<![CDATA[Consumerist: Class Action Lawsuits]]> http://cache.gawker.com/assets/base/img/thumbs140x140/consumerist.com.png <![CDATA[Consumerist: Class Action Lawsuits]]> http://consumerist.com/tag/class action lawsuits http://consumerist.com/tag/class action lawsuits <![CDATA[ Classmates.com Sued Because Classmates Weren't Really Looking For Him ]]> You know how Classmates.com has all those ads and spams telling you how your old school chums are looking for you? Well someone is suing them because after seeing those promotions, he paid to sign up, only to discover no one was actually looking for him. Shocking, I know, but when you think about it, what's more shocking is that it's taken 13 years for someone to do it. It's a pretty clear-cut case of false advertising.Sayeth the lawsuit:
Upon logging into his Gold Membership profile in order to view the classmate contacts … Plaintiff discovered that in fact, no former classmate of his had tried to contact him or view his profile," the complaint reads. "Of those www.classmates.com users who were characterized ... as members who viewed Plaintiff's profile, none were former classmates of Plaintiff or persons familiar with or known to Plaintiff for that matter.

If approved, the suit seeks class action status.

Classmates.com User Sues; Schoolmates Weren't Really Looking for Him [WIRED]

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Consumerist-5085516 Thu, 13 Nov 2008 10:28:25 EST Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=5085516&view=rss&microfeed=true
<![CDATA[ The attorney who won a verdict against Sprint ... ]]> The attorney who won a verdict against Sprint in California has filed a $1.2 billion class action lawsuit, claiming that early termination fees are not legal. [Information Week]

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Consumerist-5078502 Thu, 06 Nov 2008 13:14:20 EST Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5078502&view=rss&microfeed=true
<![CDATA[ Ringtone Scam Class Action Settlement Announced ]]> We've known how "free" ringtones and other "free" cellphone content comeons are often lures to get you signed up on a hidden monthly subscription, and now there's a class action lawsuit settlement to punish MobileMessenger, one of their purveyors. The settlement covers customers from every cellphone provider who bought content from January 1, 2005 to August 13, 2008. If you paid for your kids cellphone plan during that time, chances are they ordered some. You can check your bills for any the "short codes" (listed inside) or call 1-800-416-6129. The deadline for filing a claim is January 30, 2009. More information about Gray v. Mobile Messenger at cellphonedownloads.class-action-admin.com.

[via TopClassActions]

Short Codes to look for on your bills:

1103
20795
21000
22999
24000
25516
25692
26000
27000
28394
29000
29940
31000
33555
33999
34135
35322
36000
37215
38297
39999
40544
40684
41933
44674
44999
45555
46357
46621
47777
51000
52975
56846
57396
58560
59999
61240
63556
63937
64651
65589
66047
67777
71888
72449
72545
75556
75557
76036
76284
77444
78448
79171
81636
84287
85960
86455
87313
87572
88015
88789
88922
89147
89623
91097
95521
95787
98651

(Photo: blueoneiam)

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Consumerist-5059816 Mon, 06 Oct 2008 22:28:56 EDT Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=5059816&view=rss&microfeed=true
<![CDATA[ Apple Offers Cash To Powerbook, iBook Owners With Defective Power Adapters ]]> Apple has agreed to settle a class action lawsuit prompted by PowerBook and iBook power adapters that could fray, break, or dazzle the eyes with spectacular bursts of dangerous sparks. Anyone whose power adapter failed within three years of purchase and then bought a replacement adapter is a part of the settlement.

Apple originally agreed to settle the suit early this year, but recently expanded the number of eligible models. Class members are eligible for the following payback:

Purchase Year Cash Payment
Year 1 Actual amount paid for the replacement adapter, up to $79
Year 2 $40
Year 3 $25

For adapters purchased before October 14, 2008, fill out and submit your claim form by February 11, 2009. For replacement adapters purchased after October 14, 2008, submit your claims within 120 days of the purchase, or by May 31, 2009; whichever is earlier.

More details are available on the class action's website.

Gordon v. Apple Computer, Inc.
Apple settles class-action suit over faulty notebook adapters [AppleInsider]
(Photo: Educational Technology Blog)

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Consumerist-5058286 Sat, 04 Oct 2008 17:30:30 EDT Carey http://consumerist.com/index.php?op=postcommentfeed&postId=5058286&view=rss&microfeed=true
<![CDATA[ Find Class Action Settlements At Topclassactions.com ]]> If you want to know about the latest class action settlements as soon as they're available, check out topclassactions.com. There's an infrequently emailed newsletter to keep you posted as the settlements become available for joining, or just bookmark their open settlement page. Once you get over some of the hyperbolic language and unnecessary all-caps, the site is pretty useful because if you've ever tried Googling for class actions, there's tons of crap and scam sites, and it's nice to have a site with all the information under decent organization.

