Public Vector Legal IntelligenceDaily Vigilance Briefing
Sunday, July 19, 2026
A daily perspective on filings, legal developments, and settlements across the consumer law space — built to keep you on top of the competition, the trends, the state of the law, and the value of cases.
New filings55
Consumer-protection actions docketed in the last few days — found by nature of suit, with the filing firm and a docket link.
Consumer Fraud / False Advertising
Mason v. American Honda Motor Co., Inc. (C.D. Cal., 2026-07-16)filed by Ahdoot & Wolfson, PC ·
docket ↗ Antares Group, Inc. v. Salata Holding Company, LLC (N.D. Ga., 2026-07-15)filed by Kevin Patrick Law, LLC ·
docket ↗ Karr v. Kao USA Inc. (S.D.N.Y., 2026-07-15)filed by Fitzgerald Monroe Flynn PC ·
docket ↗ McWhite v. Westlake Financial (M.D. Fla., 2026-07-14) RUIZ v. TOWER ADMINISTRATIVE SERVICES, INC. (E.D. Pa., 2026-07-14)filed by East End Trial Group LLC ·
docket ↗ Consumer Credit (FCRA / FDCPA)
DURGAVARJHULA v. BANK OF AMERICA, N.A. (E.D. Pa., 2026-07-17) VANDERBEND v. UNITED STATES DEPARTMENT OF EDUCATION (D.D.C., 2026-07-16) ALI v. EQUIFAX INFORMATION SERVICES LLC (E.D. Pa., 2026-07-15) Jones v. Equifax Information Services LLC (M.D. Fla., 2026-07-15) Pinney v. TransUnion LLC (M.D. Fla., 2026-07-14) Venturini, Brandon v. Checkr, Inc. (W.D. Wis., 2026-07-14) WARD v. JOHNSON MARK LLC (N.D. Tex., 2026-07-14)filed by Ciment Law Firm, PLLC, TX ·
docket ↗ Harding v. Equifax Consumer Services, LLC (M.D. Fla., 2026-07-14)filed by Daniel Lenghea Law, PA ·
docket ↗ Harding v. Experian Information Solutions, Inc. (M.D. Fla., 2026-07-14)filed by Daniel Lenghea Law, PA ·
docket ↗ ADA / Web Accessibility
Lopez v. Pierre (C.D. Cal., 2026-07-17)filed by So Cal Equal Access Group ·
docket ↗ Doe v. University of Dayton (S.D. Ohio, 2026-07-17) Barnett v. Dollar Tree (M.D. Fla., 2026-07-16) Alvear v. Columbia Brands Usa, LLC (M.D. Fla., 2026-07-16)filed by Law Office of Pelayo Duran, PA ·
docket ↗ PURIFOY v. ESCAMBIA COUNTY AREA TRANSIT (N.D. Fla., 2026-07-15) Stanley v. Mableton Road LLC (N.D. Ga., 2026-07-15)filed by Law Office of Pete Monismith ·
docket ↗ Cox v. Sai Baba Quick Stop, Inc. (S.D.N.Y., 2026-07-15)filed by The Marks Law Firm, PC ·
docket ↗ Cullina v. Morgan Stanley Smith Barney LLC (D. Mass., 2026-07-15) Victor v. SMCP USA, INC. (S.D. Fla., 2026-07-15) Brito v. Duquesnay Properties Inc. (S.D. Fla., 2026-07-15)filed by Law Office of Ramon J. Diego, P.A. ·
docket ↗ Petersen v. Vera Bradley Sales, LLC (M.D. Fla., 2026-07-14) Latanya Williams v. Ju Ju B Accessory, Inc. (C.D. Cal., 2026-07-14)filed by So Cal Equal Access Group ·
docket ↗ EVANS v. THE CORDISH COMPANIES INC (N.D. Fla., 2026-07-14) Espinal v. The Blue Dog in Boca Inc (S.D. Fla., 2026-07-14)filed by Sconzo Law Office, P.A. ·
docket ↗ Espinal v. Untuckit Retail, LLC (S.D. Fla., 2026-07-14)filed by Sconzo Law Office, P.A. ·
docket ↗ Espinal v. Jupiter Grill Harbourside LLC (S.D. Fla., 2026-07-14)filed by Sconzo Law Office, P.A. ·
docket ↗ Espinal v. Verthius LLC (S.D. Fla., 2026-07-14)filed by Sconzo Law Office, P.A. ·
docket ↗ Espinal v. KATZNER'S DELITERRANEAN CAFE, LLC (S.D. Fla., 2026-07-14)filed by Sconzo Law Office, P.A. ·
docket ↗ Espinal v. Mycajita Corporation (S.D.N.Y., 2026-07-14) Espinal v. Fiskars Living US, LLC (S.D.N.Y., 2026-07-14)filed by Gottlieb & Associates ·
docket ↗ Privacy / Consumer Statutory
Leyva v. MII Brand Import, LLC (N.D. Ill., 2026-07-17) AT&T Inc v. Nixon Peabody LLP (N.D. Ill., 2026-07-16)filed by Riley Safer Holmes & Cancila LLP ·
docket ↗ SMITH NELSON v. META PLATFORMS, INC. (D.D.C., 2026-07-16)filed by Orrick, Herrington & Sutcliffe LLP ·
docket ↗ Qualcomm Incorporated v. Wi-LAN Inc. (W.D. Tex., 2026-07-16) B.W. v. INVITAE CORPORATION (N.D. Ill., 2026-07-15)filed by Kirkland & Ellis LLP ·
