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Class action lawsuits

Wednesday, May 08, 2013

 

Settled/open to claims

 

AT&T  Current and former AT&T landline customers who were billed for third-party charges between January 1, 2005 and January 14, 2013 can receive full refunds or credits of the unauthorized charges paid, pending a final fairness hearing on 11/1/13.  The class action came about due to unauthorized third-party charges on landline bills.  Click here for details and claim form.  Claims deadline is 12/2/13.

Commerce Bank  Consumers may be eligible for a share of a $18.3 million settlement if they were charged one or more overdraft fees due to Commerce Bank’s practice of reordering transactions.  Click here for details and claim form.  Deadline for claim forms is 5/21/13.

Hydroxatone  Consumers who bought certain Hydroxatone products and were charged shipping and processing fees under the Risk-Free Trial and/or Auto-Shipment Program between January 1, 2005 and March 28, 2013 can receive up to $100 cash or a Hydroxatone product, pending a final fairness hearing on 7/16/13.  Click here for details and claim form.  Deadline for claims is 8/15/13.

Sony  Consumers who bought the Sony TV model KDS-R5OXBR1 or KDS-R6OXBR1 on or before December 22, 2012 may be eligible for a Sony gift card of $60.  Click here for details and claim form. Deadline for claims is 6/10/13.

Acer  Consumers who bought certain Acer Notebook Computers preinstalled with Microsoft Windows Vista before April 25, 2013 may be eligible for compensation, pending final fairness hearing on 10/4/13.  The company reached a settlement as a result of allegations that the Acer computers with 1 GB of RAM did not have sufficient memory to run Microsoft Windows Vista, causing the computer to crash, freeze, and lock-up.  Click here for details and claim form.  Claims deadline is 7/24/13.

Hydroxycut  $25 cash refund per unit or Hydroxycut product bundle available for those who bought certain Hydroxycut products between May 9, 2006 and May 1, 2009.  Click here for details and claim form.  Deadline for claim form is 5/23/13.

ADT  Consumers who received pre-recorded telemarketing phone calls selling ADT products and services since January 1, 2007 may be eligible for compensation, pending a final fairness hearing on 6/21/13.  Click here for details and claim form.  http://robocallsettlement.com/  Deadline for claims is 6/10/13.

Midland Credit Management, Inc.    Residents of certain states may be eligible for either debt forgiveness or cash consideration up to $1000 if between July 13, 2006 and February 18, 2011, they received telephone calls from Midland Credit Management and were not informed at the beginning of the call that the call may be monitored or recorded.  Click here for details and claim form.  Claims deadline is 5/28/13.

ASUS  Consumers who bought the Asus Eee Pad TF201 Transformer Prime tablet between December 1, 2011 and February 19, 2013 and experienced GPS or WiFi reception issues may be eligible for a cash payment and a free Dongle program, pending a final fairness hearing on 7/11/13.  Click here for details and claim form.  Deadline for claim forms is 5/31/13.

Radioshack  California consumers whose personal identification information was requested and recorded by Radioshack during a credit card transaction between November 19, 2009 and December 12, 2012 may be eligible for an $11 settlement certificate.  Click here for details.

Verizon  Current and former Verizon landline customers who were billed for third-party charges between April 27, 2005 and February 28, 2012 can receive $40 or the full amount of unauthorized charges paid.  The class action came about due to unauthorized third-party charges on landline bills.  Click here for details and claim form.

Yoplait  $4 cash refund per unit available for those who bought Yoplus yogurt products between July 26, 2004 and July 5, 2012. The company reached a settlement over allegations of falsely advertising the digestive health benefits, pending a final fairness hearing on 6/17/13.  Click here for details and claim form.  Deadline for claim forms is 8/16/13.

Harris Bank  Consumers may be eligible for a share of a $9.4 million settlement if they were charged one or more overdraft fees due to Harris Bank’s practice of reordering transactions.  Click here for details and claim form.  Deadline for claim forms is 6/18/13.

EA Sports Consumers who bought a new copy of football video games Madden NFL, NCAA Football or Arena Football between 1/1/2005 and 6/21/2012 are eligible for up to $6.79 per new game, depending on their gaming platform.  Click here for more info.  Deadline for claim forms is 5/15/2013.  Click here for claim form.

Michaels  Consumers who purchased items at select Michaels stores between January 1, 2011 and May 12, 2011 with their credit/debit card  at one of the Tampered PIN Pad Terminal may be eligible for compensation.  Click here for details and claim form.  Deadline for claim forms is 5/25/2013.

Breathe Right Throat Spray  Illinois consumers who purchased Breathe Right Snore Relief Throat Spray after January 1, 2008 may be eligible for a voucher valued at $8 that can be used to purchase Breathe Right products at a retail store in Illinois.  Click here for details and claim form.  Deadline for claim forms is 5/21/2013.

