On April 8, 2013, the United States District Court for the Central District of California denied the plaintiff’s motion for class certification in Torres v. Nutrisystem, Inc., SACV 12-01854-CJC (JPRx), a lawsuit alleging Nutrisystem violated California Penal Code sections 632 and 632.7.
Penal Code section 632 prohibits the surreptitious recording of confidential communications made over
In its second major decision in two years involving the Song-Beverly Credit Card Act – which prohibits retailers from obtaining and recording customers’ “personal identification information” as a condition to accepting credit cards for payment of goods or services – the California Supreme Court gave retailers a
post-holiday victory when it held in Apple v.
Notwithstanding the U.S. Supreme Court’s 2011 decision in AT&T Mobility v. Concepcion, California courts continue to muddle through whether a court can mandate classwide arbitration, particularly in the context of arbitration agreements between employer and employee. Truly Nolen of America v. Superior Court, decided this week by California’s Fourth District Court of Appeal,