Class Action Lawsuit and Settlement News

The latest news regarding class action lawsuits and settlements. We'll keep you up to date as lawsuits are filed and settlements paid out.

 

 

 

Weichert Realtors Administrative Fee Class Action Settlement Print Email
Monday, 11 July 2011 10:31
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Weichert Realtors Administrative Fee Class Action Settlement

By Mike Holter

 

Weichert RealtorsWeichert South Jersey, Inc. (d/b/a Wiechert Realty) has reached a class action lawsuit settlement for unlawfully charging administrative fees in connection with residential real estate sales in New Jersey. As a result, anyone who sold residential real estate in New Jersey between 2005 and 2011 and was charged an administrative fee by Weichert can receive a portion of the class action settlement.
 
The Weichert Realty class action settlement will resolve a class action lawsuit, entitled Blasini v. Weichert South Jersey, Inc., that alleges Weichert collected administrative fees at real estate closing from consumers in violation of New Jersey Law, because the provided no separate services for the fees. Weichert denies the claims but has agreed to settle the litigation for $525,000.
 
You're considered a Class Member of the Weichert Realty settlement if you sold residential real estate in New Jersey between February 25, 2005 and April 1, 2011 and you paid an administrative fee to Weichert relating to the sale of your property. You can determine if you're a Class Member by reviewing your closing documents, and specifically your HUD-1 Form (commonly referred to as a settlement sheet) at line 700-704.
 
Under the Weichert administrative fee settlement, Class Members who submit a valid claim form and documentation showing that they paid Weichert an administrative fee between February 25, 2005 and April 1, 2011 will be entitled to recover the amount of one-third of the administrative fee they paid.
 
If you wish to participate in the Weichert Realty administrative fee class action settlement, you must complete and submit your claim form and supporting documentation on or before September 2, 2011.
 
You can find claim forms and more information on your rights in under the Weichert Realty Administrative Fee Class Action Lawsuit Settlement at www.AdminFeeClassAction.com
 

 

Updated July 11th, 2011

 

All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions

LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 - 2010 Top Class Actions® LLC
Various Trademarks held by their respective owners.
Last Updated on Thursday, 27 December 2012 11:09
 
Google Street View "Wi-Spy" Class Action Lawsuit Can Proceed Print Email
Friday, 08 July 2011 10:09
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Google Street View "Wi-Spy" Class Action Lawsuit Can Proceed 

By Sarah Pierce

 

Google Street View car
A federal judge has ruled that Google can be sued for wiretapping in connection with last year’s Street View car debacle, in which Google admitted it had “accidentally” and secretly collected personal data from open Wi-Fi networks.

The ruling was handed down last week by U.S. District Court Judge James Ware, who is presiding over nearly a dozen combined class action lawsuits seeking damages from Google for spying on open Wi-Fi networks via its Street View mapping cars. The vehicles, which began cruising American roads in 2007 as part of the company’s mapping program, snapped photographs and collected GPS data, but also inadvertently (or so they claim) harvested usernames, passwords and emails from unprotected personal and business wireless networks. 

Judge Ware tossed accusations that Google’s Street View cars broke several states’ laws by collecting personal information off the open Wi-Fi networks, but allowed the claim that the company violated the Federal Wiretap Act. 

Google tried to dismiss the class action case by claiming it was not illegal to intercept data from unencrypted, or non-password-protected Wi-Fi networks because they are akin to “radio communications” like AM/FM radio.

According to the Wiretap Act, it’s not considered wiretapping “to intercept or access an electronic communication made through an electronic communication system that is configured so that such electronic communication is readily accessible to the general public.”

Judge Ware disagreed, however, saying that interception did not apply to open, unencrypted Wi-Fi networks and only applied to “traditional radio services.”

The judge ruled the Plaintiffs showed sufficient proof to state a claim for violation of the Wiretap Act by showing Google “intentionally created, approved of, and installed specially-designed software and technology into its Google Street View vehicles and used this technology to intercept plaintiffs’...electronic communications.” He also ruled that electronic data transmitted over Wi-Fi networks is not akin to radio communications because the data packets were “configured such that the packets were not readable by the general public without the use of sophisticated packet-sniffer technology.”

No hearing date has been set.
 

