Discover says:

In a new class action lawsuit, dozens of women are claiming that Victoria’s Secret bras have given them painful, unsightly rashes. One of the plaintiffs, Roberta Ritter of Ohio, says the company’s “Angels Secret Embrace” and “Very Sexy Extreme Me Push-Up” bras gave her persistent itchy rashes that caused severe discomfort. When Ritter’s lawyers purchased the same bra types and sent them to a lab, she claims, they tested positive for formaldehyde.
Formaldehyde is considered a probable human carcinogen by the EPA and is also a known allergen.

Though people often associate the chemical with embalmed specimens in jars, it is actually found in many everyday products.
“Formaldehyde is the big thing these days,” says dermatologist Susan Tillman Elliott, consulting physician to the Center for Laser Surgery in Washington D.C. “It’s been known for a zillion years that it’s the major component of most fabric finishers. It’s a major contact allergen.”

Despite the lawsuit and allegations of itchiness — Victoria's Secret denies that they use the chemical on their bras and are keeping them in stores, says Discover. Using formaldehyde on fabrics is perfectly legal in the U.S.

Why Are Victoria’s Secret Bras Causing Skin Rashes? [Discover]

Now it seems that the inevitable lawsuits have begun, (though we know of no direct connection between these particular test results and the lawsuits.)

The Seattle Post-Intelligencer says that a lawsuit filed earlier this month in King County Superior Court claims that Applebee's Weight Watchers menu has two to three times the amount of fat advertised.

"Applebee's made certain representations ... and independent lab tests showed that the representations they made were way off," says Jason Epstein, an attorney with Premier Law Group.

This isn't the only lawsuit to be filed about the issue. There's another one in Kansas. Applebee's parent company has responded to that one, telling the Washington Business Journal that the lawsuit is without merit.

According to the lab tests reported by WXYZ in Detroit, Applebee's Cajun Lime Tilapia was supposed to contain 6 grams of fat, but really had 14.3 grams of fat. Applebee's Garlic Herb Chicken also was advertised at 6 grams of fat, but really had 18. If you'd like to take a look at the results, click here. (PDF)

The P-I says that the Washington lawsuit is seeking class action status.

Suit accuses Applebee's of understating calorie counts [Seattle P-I] (Thanks, Rob!)

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]

Now—right before California decides whether to ban BPA in children's products—the FDA has revisited its earlier studies and reaffirmed that "the trace amounts of bisphenol A that leach out of food containers are not a threat to infants or adults."

Critics are saying the FDA is cherry-picking what studies to consider in its decision:

"It's ironic FDA would choose to ignore dozens of studies funded by (the National Institutes of Health) — this country's best scientists — and instead rely on flawed studies from industry," said Pete Myers, chief scientist for Environmental Health Sciences.

Myers said the agency disregarded recent studies of bisphenol's effects included in the National Toxicology Program's April draft report.

That group's review of animal studies suggested low doses of bisphenol can cause changes in behavior and the brain, and that it may reduce survival and birth weight in fetuses. A final version of the group's findings is expected next month.

Commenting on those studies in its 105-page assessment, the FDA said they had "inconsistencies and inadequacies which limit the interpretations of the findings."

We're not sure what sort of effect this will have on the pending lawsuits or on California's potential ban, but the BPA debate should take on new energy next month, when the National Toxicology Program's final report is released and the FDA brings in outside "advisors" to debate its own findings.

"FDA says chemical found in plastic bottles is safe" [Associated Press]
(Photo: Oop)

After reading on WaMu's website that it would assist distressed borrowers with loan modifications, Lori Pestana called and was told they could not qualify until their payments were 50 days late. To become eligible, they stopped paying and applied for help on Oct. 9, 2007.

WaMu told them that they could expect an answer in 4 to 5 weeks. On Nov. 13, a law firm representing WaMu sent the Pestanas a letter informing them that they were in foreclosure.

The Pestanas said they tried at least twice to determine the amount they could pay to reinstate their loan, but Harmon Law either did not call back or could not give them an amount. Another time, Harmon Law refused a $12,000 payment, because it was $3,000 short of the total payoff amount, the suit said.

