Home Blog Page 56

Mungenast Class Settlement Lawsuit

0

The Mungenast Class Settlement Lawsuit was preliminarily approved in the Circuit Court of St. Louis County in the State of Missouri on March 11, 2011 and revolves around the Dave Mungenast auto dealerships in and around the St. Louis area.  The dealerships in question are as follows; Dave Mungenast St. Louis Honda, Dave Mungenast St. Louis Acura, Dave Mungenast Lexus of St. Louis, Dave Mungenast Motorsports, Dave Mungenast Yacht Club Marina, or Dave Mungenast North County Hyundai.  The lawsuit alleges that Mungenast dealerships charged a unjust processing fee or other similar fees that violated Missouri law.

If you purchased or leased a vehicle from Dave Mungenast St. Louis Honda between September 14, 2002 and July 1, 2009 or purchased or leased a vehicle from any of the other named dealerships between  July 1, 2005 and July 1, 2009 you might be a eligible class member of the Mungenast Class Settlement Lawsuit.  A gift card is the proposed settlement.  The gift card amount is based on the processing fee paid.  Which will be either 75% or 50% of the processing fee you paid.  The settlement gift card  “for service, including repair parts and labor, or towards the purchase or lease of a new or used car” according to the lawsuit admin portal.   More information can be found at www.mungenastclasssettlement.com

Important dates:
All claims must be filed by May 23, 2011

Claim Form:
www.mungenastclasssettlement.com/file-claim

Class Counsels can be contacted at:

John E. Campbell, Esq.
Erich Vieth, Esq.
The Simon Law Firm, P.C.
800 Market Street, Suite 1700
St. Louis, MO  63101
 
David G. Wasinger, Esq.
Murphy Wasinger, LC
Magna Place, Suite 550
1401 South Brentwood Boulevard
St. Louis, MO  63144

Benjamin Moore Natura Paint Class Action Lawsuit

0

Benjamin Moore Natura paint is turning out to be not so “natura” according to this class action lawsuit under the jurisdiction of the United States District Court Of New Jersey.  Benjamin Moore Natura paint claims that  it is “a great choice for those concerned about indoor air quality” because it is odorless and is quick trying (dries to the touch in 30 minutes).  This BM paint product is sold with a hefty price tag because of the advertising claims.  Unfortunately according to the Benjamin Moore Natura Paint class action lawsuit this paint did anything but dry fast and was not odorless at all.  The federal suit claims that the paint smelled very bad and “fails to dry in 30 minutes as promised and remains wet and sticky for months”.   The class claims that they would of never purchased this premium painting product if they would of known that Benjamin Moore Natura Paint did not deliver on it’s advertiosing promise. 

 Defendant Benjamin Moore & Co. is a New Jersey corporation with its principal place of business in Montvale, New Jersey.  The corporate office can be reached by mail at 101 Paragon Dr., Montvale, NJ 07645.  The Defendant distributes and sells  interior and exterior house paints, primers and wood stains, and other painting related products in New Jersey, California and throughout the United States.  The product packaging of the Natura paint states Virtually No Odor”,  “Breathe Easy”, “Dries to the touch: 30 minutes. Recoat after 1-2 hours” when this was obviously not the case according to the lawsuit.  Benjamin Moore may be in a bit of trouble here.  A complete copy of the Benjamin Moore Natura Paint Class Action Lawsuit can be read here.

Phillips Colon Health Probiotic Supplement Class Action Lawsuit

0

The Law Office of Ronald A. Marron and David L Romero will be handling the Phillips Colon Health Probiotic Supplement Lawsuit and the United States District Court Southern District of California will have jurisdiction.  The lawsuit revolves around claims that Bayer Health Care is selling the Phillips Colon health probiotic ssupplement at a premium price when the product does not live up to its advertisement.  Bayer states the this product is better than other similar products because it uses supplements that contain a combination of strains of “pro-biotic” bacteria that are unique to its products.  They also claim that the product ion question supports digestive benefits and boost a customers immune system.  The problem for Bayer is that more than one studyexamining the health benefits of probiotics at the concentrations in the products flatly contradict Bayer’s claims.  The studies conducted state that it is not proven that Bayer’s strains of probiotic bacteria deliver the unique health benefits claimed in its advertising campaign.  The claimants are seeking relief for violations of the Consumer Legal Remedies Act and Unfair Competition Law.  A complete copy of the Phillips Colon Health Probiotic Supplement Class Action Lawsuit can be read here.

National Western Life Insurance Lawsuit Settlement

0

A settlement amount of $17 million has been agreed upon in the National Western Life Insurance Annuity Class Action Lawsuit Settlement.  The lawsuit is entitled Clark v. National Western Life Insurance Co and revolves around claims that the defendants (National Western Life Insurance)targeted selling annuities to seniors without disclosing that heavy penalties would be enforced if annuity money was withdrawn during a 15-year surrender penalty period.  Approximately 3200 seniors age 65 or older are included in this class action lawsuit.  “The company created the plan to avoid California consumer protection statutes and other state laws that protect, not only the elderly, but all citizens against inappropriate annuity products and sales practices,” Insurance Commissioner Dave Jones said in a statement.