 

Updated July 8th, 2011

 

All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions

LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 - 2010 Top Class Actions® LLC
Various Trademarks held by their respective owners.
Last Updated on Thursday, 27 December 2012 11:09
 
Sharper Image Gift Card Class Action Settlement Print Email
Friday, 08 July 2011 10:04
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Sharper Image Gift Card Class Action Settlement

By Kimberly Mirando

 

Sharper ImageIt’s been over three years since Sharper Image went bankrupt, but there’s good news for consumers who held on to their Sharper Image Gift Cards. A class action lawsuit settlement will allow Gift Card holders to receive a cash refund of the remaining balance on their Sharper Image Gift Card. Even those consumers who threw out their Gift Cards can still file a claim to receive up to $100 from the Sharper Image Gift Card class action settlement.

 

The Sharper Image Gift Card settlement will resolve a class action lawsuit filed in Bankruptcy Court after Sharper Image filed Chapter 11 bankruptcy in 2008. On June 8, 2011, the Bankruptcy Court approved a process that will allow Sharper Image Gift Card holders with outstanding balances to receive a distribution from the TSIC (f/k/a Sharper Image Corporation) bankruptcy estate. 

 

The Sharper Image Gift Card class action settlement will allow anyone who has or had a Sharper Image Gift Card with an outstanding balance to submit a claim to receive payment for the outstanding balance of the card, as long as the balance does not exceed $2,245. If you can, you should submit a copy of the front and back of your Gift Card with the claim form. However, if you do not have a copy of your Gift Card, you are still eligible to file a claim form. Claim forms submitted without a copy of the Gift Card, however, will be set aside until distributions are made to holders of Gift Card claims who presented copies of their Gift Card. If any money remains, those who submitted claims without copies of their Gift Cards will receive a pro rated share of the remaining settlement funds, but will be limited to receiving no more than $100. Distributions that total less than $10 will not be made.

 

The deadline to submit your claim under the Sharper Image Gift Card Class Action Lawsuit Settlement is September 1, 2011. Claim forms can be downloaded and submitted online to www.SharperImageGiftCards.com.

 

For detailed information on how to submit a valid claim form for this settlement, see our Open Lawsuit Settlements section.

 

 

Updated July 8th, 2011

 

All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions

LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 - 2010 Top Class Actions® LLC
Various Trademarks held by their respective owners.
Last Updated on Thursday, 27 December 2012 11:09
 
ELGA Credit Union ATM Class Action Settlement Print Email
Thursday, 07 July 2011 19:35
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ELGA Credit Union ATM Class Action Settlement

By Matt O'Donnell

 

ELGA Credit UnionELGA Credit Union has reached a class action lawsuit settlement over charging ATM fees without properly posting a fee notice. The ATM fee settlement includes anyone who was charged a fee for using an ELGA Credit Union ATM at six locations in Michigan.

 

The ELGA Credit Union ATM settlement resolves a class action lawsuit, titled Kinder v. ELGA Credit Union, that alleges ELGA violated the Electronic Funds Transfer Act by not externally posting a fee notice on its ATMs. As a result, anyone who used the ATMs to access a personal (not business) account between April 16, 2009 and September 3, 2009 is considered a Class Member and eligible to receive cash benefits of up to $250 from the class action lawsuit settlement.

 

(See a list of the eligible ATMs here.)

 

ELGA Credit Union has stated that during the class period, there were approximately 2,943 transactions involving an estimated 2,269 cardholders who were charged ATM fees at the subject ATMs. ELGA has agreed to establish a Settlement Fund of $60,000 to settle the case. Class Members may make a claim under the ELGA ATM fee settlement to receive a pro rata share of the settlement, up to a maximum of $250.  

 

To receive your pro rata share of the ELGA ATM fee class action settlement, you must submit a completed claim form postmarked by August 8, 2011 to the Settlement Administrator. This is the same deadline to exclude yourself from the settlement.

 

You can find claim forms and more information on your rights in the ELGA Credit Union ATM Fee Class Action Lawsuit settlement at ATMClassSettlement.com.