Neutrogena Fake Organic Cleanser  $1.3 settlement over falsely advertising "all natural" or "all organic" products that were not.  Consumers are eligible for compensation if they bought certain cleansers or moisturizers after 1/1/2011.  Click here for more info.  Deadline is 8/26/2013.

Kaz Heating Pads  California Consumers who bought Kaz heating pads between 2006 and 2013 are eligible for $20.  The class action came about due to deceptive packaging and the potential for the pad to cause burns.  Click here to determine whether you are eligible.  Deadline for claims is 6/17/2013.

NCO Debt Collection  Residents of certain states may be eligible for a share of a $1.5 million settlement if they wrongly paid the debt collector NCO for improperly calculated interest or for a debt they did not owe.  Deadline is February 2015.  Consumers must contact their state Attorney General's office to determine eligibility.

Toyota Rav4 Transmissions  Consumers who currently or previously owned or leased a 2001-2003 Rav4 with an automatic transmission that experienced harsh shifting.  Click here for claim form.  Affected drivers can receive reimbursement for prior transmission repairs, will receive a warranty extension for future transmission issues.  For more info, click here.

Dell extended warranties  California consumers who bought an extended warranty or "hardware service contract" from Dell from 4/8/1999 to 6/30/2008 are now eligible for their share of a $275 million settlement fund.  Dell illegally charged sales tax on something the courts found not to be "tangible personal property" and thus not subject to state sales tax.  Click here for the settlement website.  Deadline for claims is 5/29/13.

 

 

Pending

 

Force-placed flood insurance from Citibank, MidFirst Bank  Nationwide class action against Citibank and MidFirst Bank for allegedly overcharging borrowers for more flood insurance coverage than what their mortgage contracts and federal law required.  The banks received kickbacks from the insurers for choosing the more-expensive policies for the homeowners.  Read the complaint (PDF).

Junk debt collection lawsuits  In Monique Sykes et al. v. Harris, as many as 100,000 individuals could be entitled to damages for default judgments allegedly obtained without serving the defendants with court papers.  The suit contends that a law firm (Mel Harris & Associates), its client consumer debt purchaser and a process serving company schemed to obtain thousands of default judgments in state court via bogus service documentation ("sewer service") and false affidavits.  When the consumers failed to appear in court because they did not receive notice of the lawsuits, the defendants obtained default judgments against them.  Some of the charges allege violations of the Fair Debt Collection Practices Act (FDCPA) and the lawsuit also asserts that the companies conspired under the Racketeer Influenced and Corrupt Organizations Act (RICO). Follow the case at Justia.

Chipotle rounds up purchases  Californians who bought something at Chipotle from August 30, 2008 to the present are eligible to join the class in Overton v. Chipotle Mexican Grill, which alleges that the chain always overcharged customers by rounding bills up to the nearest nickle.  Click here to download the case.

Hertz overcharging sales tax  This case stems from the rental car company issuing coupons and discounts, but charging customers sales tax on the pre-discounted amount, resulting in overcharges estimated in the millions of dollars.  Click here for more info.  Anyone who rented a car from Hertz between 2008-2013 and was overcharged is invited to join the class.

TrimStep shoes sold by Target  In Erin M. Laughlin, On Behalf of Herself and All Others Similarly Situated v. Target Corporation, Laughlin on behalf of a class of consumers who bought TrimStep shoes alleges that the product fails to perform as advertised.  Read more about the case.

Spirit Airlines  Alleges that the airlines charged and collected hidden "passenger usage" fees.  Read Huffington Post and Courthouse News coverage of this class action.

Bank of America  The action, brought by Morgan Murphy of Alabama, who served in the Navy, charges that the bank had violated the Servicemembers Civil Relief Act (SCRA), which protects active duty service members from foreclosure, eviction and other activity that might result from financial hardship while serving their country.  Read the complaint (PDF).

Skechers Shape-ups  Skechers is the defendant in a federal class-action lawsuit filed in California that that accuses the company of exaggerating claims about the effectiveness of the shoe.  The complaint also purports that the shoes increase injury risk due to the way the shoes were designed.  Attorneys for the case say that whether or not you found the shoes effective, if wearing the shoes caused you to suffer broken bones or other serious injuries, the manufacturer of the shoe may be financially responsible for your injuries, and all related expenses.  They say it is important that you keep the shoes, as they are important evidence to your case and consider reporting your experience to the Consumer Product Safety Commission.  Read more about the case.

 

Case closed

 

Norton  Auto-renewal $10 cash refund available for those who upgraded or renewed their Norton antivirus software after 10/1/2005.  Symantec settled a lawsuit over whether they were improperly charging customers for autorenewals after the customer bought another Norton product.  Click here for details and claim form.  Claim form deadline 5/6/2013.

