J.C. Penney Text Spam Class Action Survives Dismissal

By Amanda Antell

On June 14, 2013, California federal judge Irma E. Gonzalez rejected J.C. Penney Co. Inc.’s attempt to dismiss a class action lawsuit accusing the company of sending unsolicited text messages, ruling that plaintiffs showed reasonable evidence that the messages came from an automated system – a violation of the federal Telephone Consumer Protection Act (TCPA).

Lead plaintiff Tracy Maier filed the class action lawsuit against J.C. Penny in January 2013 after receiving an unsolicited text message from the company encouraging her to check out the retailer’s latest deals and reply back to the advertisement. Maier says the text violated the TCPA, which prohibits companies from contacting consumers on their cell phones without their prior express consent. The TCPA further prohibits companies from an automatic dialing system to contact consumers. Maeir alleges in the class action lawsuit that the J.C. Penney text she received was just one of a “mass transmission” of similar texts set by the retailer.

Public Storage Hit with Lawsuit Over Business Practices

By Jessica Tyner

Most people are familiar with the orange and purple Public Storage facilities that have popped up around the country. You’ve probably even used one before, trusting that when you put stuff in storage, it’s safe. However, the security of storage items might not be nearly as iron-clad as people think. In Charlotte, North Carolina, a lawsuit has been filed against the company claiming that it puts customers and their property in danger.

Eyewitness News went undercover in Charlotte to see just how secure Public Storage was when they thought no one was looking. In Charlotte alone, there are 35 Public Storage sites, and Paul Trott was in charge of managing them for the past six years. However, he claims in a lawsuit against Public Storage that company-wide budget cuts have caused maintenance to completely stop. There apparently isn’t even enough money to replace burned-out lights, making customers lug around flashlights to access their unit after dark.

Class Action Lawsuit Filed Over 'Happy Birthday' Song Copyright

By Anne Bucher

A class action lawsuit has been filed against Warner Music Group Corp. accusing the company of falsely claiming copyright ownership of the famous “Happy Birthday to You” song.

The proposed class action lawsuit was filed on Thursday, June 13, in a New York federal court. In the complaint, plaintiffs allege the “Happy Birthday” song belongs in the public domain.

Starbucks ADA Class Action Lawsuit Moves Forward

By Anne Bucher

On Friday, June 14, U.S. District Court Judge Dean D. Pregerson ruled that a class action lawsuit against Starbucks Corporation alleging violations of the Unruh Civil Rights Act and the Americans with Disabilities Act (ADA) may proceed.

The class action lawsuit against Starbucks was originally filed on May 10, 2012, by plaintiffs who seek to force California Starbucks stores to lower the height of their pickup counters. The plaintiffs allege that the pickup counters are in violation of the ADA and pose safety risks to customers with disabilities because they exceed the height requirements listed in the ADA. According to the ADA Accessibility Guide, a service counter cannot require a customer to reach deeper than 20 inches or higher than 44 inches.

Payments from Citizens Bank Overdraft Settlement Expected Fall 2013

By Kimberly Mirando

Consumers who submitted valid claims for the $137.5 million Citizens Bank overdraft class action settlement can expect to see payments in September, according to an update on the Settlement Administrator website.

American Bankers Insurance Co. Class Action Settlement

By Mike Holter

American Bankers Insurance Company of Florida (ABIC) has reached a class action lawsuit settlement with dwelling insurance policyholders who say the company did not properly pay out claims related to a Structural Loss. Eligible policyholders can receive a cash refund of some of the money they paid to complete repairs if the class action settlement is approved.

Skechers Toning Shoe Settlement Checks On the Way!

By Matt O'Donnell

Hundreds of thousands of consumers will begin receiving checks for the Skechers Toning Shoe Settlement within the next few weeks, according to recent court documents.

The Court granted final approval to the Skechers class action settlement on May 13, 2013, which means checks will be mailed by July 13.

Checks Go Out in Natura Pet Products Class Action Settlement

By Kimberly Mirando

Settlement checks for the Natura Pet Products class action lawsuit settlement went out this week to thousands of Class Members who submitted valid Claim Forms.

The Natura Pet Products settlement resolves a 2011 class action lawsuit (Ko v. Natura Pet Products Inc.) that accused Natura of making false and misleading statements about the human-grade quality of its pet food. These products included Innova, EVO, California Natural, HealthWise, Mother Nature and Karma dog and cat food.