Tag: Consumer
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Consumer Credit Expert Not Allowed to Opine on Policies
Plaintiff Alycia Johns brought this action under the Fair Credit Reporting Act and Fair Debt Collection Practices Act following several years of disputing various tradelines with credit reporting agencies based on her claim of identity theft. Johns relied on her expert, Douglas Hollon, to assert that Nelnet failed to conduct an adequate investigation of the…
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Marketing Expert Not Allowed to Opine on Consumer Reaction
This class action lawsuit arises out of Amazon’s practice of using smart-speaker technology (“Alexa”) to surreptitiously: (a) intercept; (b) eavesdrop; (c) record; (d) disclose; or (e) use millions of Americans’ voices and communications, all without their knowledge or consent. Such conduct blatantly violates Washington’s wiretapping law, which applies nationwide to Plaintiffs and all members of…
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Marketing Expert Was Allowed to Opine on Trademark Dilution
Plaintiffs Hyundai Motor Company and Hyundai Motor America, Inc. (collectively “Hyundai Motor” or “Plaintiffs”) are one of the largest automobile manufacturers worldwide, with vehicle sales in over 150 countries. Defendant Hyundai Technology is a manufacturer and seller of consumer electronics products including tablets, laptop computers/notebooks, desktop computers, monitors, digital storage, cell phones, and accessories. The…
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Survey Research Expert Was Allowed to Opine on Customer Experience
State of Connecticut and Federal Trade Commission, sued Chase Nissan LLC, d/b/a Manchester City Nissan (“MCN) and multiple individuals, alleging that MCN, along with others, acted together to defraud thousands of consumers. The Plaintiffs alleged that the Defendants charged consumers for additional products or services (“addons”) that consumers never agreed to purchase. The Plaintiffs claimed…
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Credit Reporting Expert’s Testimony on Emotional Harm Excluded
This case involves alleged violations of the Fair Credit Reporting Act. The Plaintiff, Fabian Huizar, claims that Experian Information Solutions repeatedly reported inaccurate information on his credit report relating to a car loan that was the subject of a judgment rendered in state court. Huizar hired experts, Douglas Hollon and Evan Hendricks to help him…
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Consumer Credit Expert’s Opinion on Damages Limited
This matter arises out of Plaintiff Tyler Oatway’s July 2023 ill-fated attempt to purchase a car from used car dealer Definitive Motors. Definitive Motors obtained Oatway’s credit reports from the three major credit reporting agencies (“CRAs”) through Defendant 700 Credit, LLC, which is a reseller of consumer information. According to Oatway, 700 Credit and Experian Information…
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Survey Research Expert’s Testimony on Economic Harm and Damages Admitted
Linda Sunderland and Benjamin Binder, amongst others, filed this putative class action against Defendant PharmaCare U.S., Inc., asserting consumer protection and breach of warranty claims based on its Sambucol product, a dietary supplement that is alleged to contain a proprietary extract of black elderberry. Defendant filed a motion to exclude Plaintiffs’ experts, Dr. J. Michael…
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Marketing Expert’s Testimony on Consumer Confusion Admitted
Defendant Learneo, Inc., a Delaware corporation with a principal place of business in Redwood City, California, operates a website named Course Hero, an online learning platform of course-specific study resources. In particular, this action involves alleged unlawful conduct on Course Hero, where users upload materials, such as study resources, and access materials shared by others.…
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Marketing Expert’s Testimony Was Admitted Despite His Lack of Legal Credentials
X Social Media LLC (“X Social Media”) and X Corp. both use the letter “X” in association with closely related advertising services. Put simply, X Corp. is an online and app-based social-media platform that allows users to create and share a wide range of digital content, including advertisements. X Social Media is an advertising agency…
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Economics Expert’s Testimony on Prime Enrollments and Cancellations Admitted
The Federal Trade Commission contended that Amazon tricked, coerced, and manipulated consumers into subscribing to Amazon Prime. According to the FTC, this was accomplished by failing to disclose the material terms of the subscription clearly and conspicuously and by failing to obtain the consumers’ informed consent before enrolling them. The FTC also alleged that Amazon…
