Class Action Lawsuits
Here are a bunch of new lawsuits. THe Wells Fargo suit is the one in the news recently. The bank admitted it forced placed expensive auto insurance on consumers (and of course got a kickback).
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Wells Fargo Fraudulently Force-Placed CPI Auto Insurance Class Action
When plaintiff Paul Hancock bought a vehicle in February 2016, the complaint for this class action says, he financed it with a loan from Wells Fargo and purchased an auto insurance policy through Allstate. However, in May 2016, the complaint says, Wells Fargo force-placed an insurance policy on his vehicle and charged him $598 for it. The complaint alleges that Hancock repeatedly contacted Wells Fargo to tell them that he already had the necessary insurance coverage, but that the bank refused to return the money they had collected and continued to try to force him to pay for the insurance, including being charged a late fee as soon as the CPI policy was established. According to the complaint, Hancock was only one of 800,000 auto loan customers ensnared in the Wells Fargo and National General Insurance Company scheme, one that pushed 250,000 of them into delinquency and caused the unlawful repossession of nearly 25,000 vehicles.
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Fundbox Auto-Dialed Telemarketing Calls to Cell Phones TCPA Class Action
The complaint for this class action charges that Fundbox, Inc., a business loan company, violated the Telephone Consumer Protection Act (TCPA) by making telemarketing calls to cells phones using automatic dialing systems. Fundbox made telemarketing calls to plaintiff James Everett Shelton’s cell phone, using an automatic dialing system, even though the phone was listed on the Do Not Call Registry.
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Forever 21 New York State Unlawful Sale Tax on Clothing and Footwear Class Action
The complaint for this class action alleges that retailer Forever 21 charged customers sales taxes on clothing that should have been exempt from it based on the purchaser’s send-to address. Plaintiff Laura Togut claims that she bought about twenty items of clothing from Forever 21’s website, with each item priced below $110, for a total of $283.40. The items were delivered to her New York City address, the complaint says, so the sale should have been exempt from sales tax, but Forever 21 charged an extra $22.90 for sales tax, bringing Togut’s order to $306.30.
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Auto Insurance Specialists Telemarketing Text Message TCPA Violation Class Action
The Telephone Consumer Protection Act (TCPA) was designed to stop abusive and persistent telemarketing to consumer phones, but it doesn’t just cover telemarketing calls and faxes; it includes telemarketing text messages as well. Plaintiff Melissa Humphreys alleges that Auto Insurance Specialists, LLC (AIS) sent a text message to her cell phone in an attempt to sell her auto insurance, which was made with the use of an automatic dialing system. The message read, “Home MSG: I can help reduce care insurance to only $29 a month if you call now Melissa! It takes 5 minutes to complete, but if not, you can reply NO”.
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Discover Financial Services 600 Violations of TCPA and Debt Collection Laws Case
Plaintiff Mazen Fares alleges that Discover Financial Services called him on his cell phone six hundred times between August 2016 and the filing of this case, in a jaw-droppingly blatant violation of the Telephone Consumer Protection Act (TCPA). The complaint claims that Discover called his cell phone repeatedly using an automatic dialing system and pre-recorded or artificial voice and called him several times in a day and on back-to-back days, with a high enough frequency that the calls can only have been intended to harass, thus also violating Florida debt-collection laws.
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Discover Financial Services Four Hundred Autodialed Calls TCPA Lawsuit
According to the complaint for this lawsuit, sometime around August 2015, Discover Financial Services began communicating with plaintiff Yaakov Kilberg by calling his cell phone, using an automatic dialer, a violation of the Telephone Consumer Protection Act (TCPA). Despite Kilberg’s telling Discover not to call him with an auto-dialer on his cell phone, Discover continued to call—four hundred and two times!
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Olivella “Natural” Face and Body Liquid Soap Investigation
What could be more “natural” than a face and body liquid soap made from olive oil? Perhaps one without chemicals and preservatives?
