Posts Tagged ‘ Week Adjourned ’
Week Adjourned: 8.13.10
August 13th, 2010. By LucyC
Top Class Actions
No Answer for No Answer Charges? A couple of major players in the telecommunications game got hit with class actions this week. First up—AT&T. The suit alleges violations of federal truth-in-billing laws, false advertising and deceptive trade practices under New York law, and breach of contract, among other things.
Lead plaintiff, Los Angeles resident Kenneth Thelian, claims he was charged $12.90 partly for calls that he did not answer. He allegedly complained to AT&T who reversed $8 of the charges, but the company representative “did not adequately explain why these charges were incurred.”
Thelian faced a further $15.81 in roaming charges while traveling in Montreal, Canada in August 2005, again for calls he did not answer. Then, in February and March of 2007, Thelian was billed $92.72. “The bill did not indicate which of these charges were for calls that he did not answer while traveling abroad,” the suit alleges.
So, maybe time to be checking those phone bills…
And, second up—T-Mobile. This class action alleges that the company puts limits on its unlimited data plan. Ummm. who would have thought…
The suit claims that advertisements for T-Mobile’s “Unlimited Web & E-mail” plans, offered for both Blackberry and other brands of smartphones, promise the consumer access to Read the rest of this entry »
Week Adjourned: 4.30.10
April 30th, 2010. By LucyC
Top Class Actions
Is GM cutting corners? Maybe. Certainly Jimmy Hendon believes they are, so he filed a class action lawsuit against the automotive manufacturer, over alleged unfair business practices associated with its extended warranty plans.
Mr. Hendon is claiming that GM improperly calculated his prorated cancellation refund associated with his GM Major Guard Vehicle Service Contract. Hendon purchased the extended warranty in 2006 as additional 12 month/44,000 mile coverage to the GM standard 36 month/36,000 mile factory warranty which came with the new 2006 Chevy Avalanche he had just bought. Hendon canceled the extended warranty in 2009, with 18,483 miles remaining on the contract.
Specifically, the complaint alleges that GM calculated Hendon’s refund by taking the remaining miles divided by the 80,000 total miles under warranty, resulting in a $295 refund. Hendon claims GM should have calculated his refund by dividing his remaining miles by the 44,000 mile extension, resulting in a $580 refund.
The suit claims that GM should be prorating the canceled refund by dividing the remaining miles or days by the number of miles or days that the service contract extended the factory warranty.
While you may think that $200 or $300 may not sound like much for GM—why would they bother?—if you multiply that sum over the potentially thousands of folk in similar situations to Jimmy—well heck, you might just have enough for a bailout payment…
The Gulf of Mexico Tragedy in the Making… Hopefully BP won’t get away with this environmental Read the rest of this entry »
Week Adjourned: 11.20.09
November 20th, 2009. By LucyC
Hey—is it Revenge of the Geek week?
Top Class Actions
Microsoft Boxing Out Gamers? Microsoft got hit with a possible class action this week, over allegations that it unfairly banned Xbox Live Service from subscribers with modified Xbox consoles.
The issues relate to modifications made to Xbox consoles by tens of thousands of Xbox owners, which are against the terms of use for Xbox/Xbox Live, and Microsoft’s decision to ban those consoles. The lawsuit—which is now seeking lead plaintiffs—alleges that the timing of the ban was designed to avoid revenue losses that would have resulted had Microsoft implemented the ban prior to the release of the blockbuster Call of Duty: Modern Warfare 2 game, or less than two months after the release of Halo 3: ODST.
The class action includes anyone who has had their Xbox console modified and banned from Xbox Live, and did not receive a refund for the prorated time left on the Xbox Live subscription.
YoCash is OurCash Now? Facebook and Zynga are also facing a class action, alleging that they Read the rest of this entry »
Week Adjourned: 11.13.09
November 13th, 2009. By LucyC
Top Class Actions
Sued for SUA? Toyota…Unintended Acceleration Fast-Tracked to Class Action. A national class action was filed this week against Toyota Motor Corporation on behalf of Toyota and Lexus owners, alleging that the cars are prone to ‘sudden unintended acceleration’ (SUA).
So what the heck is SUA? Well, in short, a situation where your car takes off or accelerates or gets stuck in ‘go’ mode—without intention—your intention.
As yet there’s no definitive explanation for SUA. Toyota has reportedly cited that it could be due to ill fitting floor mats getting stuck around the gas pedal…but the lawyers aren’t buying. Legal Read the rest of this entry »
Week Adjourned: 10.30.09
October 30th, 2009. By LucyC
The Age of the Overtime Class Action…
Top Class Actions
Wells, It’s Official… Wells Fargo is now facing a wages and overtime class action filed by technical support staff who allege that they were not paid for time worked in excess of 40 hours per week.
The suit covers all network engineers, operating systems engineers, information security analysts, technical service specialists, systems support analysts, web engineers, web support engineers, web systems engineers, operating systems analysts (level 2), systems QA analysts (levels 2 or 3), computer operations analysts (levels 3 or 4), database administrators (levels 2 or 3), and applications systems engineers (level 3) who worked for Wells Fargo as exempt employees at any time during the past three years anywhere in the United States. It is estimated that about 3,000 employees are eligible to participate in the unpaid overtime class action.
Eligible employees have 75 days to join the lawsuit.
BOA Constricting Overtime Pay? And then there’s Bank of America: A lawsuit was filed this week on behalf of telephone-dedicated employees for unpaid wages and overtime worked at company call centers across the country. The lawsuit was filed as a collective action, which Read the rest of this entry »
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