TopClassAction [Official Site]

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Consumerist-5054244 Wed, 24 Sep 2008 13:19:24 EDT Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=5054244&view=rss&microfeed=true
<![CDATA[ One Day Left To Register For TransUnion Class Action Lawsuit ]]> September 24, tomorrow, is the last day to register for the class action against TransUnion for selling consumer's private data to businesses without permission. If you held a credit card between January 1, 1987 to May 28, 2008, you're eligible to receive benefits. You can choose from one of three options:

1) free credit report monitoring for six months, plus cash if there's any money left over in settlement fund and you still get to sue them if you want
2) all the benefits of option one but you can't sue them any further.
3) 9 months of credit monitoring, access to some free credit scores, and free use of TransUnion's mortgage simulator service - but no cash payment. For more information, visit the settlement site at ListAction.com or call 1-866-416-3470.

ListClassAction [Official Settlement Site] (Thanks to Scott!)
PREVIOUSLY: Massive TransUnion Settlement To Reveal Credit Scores (Photo: dbdbrobot)

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Consumerist-5053878 Tue, 23 Sep 2008 17:51:09 EDT Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=5053878&view=rss&microfeed=true
<![CDATA[ Front Loading Washers Have A Love Affair With Mold ]]> Consumer Reports says that despite the fact that front-loading washers are more efficient than traditional top-loading washers, they do have one major drawback. Mold. And the problem is severe enough that there have been several class action lawsuits filed against LG, Whirlpool, and Sears, whose Kenmore front-loaders are made by Whirlpool.

So what should you do? CR says:

Our advice:

  • When washing, use warm or hot water unless a load requires cold.
  • Wipe the door gasket and glass dry once you’re done washing.
  • Clean the detergent dispenser and any attachments once or twice a month.
  • Run a dehumidifier if your laundry room is damp.

If you see mold buildup in a front-loading washer, call the manufacturer for service and save all paperwork related to the purchase and service of your machine. In the Maytag Neptune and Whirlpool Calypso settlements, plaintiffs eligible for restitution needed to document multiple authorized repair visits made during the warranty period and soon after the warranty expired.

In response to the many reader letters we've received, we're asking owners of front-loaders whether repairs they’ve had done to their washers relate to mold alone. We’ll report on the findings from the Annual Questionnaire, conducted by the Consumer Reports National Research Center, in future stories.

Does your front loading washer get moldy?

Mold can be a problem for some front-loading washers [Consumer Reports]

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Consumerist-5043121 Thu, 28 Aug 2008 14:34:30 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5043121&view=rss&microfeed=true
<![CDATA[ Settlement In BA-VA Price-Fixing Class Action ]]> You're entitled to a small refund if you bought tickets for a long haul flight on British Airways or Virgin Atlantic between August 11, 2004 and March 23, 2006. The amount is $7-$34 per flight taken. This is the settlement in a class action lawsuit contending the two airlines colluded to fix the price of fuel surcharges. More info at airpassengerrefund.com. [via RickSeaney]

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Consumerist-5032363 Wed, 06 Aug 2008 12:44:25 EDT Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=5032363&view=rss&microfeed=true
<![CDATA[ Email surfaced in a class action lawsuit ... ]]> Email surfaced in a class action lawsuit against NVIDIA and ATI suggesting that the graphics card makers have engaged in illegal price-fixing for the past half-decade. [techPowerUp!]

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Consumerist-5027240 Mon, 21 Jul 2008 10:24:17 EDT Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=5027240&view=rss&microfeed=true
<![CDATA[ Reader Gets Sleep Number To Exchange Moldy Mattress ]]> Like all those people who joined the class-action suit, Consumerist reader Russ has a moldy Select Comfort mattress. Unlike many of them, he was able to use it to get a new bed, and the old bed taken away, for free. Here's how he negotiated with customer service:

Russ writes:

I called Select Comfort, and informed them that my 3000 series king bed has mold issues, both on the pad and the air chambers. I informed them that I’ve done my research and am fully aware that there is a pending class action lawsuit against Select Comfort for this issue, and as a result I want a new bed shipped to me with return shipping labels for the defective bed. The customer service agent placed me on hold for a minute or so, and then came back and agreed to my request. Select Comfort is sending me a new bed, with return shipping labels.

