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On November 9, 2020, the Southern District of New York largely denied a motion to dismiss filed by Peloton, which argued that two plaintiffs failed to state a claim for deceptive trade practices and false advertising under the New York General Business Laws. Among other issues, the case analyzed whether the term “ever-growing” constituted non-actionable puffery and whether statutory consumer protection claims can lie when an allegedly deceptive advertising campaign is arguably clarified by disclosures in a Terms of Service agreement.
Plaintiffs Alicia Pearlman and Eric Fishon filed suit against Peloton Interactive, Inc. (“Peloton”), bringing claims under Sections 349 and 350 of the New York General Business Laws (“NYGBL”) for deceptive acts and practices and false advertising, respectively.