After gyms closed in mid-March due to the coronavirus pandemic, LA Fitness was among the many fitness facilities faced with unforeseeable closures, outraged members, and class action litigation.  Last Thursday, a Florida federal judge ruled that a gym member did not have Article III standing to maintain a class action because he had already received a full refund of membership dues, and another gym member was bound to arbitrate his claims.  See Barnett v. Fitness…

Last week, a federal judge in the Southern District of New York dismissed a putative class action alleging that L’Oreal’s “EverSleek Keratin Caring” hair products deceived consumers into believing the products contained keratin. United States District Court Judge George B. Daniels rejected these allegations, finding that the challenged statements were clear both on their own and when read in context of the entire label. Judge Daniels analyzed all of the Plaintiff’s claims (which included breach of…

In Huskey v. Colgate-Palmolive Company, No. 4:19-cv-02710-JAR (E.D. Mo.), plaintiffs Drew Huskey and Jamie Richard (Plaintiffs) claimed that Colgate-Palmolive Company (Colgate) falsely advertised that its Speed Stick Stainguard antiperspirant products (Speed Stick) fight yellow stains and white marks on clothing.  Plaintiffs claimed that they purchased Speed Stick, but continued to experience marks and stains on their clothing.  The Complaint asserted claims for breach of implied warranty, breach of implied contract, unjust enrichment and injunctive relief…

On Tuesday, the New York Attorney General Letitia James announced a settlement with Dunkin’ Brands, Inc. over allegations that the company failed to adequately respond to years of cyberattacks that compromised customers’ online accounts. According to the lawsuit, Dunkin’ customers with “DD Perks” accounts were first targeted in early 2015 in a series of “credential stuffing attacks” — which were automated attempts to gain access to accounts using usernames and passwords stolen through security breaches…

In its Disclosures 101 for Social Media Influencers guide, the FTC recommended that when an influencer promotes a brand in a video, the influencer should disclose any connection it has to the brand in the video itself. In other words, the disclosure shouldn’t just appear in the description that accompanies the video. Although we haven’t seen this come up in FTC cases, a new NAD decision examines why this could be important. Procter & Gamble…

Next month, the Supreme Court starts its new term, one that has particular significance for practitioners litigating before and against the FTC.  In In our first ever video blog, partner John Villafranco discusses the two consolidated cases that will be heard this term, Federal Trade Commission v. Credit Bureau Center, LLC and AMG Capital Management, LLC v. Federal Trade Commission, and how the Court is set to decide whether Section 13(b) of the FTC …