unfair competition

Consumer Class Action Complaint Against Walgreens

Tauler Smith LLP recently filed a consumer class action complaint against Walgreens because the retail behemoth is allegedly selling Phenazopyridine Hydrochloride (Phenazo), an unapproved over-the-counter UTI drug, to unsuspecting customers in violation of California’s consumer protection laws.

Tauler Smith LLP Successfully Defends THC Potency Class Action

A California court granted Tauler Smith LLP’s motion to dismiss without leave to amend in a deceptive pricing class action alleging mislabeling of THC potency. The plaintiffs specifically alleged that the cannabinoid content in the defendant’s infused joints did not match what was on label. Tauler Smith’s skilled Los Angeles class action defense attorneys filed a demurrer to the class action based on the discrepancy between the plaintiffs’ purchases and the potency tests that formed the basis of plaintiffs’ claims.

Tauler Smith Wins Motion for Terminating Sanctions

In a recent employment law matter filed in Los Angeles, Tauler Smith LLP won a motion for terminating sanctions. Los Angeles litigation attorney Wendy Miele represented a media production company that was being sued by a former contractor who worked as a personal assistant for the company.

FTC Settlement: Amazon’s Alexa, Ring Security Cameras, and Privacy Laws

Amazon recently reached a settlement with the Federal Trade Commission (FTC) and the Department of Justice (DOJ), agreeing to pay $31 million in civil penalties for consumer privacy violations associated with the company’s Alexa voice assistant devices and Ring doorbell cameras. The DOJ alleged that Amazon engaged in a number of unreasonable privacy practices, ultimately resulting in an FTC settlement involving Amazon’s Alexa, Ring security cameras, and privacy laws.

Shipping Insurance Claims and the UCL

Many companies that offer shipping insurance on e-commerce sites are violating California insurance laws, which have strict requirements about who is allowed to offer insurance and how that insurance can be offered. Moreover, California’s insurance laws can serve as a predicate for civil lawsuits brought under other statutes, including the California Unfair Competition Law (UCL). When it comes to shipping insurance claims and the UCL, there is strong legal precedent in favor of consumers who are charged for insurance by an unlicensed agent.

California’s Unfair Competition Law (UCL)

California’s Unfair Competition Law (UCL) is one of the most important consumer protection laws in the country. California courts tend to interpret the UCL broadly so that it applies to a wide range of unethical business practices. The statute explicitly prohibits companies from engaging in unlawful, unfair, or fraudulent business actions. It also prohibits companies from using false advertising.

Retailers Settle Strikethrough Pricing Lawsuits

In California and other states, several major retailers have settled strikethrough pricing lawsuits after being accused of violating false advertising laws. The lawsuits were filed in response to a common retail sales strategy: enticing customers to make purchases by highlighting comparison prices, which can include previous list prices that have since been reduced by the retailer or higher prices on similar items currently sold by competitors. This is especially prevalent among major retailers that advertise and sell products online.

California Deceptive Pricing Class Action Lawsuits

It has become increasingly common for consumers to join California deceptive pricing class action lawsuits against retailers that market and sell products with deceptive pricing information. California’s false advertising law is often used as the basis for consumer class action litigation concerning false reference pricing because the state law is favorable to consumers. In recent years, there have been a number of class action suits filed in state court as consumers sued major retailers because of misleading pricing.

Federal Law on False Reference Pricing

A lot of major retailers have an online presence these days with company websites and advertisements on social media platforms like Facebook, Twitter, and Instagram. The explosion in online sales has also led to competition between traditional retailers and e-commerce businesses that are all fighting for the same internet-savvy customers. Sometimes, those companies become too aggressive and employ fraudulent marketing practices, such as using deceptive pricing information in ads. This type of advertising violates the federal law on false reference pricing.

Comparison Pricing Litigation in California

It has become increasingly common for consumers to bring comparison pricing litigation in California. That’s because the state has some of the strongest consumer protection laws in the country, including laws that regulate unfair competition, false advertising, and deceptive pricing. California’s comparison price law requires retailers to provide accurate pricing information in advertisements, whether the ads appear in print media or online.