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WellPet Wellness Dog Food Arsenic and Lead Contamination Class Action
This class action contends that two of the company’s products—Wellness® CORE® Adult Dry Ocean Whitefish, Herring Meal and Salmon Meal and Wellness® Complete Health Adult Dry Whitefish and Sweet Potato—are contaminated with lead and arsenic. Although the EPA has set limits on arsenic in bottled water at 10 ppb, and the FDA on lead in bottled water at 5 ppb, the complaint claims that independent testing has shown that these Wellness products contain well over 1,000 ppb of arsenic and around 220 ppb of lead.
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Web.Com Group Improper Automatic Service Renewal California Class Action
California has detailed regulations about the requirements for automatic subscription renewals or renewals of continuous services, and the complaint for this class action alleges that Web.Com Group violated them, making automatic renewals and charging consumers’ credit or debit cards or accounts without obtaining proper, affirmative consent, and without an acknowledgement that would allow them to cancel easily.
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Class Action Settlements
A bunch of new settlements. Most everyone qualifies for the lithium battery settlement and the egg settlement. Take a look.
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Lithium-Ion Batter Antitrust Class Action Lawsuit
The plaintiffs in this lawsuit allege that the defendents, including SONY, LG, Hitachi, Maxell and NEC, conspired to raise and fix the prices of cylindrical Li-Ion Cells for over ten years, resulting in overcharges to indirect purchasers of portable computers, camcorders, and power tools containing Li-Ion Cylindrical Batteries.
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Eggs and Egg Products Antitrust Settlement
This combined class action alleges that the many defendants illegally conspired to reduce the supply of eggs in the US domestic market, by means such as agreements to limit or dispose of hen flocks, a pretextual animal welfare program designed to reduce the egg supply, agreements to export eggs to remove them from the domestic market, and unlawful coercion to make sure others complied.
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New York Life TCPA Cell Phone and Do Not Call Phone Settlement
New York Life has agreed to settle a class action alleging that it violated the TCPA by placing unsolicited calls, on or after May 13, 2012, to cell phones and phones on the National Do Not Call Registry, using an automatic telephone dialing system or artificial or pre-recorded voice.
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Real Time Resolutions Settled-Debt Collection Class Action
This class action alleges that Real Time Resolutions attempted to illegally collect a debt in violation of federal and state debt collection laws by not naming the true original creditor and by adding unlawful fees.
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HSBC California Call Recording Settlement
This agreement settles three California class actions alleging that HSBC Card Services, Inc. and HSBC Technology & Services (USA), Inc. violated CIPA by recording or monitoring telephone calls to cardholders without the cardholders’ consent.
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Real Ham Bone for Dogs Settlement
The complaint for this class action alleges that Dynamic Pet Products, LLC and Frick’s Meat Products, Inc. violated Missouri law in marketing and selling the Real Ham Bone for Dogs product as safe. In fact, the bones splintered into needle-like shards which caused injury and even death to some dogs when they chewed or ate the bones.
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Jason Sodium Laurel Sulfate Chemical in Products Settlement
Hain Celestial has agreed to settle a class action case that alleges that certain of its Jason products contained the chemical sodium laurel sulfate, even though they were advertised as not containing it.
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FTC NetSpend Prepaid Debit Card Settlement
Thanks to a case brought by the Federal Trade Commission, NetSpend has agreed to provide refunds and settle a case related to NetSpend’s prepaid debit cards. The plaintiff alleged that NetSpend advertised immediate access to funds, guaranteed approval, and always-available funds, among other benefits, that they did not or could not provide.
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Rust-Oleum Spray Paint Coverage Settlement
This is the settlement for a class action alleging that Rust-Oleum deceptively advertised its 2x spray paint products as offering twice as much coverage as competing brands. The products included in this action include the following:
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USAA Sales Tax Payment on Totaled Cars Settlement
USAA has settled a class action alleging that, when its auto insurance companies calculated Actual Cash Value payment amounts on totaled cars, they sometimes did not properly figure in the sales tax. Actual Cash Value payments are based on the estimated amount it would cost at the time to buy a comparable vehicle, minus any deductibles.
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Sirius Pre-1972 Recordings Settlement
The complaint for this class action alleges that Sirius XM has been performing, distributing, and reproducing recordings made prior to February 15, 1972, as part of its satellite and Internet radio services, even though it has no license or authorization from the owners of the recordings to do so.
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