Supreme Court: You Can’t Shut Down A Consumer Class Action By Offering Settlement

Supreme Court: You Can’t Shut Down A Consumer Class Action By Offering Settlement

If you believe that a company has wronged you and other consumers in the same way, you can file a class-action lawsuit seeking to represent all the purported victims of the company’s misbehavior. But can that company preempt the entire lawsuit by offering you a full settlement in advance? Today, the U.S. Supreme Court (well, six of them) said no. [More]

Costco Shrimp Lawsuit Dismissed Because Plaintiff Didn’t Buy Affected Shrimp At Costco

Costco Shrimp Lawsuit Dismissed Because Plaintiff Didn’t Buy Affected Shrimp At Costco

Disgusted at reports that some shrimp sold in the United States may have been caught by people working under slavery-like conditions, a woman in California filed a class-action lawsuit against Costco, the store where she purchased her shrimp. The problem: Costco, as a members-only warehouse, knows exactly what she has purchased, and says she didn’t actually buy any of the affected shrimp. [More]

Adam Fagen

Got A Fitbit Or Other Gadget For Christmas? It’s Time To Opt Out Of Mandatory Arbitration!

Customers have filed a class action suit against Fitbit, claiming that the company’s Charge HR and Surge fitness bands don’t accurately measure users’ heart rate during vigorous exercise. We’ll keep an eye on the lawsuit and let you know if it goes anywhere, but it probably won’t, and that’s what got our attention. The users filed a class action against Fitbit despite signing (well, clicking) away their right to do so when they registered their devices. [More]

Musician Files $150M Lawsuit Against Spotify For Royalties

Musician Files $150M Lawsuit Against Spotify For Royalties

To make a song available on a streaming service like Spotify or Apple Music, the services negotiate with record labels and representatives of songwriters. David Lowery is a musician (best known for the bands Cracker and Camper Van Beethoven), a professor, and an activist for artists’ rights in the new music economy, and his latest effort is a class action lawsuit against Spotify for mechanical royalties. [More]

(afagen)

Final Decision In Uber Driver Class Action Won’t Come Until Appeals Court Decides On Arbitration

The trial in the case of California Uber drivers against the ride-hailing app is still going forward, scheduled for June 20, 2016. However, a few weeks ago, the judge allowed all of the drivers taking part to sue for mileage and phone bill reimbursement. Uber is appealing that ruling, and the appeal may not be resolved before the trial. This week, the judge ruled that he won’t make a final ruling until that case is resolved. [More]

Uber Sends Drivers New Contract That Includes Opting Out Of Any Current Class Actions

Uber Sends Drivers New Contract That Includes Opting Out Of Any Current Class Actions

Was Uber trying to deliberately trick its drivers when it sent out a new driver agreement, or just trying to make its contract provisions clearer? While the company’s attorneys claim that the new driver contract wouldn’t actually preclude drivers still working for them from taking part in the California lawsuit or other lawsuits against them, the attorney for the affected drivers disagrees. [More]

Federal Judge Rules That California Uber Drivers Can Sue For Vehicle And Phone Expenses

Federal Judge Rules That California Uber Drivers Can Sue For Vehicle And Phone Expenses

There’s a fairly low barrier to entry if you want to work as a driver for Uber or similar ride-hailing apps: you need to be over 21, have a safe driving record, and have a car that meets the company’s criteria. Then the company sends you work through their app, an arrangement that a current class action lawsuit says makes drivers employees of the service, entitled to reimbursement of their car and phone expenses. Now a federal district judge in California has ruled that the workers are entitled to have Uber cover their vehicle and smartphone expenses. [More]

(TheGiantVermin)

Don’t Forget: Starkist Tuna Lawsuit Deadline Is Friday, November 20

While there’s a new tuna class action on the dock filed against the grocery chain Safeway, don’t forget that the class action against tuna giant Starkist was also settled earlier this year, with millions of dollars and millions of vouchers for free tuna set aside as a settlement. [More]

Lawsuit Claims Safeway Deliberately Sold Under-Filled Tuna Cans

Lawsuit Claims Safeway Deliberately Sold Under-Filled Tuna Cans

The amount of tuna packaged into small circular containers is once again at the center of a consumer lawsuit. This time the $5 million complaint revolves around allegedly under-filled cans of Safeway-branded tuna.  [More]