The Pestanas are currently scheduled to be evicted from their home later this month and are suing WaMu, seeking class-action status for all of WaMu's Massachusetts customers. WaMu says it "fully committed to helping our customers stay in their homes" and that "foreclosure is a last resort."

Suit blames loan servicer for pending foreclosure [Boston Globe]
(Photo: stirwise )

• $10 off a purchase of $50 or more
• $20 off a purchase of $100 or more
• $30 off a purchase of $150 or more

Stein Mart seems to think that when it comes to bad security, intention makes all the difference:

A representative for Stein Mart said the company is not aware that anyone's identity was stolen and that the company was a month away from having all their printing procedures corrected.

If you're really interested in those coupons, check out steinmartsettlement.com.

[WSMV Nashville] (Thanks to Martin!)
(Photo: Getty)

HPNotebookClassAction.com
(Photo: Tahmid the ~) Sensor`BurnEr (~)

AT&T settles suit over 3rd-party cell phone fees [AP via MrConsumer]
(Photo: Getty)

Will this bring an end to cramming on the AT&T network? Maybe it depends on how many customers demand refunds, although it seems that AT&T is taking steps to rein in the worst of the third-party companies:

[AT&T] now requires customers who sign up for third-party services with recurring fees to confirm by replying to a text message. It also requires the content providers to send monthly reminders with instructions on how to unsubscribe from such services.

"AT&T has taken aggressive action to put industry-leading safeguards in place to protect our customers from unauthorized changes from third parties. We believe this settlement is consistent with that approach," Richter said.

Richter had no estimate for how much the settlement will cost AT&T. Given that the company already let customers contest spurious charges, he said the number who will get refunds through the settlement will be small. The company will pay the plaintiffs' lawyers $4.3 million.

Notifications will soon go out to 70 million current AT&T Mobility customers.

Here's more info on cramming to help you protect your cellphone bill from exploding.

"AT&T settles suit over 3rd-party cell phone fees" [Associated Press]
ThirdPartyContentRefund.com

RELATED
How To Fight The Phone Cram Scam

Don't wait! Click here. The deadline is 11:59 p.m.tonight, Eastern Time. Your form must be submitted electronically, post marked, or faxed by then.

This website has a similar complaint from an anonymous customer:

# PL TN — 2008-04-25

I agree that HotWire is a scam! I booked a 3-night stay in Savannah at what their website showed was a 3-star hotel. When I got the confirmation, it was a 2-star, without very good customer reviews. I could have made the same reservation myself at that location and paid only $10 more! I've asked them to change,gave them screen shots of better hotels, etc. and now they tell me that their "Research Team" is looking into it. Unfortunately, that will take 7-10 days to get a reply, which the 10th days is the day before I leave for my trip. And the longer they wait, the fewer good rooms are left. Anyway, I'm not holding out much hope. But be assured I will never use HotWire again and I will make sure all my family, friends, acquaintenances and anyone else I find will know what a rip off this company is

One problem may be that Hotwire uses its own rating system for hotels, according to a USA Today article from 2005 (when the original lawsuit was first filed).

Like other leading travel sites, Hotwire has its own hotel star-rating system. That's because there is no single accepted star-rating system in the USA.

The problem with all these different rating systems is that even when they're accurate, they don't necessarily jibe with travelers' ideas about what star ratings mean. Your notion of what a constitutes a three-star property may not match Hotwire's (or any other site's) definition. And there's little consistency among the systems.

The site creates star ratings for hotels by consulting ratings from other industry sources. Hotwire may also visit the property, though not all hotels are inspected in person. The company adjusts star ratings to conform to its own scale.

The Days Inn that Hotwire gave 2.5 stars merited just two stars from Orbitz, Travelocity, Priceline and AAA. Mobil doesn't rate it.

Here's an excerpt from the email Ryan received. Based on the third paragraph, it seems that the lawsuit isn't about Hotwire using a more lenient rating system, but actually selling lower-rated rooms as higher-rated ones.

THE FOLLOWING EMAIL REGARDS THE "HOTWIRE LITIGATION."

