If the recent economic meltdown has a bright spot, it is the possibility that smart regulation may return. There will always be those who will cheat if they can, putting both consumers and the market at risk. It cannot function properly without regulation to prevent cheating and ensure consumers are getting a fair deal. But without a private right of action and attorney fees, consumer protection regulations are nearly worthless. A “private right of action” means…
lawsuits
Powerful People Want To Hear Your Arbitration Horror Stories
By 10.30.08
If you’ve been screwed by arbitration, our consumer and public interest friends in DC would like to hear your story for something special they’re cooking up. Arbitration agreements are clauses inside many contracts between companies and yourself that, in the event of a dispute, prohibit you from suing the company in a court of law. Instead, you have to take your case to a special arbitration firm. Arbitration bills itself as a speedy and fair way to resolve legal disputes, but it’s come under heavy fire recently for being heavily weighted in favor of companies. If you’ve gotten the short end of the stick, send your story to arbitration.stories@gmail.com.
Target Pays $3.1 Million For Falsely Accusing Customer, Via Bulk Email, Of Passing Funny Money
By 10.27.08
A jury awarded Rita Cantrell $100,000 in actual damage and hit Target with $3 million in punitive damages after a Target employee sent a group email falsely accusing her of passing counterfeit bills. Rita was trying to buy stuff with a 1974 $100 bill which the store employees didn’t recognize and thought was a fake. A loss-prevention employee then sent around a group email containing her picture and the false allegation to 31 different local, state and federal law enforcement offices, malls, department stores, home-improvement stores and grocery stores. The email result in the Secret Service interrogating Rita at her work place, but they were able to check out the bill and determine it was genuine. “Every aspect of Rita’s life was harmed by Target,” said Cantrell’s attorney.
J&J Has Paid Over $68.7 Million In Ortho Evra Lawsuits
By 10.24.08
Johnson & Johnson has paid out over $68.7 million in private settlements in Ortho Evra birth-control related claims. The Public Citizen’s Health Research Group is petitioning the FDA to take it off the market. The most common complaints among users of the contraceptive patch that adheres to the skin are blood clots in the legs, blood clots in the lungs, and hearts attacks/strokes. But hey, at least you don’t have a baby. [Bloomberg]
Wireless Carriers Tell Senate: "Text Messaging Rates Have Dropped, And Your Queries Have Led To Lawsuits Against Us!"
By 10.14.08
The national wireless carriers have responded to the Senate’s request for information on why its text-messaging fees have doubled over the past three years. Their collective response: they haven’t gotten more expensive, they’ve gotten cheaper—and your public suspicion of our business practices has led to lots of class action lawsuits!
Lawsuits Claim Applebee's Weight Watchers Food Has Too Much Fat
By 10.10.08
Awhile back we posted about some testing done by a group of local news affiliates that showed that the actual amount of fat (and calories) in certain “healthy” menu items from a variety of restaurants was different than what was listed on the menu.
Big Pharma Goes Before Supreme Court To Get State Lawsuits Banned
By 10.7.08
“Pre-emption” is a legal doctrine that says the federal government can claim all regulatory power over an area or subject, barring states from acting on their own. The drug maker Wyeth has brought a case before the Supreme Court arguing that a woman in Vermont, who lost her arm due to a drug complication that Wyeth knew about but did not publicize, cannot sue them in state court because of pre-emption. Wyeth says that only the FDA has the power to regulate it—and since the FDA approved Wyeth’s drug label, it’s the FDA’s responsibility. We think Wyeth is pretending to care about federal-versus-state power in an attempt to weasel out of any responsibility.
Ringtone Scam Class Action Settlement Announced
By 10.7.08
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.
After 16 Years, Justice Department Ordered To Build Used Car Database
By 9.28.08
A federal judge ruled last week that the Department of Justice has until March to establish a used car database as directed by Congress 16 years ago. The National Motor Vehicle Title Information System will warn potential buyers if a used car was stolen or totaled, and will instantly verify the car’s title and mileage. Here’s how it will work…
Man Sues Doctors For Amputating Penis
By 9.24.08
What part of “circumcision” was unclear? That’s basically what a Kentucky man and his wife are asking of two doctors who cut off the man’s penis while he was under the knife. The doctors say they discovered cancer and made an emergency decision. The man says, dude, wtf, you cut off my penis. It doesn’t grow back, and it was kind of important to me.
Timberland Offering Up To $150 To Recipients Of Its Text Message Spam
By 9.24.08
Under the terms of a preliminary settlement agreement, [Timberland and e-commerce company GSI] will pay $7 million into a cash fund to reimburse those who received the messages, according to KamberEdelson LLC, one of the law firms that helped bring the suit.
One Day Left To Register For TransUnion Class Action Lawsuit
By 9.23.08
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:
Join The Verizon ETF Class Action
By 9.12.08
Wanna get in on the Verizon Early Termination Fee class action settlement? I did and went to verizonETFsettlement.com just like the postcard told me. Basically, if you were a Verizon Wireless customer from July 23, 1999 to August 10, 2008, and you were either charged an ETF, whether you paid it or not, you could be eligible for a piece of a $21 million pie (after the attorneys get their fees first), just file a claim form by October 14. In typical fashion, I tried filing a claim but the site keeps timing out. Something to bookmark and check in on later and hope they fixed it. Even when you think you’re giving Verizon its comeuppance, somehow you get screwed over. UPDATE: The website seems to be fixed now. By the way, at the end you will have to print out and mail in forms. They want you to attach documentation of your ETF. If you don’t have documentation, you can still make a claim but you will get a lesser amount.
By 9.11.08
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Just a reminder: you can get free credit reporting services for at least six months by participating in a class action settlement against TransUnion. Carey posted details about it back in June; the deadline to participate is September 24th. (Thanks to Michael!)
$54 Million Pants Case Back In Court
By 9.11.08
Roy “Fancypants” Pearson, the ex-judge who sued a dry-cleaner for $54 million over a misplaced pair of pants, that the cleaner even offered to replace, is continuing to press his case. He lost his original suit, he lost his job, now a court has agreed to hear his appeal. This man gets the award for worst…consumer…ever. Video inside.
By 9.10.08
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“There’s a fungus among us,” is a humorous phrase. “There’s a fungus among us, and it’s in my eye,” on the other hand, is a lawsuit. 14 more consumers filed lawsuits against Advanced Medical Optics over their recalled Complete MoisturePlus contact lens solution. The fluid was recalled because the CDC linked it to cases of Acanthamoeba infection, which can cause Keratitis, which can leaves your eye red, inflamed, in pain, and possibly lead to impairment or loss of vision. [Press Release]
Lawsuits: American Airlines Loses Wife's Corpse For 4 Days
By 9.9.08
It’s one thing if American Airlines loses your baggage, but what about your wife’s body? What do you do then? One Brooklyn man was faced with this grim dilemma when he arranged to have his wife’s body flown to their home in Ecuador after she passed away from pelvic cancer. American Airlines lost the body, and it went unrefrigerated for 4 days, according to the New York Post.
Customer Sues Delta For Bogus Weather Cancellation, Wins
By 9.5.08
Meet Mitchell Berns. Delta slapped him with a bogus weather cancellation and, rather than sit down and take it, he booked himself and his family on another flight — then sued Delta in small claims court and won a default judgment. Berns is a lawyer, but he didn’t do anything that you couldn’t do.