I’ve always had great success when working with them in the past, but thanks to The Consumerist, I pretty sure I got better service then I would have normally.

Keys to this reader's success, he...

1. Researched the issue
2. Let them know he knew the facts about how widespread the issue
3. Explicitly asked for what he wanted
4. Read The Consumerist

...taking his experience from a 0 to a 100.

PREVIOUSLY: The Sleep Number Difference Is Mold

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Consumerist-5025576 Tue, 15 Jul 2008 17:38:12 EDT Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=5025576&view=rss&microfeed=true
<![CDATA[ Keep Your Eye On $24 Million Recalled Pet Food Class Action ]]> If you bought, or your pet ate, pet food recalled after March 17, 2007, keep tabs on this $24 million settlement. This would be the pet food purposely cut with melamine, a (poisonous) byproduct of coal production, because it made the food look it was higher in protein and was cheaper than actual protein. The case is called Re: Pet Food Products Liability Litigation, MDL Docket No. 1850, Civil Action No. 07-2867 (NLH). The final hearing is on October 14, 2008. The final date for submitting a claim form will be November 24, 2008. To see if you're eligible, check the list of recalled products affected by the settlement (PDF). Food by Nestle-Purina, Royal Canin, Sierra Pet products, Chenangono Valley Pet Food, CJ Foods, Diamond Pet Food, Hill's, American Nutrition, and Del Monte are on the list. Claim forms and more can be found at PetFoodSettlement.com.

PREVIOUSLY: Pet Food Companies Agree To $24 Million Settlement Over Killer Pet Food
(Photo: Ariana Lindquist)

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Consumerist-5023822 Thu, 10 Jul 2008 11:32:16 EDT Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=5023822&view=rss&microfeed=true
<![CDATA[ Verizon Settles Early Termination Fee Lawsuit For $21 Million ]]> Verizon has agreed to pay $21 million in a California class action lawsuit brought over early termination fees. The plaintiffs alleged that the fees violated California state laws. Next case: Sprint, which Californians are suing for the same reason.

Verizon Wireless Suit Settlement Puts Sprint At Risk [Dow Jones]
(Photo: Ben Popken)

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Consumerist-5023733 Thu, 10 Jul 2008 08:34:15 EDT Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=5023733&view=rss&microfeed=true
<![CDATA[ Claim Benefits In Airborne Class Action Lawsuit ]]> airbornecough.jpgThe Airborne dietary supplement, which claims to help ward off the cold and flu, has reached a tentative settlement in a class action lawsuit that the company misrepresented its product. You can file online or by mail here. Boxes of Airborne used to cite a study by "GNG Pharmaceutical Services Inc" that said it tested 120 people and 47% showed little or no cold flu symptoms, versus 23% of a placebo. However, an ABC news investigation revealed that GNG was a two-man operation started up just to make the Airborne study, and had no clinic, scientists or doctors. Following the negative publicity, Knight-McDowell Labs removed references to the GNG study from its packages. Maybe people just weren't reading the box carefully and failed to apply directly to the forehead.

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Consumerist-363144 Mon, 03 Mar 2008 14:00:00 EST Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=363144&view=rss&microfeed=true
<![CDATA[ Sprint Sued For Illegally Extending Customers' Contracts ]]> extendocontracto.jpgSprint got hit with a class-action lawsuit for illegally extending customer's contracts. Like most cellphone providers, up until recently they would put you in a new two-year contract if you added minutes, got a new phone, got refunds, or wore a blue shirt on Tuesday.

Sprint Nextel hit with class action [RCR]
(Photo: Getty)

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Consumerist-353976 Thu, 07 Feb 2008 16:30:00 EST Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=353976&view=rss&microfeed=true
<![CDATA[ Palm Treo 600/Treo 650 Owners Can Claim Class Action Benefits ]]> treo600.jpgIf you had experienced two or more repairs on your Treo 600 or Treo 650, Palm has just settled a class action lawsuit under which you might be able to claim benefits. You can either get a $50 or $75 rebate good for purchase of a new Palm smartphone, or you can get your device repaired even if the original warranty has expired. The deadline for filing is July 28, 2008. More information is available at palzasettlement.com. Inside, The full text of the email Palm sent out. Out of curiosity, are there ever any class action lawsuits that don't settle out of court?

