Posts Tagged ‘ ATT ’
Week Adjourned: 3.12.10
March 12th, 2010. By LucyC
Top Class Actions
Net Taxes Paid? Well, seems like they shouldn’t a been. AT&T is facing a class action lawsuit—and no you’re not experiencing déjà vu—this lawsuit is over allegations that the Internet access fees the company charges its smart phone customers is in violation of the law.
Apparently, the boffins that make law up on the hill had a flash of wisdom years ago, and made it illegal for taxes to be collected on internet access service. Of course, there were no such things as smart phones when the Internet Tax Freedom Act came into being in 1998. Nevertheless, it has been updated several times and suffice to say is good until 2014.
Apparently, the suit states that AT&T’s Internet access tax is listed as a separate line item on monthly bills. Naughty, naughty. Actually, really naughty—one media report states that “AT&T says in a court filing that 40 class-action suits have been filed in 37 separate districts.”
If you had to pay tax for internet access on top of all the other charges tacked on to your phone package, would you bother with the service?
Top Settlements
Dying to lose weight? Be careful what you wish for. Very sadly, a young woman who signed up to shed the extra pounds through LA Weight Loss Centers Inc, subsequently died from liver failure as a result of taking some diet supplements that had not been tested or regulated by the FDA, but were apparently recommended by the ‘professionals’ at LA WLC.
Pamela Hoppe’s sister brought a lawsuit against LA WLC on behalf of Pamela’s estate. The suit was settled out of court for $700,000, half of which will be split between Pamela’s two surviving children.
Freight Co. Older and Wiser Now, Too? This case reminds me of that wonderful film “Up in The Air”…the story line part…not George Clooney, sadly. Mr. Donald Wayne Smith was laid off by his employer, Central Freight Lines Inc, after 45 years of service. He was a dockworker, and 62 years old at the time he was laid off. That should have made finding another job a piece of cake…Not.
And so, Mr. Smith sued his ex-employer alleging age discrimination. In his suit, Mr. Smith alleged that during his last months of employment he received a disproportionate number of disciplinary write-ups and that the company changed its layoff guidelines. Ummm.
And he claimed that new guidelines were introduced that exempted part-time and supervisory employees, to ensure he was laid off while younger workers with worse work records remained employed.
But wait—Central Freight was just cutting costs—it was a legitimate business decision they argued. Wouldn’t it cost the company less in the long run to keep their experienced employees on who don’t make mistakes—or likely make fewer mistakes?
Well, anyway, unlike Up in the Air, this story has a happy ending. Mr. Smith won his suit and was awarded $257,500.
That’s it for this week—see you at the Bar!
Week Adjourned: 1.29.10
January 29th, 2010. By LucyC
Top Class Actions
Citizen of your Wallet? It seems that no amount of bad PR or more importantly, federal regulations, are effective deterrents against bad business practices by banks. This week, a potential class action lawsuit was filed against Citizens Bank alleging that customers have been unfairly charged overdraft fees. Sound familiar? It should. This is just one in a spate of similar lawsuits involving overdraft fees—including a class action against Bank Atlantic, in November 2009.
In this particular lawsuit, Citizens Bank could be on the hook for hundreds of millions of dollars it allegedly unlawfully charged its customers by manipulating debit transaction postings to generate overdraft fees. In other words, CB seemingly put its customers into debt deliberately so it could charge overdraft fees. You do that to enough customers and presto—you’re rich—possibly even rich enough to afford those six figure senior management bonuses.
And the kicker? The fees were imposed under the guise of an ‘overdraft protection plan’ that the lawsuit alleges customers were not allowed to opt out of. I guess the epitaph to this could be—they don’t have your back—they have your wallet.
Top Settlements
If you Leave me Now, You’ll Pay an Early Termination Fee… (ok, so I’m not a lyricist) Keeping on the theme of
Week Adjourned: 12.18.09
December 18th, 2009. By LucyC
Top Class Actions
Coulda Used Employee Directory Assistance? Seems the masters of directory assistance could’ve used some help with their own employee directory—or at least with how they classified certain employees. So, they finally called “overtime” on unpaid overtime at AT&T and its subsidiaries BellSouth Telecommunications Co, and Pacific Bell Telephone Co. The telecom giant got hit with a couple of class action lawsuits this week, alleging that they withheld as much as $1 billion in overtime wages from 5,000 plus first level managers who worked for PacBell in the states where BellSouth does business.
Although most of us can likely guess what the charges are, just for the record AT&T allegedly violated the Federal Fair Labor Standards Act (FLSA), as well as California State Laws by deliberately misclassifying thousands (yes, thousands) of level one managers as being exempt from overtime wages. Yeah, that would probably save shareholders a bundle. Other allegations include not paying for meal and rest breaks—how predictable.
So, who’s eligible? There are two classes:
1) The “Off-the-clock” class consists of “All First Level (or Level One Managers) employed by BellSouth from December 2006 and thereafter who were assigned technicians as direct reports
Waaahhh!…My iPhone MMS was delayed
September 29th, 2009. By AbiK
I’m with Dan Nosowitz over at Gizmodo: the class action lawsuit over Apple’s and ATT’s late delivery of MMS is…”awfully silly”.
It’s like listening to a toddler whine on and on about whether he can have his snack because, after all, mommy said he could have it in five minutes—and wouldn’t you know, mommy had to take a phone call. Whoops. So the snack took 8 minutes for delivery…Waaaaahhhhhhh!!
I’m betting that Kyle Irving of Minnesota (who according to Nosowitz’ report received his iPhone in June and was told he’d have MMS, but it took 2 months to arrive) who joined the class action also sits by the clock to monitor whether the Domino’s guy takes over 30 minutes. (Yeah, I know, I know, it’s the principle of it.)
Look, should Apple and ATT have kept their promotional diarrhea in check a bit more till they were absolutely certain of the MMS delivery date? Sure. But c’mon Kyle et al, seriously, all’s well that ends well and no injury or harm or adverse events have been reported as far as I can tell as a result of delayed MMS. So save the litigation for something that really needs to get thru the courts system and save the frivolity for happy hour this Friday.
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