Pending Consumer Actions

These consumer protection cases were filed on behalf of the State of Idaho and are not “class action” lawsuits.

This is not an exhaustive list of the office’s ongoing litigation. The Attorney General encourages consumers who lost money due to the actions of the defendants identified in the following cases to file a complaint with his Consumer Protection Division.

If you have questions about the consumer protection violations alleged in the cases identified on this page, please contact the Consumer Protection Division. For general questions about your legal rights or options, please consult with a private attorney.

(Listed in alphabetical order by defendant)

April 11, 2012

United States of America v. Apple, Inc. et al

(United States District Court for the Southern District of New York) (Case Nos. 1:12-cv-03394-DLC)

The Attorney General joined with other states and territories and the U.S. Department of Justice in lawsuits alleging that Apple, Inc, and five large book publishers conspired to fix the price of newly released electronic books ("e-books") in violation of state and federal antitrust and competition law. For information regarding settlements with the publishers, read the Attorney General's press releases from August 30, 2012, October 22, 2012, May 23, 2013, and March 25, 2014.

Current Status:

  • Complaint filed against Apple on April 11, 2012.
  • A bench trial with Apple was held from June 3 to 20, 2013.
  • The court ordered that Apple had conspired to restrain trade in violation of state and federal law. A copy of the court's order can be read here.
  • In August 2013, the court will schedule a trial on damages.
  • A trial on the damages will be scheduled for the summer of 2014.

October 2, 2014

State of Idaho vs. Body Renew Fitness, LLC, d/b/a Body Renew Fitness and Tanning; and Dakota Douglas Routh

(Fourth Judicial District for the State of Idaho) (Ada County Case No. CVOC 1418944)

The Attorney General alleges Defendants engaged in false, deceptive, and unconscionable debt collection practices and accepted money from multiple consumers as payment for fitness and tanning services that Defendants failed to provide. Read the lawsuit.

Current Status:

  • Complaint filed October 2, 2014.
  • Complaint served on all Defendants October 11, 2014.
  • Amended Complaint filed November 17, 2014.

April 16, 2013

State of Idaho vs. CoiNuts, Inc., Kevin Evrard Mitchell, and Sarah Marie Mitchell

(First Judicial District for the State of Idaho) (Kootenai County Case No. CV13-2769)

The Attorney General alleges the Defendants accepted money from multiple consumers as payment for gold and silver coins that Defendants failed to deliver to the purchasing consumers. Read the lawsuit.

Current Status:

  • Complaint filed April 16, 2013.
  • Defendant Kevin Mitchell filed his Answer to Plaintiff's Complaint June 7, 2013.
  • Defendant Sarah Mitchell filed her Answer to Plaintiff's Complaint June 28, 2013.
  • Default Judgment (CoiNuts, Inc.) entered September 6, 2013 for $742,826.
  • State's Motion for Summary Judgment filed November 29, 2013.
  • Hearing on State's Motion for Summary Judgment (K. Mitchell) scheduled for August 4, 2014.
  • Court granted State's Motion for Summary Judgment (K. Mitchell) on September 15, 2014.
  • Status conference scheduled for October 31, 2014.
  • State’s Motion for Order Awarding Restitution and Civil Penalties filed October 31, 2014.
  • Trial scheduled July 20-22, 2015.

July 14, 2006

State of Idaho, et al. vs. Infineon Technologies AG; Infineon Technologies North America Corp.; Hynix Semiconductor, Inc.; Hynix Semiconductor America, Inc.; Micron Technology, Inc.; Micron Semiconductor Products, Inc.; Mosel Vitelic, Inc.; Mosel Vitelic Corp.; Nanya Technology Corporation; Nanya Technology Corporation USA, Inc.; Elpida Memory, Inc.; Elpida Memory (USA) Inc.; NEC Electronics America, Inc.

(United States District Court, Northern District of California) (Case No. C06-4333 SC) (OAG File No. 28068-126859)

The Attorney General alleged that the defendants agreed with their competitors to fix DRAM prices, causing the price of DRAM and products containing DRAM, such as computers, laptops, and servers, to be higher than what they would have been absent the agreement and action by the defendants. Read the lawsuit.

Current Status:

  • Complaint was filed July 14, 2006.
  • Third Amended Complaint filed November 7, 2007.
  • Settlement announced January 23, 2007 with defendants Samsung Electronics Company Ltd.; and Winbond Electronics Corporation and their applicable subsidiaries.
  • Defendants Amended Answers filed September 2007.
  • Settlement announced June 24, 2010 with defendants Elpida Memory Inc.; Hynix Semiconductor, Inc.; Infineon Technologies A.G.; Micron Technology, Inc.; Mosel-Vitelic Corp.; NEC Electronics America, Inc; and their applicable subsidiaries; case against Nanya Technology Corp. continues.
  • Settlement process being implemented and subject to court review.

February 5, 2013

State of Idaho, through Attorney General Lawrence Wasden v. The McGraw-Hill Companies, Inc. and Standard & Poor's Financial Services LLC.

The Attorney General alleges that defendants made misleading and deceptive statements to Idaho consumers about the characteristics of its analytical services, in violation of the Idaho Consumer Protection Act. Read the lawsuit.

Current Status:

  • Complaint filed February 5, 2013.
  • Defendants removed case to Federal Court March 6, 2013.
  • State filed motion to remand on March 18, 2013.
  • Case transferred to Southern District of New York for consolidated pre-trial proceedings as a multidistrict litgation ("MDL").
  • Remand motions were argued before the Court in October, 2013;
  • The MDL Court remanded the case back to state court on June 3, 2014.
  • The parties are currently engaged in discovery.
  • State filed amended complaint on June 17, 2014.
  • On December 4, 2014, the Court filed a Memorandum Decision and Order which denied, in part, Defendants’ motion to dismiss the case for lack of jurisdiction. The Court determined that it has specific jurisdiction over the Defendants, and granted the State’s motion to compel Defendants to respond to its discovery requests.

August 14, 2008

State of Idaho by and through the Lawrence G. Wasden, Attorney General, and the Idaho State Tax Commission vs. Native Wholesale Supply Company, a corporation, and Does 1 through 20.

(Idaho District Court for the Fourth Judicial District) (Ada County Case No. CVOC08-15228) (OAG File No. 150730-201509)

The Attorney General alleged that defendant violated Idaho’s Tobacco Master Settlement Agreement Complementary Act and applicable Idaho cigarette tax laws as a result of its cigarette sales to Idaho retailers. Read the lawsuit.

Current Status:

  • Verified Complaint filed August 14, 2008.
  • Removed to Federal Court September 17, 2008.
  • Remanded to State Court April 7, 2009.
  • State filed Motion for Preliminary Injunction on April 9, 2009.
  • Defendant filed Motion to Dismiss on May 6, 2009.
  • Court’s Memorandum Decision and Order denying Defendant’s Motion to Dismiss and granting State’s Motion for Preliminary Injunction on May 20, 2010.
  • State filed Motion for Summary Judgment on June 23, 2010.
  • Court granted State’s motion for summary judgment and judgment was entered on April 11, 2011.
  • Native Wholesale Supply appealed on May 5, 2011 and on August 15, 2013, the Idaho Supreme Court issued decision. The decision is not yet final.

March 12, 2013

Federal Trade Commission and State of Idaho vs. St. Luke's Health System, Ltd and Saltzer Medical Group, P.A.

For current information on this case, please click here.

Last updated 12/9/2014
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