 

 

Updated July 7th, 2011

 

All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions

LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 - 2010 Top Class Actions® LLC
Various Trademarks held by their respective owners.
Last Updated on Thursday, 27 December 2012 11:09
 
Judge Certifies Angel Stadium Class Action Lawsuit Print Email
Thursday, 07 July 2011 19:19
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Judge Certifies Angel Stadium Class Action Lawsuit

By Sarah Pierce

 

Angel StadiumWheelchair users will hopefully have an easier time attending baseball games at Angel Stadium thanks to a recent Federal Court ruling granting class certification to a lawsuit seeking better wheelchair access to the ballpark's Club Level.

 

Wheelchair-bound Angels fan J. Paul Charlebois filed the class action lawsuit against Angels Baseball, LP and the City of Anaheim after he was denied access to his seat in the stadium's premiere Club Level because there were no more available wheelchair accessible seats. The Angel Club Level, which is the only section that includes amenities such as in-seat food and beverage service, consists of thousands of seats and luxury boxes, yet only has two wheelchair accessible seats on the entire level.

 

United States District Judge David O. Carter certified the Angels Baseball class action lawsuit, which is alleging Angel Stadium fails to provide basic accommodations to disabled persons in its premier Club Level. The lawsuit is seeking injunctive relief only and no personal damages for Mr. Charlebois.  

 

Judge Carter found that Charlebois met the requirement of showing there were a sufficient number of wheelchair users attending games at Angel Stadium to justify certifying the class of wheelchair users, saying, "Baseball is often referenced as America's favorite past-time, and given that Plaintiff's class includes future attendees, it is reasonable to presume that many wheelchair-using baseball fans will emerge as future class members."

 

The case is Charlebois v. Angels Baseball and City of Anaheim, et al., Case No. SACV 10-0853 DOC (ANx), United States District Court, Central District of California.

 

 

Updated July 7th, 2011

 

All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions

LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 - 2010 Top Class Actions® LLC
Various Trademarks held by their respective owners.
Last Updated on Thursday, 27 December 2012 11:09
 
Twilio & GroupMe Text Message Spam Class Action Print Email
Wednesday, 06 July 2011 14:55
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Twilio & GroupMe Text Message Spam Class Action

By Kimberly Mirando

 

GroupMe
Group text messaging services are rising in popularity, but not for users who say they are being charged for dozens of text messages they never agreed to receive. As a result, at least two class action lawsuits have been filed on behalf of irate consumers who say they’ve become victims of unsolicited text spam.

The first group text message service class action lawsuit was filed May 27 against Google, which owns Slide and Disco.com. The same law firm filed a second class action lawsuit against GroupMe and Twilio the same day, alleging, among other things, that GroupMe and Twilio send unsolicited text messages to cellular telephones in violation of the Telephone Consumer Protection Act (TCPA). 

We already reported on the Google Slide & Disco.com class action lawsuit (see “Google Slide Hit with Text Message Spam Class Action Lawsuit”), but recently learned about the GroupMe and Twilio class action lawsuit.

The Twilio and GroupMe text message class action lawsuit is brought on behalf of two classes of individuals: (1) anyone who received one or more text messages from GroupMe who were automatically unsubscribed from GroupMe because they never opted-in; and (2) anyone who received the GroupMe Mobile App Text, or a substantially similar text from GroupMe, that advertised GroupMe’s mobile application. It is seeking class certification, an award of actual and statutory damages, and an injunction requiring GroupMe and Twilio to cease all wireless spam activities.

A copy of the Twilio & GroupMe Text Message Spam Class Action Lawsuit can be read here.

The case is Brian Glauser v. Twilio, Inc. and GroupMe, Inc., Case No. 11-cv-2584, United States District Court, Northern District of California.
 

 

Updated July 6th, 2011

 

All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions

LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 - 2010 Top Class Actions® LLC
Various Trademarks held by their respective owners.
Last Updated on Thursday, 27 December 2012 11:09
 
Class Action Lawsuits Lead to FDIC Investigation Print Email
Wednesday, 06 July 2011 14:36
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Class Action Lawsuits Lead to FDIC Investigation

By Mike Holter

 

Discover
Discover announced July 1 that in addition to facing a slew of class action lawsuits, it will also face scrutiny from the FDIC over its marketing of fee-based products, including its controversial payment protection plan. 