If you purchased a Treo 600 or a Treo 650 smartphone, you could be entitled to benefits under a class action settlement.

A settlement of a class action lawsuit affects you if you purchased, in the United States, a new Treo 600 or Treo 650 smartphone for your own use and not for resale. The settlement will provide either: (a) a cash rebate to any United States resident who purchased a Treo 600 or Treo 650 smartphone, experienced two or more repairs or replacements (in lieu of repair) on that device, and purchases a new Palm smartphone within a defined time period; or (b) a right of repair for hardware defects, beyond the expiration of the warranty on your Treo 600 or Treo 650, even if you did not experience two or more repairs or replacements.

If you qualify, you may send in a claim form to ask for a rebate, or a repair form to seek a repair. You can also exclude yourself from the settlement, or object. The United States District Court for the Northern District of California, San Jose Division, authorized this notice. The Court will have a hearing to consider whether to approve the settlement, so that the benefits may be paid.

WHO'S AFFECTED?
Purchasers of a Treo 600 or Treo 650 smartphone. You're a "Class Member" if you are a United States resident who purchased in the United States a new Treo 600 or Treo 650 smartphone for your own use and not for resale.

WHAT'S THIS ABOUT?
The lawsuit claimed that the Treo 600 and Treo 650 smartphones had certain defects, failed at unacceptable rates, and that Palm made misrepresentations concerning the Treo 600 and Treo 650 smartphones. Palm, Inc. denies all allegations and has asserted many defenses. Palm is entering into this settlement to avoid burdensome and costly litigation. The settlement is not an admission of wrong-doing or an indication that any law was violated.

WHAT CAN YOU GET FROM THE SETTLEMENT?
Palm, Inc. has agreed to provide a cash rebate to Class Members who experienced two or more repairs or replacements in lieu of repair, who purchase a new Palm smartphone within a defined time period, and who send in a valid claim form. The settlement provides for different rebate payments depending on whether you purchased a Treo 600 smartphone or a Treo 650 smartphone requiring repairs or replacements. Rebate amounts are as follows:

SMARTPHONE REPAIRED OR REPLACED AT LEAST TWICE TIMEFRAME OF PURCHASE OF NEW SMARTPHONE REBATE AMOUNT
Treo 600 Anytime after September 30, 2005 until the end of the "Redemption Period," which is six months after the Effective Date (the date the settlement becomes final) $75

Treo 650 Anytime during the Redemption Period $50

Palm has also agreed to provide a right of repair for hardware defects to any original purchaser of a Treo 600 or Treo 650 smartphone who submits a valid and timely Repair Form, even if they did not experience two or more repairs or replacements, and even if the warranty period has expired.

HOW DO YOU GET A PAYMENT?
A detailed notice and claim form package contains everything you need. Just go to www.palzasettlement.com to get one. You will be required to sign a declaration under penalty of perjury that your Treo 600 or Treo 650 smartphone was repaired or replaced at least twice and you will be required to provide documentation for at least one of the repairs or replacements.

IMPORTANT DEADLINES
Cash Rebate: The claim form for a cash rebate must be postmarked on or before July 28, 2008 and received by Palm no more than 21 days thereafter.

Right of Repair: If the warranty on your device has already expired by the Effective Date, the right of repair is valid for 120 days from the Effective Date. If the warranty on your device is still in effect on the Effective Date, the right of repair will extend for 120 days beyond the expiration of that warranty.

WHAT ARE YOUR OPTIONS?
If you don't want a cash rebate or to obtain a repair, and you don't want to be legally bound by the settlement, you must postmark your request to exclude yourself by April 7, 2008, or you won't be able to sue, or continue to sue, Palm, Inc. about the legal claims in this case. If you exclude yourself, you can't get a payment from this settlement. If you stay in the Class, you may object to the settlement. Objections must be received by April 7, 2008. The detailed notice describes how to exclude yourself or object. The Court will hold a hearing in this case (In re Palm Treo 600 and 650 Litigation, Master Case No. C-05-03774-RMW) on May 2, 2008, at 9:00 a.m. to consider whether to approve the settlement and attorneys' fees and expenses totaling no more than $1,554,000 and incentive payments to the named Plaintiffs in the aggregate amount of $21,000. You may appear at the hearing, but you don't have to. To obtain a full notice and claim form, and for more details, go to www.palzasettlement.com or send an e-mail to palza.settlement@palm.com, or write to Designated Co-Lead Counsel, Ralph M. Stone, Shalov Stone Bonner and Rocco, 485 Seventh Avenue, Suite 1000, New York, NY 10018.

