the people of California for improper disposal, hauling and reporting of hazardous waste materials during routine operations.
-
August 12, 2025
App Developers Accuse Apple Of Monopolizing App Sales Market
OAKLAND, Calif. — Seven plaintiffs filed an amended class action against Apple Inc. in California federal court accusing the company of monopolizing the market for apps and harming their companies by forcing them to pay “supra-competitive commissions” to keep their products available on the Apple App Store, allegedly in violation of California’s unfair competition law (UCL), antitrust law and Korean and Japanese anti-monopoly laws.
-
August 11, 2025
$3.5M Class Settlement OK’d In Assisted Living Facilities Misrepresentation Suit
LOS ANGELES — A federal judge in California approved a $3.5 million class action settlement and injunction between the operator of assisted living communities and a resident resolving claims that the operator misrepresented to residents its capability of adequately providing care services.
-
August 11, 2025
Judge Partly Grants Motion To Certify Class In Misleading Crypto Promotions Suit
LOS ANGELES — A California federal judge granted in part and denied in part a motion by cryptocurrency investors to certify a class against a cryptocurrency developer, the developers’ executives and celebrities such as Kim Kardashian and Floyd Mayweather Jr. who promoted the crypto coin as a reliable investment, allegedly in violation of California’s unfair competition law (UCL) and other state laws.
-
August 07, 2025
Rehearing Sought After 9th Circuit Says UCL Claim Against Credit Union Preempted
PASADENA, Calif. — A checking-account holder filed a motion asking the Ninth Circuit U.S. Court of Appeals for an extension of time to file his petition for rehearing en banc after a panel affirmed the dismissal of his claims that a federal credit union violated California’s unfair competition law (UCL) by fining him for its failure to properly deposit his check because such claims are expressly preempted.
-
August 07, 2025
False Advertising Suit Against IVF Embryo-Testing Company Dismissed
OAKLAND, Calif. — A California federal judge dismissed a putative class action filed by two women against a company that advertises itself as testing embryos obtained through in vitro fertilization (IVF) for abnormalities before implantation, finding that the plaintiffs’ claims that the company misrepresented the accuracy of its tests in violation of California’s unfair competition law (UCL) and other laws were not pleaded with sufficient specificity.
-
August 05, 2025
9th Circuit Stays Injunction In Epic Games Antitrust Suit Over Google Play Store
SAN FRANCISCO — Without providing explanation, the Ninth Circuit U.S. Court of Appeals granted Google LLC’s emergency motion for a stay of a district court’s permanent injunction against Google in an antitrust suit filed against it by Epic Games Inc. over Google’s removal of Epic’s Fortnite game from the Google Play Store.
-
August 04, 2025
9th Circuit Reverses Dismissal Of Negligence Claim In Child Porn Row With Twitter
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Aug. 1 affirmed in part and reversed and remanded in part a lower court’s dismissal of a suit by two John Does’ asserting claims against Twitter Inc. (now known as X Corp.) for violations of Section 230 of the Communications Decency Act (CDA), negligence per se and product liability for allowing purported child pornography to stay on the social media platform, finding that while Twitter is immune pursuant to Section 230 to the federal law claims and some product liability claims, negligence and defective reporting-infrastructure design claims are not barred by Section 230.
-
August 04, 2025
Judge Gives Preliminary OK To $4.7M Settlement Of Deceptive Discount Claims
LOS ANGELES — A California federal judge granted preliminary approval of a $4.7 million settlement of class action claims accusing an underwear and apparel company of deceiving online customers with “fake timers that countdown fake limited time sales” in violation of California’s unfair competition law (UCL) and other laws, with the amount of attorney fees sought by plaintiffs’ counsel not yet specified.
-
August 01, 2025
9th Circuit Affirms Verdict, Injunction In Antitrust Row Between Epic and Google
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on July 31 affirmed a jury verdict and the trial court’s entry of a permanent injunction against Google LLC in an antitrust suit filed against it by Epic Games Inc. over Google’s removal of Epic’s Fortnite game from the Google Play Store, finding that the verdict and injunction were “supported by the record.”
-
August 01, 2025
OnlyFans Operators Ask Court To Reconsider Dismissal Of Subscribers’ Class Suit
SANTA ANA, Calif. — The entities that operate the adult website OnlyFans on July 31 filed a motion asking a California federal judge to reconsider a ruling refusing to dismiss on forum non conveniens a suit brought by California subscribers who claim that they were deceived into paying to communicate with “professional chatters” instead of adult content creators, writing that the court’s “public policy rationales” were recently overturned.
-
July 30, 2025
Privacy Claims Against Meta, Google Over Prescription Website May Proceed
SAN FRANCISCO — Consolidated claims that Google LLC and Meta Platforms Inc. intercepted and used the protected health information (PHI) of users of a health services website mostly survived a dismissal motion, with a California federal judge finding that the plaintiffs sufficiently alleged claims for invasion of privacy, unfair competition and unjust enrichment, among other things.
-
July 31, 2025
Women’s Dating Advice App ‘Ignored’ Data Security Before Hack, Plaintiffs Say
SAN FRANCISCO — Two women filed separate putative class action lawsuits in California federal court against the developer of the Tea app, where women post anonymously about dating men, accusing it of negligence and violation of California’s unfair competition law (UCL) after its database of users’ identity-verification photos and drivers’ license pictures was hacked and posted online.
-
July 30, 2025
Reconsideration Denied In Putative Class Suit Over PFAS In Costco Baby Wipes
SAN FRANCISCO — A California federal judge on July 29 denied Costco Wholesale Corp.’s motion for reconsideration of a ruling denying its motion to dismiss a putative class action alleging that Costco’s Kirkland Signature Baby Wipes contain unsafe levels of per- and polyfluoroalkyl substances (PFAS), writing that Costco failed to show a “change of law” that would merit reconsideration.
-
July 30, 2025
Putative Class Suit Alleging ‘Huggies’ Baby Wipes Contain PFAS Dismissed By Judge
SAN FRANCISCO — A California federal judge dismissed a putative class action against the maker of “Huggies” baby wipes for failing to disclose that the product contains per- and polyfluoroalkyl substances (PFAS), writing that the plaintiffs did not allege that the amount of PFAS found in the product by independent testing renders the wipes defective, dangerous or toxic.
-
July 29, 2025
Epic Says Opinion ‘Provides No Basis’ To End Injunction In Apple Antitrust Row
SAN FRANCISCO — In an antitrust suit dispute between Apple Inc. and Epic Games Inc., Epic filed a response in the Ninth Circuit U.S. Court of Appeals to Apple’s argument that pursuant to the U.S. Supreme Court’s recent decision in Trump v. CASA, Inc., a district court did not have the authority to make applicable to all developers the injunctive order requiring Apple to permit app developers to inform users of methods for making in-app purchases (IAPs) outside of the company’s App Store.
-
July 28, 2025
‘Sensitive Skin’ Mislabeling Class Action Was Properly Certified, 9th Circuit Says
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on July 25 affirmed a court’s certification of a class action against Johnson & Johnson Consumer Inc. (J&J) for allegedly misrepresenting the benefits of a sensitive skin care product in violation of California’s unfair competition law (UCL) and other laws, finding that the lower court properly certified the class based on the plaintiff’s damages expert and the likelihood of making classwide liability findings.