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List of Most Recent Class Action Lawsuits

The wonderful people over at Class Actions Reporter have shared their newsletter with us, which discusses the most recent class action lawsuits. Often times, Consider The Consumer has already reported on these cases, but it is always nice to have this very concise list for reference. Below is the list of class action lawsuits!

Class Action Lawsuits and Investigations

I am focusing on two areas this week.  First, a couple of new “natural” cases, which I know are usually interesting to my readers.  Second, a slew of cases relating to bank fees.  Some are actual settlements, which I include in this section as well for thematic purposes I guess.  One fact pattern that is “hot” right now is when you use your debit card to pay for Uber or Lyft (or similar one time services) then get pinged for overdraft fees.

 

Enjoy your week.

Wahl “Natural” Dog Shampoo, Deodorant, and Cleaning Wipes Investigation

Wahl makes a variety of good-sounding dog products, including shampoos and conditioners, a “deodorant” against dog odor, and cleaning wipes that are useful for paws and muzzles. Prominently located on the front of each product, about a third of the way down the container, is an attention-getting colored seal with the word “Natural” or “100% Natural”. But is Wahl’s definition of “natural” the same as most people’s, or are they misleading consumers?

We’re investigating.

Wahl's Four in One Dog Shampoo

Credo Beauty “Natural” Products Containing Synthetic Ingredients Class Action

Eco-Chic sells products at its Credo Beauty website that it advertises are “natural,” “100% natural,” or “100% plant derived”—but are their ingredients truly what the consumer expects from those words? The complaint for this class action claims they’re not.

Credo Beauty Storefront

Mr. Cooper Interest on California Mortgage Impound Accounts Class Action

The complaint for this class action alleges that Nationstar Mortgage, which does business under the name Mr. Cooper, does not pay mortgage holders interest on the amounts held in escrow, or in impound accounts, despite laws requiring this. Among other things, the complaint cites California’s Unfair Competition Law and breach of contract.

Man with Money Bad Leaning on House

Bank of America Overdraft Fees for “Non-Recurring” Debits Class Action

On March 4, 2016, plaintiff N. Pantelyat used the debit card for her Bank of America checking account for a $10 Uber ride, and later in the day, for a $7.67 return Uber ride. Unfortunately, according to the complaint for this class action, Pantelyat’s account balance was too low to cover even the first ride, yet in both cases, Bank of America paid for the transaction and charged her a $35 overdraft fee—a total of $70 in overdraft fees on less than $20 in transactions. It did this, the complaint claims, by misclassifying the transaction as “recurring” rather than “non-recurring” in violation of its own Deposit Agreements and other documents.

Debit Card Swipe

Investigation of Bank of America Interest on New York State Mortgage Escrow Accounts

Do you own a home in New York State? Do you pay a portion of your property taxes or insurance when you pay your mortgage each month? If so, you may be entitled to earn interest on those funds. We have seen signs that Bank of America is not complying with this consumer-oriented law, and we’re investigating to see if a class action is needed.

New England Style Home

Investigation of Unfair Bank Overdraft Fees for Non-Recurring Charges

Britney Lawrence took two rides with Uber, one for $7.53 and the other for $8.21. Unfortunately, the rides overdrew her bank account, and she was charged an additional $35 in overdraft fees for each ride. N. Pantelyat used her Bank of America debit card for two Uber rides, one billed at $10 and the other at $7.67. The bank paid both but also charged her an overdraft fee for each payment. The legal problem in both of these cases is that the two banks involved claimed in their account agreements that they would only pay “recurring” charges that created an overdraft. The Uber rides—and other charges made through popular apps—may be being misclassified, so that customers are forced to pay overdraft charges they should have incurred.

List of Overdraft Charges

PNC Bank Unlawful Inspection Charges for Homes in Default Class Action

When Plaintiff Jacqueline Pfendler got behind on her mortgage, she stayed in communication with PNC Bank, the servicer, the complaint for this class action alleges. However, the bank scheduled a drive-by inspection, the complaint says, and required her to pay for it. Then, despite her payment, the complaint says, less than a month later they did it again. Such inspections have no other purpose, the complaint says than to determine that the property has not been abandoned, and they are therefore not necessary, reasonable, or appropriate.

PNC Bank Branch

Citizens Bank Sustained Overdraft Fee Class Action Lawsuit

When a bank charges you not only an overdraft fee but additional fees on the days before you repay the overdraft, are those additional fees interest on a loan? This class action argues that they are, and that Citizens Bank’s specific additional fees on overdrafts, therefore, violate federal laws against usurious interest charges.