A proposed class action lawsuit is pending against Hotwire, Inc. Our client filed this case on behalf of certain California consumers who, since 2004, used Hotwire.com to reserve and pay for hotel rooms. We received your email agreeing to disclose your name to our office and we appreciate your help in investigating these claims.

This lawsuit alleges that certain Hotwire customers (including yourself) used Hotwire.com to book and pay for a hotel room with a certain "star rating" (as given by Hotwire's "Hotel Ratings Guide", one version of which is attached to this email for your review) but when the specific hotel name was revealed (after your non-refundable purchase), you actually received a hotel equated with a lower star rating than what you requested and purchased.

Hotwire has advised that at some point since 2004, like our client, YOU booked and paid for a hotel room of a certain star rating, but actually received a hotel equated by Hotwire with a lower star rating than what you requested/purchased. We are seeking to represent you and all others in your situation to get you financially compensated for the difference in what you paid for and what you actually received.

LAW OFFICES OF KEVIN T. BARNES
5670 Wilshire Boulevard, Suite 1460
Los Angeles, CA 90036-5627
Ph: (323) 549-9100 / Fax: (323) 549-0101

The chemicals industry maintains that polycarbonate bottles contain little BPA and leach traces considered too low to harm humans. The industry cites multiple studies in the United States, Europe and Japan.

But the lawsuit, filed last week in U.S. District Court in New Haven, contends that hundreds of studies and papers have repeatedly shown that BPA can be toxic even at extremely low doses.

"Lawsuit filed against plastic baby bottle maker" [MSNBC]
"U.S. lawsuit alleges plastic baby bottles contain dangerous chemical" [The Canadian Press]

After a two-week delay to make sure the language of the settlement met U.S. and Canadian law, about 30 pet food makers have agreed to pay out $24 million to customers whose pets were killed or injured in the tainted food fiasco a year ago. Victims will be reimbursed for expenses, including vet and burial/cremation bills. Additionally, "pet owners can request reimbursement for the cost or fair-market value—whichever is higher—of a deceased pet or one purchased in replacement. Owners who don't have documentation of expenses can get as much as $900 each. All claims are subject to review."

If approved, this will pretty much wrap up the saga of the melamine-tainted pet food, and teach pet food companies a hard lesson about enforcing stricter standards on their Chinese suppliers. According to the Wall Street Journal,

Among the companies settling the suit are Menu Foods Income Fund; Procter & Gamble Co., which makes Iams pet food; Colgate-Palmolive Co., maker of Hill's; Nestle SA, maker of Purina; and Mars Inc., maker of Pedigree. Retailers including Wal-Mart Stores Inc., Target Corp., Petco Animal Supplies Inc. and PetSmart Inc. were also part of the suit.

The settlement has to be approved by a judge, and the court date is set for Friday, May 30th.

"Legal settlement reached in tainted pet food case" [Reuters UK]
(Photo: faster panda kill kill)

In exchange for amnesty from a series of potentially billions of dollars in class action lawsuits over early termination fees (ETFs), the cellphone companies have proposed some namby-pamby ETF reforms to the FCC. Their ideas:

• Pro-rating early termination fees, so the cancellation fee goes down every month
• Customers can cancel without ETF up to 30 days after singing contract, or 10 days after receiving their first bill
• The overall fee would be slightly reduced

Cellphone companies main justification for early termination fees is that they have to recover the costs of selling cellphones at a discounted rate. True, but why then do I get charged an ETF if even if my cellphone was bought off eBay?

A cellphone manufacturer may charge the cellphone company $500+ per phone, but does it have to? Has anyone looked at whether the price reflects the real production cost? I'm not just making an argument here, I really am curious. Whether this model came about by malicious design or fortuity, the result is legal way to prevent consumers from exercising consumer choice and punishing companies for poor service. Early termination fees are the only reason why the entire cellphone service industry gets away with having below average customer satisfaction scores.

Proposal may ease cancellation fees for cell phone users [AP] (Thanks to Tom!)

