Redbox and Robert Bork

Loyal readers of this blog may recall that we have written on two prior occasions about Redbox.  Well, here is a third. Read More ›

Prepare To Be Inundated? Supreme Court Affirms Federal Jurisdiction of TCPA Suits

The Supreme Court’s ruling in Mims v. Arrow Financial Services Ltd. last week put to rest the question of whether state courts are the “exclusive arbiters” of private rights of action under the Telephone Consumer Protection Act.  The answer is a unanimous no, and the path is now clear for private plaintiffs to bring an action for violation of the TCPA in either state or federal court. Read More ›

Nutella: Part of a Tasty Balanced Breakfast, Just Like Chocolate Syrup

In 2009, my wife and I were introduced to Nutella.  It was a wonderful, delicious time.   Read More ›

Redbox Revisited: Just What Is An Electronic Transaction?

Loyal blog readers may recall my paean to Redbox back in September. In that earlier post, I described a putative class action filed in federal court in California. The suit alleges that Redbox collects zip codes from credit card purchasers in violation of California’s Beverly-Song Act. Read More ›

Zip Codes and Class Actions: A Blossoming Relationship.

The number of class actions against retailers who request customers' ZIP codes is growing. The potential liability of those retailers may be growing, as well. Read More ›

Is Best Buy Stalking You?

In 1989, 21-year old Rebecca Schaeffer had just starred in a rather unsuccessful CBS sitcom called My Sister Sam.  CBS canceled the show in 1988 due to exceptionally low ratings, but Ms. Schaeffer’s TV career was on the rise. Read More ›

"Cereal Crimes" or Naturally Delicious?

Last Friday, General Mills Inc. joined the growing list of companies facing consumer class actions over “All-Natural” claims on food products.  The complaint alleges that General Mills’ Original Kix Crispy Corn Puffs and Honey Kix Crispy Corn Puffs are advertised as containing “all natural corn” or “all natural corn & honey” but actually contain corn “derived from unnatural genetically modified plants.” Read More ›

The Scope of Available Damages in Identity Theft Cases (In the First Circuit, It's Broader Than You May Think)

Consider this scenario: You purchase items at a store with your credit card. Months later, you learn that the store's credit card processing systems have been hacked. Not seeing any unauthorized charges on your credit card statement, you breathe a temporary sigh of relief, but you go out and purchase identity theft insurance just in case the hackers try to use your information in the future -- and to protect against breaches at other retailers. Unhappy with the store's failure to stop the security breach, you sue the store to recover the money you spent purchasing identity theft insurance. Read More ›

*Like* - Child Privacy Class Action Lawsuit Against Facebook Dismissed by California State Court

Facebook users are well versed with the "like" button.

A friend posts a funny photo. *Like* 

A friend sets an interesting status. *Like* 

Two people are now friends. *Like* 

A user has enjoyed using a website or product. *Like* Read More ›

Ode to Redbox

We interrupt this regularly scheduled legal blog for a paean to Redbox. . . .

I'll be the first to admit it:  I love Redbox.  There. I've said it.  In an age in which you can watch movies online through Netflix, Hulu or your cable company’s video on demand service, renting an actual DVD may seem outmoded.  Nevertheless, the idea that I can drive to my neighborhood 7-11 or CVS, plunk down a dollar and get a movie with my slurpee or prescription is just, well, great.  Read More ›