The class for this lawsuit includes all checking account customers of Citizens Bank who were charged a Sustained Overdraft Fee between June 7, 2015, and June 7, 2017.

Citizens Bank

TD Bank Non-Authorized Debits and Overdraft Fees for Ride-Sharing Class Action

Plaintiff Britney Lawrence has an account and debit card with TD Bank, NA. Two documents for the account both promise customers that the bank will refuse debit charges for non-recurring expenses that would overdraw the account unless they specifically opt into the bank’s Debit Card Advance Program. However, according to the complaint TD Bank honors debit transactions and charges overdraft fees when the business involved is Uber or Lyft so that even though Lawrence had not opted in to the program, the bank accepted debits for two ride shares, a total of less than $16, and charged her $70 in overdraft fees.

TD Bank Logo
Class Action Settlements

Here are a bunch of settlements.  Please, click on the link to the official settlement website to complete a claims form.  Sending it to me does not qualify you for a settlement.

NutriMost Ultimate Fat Loss System Settlement

NutriMost is settling a case brought by the Federal Trade Commission (FTC) alleging that the company’s claims for its Ultimate Fat Loss System are false. NutriMost advertised its system as a new technology that would allow users to lose 20 to 40 pounds or more in 40 days, safely and without following a restrictive diet.

Read more

NutriMost Logo

Tristar Power Pressure Cooker Settlement

Tristar is settling a class action claiming that some of its pressure cookers are defective. The defects include such problems as the pressure cookers suddenly releasing steam when opened, the ability to release the lid when the contents are under pressure, and an inability to seal properly.

Read more

Tristar Pressure Cooker

Marriott Vacation Club Cruise Fees Settlement

This settles a class action alleging that Marriott did not live up to the promises of its Exchange Program. The complaint alleges that people who booked cruises through International Cruise & Excursion Gallery, Inc. (ICE), Marriott Ownership Resorts, Inc., or Marriott Resorts Travel Company, Inc.

Read more

Cruise Ship

Pella ProLine Casement Windows Water Damage Settlement

Pella Corporation and Pella Windows and Doors, Inc. will be setting aside over $25 million to settle a class action alleging that Pella ProLine Casement Windows have a defect that allows water to enter and cause damage to the windows or surrounding property. This class action was settled once before, in 2011, but in June 2014 the settlement was rejected on appeal.

Read more

Pella 450 Series Casement Windows

TouchTunes Music Jukebox Settlement

TouchTunes provides digital jukebox services and also runs a mobile app that allows user to buy credits to play songs on its digital jukeboxes.

Read more

TouchTunes Jukebox

Global Tel*Link Notification Calls TCPA Settlement

Global Tel*Link Corporation is paying over $8 million to settle a class action alleging that it violated the TCPA in placing “Notification Calls” to cell phones using an automated dialer or an artificial or pre-recorded voice.

Read more

Global Tel*Link Logo

Titanium Dioxide Archiectural Paint Settlement

EI DuPont de Nemours and Company, Huntsman International, LLC, Kronos Worldwide, Inc. and Cristal USA, Inc. (formerly known as Millennium Inorganic Chemicals, Inc.) are settling a class action alleging that they conspired to keep the price of titanium dioxide architectural paint high, in violation of the Sherman Act antitrust and other laws.

Read more

DuPont Ti-Pure Titanium Dioxide Paint

California McIlhenny Tabasco Sauce Settlement

The McIlhenny Company is agreeing to settle a class action alleging it should not have described its Tabasco sauce as being “Made in USA.” The complaint claims that the company violated California laws in making this claim on its packaging, labeling, and promotional materials because some of the ingredients came from foreign sources.

Read more

Varieties of McIlhenny Tabasco Sauce

Chase Bank USA Credit Card Debt Settlement

Chase Bank USA is putting up $11.5 million to settle a class action alleging that it did not update its reports to credit agencies when accounts sold to debt buyers were discharged in Chapter 7 bankruptcy proceedings. The complaint claims that the account holders’ credit reports continued to reflect that the debts were sold or charged off, negatively affecting their ability to get credit.

Read more

Chase Bank Branch

Pokemon Go Fest Settlement

Niantic, Inc. is settling a class action filed in relation to its Pokemon Go Festival in Chicago, Illinois on July 22, 2017. The complaint alleges that technical difficulties prevented attendees from playing Pokemon Go during the festival.

Read more

Pokemon Go Fest Poster

Have you been affected by any of these class action lawsuits? Let us know! Shoot us an email to Outreach@ConsiderTheConsumer.com, find us on Twitter or Facebook, or even connect with us directly on our website! We look forward to hearing from all of you.

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