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Marcia Mei-Lee Liu, Individually and On Behalf of A Class of All v. Amerco; U-Haul International, Inc

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Before Boudin, Lipez and Thompson, Circuit Judges.

On July 21, 2010, Marcia Liu filed a complaint in federal district court in Massachusetts charging Amerco, Inc. and its wholly owned subsidiary U-Haul International, Inc.–collectively “U-Haul”–with violating Massachusetts General Laws ch. 93A. The complaint asserted that U-Haul had engaged in what was in substance an attempted price-fixing scheme and the complaint sought damages on behalf of both Liu and a large class of persons who rented U-Haul vehicles for certain trips within a specified period.

Ordinarily, when a seller of goods or services attempts to fix prices with a competitor but fails in that endeavor, no consumer is damaged; but Liu’s complaint alleged peculiar facts not uncovered by Liu but recounted in documents stemming from an investigation by the Federal Trade Commission (“FTC”); the documents included the summary of a proposed consent order between U-Haul and the agency made public in the month before Liu filed her own law suit. Federal Trade Commission, U-Haul Int’l, Inc. and AMERCO, 75 Fed. Reg. 35033, 35034 (June 21, 2010) (hereinafter “FTC Summary”).

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