Given where I work, you realize I tend to lean on the side of reasonable litigation where consumer wrongs are concerned. Key word: reasonable. But I, like you, am susceptible to feelings of profound absurdity when I receive a settlement check in the mail for fifty-six cents. As I just did, from the Expedia settlement. I also received a plea to “Act now!” from Go Daddy Girl Danica Patrick that also borders on the absurd (did Danica major in Computer Science in college? did I miss that?)—but that’s perhaps for another post sometime.
So.
56¢.
2 quarters, a nickel and a penny.
And I love the added insult on the check (above) where the amount is spelled out: “Zero Dollars…” Oh sure—I realize it’s protocol. But it taunts me. It’s as if it’s Expedia’s snidely sly way of delivering a ”Take that, you claimant!”
Take it I will.
Mere pittance though it is, I do realize the settlement was only applicable to hotel reservations. Not flights. And I’ve booked way more flights via Expedia than hotel stays. Those of you who know me know that I kind of have an “in” on the hotel front, so why go through some middle man?
Still, 56¢ is not worth the gas to go to the ATM to deposit the check.
It is also not worth my time to do so.
And, it was not worth the postage and processing it probably took to send it to me.
So why am I going to go to the bank and schlep up to the ATM to deposit it?
Because, much like the classic MasterCard ads—the ones that end with a statement about something being “priceless”, this is in its own way, priceless. It’s not about the money. It’s about calling someone on the carpet for a wrongdoing—in this case, bilking travellers by bundling fees.
So off I go. Just do me a favor—if I ever get to the point where I’m defending a lawsuit brought about by attorney Alfred Rava—who’s apparently big on the concept of suing on “principle” (and who surprisingly hasn’t been in the news as of late)—please feel free to call me on the carpet.
Time for a little self-monitoring? CardioNet got hit with a securities class action lawsuit this week. What did they do? Well, the complaint charges that the company and some of its directors got a little carried away with their revenue projections for 2009, 2010 and 2011, particularly in light of the fact that the reimbursement rates for their MCOT services was under review by payors, and were likely to be reduced, not increased. FYI—CardioNet “provides ambulatory, continuous and real-time outpatient management solutions for the monitoring of clinical information on an individual’s health.” 
Bottom line, if you or anyone you know purchased CardioNet common stock between April 30, 2009 and June 30, 2009, inclusive, you may be eligible to join the suit as a plaintiff.
Will that be cash or credit? That’s what folks eligible for the Expedia settlement are asking themselves. It’s been all over the media, all week, and Abi blogged about it: Expedia has entered into a proposed $123.4 million settlement agreement in an effort to mitigate the damage caused by a class action alleging it shouldn’t have been bundling taxes and services fees onto the cost of vacations purchased through the site.
Basically, the suit alleged that Expedia, in charging its customers a “Tax Recovery Charge” and a “Service Fee,” during the period from January 10, 2001 through June 11, 2008 (i) committed deceptive or unfair practices in violation of the Washington Consumer Protection Act (“CPA”), and (ii) breached its contractual obligations from February 18, 2003 through December 11, 2006.
If approved, the settlement will provide for the distribution to Class Members of $123.4 million in cash payments and Expedia Settlement Credit that can be used for hotel reservations and “package” reservations that include hotel reservations.
That’s a wrap—see you at the Bar.
Darn right I’m in. Not because there’s potentially $123.4 million on the table. Not because I’m really, really ticked off about paying those bundled “tax recovery charge” and “service fees”. Not because I have any bone to pick with the travel industry or Expedia itself. What gives? The folks managing the Expedia class action settlement election form process have made it EASY to play.
Just the other day there was a little email in my inbox (truthfully, I get a lot of emails that start out: “Notice of Settlement” or some other legalese—so it didn’t exactly stand out at first). When I opened it, I dreaded the never-ending diarrhea of legal verbiage that so often accompanies these “notices”. Not gonna lie, this one’s got it, too.
But if you take the time to click thru to the election form pages, you’ll see that your options are simple: Read the rest of this entry »
Top Class ActionsAsk for Generic? Mmmaybe not. Sometimes it’s best to skip the generic version—and such may be the case with Budeprion XL, a generic formulation of the antidepressant Wellbutrin XL; the makers of Budeprion XL are the subject of a class action lawsuit filed this week in California. The problem seems to be that the generic form of the drug is not as effective and possibly not as safe as the patented version, so the suit alleges. The FDA has so far said the drug is safe, but they could order a special clinical trial to better assess the safety and efficacy of the generic version.
“Expedia-dot-CON?” Maybe that’s how the jingle should go after the recent judgement against the internet travel site. Unhappy customers who joined a class action lawsuit alleging breach of contract will see the travel giant fork over $184 million in settlement monies. What did they do? Expedia bundled the service-fee charges with taxes into a single line item, failing to disclose the separate amounts of each to consumers. Because Expedia only remits taxes based on the wholesale price—which it never disclosed to consumers—the taxes appear higher to consumers than they actually are, and Expedia is able to mask the considerable size of its service fees. Nice.


