..."defendant is engaging in consumer-oriented conduct which is deceptive or misleading in a material way, and that the plaintiff has been injured because of it .... Deceptive acts or practices may be defined as representations or omissions likely to mislead a reasonable consumer acting under the circumstances ...."
1. HR et al can't hide under "Opinion"; 2. Aggrieved Party: the Plaintiffs + Tutes + Public Traders/Consumers. Have you noticed? Ambulance-Chasing Attys, who were all over National Business Media last March 4, 2019 are now silent(ly accumulating YRIV? lol). 3. HR et al have been given 3 chances to appear, and were effectively No Show. ;-)