(Thanks to Jeremiah!)

(Photo: brianc)

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Consumerist-348990 Fri, 25 Jan 2008 11:34:35 EST Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=348990&view=rss&microfeed=true
<![CDATA[ Thomas The Tank Engine Makers Settle Class Action With Free Toys ]]> thomasvsdiesel.jpgThomas the Tank Engine makers have settled a class-action-lawsuit against for $30 million, stemming from their production of anthropomorphic toy trains brought to life with lead-tainted paint. Under the terms, RC2 will give cash refunds or replacement toys, plus a "bonus" toy. Hopefully this time RC2 will check to make sure the apology choo-choos aren't lead-tainted as well.

Maker of Thomas toys settles suit on lead paint [Chicago Tribune]

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Consumerist-348410 Thu, 24 Jan 2008 09:00:32 EST Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=348410&view=rss&microfeed=true
<![CDATA[ Bought A Diamond? Get A Piece Of $135,432,500 DeBeers Lawsuit ]]> rockcandymountain.jpgEver bought a diamond? You may be eligible for a piece of a multi-million class action lawsuit alleging that diamond giant DeBeers conspired to monopolize the diamond industry by fixing, raising, and controlling diamond prices, and by issuing false and misleading advertising. The class is open to anyone who bought any diamond from anyone from January 1, 1994 to March 31, 2006. $135,432,500 will be divided amongst all the approved consumer claimants.

Here's where you go to file a claim. Find out more details at diamondsclassaction.com.

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Consumerist-344472 Mon, 14 Jan 2008 10:17:04 EST Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=344472&view=rss&microfeed=true
<![CDATA[ There are over 48 lawsuits out there against ... ]]> There are over 48 lawsuits out there against Advanced Medical Optics for selling Complete® MoisturePlus™ multipurpose contact lens solution that was recalled for giving people Acanthamoeba keratitis, aka, crazy fungus in your eye. Several of them are class actions. [PRWEB]

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Consumerist-333563 Thu, 13 Dec 2007 13:05:32 EST Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=333563&view=rss&microfeed=true
<![CDATA[ Get $25 From The Credit Card Companies ]]> creditcardpwnage.jpgYou may be entitled to a cash prize if you had a Visa, MasterCard, or Diner's Club Cards during any time between February 1 1996 and November 8 2006. A successful class action lawsuit contended that credit card companies overcharged customers for foreign transactions and didn't disclose the fees well enough. You can apply for a straight $25 refund, 1% of estimated foreign transactions, or annual estimation refund of 1-3% of foreign transactions for which you have records . Claim your moneys by filling out forms that were mailed to you, going to ccfsettlement.com, or calling 1-800-945-9890. It is not is necessary to have actually conducted foreign transactions to claim the money.

CCFsettlement [via Snopes] (Thanks to Takkun!)
Credit Card Settlement [NYT]
(Photo: mariachily)

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Consumerist-331998 Mon, 10 Dec 2007 13:01:23 EST Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=331998&view=rss&microfeed=true
<![CDATA[ Lawsuits Of The Week ]]> courtroomscene.jpgSutton vs McDonald's Corporation (PDF) Frank Sutton orders a Mickey D's Chicken Sandwich on August 8th, 2005. Bites into the sandwich and hot lava grease exploded on his lips. When approached about the matter, the McDonald's worker says something to the effect of, "This is what happens to the sandwiches when they aren't drained completely." Sutton wants $2 mil for his damaged puckers. While that might seem steep, McDonald's should make be making sure their employees are properly draining the chicken sandwiches.

Lawrence Mann and Robert Stewart Et. Al vs Toshiba (PDF) Class action complaint filed against Toshiba for selling a 1080p output TVs that was incapable of receiving 1080p signal from any source.
Cooper v Samsung (PDF) for the same reason as above. The lawyers at SZAFERMAN, LAKIND, BLUMSTEIN, BLADER & LEHMANN represent both plaintiffs. Pretty clearcut. You can't advertise a product as having an ability that it doesn't.

Patterson v. Denny's Corporation (PDF) A class action against Denny's for non-compliance with the FACTA legislation requiring no credit card information be fully printed on a receipt— in this case, the expiration date. Companies have had since 2003 to come into compliance with this provision. With identity theft on the rise, it's important for companies to be held accountable for not following legally mandated credit card security procedures.