Federal Judge Dismisses Apple Store Employees’ Lawsuit Over Bag Searches

Federal Judge Dismisses Apple Store Employees’ Lawsuit Over Bag Searches

Earlier this year, a 2013 lawsuit filed by Apple Store employees went forward, seeking class action status. The workers complained that mandatory searches of their bags before leaving the store premises occurred while they were off the clock, and the searches were “insulting and demeaning.” Over the weekend, the class action was dismissed. The judge’s reasoning: there’s no reason why employees need to bring a bag to work, or their personal Apple devices. [More]

(Amy Adoyzie)

Subway And Shortchanged Sandwich-Eaters Settle 2013 Lawsuit Over Footlong Sub Length

This news may shock you, but “footlong” sandwiches from the chain Subway have not historically been an entire foot long. Back in 2013, customers in different states filed class actions alleging that the sandwiches usually measure 11 to 11.5 inches. While most customers and many sandwich artists would say “close enough,” some literal-minded consumers were unable to abide 11.5-inch and 5.75-inch sandwiches. The lawsuit has finally been settled, and customers aren’t owed any money, because an extra half-inch of bread is apparently its own reward. [More]

The Uber Misclassified Employee Lawsuit Is Now A California Class Action

The Uber Misclassified Employee Lawsuit Is Now A California Class Action

While class action lawsuits can be an effective consumer remedy, they are not a quick one. Former drivers for ride-hailing service Uber first filed a class action on behalf of all California drivers in 2013, and it has just now been certified as a class action. The original lawsuit alleges that drivers for Uber are misclassified employees, who should have their vehicle expenses covered by their “employer,” Uber. [More]

Nestle Says There’s No Place For Forced Labor In Cat Food Supply Chain

Nestle Says There’s No Place For Forced Labor In Cat Food Supply Chain

After American consumers learned about horrible working conditions and trafficked workers on some fishing vessels out of Thailand, class action lawsuits began, accusing American, European, and Thai companies of benefiting from deplorable working conditions farther up their supply chain. One of the companies accused, the Swiss conglomerate Nestle, says that “forced labor has no place in [their] supply chain” for Fancy Feast cat food. [More]

(eren {sea+prairie})

Class Action Suit Alleges Nestle Benefits From Fishing Vessel Slavery To Make Fancy Feast

Last week, we shared the news that a Costco customer had filed a class action lawsuit against the warehouse retailer, claiming that they sell shrimp benefiting from slave labor. Now cat owners have filed a similar lawsuit against Nestle, parent company of Fancy Feast cat food, claiming that the company uses mistreated and enslaved workers to catch fish destined for cat food cans. [More]

(TheGiantVermin)

Starkist Class Action Settlement Means Customers Get $25 In Cash Or $50 In Tuna

Two and a half years ago, a man who eats tuna filed a class action lawsuit against Starkist, a tuna company. His allegation was that the company was deliberately under-filling each can by a few tenths of an ounce. That might not make a difference to one consumer making one tuna salad, but would add up over millions of cans. While Starkist doesn’t admit fault, the case has been settled. [More]

((JessyeAnne))

Class Action Suit Against Hollister For Canceling Promo Gift Cards Goes Forward

While class action lawsuits can be a useful method of consumer justice, they are not a swift one. Take a class action against the clothing store Hollister, which is owned by Abercrombie & Fitch: a customer accuses the store of making promotional gift cards expire even though there was no expiration date printed on the cards. It was just certified as a class action last month, and the promotion in question happened in 2009. [More]

Sears Shareholders Sue, Claim CEO Is Stripping Company For Parts

Sears Shareholders Sue, Claim CEO Is Stripping Company For Parts

For many years here at Consumerist, we developed a theory that the venerable department store Sears was secretly a vast anti-capitalist prank, which actively avoided selling merchandise. Its goal was something else: perhaps waiting for the retail real estate market to turn around and cash in the land and buildings that it owns. A group of Sears Holdings shareholders are starting to think the same thing, and they’ve filed a lawsuit against the company and its manifesto-writing CEO, Eddie Lampert. [More]

(CrzysChick)

Ohio Jury Finds Whirlpool Not Liable For Moldy Front-Loading Washers

For the last six years, appliance-maker Whirlpool has fought the prospect of class action lawsuits filed by the owners of early front-loading high-efficiency washing machines. When the Supreme Court declined to hear Whirlpool’s case for the second time earlier this year, actual suits could go forward. The case on behalf of Whirlpool washer owners in Ohio went to trial this month, and a jury found the company not liable. [More]