Don’t try to sue the Chinese Poison Train. It won’t work. American victims of tainted Chinese products have found it nearly impossible to litigate against companies based in China. There are roadblocks at every step in the process: Americans can only sue Chinese companies that do business in the U.S.; phantom companies that exist only on paper refuse to hand over key documents; and, even if a consumer can win a default judgment, no treaty compels China to respect rulings from U.S. courts. From the Washington Post:
lawsuits
Best Buy To Sue Geeks Who Spoke Out Against Porn Stealing?
By 7.27.07
Word on the street is that following negative stories in the LA Daily News, and the Minneapolis Star-Tribune, Best Buy interrogated employees at the Santa Clarita store where former Geek Squad agent and Consumerist reader Brett Haddock used to work, and could be gearing up, or at least, wants people to think it’s gearing up, to seek damages against Geeks who spoke out about the porn pilfering.
9th Circuit Court Says Companies Can't Change Contract Terms Simply By Posting Changes On A Website
By 7.26.07
Parties to a contract have no obligation to check the terms on a periodic basis to learn whether they have been changed by the other side. Indeed, a party can’t unilaterally change the terms of a contract; it must obtain the other party’s consent before doing so….
Zicam Nasal Gel Vanquishes Colds, Sense Of Taste, Smell
By 7.23.07
A chewing gum company turned cold remedy manufacturer is under fire for selling a nasal spray that destroys people’s sense of taste and smell. Over 400 lawsuits have been filed against Matrixx Initiatives for the side effects associated with Zicam nasal gel, a zinc-based homeopathic cold remedy. Matrixx has already spent $12 million to settle 340 lawsuits, but some customers won’t be satisfied until the FDA is involved.
Verizon To Pay $6 Million For Sending Junk Faxes
By 7.21.07
Verizon will pay $6 million to businesses in Louisiana, Florida, and Alabama for sending 10,145 junk faxes advertising its services. The Telephone Consumer Protection Act bans businesses from sending unsolicited faxes, and allows for fines reaching up to $1,500 for each violation. Verizon will pay class members only $625 per fax, despite their crack legal team’s best efforts to deploy novel and absurd legal arguments in Verizon’s defense.
Seattle To Require Calorie Labeling At Chain Restaurants, Cut Trans Fat
By 7.20.07
Seattle will be going trans fat free, according to the CSPI. Not only that, Kings County is also adding a calorie labeling requirement similar to that of NYC. NYC is currently being sued over the regulation by the a restaurant group representing most fast food chains. Subway has complied with the requirement and their menu is being used as an example in court.
Gwen Stefani Sues Forever 21 For Trademark Infringement
By 7.18.07
Gwen Stefani doesn’t like it when Forever 21 does knock-offs of her designer clothes, according to MSNBC. Gwen’s reps claim that Forever 21 is “marketing, promoting, and selling products featuring a design ‘virtually indistinguishable’ from Harajuku’s signature heart/box logo”
Anonymous Businessman Settles Elderly Couple's Tax Nightmare
By 7.18.07
Remember the Atwoods? They were facing the possibility of losing their home after it was sold to pay $1.63 in property tax.
Blue Hippo Takes Your Payments, Doesn't Send Your Merchandise
By 7.18.07
Blue Hippo is one of those “no credit check” computer-buying companies. The basic idea is that you start making payments to Blue Hippo in order to “establish your credit history,” then, after 9 weeks, they send you a computer. You continue to make payments on the computer for a year, after which it is yours.
Manufacturer Claims eBaying Its Car Parts Violates "Intellectual Property Rights"
By 7.18.07
Manufacturers are getting eBay auctions canceled for selling their products “too cheaply,” reports the Consumer Law & Policy blog…
Judge Awards $68,685.23 in Attorneys Fees Against RIAA
By 7.17.07
In the case of Capitol v. Foster, the judge has awarded $68,685.23 in attorneys fees to the defendant, Debbie Foster. According to Recording Industry vs The People, this is the first time attorneys fees have been awarded to an RIAA defendant.
Woman Sues Spirit Airlines In Small Claims Court And Wins
By 7.17.07
Jane Waun sued Spirit Airlines in the small claims division of 54B District Court in East Lansing, Mich., as a last resort this spring after trying unsuccessfully to resolve her beef with the airline directly.
Consumer Sues Choicepoint For Saying She Was In An Accident She Wasn't In
By 7.16.07
Angie Duckworth is suing Choicepoint and State Farm for $75,000+ for reporting her as being in an accident she wasn’t in, and messing up her credit report.
Consumers Can't Sign Away Rights To Class Action Lawsuits
By 7.13.07
The Supreme Court of Washington State has ruled that consumers cannot sign away their right to participate in a class action lawsuit, according to the Seattle Post-Intelligencer.
$325 Million Amerquest Settlement Payout Might Average $812.15 Per Person
By 7.13.07
If you got a mortgage through Ameriquest from 1999-2005, you may be eligible for a $325 million settlement Ameriquest reached with 49 states over their shady lending practices, which included failing to disclose that the loans had adjustable rates, failing to disclose the terms of the loan, refinancing homeowners into inappropriate loans, inflating home appraisals, and charging excessive fees such as prepayment penalties and loan origination fees. Ameriquest did not admit wrongdoing.
Get Your $100 Paxil Refund
By 7.12.07
US Citizens have until August 31 to claim a $100 refund if you bought Paxil for someone under the age of 18.
Not Canceling The Account Costs AOL $3 Million
By 7.12.07
AOL has avoided what was certain to be an entertaining court battle by settling with 48 states and the District of Colombia over allegations that it made it, uh, difficult to cancel for the many customers who were fleeing to broadband.
Lawsuit: XBOX 360 Scratches Discs?
By 7.11.07
Brouwer said his Xbox 360 scratched two of his games, “Gears of War” and “Madden NFL 07,” and that Microsoft offered to replace the games for a $20 fee. He is seeking more than $5 million in damages, according to the court filing.
We’re assuming the $5 million is to replace everyone’s games (class action) and not just for him. This lawsuit deals only with disc scratching, an entirely separate issue from the “general hardware failure” that prompted Microsoft to extend the XBOX 360 warranty.