(Photo: R80o (Mark Strozier))

(Thanks to Michael!)
(Photo: clagnut)

Antitrust Class Action Certified Against GlaxoSmithKline [Law.com]
(Photo: Fujoshi)

If you traveled abroad anytime between February 1, 1996 and November 8, 2006, your credit card company probably owes you money, but how much? Under a class action suing credit card companies for double-dipping on foreign transaction fees, the best bet for getting your the money, if you don't have detailed records of all your foreign transactions, is making an estimate based on how many days you were out of the country. One good way for shutterbugs to figure this out, says Delicious Baby, is to look through your vacation/travel photos on your computer. Most likely, they have digital timestamps you can use to figure out how long you were away. Now figuring out your refund is as easy and fun as going through your old photos. The due date for filing claims at ccfsettlement.com is May 30th.

Easy Hack for Getting a Refund from your Credit Card [DeliciousBaby]

N.J. Class Action Lawsuit Filed Against LifeLock Alleging Deceptive Marketing Regarding Limited Level of Protection Against Identity Theft [CNBC]

"They address the issue of BPA in their bottles (on their Web site); they cite the (Food and Drug Administration) stating that they see no problem with it. The problem is they didn't cite the many other studies that show there is a risk and there is a great concern about the issue," attorney Harold Hewell, who represents Felix-Lozano, said.

The lawsuit does not describe any physical ailment suffered by the plaintiffs and seeks unspecified damages.

"Nalgene sports bottle maker sued over toxic claims" [Reuters]
(Photo: Getty)

• There are 448 subprime related federal lawsuits as of March 31 2008
• 170 federal lawsuits were filed in Q1 2008, vs 181 total filed in the last 6 months of 2007
• The Savings and Loan scandal of the 90's resulted in 599 lawsuits
• 57% involved at least one Fortune 1000 company
• 46% of the subprime related class action lawsuits are brought by borrowers
• 42% of those are related to disclosures made at loan origination

PPH Class Action: Not Too Late [LawyersAndSettlements]
(Photo: freerangestock.com)

From the law firm's press release:

Apple told consumers that both the 20-inch and 24-inch iMacs displayed "millions of colors at all resolutions." Indeed, the new 24-inch iMacs display 16,777,216 colors on 8-bit, in-plane switching (IPS) screens, as did the previous generation of 20-inch iMacs. But the new 20-inch iMac monitors do not even come close, displaying 98% fewer colors (262,144).
 
While Apple describes the display of both the 24-inch and 20-inch iMacs as though they were interchangeable, the monitors in each are of radically different technology. The 20-inch iMacs feature 6-bit twisted nematic film (TN) LCD screens, the least expensive of its type.
 
The 20-inch iMac's TN screens have a narrower viewing angle, less color depth, less color accuracy and are more susceptible to washout across the screen.
 
Apple's Web site tells consumers that "No matter what you like to do on your computer — watch movies, edit photos, play games, even just view a screen saver — it's going to look stunning on an iMac."
 
In fact, the inferior technology of the 20-inch iMac is particularly ill-suited to editing photographs because of the display's limited color potential and the distorting effect of the color simulation processes.

"Can you explain to me why 31 law firms had to be involved with the plaintiffs?" Judge Pauley asked, adding that he "found a disconnect" between the number of the different groups of plaintiffs and the number of law firms. Ms. Sweeney [of Coughlin Stoia] explained that the "bulk of the work" - 84.7% - was done only by just six firms. Among those six firms are Ms. Sweeney's firm as well as the Philadelphia-based firms of Berger & Montague and Kohn Swift & Graf.
 
One sticking point yesterday involved a separate $32 million legal fee award that the card issuers had agreed to pay Coughlin Stoia and three other firms. The fee came in a similar lawsuit brought in California that was dismissed on appeal.
 
A lawyer who was objecting to the settlement, Irving Bizar, yesterday advised Judge Pauley to take those $32 million away from the law firms and add it to settlement pool.

Because the issue doesn't implicate Verizon's subscriber contracts, the plaintiffs claim the carrier's arbitration clause isn't enforceable.

