Nike+ FuelBand False Advertising Class Action Lawsuit

By Kimberly Mirando

A new class action lawsuit filed Friday accuses Nike Inc. and Apple Inc. of charging $150 for a bogus fitness device called the Nike+ FuelBand that is supposed to track every step and calorie the person wearing it burns, but doesn't work as advertised.

California plaintiff Carolyn Levin alleges in the class action lawsuit that Apple and Nike knew that the Nike+ FuelBand registers inaccurate readings but marketed it and sold it anyway with exaggerated claims about its capabilities.

California Tea Party Group Files Class Action Lawsuit Against IRS

By Matt O'Donnell

A Tea Party group out of California has filed a class action lawsuit against the Internal Revenue Service, claiming the tax agency unfairly and illegally singled out members for “intensive and intrusive scrutiny” because they belonged to a group critical of how the country is being run.

The NorCal Tea Party Patriots claim in the class action lawsuit that they suffered years of delay and expense while waiting for their tax exemption applications to go through, costing them valuable time and money and forcing them to make unconstitutional disclosers regarding their beliefs and activities.

Chula Vista Cell Phone Tax Class Action Settlement

By Mike Holter

The City of Chula Vista, California, has reached an $8 million class action lawsuit settlement over allegations it unlawfully collected a local tax on residents’ cell phone bills. Residents who paid for cell phone service at any time between April 2010 and April 2013 can receive a cash payment of between $35 and $150, or a full refund of the taxes they paid from the class action settlement.

The Chula Vista cell phone tax settlement will resolve a class action lawsuit (Villa, et al. v. City of Chula Vista) that alleges the City unlawfully taxed residents’ wireless telephone service.

Papa John's Agrees to $16.5M Text Spam Class Action Settlement

By Kimberly Mirando

Papa John’s agreed on Friday to a $16.5 million class action lawsuit settlement over allegations it sent unwanted text messages to customers in violation of the Telephone Consumer Protection Act. If approved, the settlement will provide cash payments of $50 to eligible Class Members and a voucher for a free Papa John’s pizza.

Drywall Price-Fixing Class Action Lawsuits Move Forward

By John Curran

General contractors and consumers who renovated their homes may have paid too much for sheet rock, according to claims raised in a new drywall price-fixing class action lawsuit investigation. Several class action lawsuits have already reached the courtroom, with some cases citing antitrust collusion on behalf of private citizens and others focusing on vendors such as Home Depot, Lowes and other home improvement stores.

The allegations of activities are generally the same, however. Gypsum, the key component used in drywall, is a commonly occurring material that is relatively cheap to use. Therefore, with the loss of revenue due to the housing bubble bursting, several manufacturers are alleged to have fixed the prices of drywall.

Issues that Make Early Termination Fees Unlawful

By John Curran

Recurring monthly bills from a company that provides a service such as payment processing or home and business security are supposed to benefit both sides. For the service provider, they can create a stream of revenue for years to come, while users should be able to lock in a rate and get the protection or business help they deserve. Some people are wondering if the users are missing out because of onerous early termination fees.

Recent class action lawsuits over early termination fees (ETFs) argue that these contracts should be covered by the Truth in Lending Act because they cover more than four installment payments. If that is the case, consumer attorneys say these contracts do not accurately mention what costs are involved over the term of a contract that can last years. In the case of one alarm company provider, they say that the front page of the contract lists a monthly fee penciled in, but there is little other information.

Redbox Wants Text Message Class Action Lawsuit Dismissed

By Jessica Tyner

The Telephone Consumer Protection Act (TCPA) was put into effect in 1991. The law protects consumers against getting sales calls they never signed up for, but as technology has changed, so has TCPA rules. It’s now illegal for a business to send a text message unless the consumer has signed up for services or requested to be contacted. That’s why you’re not getting endless text messages from companies wanting you to buy everything from massage services to guitars.

OfficeMax Agrees to ZIP Code Class Action Settlement

By Mike Holter

OfficeMax has reached a class action lawsuit settlement with California consumers who were asked to provide their ZIP codes during credit card transactions – a practice that’s illegal under state law. Eligible customers will receive up to $15 in merchandise vouchers if the class action settlement is approved.