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A California court has upheld the scrawny Netflix “throttling” settlement from 2006. That was when Netflix settled a class-action lawsuit that alleged they intentionally slowed down the rental rates of high-renting customers. The settlement only really benefited lawyers and Netflix, but it stands.
This lady started taking Fen-Phen and lost 30 lbs, but now she’s got high blood pressure, sleep apnea, and swollen legs, possibly indicative of primary pulmonary hypertension (PPH), the negative side effect American Home Products (now known as Wyeth) were successfully sued for upwards of $14 billion. When she called Wyeth, they told her that she had “waited too long” to file a lawsuit. However, the 2006 Fen-Phen settlement actually has a clause that says there’s no statute of limitations on filing a claim. Therefore, you can still join a class action lawsuit against them. Also goes to show you that calling up the customer service department probably isn’t the best route to take if you’re looking for objective information about suing that company…
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The Ninth Circuit Court of Appeals declined to hear Microsoft’s appeal in the ‘Vista Capable’ class action suit, and it’s moving forward to U.S. District Court. [Seattle Times] (Thanks to T.J.!)
Anyone who has been on the receiving end of an Apple ad campaign in the past 10 years knows that they tend to play fast and loose with the truth in their ad copy. Their towers are the fastest, their laptop is the thinnest, their phone is the most advanced. With so many unchecked exaggerations, Apple sometimes comes across as the consumer electronics version of Donald Trump, augmented by killer industrial and UI designers. Now a law firm in California has filed a class-action suit against the company for misrepresenting its new 20-inch iMac models as being capable of producing millions of colors, when in fact they use a substandard el-cheapo screen that is nowhere near as capable as what’s in the 24-inch models.
Last year’s class-action settlement against Mastercard, Visa, and several banks over the fees they charged customers who traveled abroad came up to about $336 million, and of that, 31 law firms are claiming a total of about $86 million for fees. The federal judge responsible for determining how much they get paid wants to know why.
A class-action lawsuit has been filed in California against Verizon and several third-party companies, alleging that they promoted illegal gambling by enticing customers to pay to enter contests in which there was an “infinitesimally” small chance of winning, reports RCRWireless. “The suit centers on 99-cent charges levied on wireless consumers who played contests associated with popular TV shows like ‘Deal or No Deal’ and ‘Sole Survivor.'” The plaintiffs claim that the contests were less promotional sweepstakes than “illegal lotteries designed to generate revenues far in excess of the value of the cash awarded.”
Earlier this year we noted that Network Solutions is “front running” domain names—that is, automatically purchasing domain names that customers search for and holding them for four days before releasing them again. During that period, the only way customers can buy the domain names is through Network Solutions for 3 to 5 times more than what you can pay elsewhere. Now “search engine expert” Chris McElroy has filed suit against them, named ICANN as a defendant, and is seeking class action status.
Hey want to buy an “ionic air filter”? You don’t? Is it because of that annoying class action lawsuit? Hey guess what? You’re not the only one! After losing a class action lawsuit Sharper Image ” said in court papers it fell victim to “negative publicity” as it fought lawsuits over its Ionic Breeze air purifiers.”
Microsoft’s “Vista Capable” program was so misleading that even Microsoft executives complained about it according to emails revealed last week in court. The emails were read aloud at a hearing to determine class-action status for a related lawsuit against the company. One corporate vice president wrote, “”I PERSONALLY got burnt. … Are we seeing this from a lot of customers? … I now have a $2,100 e-mail machine.” The co-president of another division wrote, “We really botched this. … You guys have to do a better job with our customers.”
A proposed class action lawsuit was filed yesterday in California against Dannon over the company’s unsubstantiated claims that its Activia, Activia Lite and DanActive “probiotic” yogurts were healthier than regular yogurt.
Between December 2006 and January 2007, Mann Theatres in Southern California printed the expiration dates of credit cards on receipts. If you were one of the lucky suckers who saw a movie there during this period and paid via credit card, Mann’s lawyers want to make things right by giving you two free movie tickets and some free popcorn. However, to qualify for the free tickets, you have to provide your credit card number. This is like the end of “The Lion King” where the new cub is held aloft—the circle of life continues.
Did you know that every time you purchase something from Overstock.com you agree to a mandatory binding arbitration clause and have no legal recourse against the company? Even if they illegally disclose too much of your information on your receipt?
If we had an award for most pissed-off consumer ever, it might go to Kate Hanni. After being stranded on the tarmac by American Airlines in 2006, she started a group called “The Coalition For An Airline Passengers’ Bill Of Rights,” which, since we first reported on it, has grown from a blogspot blog to a full blown lobbying group that has a tipline and issues press releases.
Around this time last year, computer manufactures were trying to convince people not to wait until Vista came out to buy a new computer. To that end Microsoft devised what was (and still is) considered to be one of the most confusing marketing campaigns ever.
When TJX revealed earlier this year that they’d failed to keep safe over 45 million customer credit card accounts, they were hit with both consumer and bank class action lawsuits. Now they’ve submitted a proposed settlement for the consumer class action suit that includes a strange, somewhat insulting offer: a “one-day sale” for victims of the theft. Attorneys general from eight states have filed an objection against the proposal, citing that even if it’s a well-intentioned goodwill gesture, it doesn’t belong as part of any official, legal settlement, which should be designed to benefit the victims rather than the retailer.
Ars Technica is reporting that a California resident has sued Comcast for their traffic shaping shenanigans and is seeking class action status. He’s accusing Comcast of “breach of contract, breach of implied covenant of good faith and fair dealing, and violating the California Consumer Legal Remedies Act.”
Last Thursday, a Texan filed a class-action suit against Systemax Inc. in federal court, alleging the company and its subsidiaries TigerDirect and OnRebate conspire to delay or reject rebates in order to sweeten profits. Systemax says no way, we pay our rebates on time; according to its chief financial officer, “All consumers who properly complete the rebate application and submit the required paperwork have their rebates paid, period.” But that’s not what the Texan says happened to him.
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