(Photo: Getty)

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Consumerist-293769 Mon, 27 Aug 2007 12:43:19 EDT Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=293769&view=rss&microfeed=true
<![CDATA[ Cingular's Class Arbitration Waiver Ruled "Unconscionable" By 9th Circuit Court Of Appeals ]]> Like many many companies, Cingular has a little thing in their contracts saying that if you use their service, you void your right to a class action lawsuit and instead have to go through "mandatory binding arbitration," which is basically an extra-judicial corporate court exempt from many of the basic rules and laws and procedures and rights of real court. Well, today, that clause was ruled "unconscionable" by the 9th Circuit Court Of Appeals. Therefore, lawsuits can proceed against Cingular and go to real court, not monkey court. Hooray!

Shroyer v. New Cingular Wireless Docket No. 06-55964 [PDF] (Thanks to Fred!)

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Consumerist-290806 Fri, 17 Aug 2007 19:42:17 EDT Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=290806&view=rss&microfeed=true
<![CDATA[ U-Haul Keel-Hauled Over Gas Charges ]]> Everyone hates U-Haul lately. From booking appointments and then not honoring them to charging you for canceling bookings that you didn't want, the company tops our long list of scummy corporations.

So we're always happy to see someone bring the bastards to court. That lone avatar of a just cause? Leonard Aron, who bravely fights against U-Haul's outrageous top-up fee, where they charge you for not filling the tank... even if you have. Class action lawsuit time.

Here's an example sent to Consumer Affairs: "I used the truck for 20 miles ... On the way to returning the truck I have filled up $9.37 worth of gas, which equates to more than 3 gallons of gas. When I returned the truck (the manager) claimed that I have not filled up the gas and charged me an extra $50 — $20 for gas (4 gallons at $5), and $30 service fee."

Of course, U-Haul's right to bilk you is in your contract, so it must be legal!

U-Haul Gets Hauled Into Court [Consumer Affairs]

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Consumerist-206103 Mon, 09 Oct 2006 07:04:14 EDT consumerist.com http://consumerist.com/index.php?op=postcommentfeed&postId=206103&view=rss&microfeed=true
<![CDATA[ The First (But Not Last!) AOL Search Records Lawsuit ]]> Avalanche%203.jpgHear that? That's the first rumbling of an avalanche: three AOL subscribers have named AOL as the defendants in a class-action lawsuit for spilling the search results of 650,000 subscribers.

Needless to say, the lawsuit is about the colossal act of incompetence that breached the privacy of practically everyone who'd ever used AOL and led to hilarious YTMDs like this one

The attorney who filed the suit says that AOL should at least be trying to shut down the mirror sites of the search database and be forbidden from collecting data like this in the future. Given that AOL obviously can't be trusted with it, that seems pretty reasonable.

AOL Subscribers Sue Over Release of Search Data [Komotv.com]

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Consumerist-203193 Tue, 26 Sep 2006 06:08:12 EDT consumerist.com http://consumerist.com/index.php?op=postcommentfeed&postId=203193&view=rss&microfeed=true
<![CDATA[ Phone Record Lawsuit Over NSA Spying Dismissed ]]> effattlogo.jpgA judge Tuesday tossed out an ACLU lawsuit against the government over over AT&T's alleged turning over of phone records to the NSA.

Forcing the government to confirm or deny the transaction would violate laws against divulging state secret, U.S. District Judge Matthew F. Kennelly said.

Furthermore, since the activists could not prove that their individual records might be among the supposed records turned over, they had no basis for a lawsuit.

Let's see....

in order to prove their records were compromised, the activists need access to the records. However, the records are state secrets. Whether the records exist in a compromised state is a state secret. Whether or not there is a state secret... is also a state secret.

Ten thousand spoons and all you need is a hole in the head.

