Category: 7th Circuit
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Caribou Coffee Faces Alleged TCPA Violations
A consumer has filed a proposed class action against Caribou Coffee Co. Inc. arguing the company violated the Telephone Consumer Protection Act (TCPA) by sending her “numerous unsolicited SMS text messages.” Farnham v. Caribou Coffee Co. Inc., No. 16-0295 (W.D. Wis., filed May 5, 2016). The plaintiff asserts that Caribou sent her 50 text-message advertisements…
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Cornucopia Institute Lawsuit Challenges “Unqualified Individuals” on NOSB
Public-interest group Cornucopia Institute has filed a lawsuit against Tom Vilsack in his capacity as Secretary of Agriculture alleging that he and the U.S. Department of Agriculture (USDA) violated the Organic Foods Production Act of 1990 by appointing “unqualified individuals” to the National Organic Standards Board (NOSB), which develops a list of synthetic substances allowed…
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Seventh Circuit Finds P.F. Chang’s Customers Have Standing to Sue for Data Breach
The Seventh Circuit Court of Appeals has revived a data breach lawsuit against P.F. Chang’s China Bistro, Inc., finding that the two plaintiffs have standing to sue despite eating at a restaurant apparently not linked to the breach. Lewert v. P.F. Chang’s China Bistro, Inc., No. 14-3700 (7th Cir., order entered April 14, 2016). Additional…
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Seventh Circuit Upholds Indiana Cold-Beer Sales Ban
The Seventh Circuit Court of Appeals has upheld an Indiana law restricting the sale of cold packaged beer in convenience stores, pharmacies and groceries in incorporated towns, finding that the statute survives a rational-basis analysis. Petroleum Mktrs. & Convenience Stores Assoc v. Cook, No. 14-2559 (7th Cir., order entered December 14, 2014). The court found…
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Jury Awards $240,000 to Muslim Workers Fired for Refusal to Transport Beer
A jury has awarded two Muslim men $240,000 after they were fired from Star Transport Inc. for refusing to transport beer because of their religious beliefs. EEOC v. Star Transport Inc., No. 13-1240 (C.D. Ill., jury verdict submitted October 21, 2015). Each man will receive $20,000 for mental or emotional pain and $100,000 in punitive…
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Subway to Measure Sandwiches Under Proposed Settlement Agreement
Subway has reached a settlement agreement in a case alleging its “footlong” sandwiches were not 12 inches in length. In re Subway Footlong Sandwich Mktg. & Sales Practices Litig., MDL No. 2439 (E.D. Wis., settlement agreement filed September 29, 2015). Under the agreement, Subway will require its franchisees to “use a tool for measuring bread…
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Whole Foods Reaches Settlement in Coupon Tax Dispute
Whole Foods Market Group and a consumer have reached a settlement agreement in a lawsuit alleging the company defrauded customers by calculating and adding sales tax to purchases before deducting any discounts from coupons. Wong v. Whole Foods Mkt. Grp., No. 15-0848 (N.D. Ill., stipulation filed October 12, 2015). The parties filed a joint stipulation…