"Suit alleges Verizon Wireless text service amounts to illegal gambling" [RCR Wireless]
(Photo: Jeff Kubina)

Network Solutions is sticking by its story that its domain holding program is intended to combat front running, rather than just opportunistically finding a way to grab a piece of the front running pie. In a suspiciously pro-Network Solutions article in Direct Magazine, a spokesperson explains their position:

What Network Solutions is doing is registering the names for a four-day period to avoid having these unscrupulous operators start a series of rolling four-day periods in which they monopolize desirable or high-traffic domain names without having to pay for them. "Likewise, we're not placing any advertisements on these domains to monetize their traffic while they are in the reservation period," Wade said.

"Network Solutions Taken to Court for Domain Name Tasting" [DailyTech]
"Network Solutions Targeted In Class Action Over Domain Name Sales" [Direct]
(Photo: Getty)

What court papers? Bankruptcy court papers!

From Bloomberg:

Sharper Image Corp., the seller of $300 electric shavers and $1,999 massage chairs, filed for bankruptcy protection, saying it was running low on cash.

The retailer will shed 90 of its 183 stores and is seeking a $60 million loan from Wells Fargo & Co. San Francisco-based Sharper Image plunged as much as 80 percent in Nasdaq trading.

``Sharper Image is in a severe liquidity crisis,'' Rebecca Roedell, chief financial officer of San Francisco-based Sharper Image, said in court papers filed last night in U.S. Bankruptcy Court in Wilmington, Delaware. ``The foregoing has been compounded by the ever-tightening and volatile credit and financing markets.''

Sharper Image air-purifier class-action update [Consumer Reports]
Sharper Image Files For Bankruptcy As Cash Dwindles [Bloomberg] (Thanks, Charlie!)

The suit claims Microsoft "knowingly misled consumers by allowing PC makers to emblazon 'Windows Vista Capable' stickers on PCs that could run only the most bare-bones version of the operating system," and last week's hearing was to determine whether the suit can be granted class-action status. Microsoft says the emails were part of a much larger discussion and perfectly normal.

Amusingly, Microsoft is using the complex, confusing marketing scheme as an argument against class-action status, by saying that each consumer had different information available when making his purchase and therefore can't be grouped together:

"For instance, a Microsoft Web site provided information about the various editions of Vista, while magazines, blogs and even some retailers also explained the distinctions."

"Suit says Microsoft knew it misled" [SeattlePI via ArsTechnica]
(Photo background: Getty)

The lawsuit claims Dannon has spent "far more than $100 million" to convey deceptive messages to U.S. consumers while charging 30 percent more that other yogurt products.

The lawsuit also cited scientific reports showing, counter to Dannon's advertising, that there was no conclusive evidence that the bacteria prevented illness or was beneficial to healthy adults—and that Dannon knew this.

It seeks reimbursement for all U.S. purchasers of Activia, Activia Lite and DanActive, and demands that Dannon engage in "a corrective advertising campaign."

RELATED
"Food Frauds: Special K Fruit & Yogurt And DanActive "Immunity" Drink"
"Should You Give Your Kids Probiotic Pills?"

(Thanks to David!)

"Mann Theatres owes you free tickets and popcorn" [Metroblogging Los Angeles]

RELATED
www.manntheatressettlement.com

From the Madison County Record:

Shandie Deaton filed the suit Sept. 18, 2007, one month after she made a purchase on Overstock.com. She alleged her receipt violated FCRA.

The act was passed in 2003 and provides that anyone accepting credit or debit cards may not print more than the last five digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of sale or transaction.

Credit card machines put into use after Jan. 1, 2005, required immediate compliance with FCRA. Machines in use before Jan. 1, 2005, were required to be in compliance by Dec. 4, 2006.

Deaton claimed Overstock.com violated FCRA by printing the expiration date and/or printed more than the last five digits of class members' credit card or debit card numbers on the receipts provided at the point of a sale or transaction between Overstock.com and the class members.

"Overstock.com' violations were not the product of an accident or an isolated oversight," the complaint stated. "Rather, Overstock.com knowingly and intentionally continued to use Devices which were not programmed to, or otherwise did not, comply..."

According to Overstock, customers can freely access their website, however when placing an order, they must agree to the website's terms and conditions before they can continue.

"Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential arbitration in Salt Lake City, Utah," a portion of Overstock's terms and conditions reads.

"To the fullest extent permitted by applicable law, no Arbitration under this agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise."

We took a look at this arbitration clause and noticed that there's an exception to it. If you even "threaten" to violate Overstock.com's intellectual property rights, they reserve the right to haul you into state or federal court in the state of Utah. What a piece of work.

Arbitration, not litigation: Judge dismisses federal class action v. Overstock.com [Madison County Record] (Thanks, Shelley!)
Overstock.com Terms & Conditions

Now Ms. Hanni and another passenger are suing American Airlines over the incident, and are seeking class action status. From USAToday:

The plaintiffs, Kathleen Hanni of Napa, Calif., and Catherine Ray of Fayetteville, Ark., want courts to certify the cases as class actions covering thousands of passengers stranded on American flights when severe weather temporarily shut Dallas/Fort Worth airport on Dec. 29, 2006, forcing flights to go to other airports.

Both women's flights were diverted to Austin. The complaints allege passengers suffered hunger, thirst, illness, emotional distress and financial losses when American (AMR) failed to supply the planes with food or water, empty the toilets or let passengers off.

The complaints were filed in state courts last week in Napa and Fayetteville.
...
Hanni's complaint says the captain told passengers American's management would not allow the plane to go to a gate. It says that after 9 hours 17 minutes, the captain declared an emergency so he could go to a gate.

During the delay, passengers received only a bag of pretzels and a cup of water, and the plane's toilets overflowed, it says.

Hanni said American later gave her a $500 coupon for a future flight. She said she hasn't used it.

Two fliers seek class-action suit against American [USAToday]
(Photo:zonaphoto)

Some computers could only run a very basic version of Vista that did not include all the fancy "Aero" windows. Other computers were able to run any version of Vista. These computers were given stickers that either said "Certified for Windows Vista" or "Works with Windows Vista." The latter meant that the computer would technically "work." Maybe not with all the features, but it would work.

We wrote a post explaining the various stickers and urged people to be careful when they bought a new computer. Some people didn't get the message, and now they're suing Microsoft, seeking class action status. They claim that because there was a sticker that said "Vista capable" on the actual machine (separate from the aforementioned "Certified for Windows Vista" and the "Works With Windows Vista" stickers) the computer should have been able to run every version of the new operating system. They believe they were deliberately tricked into buying a computer that was already obsolete.

We recently got a complaint letter about the issue. Reader Craig writes (to Howard Stringer, the Chairman and Chief Executive Officer of Sony):

Dear Mr. Stringer,

I am writing to express my frustration, anger, and resentment at what I view are dishonest selling practices by Sony. Last year I left the Navy (US Navy) and began taking classes to enter Dental School. After my old Vaio laptop gave out from all the sand and humidity it occurred in the Gulf, I decided to purchase another Vaio that would carry me through Dental School. I choose a ultra portable VGN-TX750P, paying around 2100.00 American for it. Even though it had windows xp on it, it had a sticker saying it was Windows Vista Capable - which assured me when vista came out I could put it on my computer. Well, I have tried to install Vista and while it can be installed, Vista is in crippled state that doesn't allowing some of the newest and innovative features of vista to function (like Aero windows).

As a loyal Vaio user for 5 years, I feel as Sony lied about what it was selling. To me, "capable" means "able", and since there were no limiting factors on the sticker (which is/was on the computer itself) I think this is false advertising. I could understand if Sony was told one thing by Microsoft and sold items predicated on that incorrect information. But once the original information was learned to be incorrect a refund should have been available so customers could return the item for a refund and then upgrade to a product that was truly "capable."

I am not going to sue if that is what you are thinking - first I am not that type of person and second I am too busy with school and taking care of my expecting wife. I just think you should know that your shadowy selling practices do have an effect even on a once "loyal" customer. What I can do is cc a few people so they may understand how Sony operates.

Sincerely,
Craig

Microsoft criticizes "Vista Capable" plaintiffs for focus on tiny sticker [Ars Technica]

PREVIOUSLY: Getting Ready for Vista