docket ↗ Lyman v. Warner (D. Or., 2026-07-15) Alvarez v. Apple Inc. (N.D. Cal., 2026-07-15) Green v. Citizens Debt Relief, LLC (M.D. Fla., 2026-07-15) Montoya v. Dolgencorp, LLC (M.D. Tenn., 2026-07-15)filed by Bryson Harris Suciu & DeMay PLLC ·
docket ↗ Roadcase.com, Inc. v. Proforward Inc. (M.D. Fla., 2026-07-15)filed by Quarles & Brady, LLP ·
docket ↗ Belforest Water System v. The City of Daphne (S.D. Ala., 2026-07-15) McNeil v. Bank of America (W.D.N.C., 2026-07-15) Jai Opetaia v. International Boxing Federation, Inc. (D. Nev., 2026-07-14) Lasseter v. Amazon.com, Inc. (M.D. Fla., 2026-07-14)filed by Farrell & Fuller LLC ·
docket ↗ Bockelman-Phillips v. General Motors LLC (D. Idaho, 2026-07-14) Flemming v. Google LLC (N.D. Cal., 2026-07-14) Antitrust / Consumer Price-Fixing
Target Corporation v. Keurig Green Mountain, Inc. (S.D.N.Y., 2026-07-17) City of Providence v. Oshkosh Corporation (E.D. Wis., 2026-07-15) City of Bellingham v. REV Group LLC (E.D. Wis., 2026-07-14) Writers Guild of America, West, Inc. v. Paramount Skydance Corporation (N.D. Cal., 2026-07-14) Product Liability / Property Damage
Cincinnati Casualty Company v. Shenzhen Lepower International Electronics Co. Ltd. (N.D. Ill., 2026-07-15)filed by Grotefeld, Hoffmann, Schleiter, Gordon & Ochoa, LLP ·
docket ↗ Recent rulings29
Consumer-protection decisions — how the theories are faring (class cert, motions to dismiss, appellate reversals).
False advertising / deceptive
Calm v. Taylor (Del. Ch., 2026-07-17) Hettinger v. Bozzuto Management Company (D.D.C., 2026-07-15)The court certified two Rule 23(b)(3) damages classes (Drip-Pricing and Overcharge) because common legal theories and calculable, relatively small damages predominated over individual issues, but declined to certify a class for injunctive relief because the named plaintiff, as a former tenant, lacked standing to seek forward-looking relief.
KetoNatural Pet Foods v. Hill's Pet Nutrition (10th Cir., 2026-07-14)The Tenth Circuit held that KetoNatural plausibly alleged that some of Hill's own statements constituted commercial speech that was literally false, sufficient to survive Rule 12(b)(6), but that statements by affiliated veterinarians and non-profit organizations were not commercial speech because they lacked direct references to Hill's products and sufficient allegations of economic motivation, so the case is remanded for further proceedings including determination of the correct pleading standard.
Robert Weissman v. Clearview AI, Inc. (7th Cir., 2026-07-13)The Seventh Circuit vacated approval of the class settlement because no class representative independently represented the disfavored Nationwide Class in negotiating the allocation of monetary benefits, which favored state-law subclasses, violating Rule 23's requirement of structural assurances of adequate representation for groups with conflicting interests.
Mehl v. BP Energy Company (10th Cir., 2026-07-06)The Tenth Circuit affirmed dismissal, holding that Plaintiffs' KCPA claims are field-preempted by the Natural Gas Act because, applying a claim-specific analysis, the specific theory underlying their lawsuit improperly extends state law into FERC's exclusive jurisdiction over wholesale natural-gas rates and practices rather than merely addressing background marketplace conditions.
Hernandez-Castrodad v. Steidel-Figueroa (1st Cir., 2026-07-01) Privacy / wiretap
William Clements v. Gunnar Optiks, LLC (7th Cir., 2026-07-10)The Seventh Circuit held that dismissal under Rule 12(b)(6) was premature because whether Gunnar's data collection falls within BIPA's HIPAA-health-care exclusion depends on factual questions—such as whether the 'virtual try on' service was for medical treatment (not merely aesthetics) and whether Gunnar actually complied with HIPAA's consent and confidentiality rules—that cannot be resolved from the complaint alone, so the case was vacated and remanded for further proceedings.
