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Sheehan
EAST ST. LOUIS A consumer has initiated a class action against Kashi, claiming the labeling on its Strawberry Soft Baked Breakfast Bars is misleading.
Shelia Johnson, individually and on behalf of all others similarly situated, filed a complaint May 2 in the U.S. District Court for the Southern District of Illinois against Kashi Sales LLC, alleging violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, breach of express warranty and implied warranty of merchantability, violation of the Magnuson Moss Warranty Act, fraud, unjust enrichment and negligent misrepresentation.
Johnson alleges in the class action that Kashi is misleading consumers with the labeling and marketing of its Soft Baked Breakfast Bars, which are labeled as ripe strawberry. She claims Kashi misrepresents that the fruit filling in the cereal bars contains more strawberries than it actually does, and the filling, which is mainly pears and apples
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The United States Court of Appeals for the Seventh Circuit, applying Illinois law, has held that common-law tort claims regarding errant faxes arose out of the Telephone Consumer Protection Act (TCPA) so as to trigger an exclusion in the relevant insurance policy.
Mesa Labs., Inc. v. Fed. Ins. Co., 2021 WL 1538230 (7th Cir. Apr. 20, 2021). The Court held that because the tort claims arose out of the same conduct as the statutory claims, which were clearly barred by the exclusion, the exclusion applied to the entire underlying lawsuit, and there was no duty to defend.
Bruce Steckler for the plaintiff
CHICAGO (Legal Newsline) - Sara Lee Frozen Bakery is called to federal court by a consumer upset that the snack cake manufacturer allegedly does not use only butter in its All Butter Pound Cake.
Plaintiff Paula Salouras filed the complaint on April 19 in the U.S. District Court for the Northern District of Illinois. Salouras says the pound cake is marketed to only use butter but actually also contains soybean oil shortening.
Salouras says she won t purchase the product from the defendant again until the soybean oil shortening is removed and only butter is used as advertised.
Buch
EAST ST. LOUIS A Shiloh couple was allegedly harassed by unlawful debt collection efforts despite their bankruptcy filing and discharge.
David Lee Bowder and Brenda Kay Bowder filed a complaint April 26 in the U.S. District Court for the Southern District of Illinois against PHH Mortgage Services alleging violation of the Fair Debt Collection Practices Act and Illinois Consumer Fraud and Deceptive Business Practices Act.
According to the complaint, the Bowders filed for joint Chapter 7 bankruptcy on May 29, 2009, which was converted to Chapter 13 bankruptcy on Nov. 18, 2009. They allege that PHH attempted to collect on their debt associated with their property on Katy Drive in Shiloh while having actual knowledge of their bankruptcy filing and discharge by sending them a payment demand for $50,335.74 on Aug. 20, 2020 and on Sept. 21, 2020. The plaintiffs further allege that on Nov. 17, 2020, Feb. 1, 2021 and March 2, 20201, PHH sent additi