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Consumerist-189997 Wed, 26 Jul 2006 13:43:11 EDT Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=189997&view=rss&microfeed=true
<![CDATA[ The News; High Interest Charged For Lending Of Ears ]]> • Isn't the real solution just to stop making more children? [NYT] "Congress Identifies Pornography Purchasers"
• Investment slumming on the backs of the marginal of wealth. You stay classy, broker-dealers. [CT] "Subprime Lenders Getting 2nd Look As Investments"
• You guys are so unamerican. [NYT] "Retail Sales Dipped in June"
• Have you ever heard of this wacky new site called Digg? It's all the rage with the kids. [CT] "They Can Digg it: Sites Let People Decide News"
• The "states secrets" that isn't. [CT] "Dismissal Sought of Phone-Records Suit Against AT&T"
• Home field advantage. Shortness of breath ensues amongst the 16,000 coat-tail hopefuls, causing them to reach for their pills. [LAT] "Verdict Bolsters Merck's Vioxx"

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Consumerist-187382 Fri, 14 Jul 2006 13:11:56 EDT Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=187382&view=rss&microfeed=true
<![CDATA[ Cingular Customer Denied Access To Billing Records ]]> angryface.jpgIf you're looking to join the newly minted class action against Cingular, you might want to turn that shredder off. A customer was seeking to replace the billing records he had shredded, in order to prepare to join the suit, and called up the cellphone company.

He writes, "I was placed on hold for more than 20 minutes while she reached a resolutions representative to honor my records request, which was ultimately denied. I was told I would have to acquire a subpoena to access my own billing records, because they are the property of Cingular."

ZeroEgo was so pissed he wrote 988 words about it, all while on hold.

"On Hold" [Zero Ego's Livejournal] (Thanks to Aaron!)

Previously: HOWTO: Join The Cingular Lawsuit

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Consumerist-186494 Tue, 11 Jul 2006 12:47:47 EDT Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=186494&view=rss&microfeed=true
<![CDATA[ HOWTO: Join The Cingular Lawsuit ]]> cingularbandit.jpgIf you were an AT&T customer as of October 26, 2004 and, following the switchover to Cingular

• had to pay an early termination fee
• an $18 upgrade fee
• buy a new plan
• buy a new phone
• or experienced degraded service and coverage

You may be eligible to join a class-action lawsuit against the wireless provider.

Find out how, after the jump...


To join the lawsuit, fill out the form at Consumer Watchdog here. You should also send an email to one of the two firms representing consumer plaintiffs, Cotchett Pitre Simon & McCarthy and Stritmatter, Kessler, Whelan, Withey and Coluccio.

It would also be good to familiarize yourself with the case's factsheet and even peruse a copy of the lawsuit.

Bruce Simon of CPS&M says, "The response has already been enormous and we are taking everyone's information at the moment for follow up in the future."

Consumer Watchdog's site says the next move is that Cingular will probably try get the case dismissed because the customers signed an "arbitration agreement" upon signup voiding their right to go to court. However, the representatives for the plaintiffs feel this agreement is unenforceable

You can also sign up for Consumer Watchdog's legal updates at the top right of their site and keep abreast as the lawsuit develops.

The most important step has already been taken, though, in the creation of a catchy logo to represent Cingular's nefariousness.

Previously: Cingular Lowers Bar On AT&T Customer's Necks

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Consumerist-186174 Mon, 10 Jul 2006 13:21:13 EDT Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=186174&view=rss&microfeed=true
<![CDATA[ Cingular Lowers Bar On AT&T Customer's Necks ]]> dracular.jpgCingular duped and overcharged AT&T customers ported over following their merger, contends a lawsuit filed last Thursday.

The cellphone company assured federal regulators that the merger would be seamless, and it should've been, only requiring swapping out SIM cards. Instead, the lawsuit alleges Cingular tore apart the AT&T network, forced AT&T customers to switch equipment and pay upgrade costs. Those who wished to escape were slapped with a $175 early termination fee.

"Cingular promised AT&T customers it would 'raise the bar'; instead, it lowered service quality, forced AT&T customers to move to Cingular, and then raised prices," said Harvey Rosenfield, a lawyer for the nonprofit Foundation for Taxpayer and Consumer Rights.

For its part, Cingular has refuted the suit's claims in their entirety and is considering a countersuit.

Perhaps now everyone will begin to see the wisdom of using VoTc? (Voice Over Tin Can).

Previously:
AT&T No Longer Exists
AT&T Puts Cingular Out Of Its Misery
Cingular CSR Speaks: "Having worked there I would never do business with them."
More AT&T Wireless Customers Boned by Cingular

UPDATE: The firms representing consumers are SKWW&C and CPS&M .

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Consumerist-186124 Mon, 10 Jul 2006 11:27:10 EDT Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=186124&view=rss&microfeed=true
<![CDATA[ Sony Rootkit Settlement Reached, Approved ]]> rootkitsever.jpgSomehow this escaped our attention, but on May 23, the judge approved the settlement on the Sony rootkit debacle, you remember, the one where they installed crippling programs on your computer to prevent you from copying their precious cds?

