Mey v. DIRECTV, LLC, No. 5:17-CV-179-JPB-JPM (N.D. W. Va. Feb. 12, 2021) [click for opinion] In 2012, Plaintiff Diana Mey, an ordinary wireless consumer, entered into a cell phone service contract with AT&T Mobility which included an agreement to arbitrate “all disputes and claims” with AT&T Mobility and its “affiliates.” In 2015, the parent company of AT&T Mobility—AT&T Inc.—acquired DIRECTV. DIRECTV does not provide cell phone service. Some years later, Mey sued DIRECTV for making…

Zeevi v. Citibank, N.A., No. 2:19-cv-02206-GMN-BNW (D. Nev. Feb. 16, 2021) [click for opinion] In March 2019, Plaintiff Daniel Zeevi opened a bank account with a Las Vegas, Nevada branch of Defendant Citibank, N.A. (“Citibank”). In doing so, Zeevi restricted any potential text notifications related to his transaction history to those transactions of $101.00 or greater. Zeevi claimed that Citibank nevertheless sent him text messages related to transactions less than or equal to $100.00, in violation…

Vital Pharmaceuticals, d/b/a VPX Sports v. Pepsico, Inc., No. 20-CIV-62415-RAR (S.D. Fla. Dec. 21, 2020) [click for opinion] In March 2020, Plaintiff Vital Pharmaceuticals d/b/a VPX Sport (“VPX”) entered into a distribution agreement with Pepsi, Inc. (“Pepsi”), under which Pepsi agreed to distribute VPX’s Bang-branded energy products throughout the United States (the “Agreement”). Less than a year later, VPX terminated the Agreement without cause, claiming that Pepsi was failing to use “commercially reasonable efforts” to…