Recently dismissed lawsuits overview:
- Who: U.S. federal judges recently dismissed class action lawsuits filed against Wiley Wallaby, Piedmont Healthcare, Urban Outfitters, Amazon and Google.
- Why: The judges dismissed the complaints for failure to allege any actual damages and failure to adequately claim law violations, among other reasons.
- Where: The recently dismissed class action lawsuits were filed in U.S. federal courts.
Judges recently dismissed several class action lawsuits in U.S. federal courts. The complaints involve Wiley Wallaby, Piedmont Healthcare, Urban Outfitters, Amazon and Google.
A judge may decide to dismiss a class action lawsuit if a plaintiff fails to adequately claim the defendant broke the law or if the defendant lacks standing for their claims, among other reasons.
The class action lawsuits involving Google and Piedmont Healthcare are ongoing, despite the dismissals.
Judge dismissed claims Wiley Wallaby falsely advertised licorice product
In September, a California federal judge dismissed a class action lawsuit filed against Wiley Wallaby over claims the gourmet licorice company falsely advertised its Very Berry licorice as naturally flavored.
The class action lawsuit argued Wiley Wallaby advertised its Very Berry licorice was naturally flavored, despite allegedly containing the artificial flavoring DL malic acid.
The judge determined the class action lawsuit failed to reach fraud law violation standards and lacked the particulars necessary for the artificial flavoring claims.
The court also found the consumer behind the complaint failed to adequately demonstrate the labeling was false or misleading.
Piedmont Healthcare beats claims it unlawfully disclosed private info
A Georgia federal judge recently tossed an amended class action lawsuit filed against Piedmont Healthcare over claims it unlawfully disclosed confidential health information with Facebook parent Meta Platforms via the Meta Pixel tracking tool.
U.S. District Judge Thomas W. Thrash Jr. determined the plaintiffs failed to allege any actual damages and said similar pixel tracking cases favored Piedmont’s argument for dismissal.
“This is not a case where the plaintiffs’ personal information was stolen by criminal hackers with malicious intent,” he wrote. “The plaintiffs received targeted advertisements because they are Facebook users and have Facebook IDs. The court finds the plaintiffs’ damages theories untenable.”
The class action lawsuit, which the plaintiffs amended in January, argued Piedmont unlawfully shared confidential health information with Meta by installing the Meta Pixel tracking tool on its website and patient portal.
The plaintiffs have asked Judge Thrash to reevaluate the decision.
Judge tosses claims Urban Outfitters illegally tracked customers
In July, a Pennsylvania federal judge dismissed a class action lawsuit filed against Urban Outfitters over claims the lifestyle company unlawfully used spy pixels to track its customers through email.
U.S. District Judge Cynthia M. Rufe ruled the consumer who filed the complaint failed to show Urban Outfitters violated Arizona recording laws and willingly subscribed to the company’s emails on her own accord, thus lacking standing for her claims.
The class action lawsuit argued Urban Outfitters violated Arizona law by embedding trackers in its marketing emails without first receiving permission.
Urban Outfitters argued the complaint did not show its use of trackers for its promotional emails constituted an invasion of privacy.
Amazon beats claims it misled consumers about benefits of Prime subscription
A Washington federal judge recently dismissed a class action lawsuit filed against Amazon over claims the company misled consumers about the benefits of its Prime subscription service.
U.S. District Judge Tana Lin determined the consumers behind the complaint failed to adequately claim Amazon committed deceptive practices under a Washington consumer protection law.
The class action lawsuit argued Amazon misled consumers by charging a hidden $9.95 delivery fee for some purchases made with Whole Foods.
Amazon argued the benefits of its Prime subscription are subject to change and it has the sole discretion to add or remove benefits, including free delivery.
Judge tosses claims Google eavesdropped on Verizon users’ customer service calls
In June, a California federal judge dismissed a class action lawsuit filed against Google over claims the company unlawfully eavesdropped on customer service calls made by Verizon users.
The judge determined the California Invasion of Privacy Act shielded Google from claims due to an exemption within the law for telephone companies and their agents.
The complaint argued Google violated CIPA by allegedly using its Google Cloud Contact Center AI to both listen to and transcribe the conversations of Verizon users during customer service calls.
Google argued the class action lawsuit failed to state a claim on which relief could be granted.
The judge gave a deadline of July 22, 2024, for the plaintiffs to file an amended complaint, which they did.
Have you been part of a class action lawsuit that was later dismissed? Let us know in the comments.
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