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Motion to Dismiss › Consumer Protection Laws › Dismissals

McGlinchey Stafford

Southern District of New York Finds No Private Right of Action for Improper Reporting Under the FCRA

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The Southern District of New York dismissed an action under the Fair Credit Reporting Act (FCRA), finding that there was no private right of action under section 1681s-2(a) for purportedly inaccurate reporting by a furnisher....more

Burr & Forman

New York Court Dismisses TCPA Claim Based on Three Text Messages Sent After Revocation Request

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After receiving a text message from Defendant advertising Defendant’s products, Plaintiff texted “stop,” his request was acknowledged but Defendant sent him three more text advertisements over a nine day period. Apparently,...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 11

Davis Wright Tremaine LLP on

Native Deodorant False Ad Dismissed As Court Finds Plaintiff's Contradictions Don't Pass the Smell Test - A proposed class action alleging that Native Deodorant falsely advertises its "natural" deodorant as offering...more

Orrick, Herrington & Sutcliffe LLP

CFPB allowed to drop suit against multinational retailer

Orrick, Herrington & Sutcliffe LLP on

On May 13, the U.S. District Court for the District of Minnesota issued a notice of dismissal with prejudice wherein the CFPB, as plaintiff, initiated a legal action against two defendants: a multinational retailer from...more

Perkins Coie

Notable Ruling Roundup - May 2025

Perkins Coie on

Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Chelsea Garland, et al. v. The Kroger Co., No. 3:24-cv-00240-LL-JLB (S.D. Cal. – February 12,...more

King & Spalding

Second Circuit Affirms Dismissal of Putative Class Action Against “Natural” Orange Juice Manufacturer for Failure to State a Claim...

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On May 29, the Second Circuit held that an orange juice company’s use of the word “Natural” in its brand name was not deceptive as a matter of law, notwithstanding the presence of trace amounts of an artificial herbicide in...more

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