Verizon Wireless  California consumers who bought Unlimited Get it Now game(s) on a handset and later purchased one or more new handsets that were activated on the same mobile telephone line between January 1, 2004 and June 22, 2012 can receive up to $35.   The company reached a settlement as a result of allegations that Verizon Wireless did not adequately disclose that a subscriber could not transfer Unlimited Get it Now games downloaded onto one handset to a later handset free of charge.  Click here for details and claim form.  Deadline is 5/4/2013.

CytoSport  Consumers who bought nutritional products like Cytomax, Monster Milk, or Muscle Milk between June 4 2006 and January 5 2012 can receive up to $20 cash.  The company reached a settlement as a result of allegations that some of their products contained lead, cadmium, and/or arsenic.  Click here for details and claim form.  Claim deadline is 5/3/2013.

Skechers Toning Shoes  Consumers who purchased certain Sketchers’ shoes between August 1, 2008 and August 13, 2012 can receive up to $80.  The company reached a settlement over allegations of falsely advertising the health and weight-loss benefits of certain shoes.  Click here for details and claim form.  Deadline is 4/18/2013.

Cellucor.com  $8 cash refund or one savings voucher available for those who bought certain pre-workout dietary supplements like C4 Extreme, M5 Extreme, or N0 Extreme. Click here for details and claim form.  Deadline is 4/15/2013.

AT&T Mobility wireless  Consumers who were improperly charged a Universal Service Charge as AT&T Mobility customers from 1/1/2004 to 12/31/2010 may be eligible to receive a pro rata share of the $152,634,430 settlement. Current AT&T customers should receive a credit on their bill, while former customers will need to submit a claim form. Click here for details.

Bank of America  In this multi-district litigation filed in federal court in San Francisco, credit card customers alleged that they were charged a monthly fee for “Credit Protection Plus” and received no benefits from the service. There is a preliminary settlement fund of $20 million, to provide $50-$100 per consumer. Class members must file before Feb. 26, 2013.

People in Ohio with unclaimed funds  The Ohio Department of Commerce owes consumers who had unclaimed funds on deposit with the state more than $9.5 million in a class action settlement over the fact that the state did not pay interest on unclaimed funds. Click here for the settlement website.

Discover  Case closed June 6, 2012. Alleged that Discover engaged in improper conduct regarding the marketing, enrollment, pricing, and administration practices relating to different fee-based products.  (Discover denies all allegations and any claims of wrongdoing.)  Class members must submit a claim form.  Click here to learn more.

Bed Bath & Beyond ZIP code settlement  Alleges that customers were asked for a ZIP code in violation of their privacy rights in the first two weeks of 2011 at Bed Bath & Beyond stores in California.  Class members will receive a $7 card or a 15% discount on purchases in the store. Deadline for claims is 11/7/2012.  Click here for claim forms.

Kardonick v. JPMorgan Chase & Co.  Settlement of a class action alleging that JPMorgan Chase engaged in breaches of contract, breaches of implied covenant and violations of the unfair and deceptive acts and practices statutes of various states, among other matters, in connection with the marketing, selling and administration of payment protection products.  (Closed on Aug. 8, 2011.)  To read more about this case, click here.

Capital One  $210 million settlement fund in case alleging improper conduct regarding the marketing, enrollment, pricing, and administration practices relating to credit add-on products.  No action required is required of class members, who will receive an automatic credit on their Capital One credit cards if still cardholders.  Checks will be mailed to affected individuals who are no longer cardholders.  If you are a former cardholder or a current cardholder and your contact information at the company is out of date, update your contact information.  Click here to learn more at the Consumer Financial Protection Bureau.

Reebok Easytone  Deceptive advertising of the benefits of fitness shoes is alleged. Under the terms of the FTC settlement, the funds were made available through a court-approved class action lawsuit.  Rust Consulting, Inc., the court approved settlement administrator, will begin mailing the checks on Aug. 8, 2012 to eligible consumers who submitted a valid claim for a refund.  The checks must be cashed on or before November 6, 2012. Consumers who have questions should call 888-398-5389.  Click here for more information.

LCD Flat Panel Antitrust Litigation  Litigation and settlements to benefit consumers (individuals or businesses) that purchased an LCD Flat Panel which has been incorporated into a television, monitor or notebook computer from a retailer other than the manufacturer.  Consumers in 24 states and the District of Columbia may qualify to receive a cash payment for purchases between January 1, 1999 and December 31, 2006.  On July 11, 2012, the Court granted final approval to seven settlements of more than $538 million.  Consumers must submit a claim by Dec. 6, 2012 in order to get a payment.  Click here to find claim forms and other information.  Consumers may also call 855-225-1886 or write to: LCD Class, PO Box 8025, 
Faribault, MN 55021-9425 to get additional information.  Affected individuals who wish to opt-out of the settlement have until Oct. 9 to do so. ( There are also settlements and ongoing litigation involving LCDs purchased DIRECTLY from manufacturers of LCD panels and products. If you purchased directly from the manufacturers, visit the LCD Direct Purchaser Class website for more information.)