If you bought any of the affected albums on this list, you can get three free albums or one free album plus $7.50. Sony will also distribute a patch to remove the malware from consumer's computers.

Electronic Frontier Foundation legal director Cindy Cohn told The Register, "This settlement gets music fans what they thought they were buying in the first place: music that will play on all their electronic devices without installing sneaky software."

Yay. It's over. We can all go back to safely buying crappy Sony music.

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Consumerist-178745 Tue, 06 Jun 2006 13:43:17 EDT popkin http://consumerist.com/index.php?op=postcommentfeed&postId=178745&view=rss&microfeed=true
<![CDATA[ The News: Legitimate Businessmen ]]> jesussells.jpg• Not even Jesus, arguably history's greatest hustler, could sell these protein shakes. [NYT]
• AllofMp3.com found illegal by Americans. Good thing it's on Russian soil, eh? [NYT]
• Call it "preemptive indignation" - law firm pays plaintiffs to buy stocks and position themselves to be aggrieved prior to filing class-action lawsuits. And now they're on the other end of the litigation stick (top-heavy beating variety, natch). [LAT]
• AT&T-Cingular to form Voltron in Chicago next month. [CT].
• Need a telco spokesperson to fight net neutrality and give it a happy face? Let's get that guy who was Bill Clinton's mouthpiece during the cigar scandal. [LAT]

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Consumerist-178360 Mon, 05 Jun 2006 11:13:49 EDT popkin http://consumerist.com/index.php?op=postcommentfeed&postId=178360&view=rss&microfeed=true
<![CDATA[ Enterprise-Rent-A-Car Eyed For Placement on Teeny Cement Blocks ]]> enterprisebrownwrapper.jpgInto Jeremy's mailbox came a letter inviting him to join a class action lawsuit against Enterprise-Rent-A-Car.

Having always wanted to be part of something bigger than himself or his plush winter coat, he jumped for joy.

Then he read that for his part he would only get, "a voucher good for 25% off the non-discounted daily rental rate for a future car rental in the state of Missouri..."

After that, Jeremy stopped jumping and wrote us a letter, posted after the jump...

He writes:

    "So let's do some math here. The "non-discounted" rate for an economy class car (think Kia Rio) is in the range of 30 to 45 dollars. Let's assume that we low ball the price and use 30 dollars. 30 dollars minus 25 percent is 22.50 a day.

    This same class of car can be found on websites like expedia.com for 19.99 a day. I was trying to think REAL hard to figure out how this voucher could possibly get me a good deal.

    I do not believe there is a way... if you think of one please let me know...

    I really want to contact the lawyers associated with this case but that would cost me 39 cents for a stamp.

    Maybe the readers would like to write the lawyers a letter?

    Class counsel:
    Jeffrey J Lowe Esq.
    Jeffrey J Lowe PC
    8234 Forsyth, Suite 1100
    St Louis, MO 63105

    AND

    John S. Steward, Esq.
    225 S. Meramec, Suite 925
    St. Louis, MO 63105

    As far as I can tell from the mumbo jumbo of this letter the class counsel can ask for up to $975,000 in lawyer fees and up to $5,000 in class representative compensation. $975,000 could rent you a TON of Kia Rios"

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Consumerist-174132 Tue, 16 May 2006 14:12:05 EDT popkin http://consumerist.com/index.php?op=postcommentfeed&postId=174132&view=rss&microfeed=true
<![CDATA[ Verizon Sued $5 Billion for Phone Record Sale to NSA ]]> device.jpgLeaving nary a moment to spare, two public interest lawyers filed suit against Verizon on Friday for $5 billion, for gross violation of citizen's privacy in the telcos' sale of phone records to the NSA.

Attorneys Bruce Afran and Carl Mayer filed the lawsuit in federal district court in Manhattan. Afran said of the NSA program, "This is the largest and most vast intrusion of civil liberties we've ever seen in the United States."

The lawsuit contends the sale violated the Telecommunications Act and the Constitutional amendment against unreasonable search and seizure. (Any legal beagles out there want to find the filings source documents?)

Any citizen can sign up for the class action lawsuit. All they have to do is say that Verizon made them to spill hot coffee on their lap.

"Verizon Sued for $5 Billion" [All Headlines News via Digg]

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Consumerist-173766 Mon, 15 May 2006 11:40:11 EDT popkin http://consumerist.com/index.php?op=postcommentfeed&postId=173766&view=rss&microfeed=true