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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.

February 01, 2022 - Privacy, Trials
California AG Issues Notices of Violations: Will We Soon Have Guidance on Loyalty Programs Under the CCPA
By: Julie O'Neill and Nathan Reilly
In an action that may eventually lead to clarification around what constitutes a “financial incentive” for purposes of the California Consumer Privacy Act (CCPA), Attorney General Rob Bonta announced on January 28, 2022 that his office (the AG) was beginning an “investigative sweep” pursuant
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January 20, 2022 - FDA, Food Misbranding, Consumer Products
FDA Ends Regulation of "French Dressing"
By: Claudia M. Vetesi
Last week the FDA announced that it would lift regulations controlling what can be called “French dressing.” The regulations—which had been in place since 1950—previously required that a product contain 35% vegetable oil and vinegar, lemon, or lime juice to be marketed as “French
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January 18, 2022 - Privacy
Privacy Litigation 2021 Year in Review: CCPA Litigation
By: Mark David McPherson, Purvi G. Patel and Michael Burshteyn
The California Consumer Privacy Act has been operative for two full years now, and plaintiffs continue to file CCPA claims at a brisk clip. 2021 saw nearly 100 new complaints with CCPA claims with many of the same types of claims we saw in
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January 14, 2022 - topics/undefined
This Week at the Ninth: Arbitration Two Ways
By: Lena H. Hughes
The Ninth Circuit addressed the ability of non-parties to invoke arbitration agreements, and refreshed its law on the applicability of Eleventh Amendment sovereign immunity in the arbitration context. Read more from Lena Hughes in MoFo’s Left Coast Appeals blog. KIM NGO V. BMW OF
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January 13, 2022 - Privacy, Consumer Products, FTC
Forgot to Cancel? Pay Attention to Recent Auto-Renewal Law Changes
By: Julie O'Neill
As subscription models have gained exponential traction, legislatures are clamoring to ensure that their auto-renewal laws keep up with novel consumer protection issues. Several states have introduced or revised their auto-renewal laws, and the Federal Trade Commission has affirmed its commitment to enforce against
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January 12, 2022 - Appellate & Supreme Court, Class Action
High Court Orders Rethink Of $9.7M Award After TransUnion
By: Adam J. Hunt
The Supreme Court on Monday signaled to the lower courts that they need to seriously consider the impact of TransUnion LLC v. Ramirez , 594 U.S. ___ (2021) when addressing claims for statutory violations that do not result in any injury to the plaintiffs.
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January 05, 2022 - Privacy, Appellate & Supreme Court, TCPA
Privacy Litigation 2021 Year in Review: TCPA Litigation
By: David J. Fioccola and Adam J. Hunt
2021 marked another year of important developments in the TCPA landscape as lower courts issued conflicting interpretations of SCOTUS’s ruling Barr v. AAPC and began to apply the definition of “autodialer” that SCOTUS articulated in Facebook, Inc. v. Duguid. Although defendants swung for the
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January 05, 2022 - Privacy, Arbitration, Class Action
Privacy Litigation 2021 Year in Review: Data Breach Litigation
By: Nancy R. Thomas
Cyber incidents top the list of issues keeping in-house counsel up at night. And as we continue to see the number of incidents climb, we continue to see class actions filed in their wake. So what are the highlights from 2021 and what can
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November 04, 2021 - Food Misbranding, Consumer Products
This Week at the Ninth: Cars and Chickens
By: Lena H. Hughes
This week, the Ninth Circuit explores the constitutionality of a state statute aimed at protecting consumer information given to car dealers, and clarifies the preemptive scope of federal regulatory approval of food labels. Click here to learn more about the key takeaways from CDK
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October 15, 2021 - Appellate & Supreme Court, Arbitration
Not So Fast: Ninth Circuit Resurrects Ban On Mandatory Employment Arbitration Agreements
By: Nancy R. Thomas and Olivia J. Wada
A split panel of the Ninth Circuit vacated in part a preliminary injunction barring enforcement of AB 51, the California law banning mandatory employment arbitration agreements.[1] But the Ninth Circuit found that the penalties for violation of this provision are preempted by the Federal Arbitration
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