The class action lawsuits and consequential FDIC investigation stem from Discover’s marketing practices relating to its payment protection service, which Discover markets as a way to avoid credit card payments for up to two years or one month, depending on the cardholder’s circumstances. For example, Discover cardholders can defer credit card payments for 24 months for "disaster" events such as unemployment, disability, death of a close relative, etc., or defer for one billing period for “celebration” events such as childbirth, marriage and graduation. The card balance does not accrue interest or late fees during that period.

Sounds like a great plan, right? Not according to Discover cardholders, who say they were duped into signing up for the Discover payment protection plan, which comes with a monthly fee of 89 cents per $100 of the deferred balance. Taken over a year that amounts to 10.7% of the balance, which is effectively a 10.7% interest rate on the unpaid balance.

A total of eight class action lawsuits were filed against Discover by angry cardholders, who allege Discover used deceptive marketing techniques to enroll cardholders in payment protection programs. The Discover class action lawsuits claim telephone agents used confusing and misleading sales tactics to sign up for the supposedly optional plan. Many cardholders, the class actions say, were unknowingly enrolled in the program while discussing another matter with a Discover agent, while others were enrolled without their consent at all.

The eight Discover payment protection plan class action lawsuits were consolidated into one case with the U.S. District Court in Illinois. All eight class action suits ask for unspecified damages and restitution, attorneys’ fees and costs, and various forms of injunctive relief, including an order rescinding the payment protection fee. Last month Discover reached a class action settlement with all parties that is pending judicial approval.
 

 

Updated July 6th, 2011

 

All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions

LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 - 2010 Top Class Actions® LLC
Various Trademarks held by their respective owners.
Last Updated on Thursday, 27 December 2012 11:09
 
SaveBig.com Scam Class Action Lawsuit Print Email
Tuesday, 05 July 2011 16:14
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SaveBig.com Scam Class Action Lawsuit

By Matt O'Donnell

 

SaveBig.com
Internet auction site SaveBig.com has been hit with a class action lawsuit that alleges the site claims to be free, but charges $99 “without any authorization whatsoever” after it suckers consumers into registering for what they believe is a free trial offer.

Irate consumers in the SaveBig.com class action lawsuit claim the auction site uses deceptive “free bids,” promotional pop-up and teaser ads, and at least two phony news reports that are made to appear to be legitimate news editorial stories from official news channels to lure unsuspecting consumers in.

If this sounds familiar, it’s because we reported on a similar internet auction site class action lawsuit filed against BidRack.com, which allegedly uses the same deceitful practices to lure consumers in and fraudulently bill them. (See “BidRack.con Scam Class Action Lawsuit.”)

According to the SaveBig.com class action lawsuit, people who click on SaveBig’s ads are immediately charged $99, even though there is not a single registration step that indicates there is any type of registration fee or other initial fee. The phony news reports are also used to lure consumers to SaveBig.com, using headlines like “SaveBig Saves Consumers 95% Off Retail” and deceptively including the statement “As Seen On,” followed by numerous logos for legitimate news sources like ABC, Fox News, CBS, CNN, MSNBC and USA Today. 

“However, no link is provided to any stories on SaveBig.com that are conducted by any of those news sources, and there do not appear to be any such stories on or in those news outlets," the class action lawsuit states.

Customers who click on the promotional offer for SaveBig.com at the end of the purported “news” stories are directed through the same registration process as the customers who registered after clicking on the free bid ads "and also are automatically charged $99 for a bid package in excess of the promotional 'free bids,' without any clear authorization to do so," the class action says.

The SaveBig class action goes on to say that customers who ask for a refund of the $99 never receive one, and are fed lines like “the website is down,” that the refund request is “under review,” or they are directed to a third-party calling center with limited authorization to do anything.

The SaveBig class action lawsuit is seeking restitution and compensatory and punitive damages for fraud, unfair competition, and negligent misrepresentation. It is also seeking an injunction barring SaveBig.com from engaging in future fraudulent activity. 
 

 

Updated July 5th, 2011

 

All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions

LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 - 2010 Top Class Actions® LLC
Various Trademarks held by their respective owners.
Last Updated on Thursday, 27 December 2012 11:09
 
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