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Consumer Class Action Lawsuits Newsletter

Recently, Class Actions Reporter shared with us their newsletter for August 2017. The Consumer Class Action Lawsuits are as follows:

This is my first newsletter in some time.  Life sometimes gets in the way.  At any rate, we are up to date on the settlements and have a bunch of new class action lawsuits to share with you.

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).

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.

Wells Fargo Logo

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.

Fundbox Logo

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.

Forever 21 Store

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”.

Car Crash Image

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.

Discover Logo

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!

Discover Logo

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?

Olivella Liquid Soap

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.

Wellness Ocean Dog Food

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.

Web.Com Logo
Class Action Settlements

A bunch of new settlements.  Most everyone qualifies for the lithium battery settlement and the egg settlement.  Take a look.

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.

Read more

image of a lithium ion battery

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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New York Life

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.

Past Due Notice

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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Jason Long and Strong Jojoba

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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Sirius XM

We ask that if you have been affected by any of the allegations in these cases, that you contact us immediately on our complaint page, or via email at In doing so, we will help you with your next steps, while seeking your consumer protection.

Editor’s note:

This piece is written about a class-action lawsuit. If you are considered eligible to be among the class of consumers described in the suit, you may eventually be able to participate in receiving any compensation the court may award.

If you have any questions concerning this process or wish to speak with a law firm that has either filed or intends to handle this matter, please feel free to contact us via email at

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