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Morrison & Foerster’s Class Dismissed blog provides insights and reports on the latest news, developments, and trends that affect consumer-facing companies. Subscribe to receive the latest updates by attorneys from our nationally recognized Consumer Class Action and Product Liability practices.

September 28, 2016 - TCPA

“Human Intervention” in Calling System Dooms Plaintiff’s TCPA Claim

Another Florida district court, another favorable ruling for companies facing TCPA lawsuits.  In Pozo v. Stellar Recovery Collection Agency, Inc., U.S. Magistrate Judge Anthony E. Porcelli granted summary judgment for defendant Stellar Recovery Collection Agency, Inc. (“Stellar”) after determining that the “point and click” …›

September 19, 2016 - Privacy

Stop Victim Shaming in Cyber Attacks

Defending the American people and economy from hostile state or state-sponsored actors is critical for both economic and national security reasons. However, while our state and federal law enforcement agencies vigorously protect people from criminals and assist victims of crimes, companies that publicly disclose …›

August 31, 2016 - Class Action, False Advertising, Retail

Third Time’s the Charm? Court Rejects Parties’ Second Settlement Agreement for Failure to Provide Sufficient Value to Class Members

District Court Judge Gonzalo Curiel recently considered and rejected—for the second time—a proposed class action settlement involving false advertising claims against a defendant jeans manufacturer.  Hofmann v. Dutch, LLC, No. 3:14-cv-02418-GPC-JLB (S.D. Cal. Aug. 16, 2016).  The court initially rejected the proposed settlement because …›

August 17, 2016 - Class Action

Trending Now: Article III Standing After Spokeo

In Spokeo, Inc. v. Robins, the Supreme Court clarified the requirements necessary for plaintiffs to establish standing.  The Court held that an allegation of a statutory violation, without some showing of concrete harm, is not enough.  Concrete harm, however, is not synonymous with tangible …›

August 1, 2016 - Product Liability

California Adopts the Sophisticated Intermediary Doctrine

In a recent opinion, the Supreme Court of California formally adopted the Sophisticated Intermediary Doctrine, clarifying what circumstances may permit a raw materials supplier to discharge its duty to warn consumers.  Webb v. Special Electric Co., No. S209927, slip op. (Cal. May 23, 2016).  …›