Com. v. Smith, K. (Pa. Super. Ct., 2026-07-08) State v. Tisdale (Ohio Ct. App., 2026-07-06) State v. Fair (N.C. Ct. App., 2026-07-01) Credit reporting (FCRA / FDCPA)
James Wendelin Eiler and Kathryn Ann Eiler (Tax Ct., 2026-07-14)The full settlement proceeds, including the attorney's fees and costs portion, are includible in the Eilers' gross income because the FCRA fee-shifting provisions do not apply to settled (as opposed to adjudicated) claims, and their FCRA claims concerning fair and accurate credit reporting do not constitute 'unlawful discrimination' civil rights claims under I.R.C. § 62(e)(18)(i), so no offsetting deduction is available under § 62(a)(20).
Lucas v. Guzman (D.D.C., 2026-07-10) ADA / Web accessibility
Brenyah v. Columbia Hospital (5th Cir., 2026-07-14) Price v. Diab (9th Cir., 2026-07-13)The Ninth Circuit held that a plaintiff who obtains a default judgment and permanent injunctive relief altering the defendant's behavior in her favor is a 'prevailing party' under the ADA's fee-shifting statute, even if the injunction merely requires compliance with pre-existing federal law, and remanded for the district court to determine a reasonable fee award.
In the Interest of Q.C. and P.C., Children v. the State of Texas (Tex. App.-Fort Worth, 2026-07-09) Shanks v. International Union of Bricklayers and Allied Craftworkers (D.D.C., 2026-07-07) Moseley v. International Union of Bricklayers and Allied Craftworkers (D.D.C., 2026-07-07) Matter of Doe v. State Univ. of N.Y. (N.Y. App. Div., 2026-07-02) Fees & auto-renewal
Wilkins v. Cruise, LLC (Cal. Ct. App., 2026-07-14)The court held that the Cruise Terms of Service sign-in wrap agreement, including its arbitration clause, was enforceable against Wilkins, and that GM entities sued as agents/alter egos of Cruise were not 'third parties' under Code of Civil Procedure section 1281.2(c), so the trial court's denial of arbitration was reversed and the case remanded to compel arbitration.
Tuma v. Britt (Mont., 2026-07-07) Robocalls & texts (TCPA)
Seth Steidinger v. Blackstone Medical Services (7th Cir., 2026-07-14)The Seventh Circuit held that 47 U.S.C. § 227(c)(5)'s private right of action for repeated 'telephone calls' does not encompass text messages based on the ordinary public meaning of 'telephone call' at the time of enactment and the differing statutory language between § 227(b) and § 227(c)(5), so the district court properly dismissed the TCPA claims and declined supplemental jurisdiction over the state-law claim.
Debt collection & servicing
Relator, LLC v. Erskine (9th Cir., 2026-07-15) Bank of America, N.A. v. Magalong (Haw. App., 2026-07-06)The ICA affirmed summary judgment and interlocutory decree of foreclosure for the Bank, holding that the loan-modification argument was waived for not being raised below, the endorsement/authority argument failed because Magalong presented no evidence rebutting the statutory presumption of authenticity, and the Bank's servicing records (including incorporated prior servicer records) were sufficiently shown to be trustworthy business records under the business records exception.
Insurance practices
1199 Seiu (2d Cir., 2026-07-10) Miramar Capital, LLC v. Wells Fargo Clearing Services, LLC (Ill. App. Ct., 2026-07-09)The appellate court held that the trial court did not abuse its discretion in its evidentiary rulings and that the remitted punitive damages award of $1.1 million against Hefter was not grossly excessive under Illinois common law or federal due process, given the reprehensibility of Hefter's conduct and comparable case law, and therefore affirmed the judgment in full while declining to address Kalman's request to restore the original punitive damages amount.
State consumer-protection statutes
Asinga v. Gatorade Co. (2d Cir., 2026-07-17)The Second Circuit deferred decision and certified two unsettled questions of New York law to the New York Court of Appeals—whether the economic loss doctrine bars tort claims as duplicative of contract/products liability claims when no viable contract or products liability claim exists, and whether nonconsensual ingestion of a substance affecting athletic eligibility constitutes a cognizable tort injury—because existing New York precedent provides no clear analog for resolving whether Asinga's undetectable bodily change and resulting competitive disqualification sound in tort or are barred as purely economic loss.
Creditincome Limited v. the Swiss Confederation (2d Cir., 2026-07-16) James G. Lowe, M.D. v. Bernard Audet (N.J., 2026-07-15)The Court held that insurance brokers, producers, and agents are not exempt from the Consumer Fraud Act as 'semi-professionals' under the learned professional exception because their minimal licensing requirements and the CFA's broad remedial purpose preclude extending judicially created exemptions to them, so it reversed dismissal of the CFA count and remanded for further proceedings.
Scott Diana v. LVNV Funding LLC (N.J., 2026-07-08)The New Jersey Supreme Court held that the Consumer Finance Licensing Act does not contain an implied private right of action allowing a borrower to sue to void a loan contract, because the statute's voiding provision is part of a penal enforcement scheme rather than evidence of legislative intent to create a private civil remedy, and enforcement of such penal provisions is left to designated government agencies absent express legislative authorization.
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