Aaron’s Computer Class Action Lawsuit

0

A class action lawsuit has been filed against Aaron’s Computer claiming that the defendant spied on their own customers rent-to-own computers!  The lawsuit claims that secret software was used to track customers photos, takes screen shots, tracks keystrokes, and spied on private communications.   The Aaron’s Computer Lawsuit includes all Aaron’s customers who reside in the U.S. and who have purchased, leased, rented or rented to own Aaron’s computers and whose electronic communications and/or images were intercepted, accessed, monitored and/or transmitted by Aaron’s via PC Rental Agent or other devices or software without the customer’s authorization. 

The case is entitled Byrd et al. v. Aaron’s, Inc. et al and will most likely include over 50,000 customers.  The United States District Court Western District of Pennsylvania will oversee the lawsuit.  “The Aaron’s defendants’ sales, rental or lease agreements neither seeks permission from nor discloses to RTO [rent-to-own] customers the presence of PC Rental Agent or its ability to monitor and intercept communications and other data from Aaron’s RTO computers.”  Aaron’s can be found on the New York Stock Exchange under ticker symbol AAN.   The corporate office and be reached at 309 E. Paces Ferry Rd. NE Atlanta, GA 30305.  A complete copy of the Aaron’s Computer Class Action Lawsuit can be found here.

BP Gas Station Franchisee Class Action Lawsuit

0

A class action lawsuit was filed against BP by a group of unhappy and disgruntle ARCO, BP and AmPm franchise owners.  The lawsuit is entitled Green Desert Oil Group, Inc., et al. v. BP West Coast Products, LLC, et al  and revolves around claims that BP ordered all  franchisees to install a defective point-of-sale system that decreased profits and lowered overall income of the owners.  The BP Gas Station Franchisee Class Action Lawsuit also claims that BP artificially increased gas prices in order to deliver more gas when gas prices are high.  BP is in a heap of trouble but denies all wrong doing.  The case will be under the jurisdiction of the United States Northern District Court of California.  The harm done according to the official lawsuit is as follow:

“(1) Manipulating gas supplies and prices, so as to maximize the wholesale price of gasoline. “For example, when oil future prices are trending down (signifying lower prices in the days ahead), BP Defendants deliver more gas at the higher current price; and when oil future prices are trending up (signifying higher prices ahead), BP Defendants deliver less gas in order to wait to deliver gas when prices rise later,” the class action lawsuit states. Furthermore, it adds, BP manipulates gas pricing “by delivering gas before or after price increases or decreases that serve to increase the sales price charged to franchisees.”

 (2) Forcing franchise owners install a new centralized POS system, developed and installed by co-defendant Retalix LTD, which is defective, resulting in substantial damages to franchise owners through lost operation time, lost revenue, lost or inaccurate inventory, lost receivables and cash, and increased operating costs and burdens;

 (3) BP’s direct control of and/or pricing by third-party vendors, which results in unreasonable increased costs to franchisees;

 (4) BP’s policy of forcing sale of items and collection of fees for which Plaintiffs receive no compensation;

 (5) BP’s unreasonable and untimely approvals and or denials to buy or sell franchise locations and unreasonable restrictions placed on lenders, which lowers market value of the franchises; and

 (6) BP’s failure to properly spend all collected amounts for advertising and promotion.”

 A complete copy of the BP Franchisee Class Action Lawsuit can be found here.

Oscar Meyer Fat-Free Deli Meat Class Action Lawsuit

0

The Oscar Meyer Fat-Free Deli Meat lawsuit was filed in the United States District Court Middle District Of Florida Tampa Division and is entitled Kuenzig v. Kraft Foods, Inc.,.  This federal class action lawsuit against Kraft Foods and Hormel Foods claims that the statement that the Oscar Meyer deli meats were 95% to 98% fat-free is false.  According to the lawsuit the defendants used a clever psychological technique to trick customers to trick customers into believing the meats were over 95% fat free. 

The product is actually thought to contain 10 times the amount of fat as advertised!  The deception method has to do with color fonts and sizes.  An example provided in the notice was Oscar Mayer Honey Ham proclaims it is “98% Fat Free · 50 calories per serving,” without further explanation. By juxtaposing the Percentage-Fat-Free claim directly beside, and often linked by a dot and in the same font as the calorie statement, Kraft is strongly suggesting to shoppers that ninety eight percent of those fifty calories are fat free and that only one or two calories, at most,come from fat.  That is a pretty low trick to play on loyal customers of Oscar Meyer Fat-Free Deli Meats.  If you purchased the deli meats in question between April 2006 and the present you may be a class member of the Fat-Free Deli Meat Class Action Lawsuit.  Claimants would not have bought the deli meat if the full amount of fat was displayed on the product in a non deceptive method. 

The class members go on to say “Without exception, people who have earned medical degrees, PhDs, JDs, master’s degrees, and people with decades of real-world experience, including financiers, developers and executives, all have been deceived by [the defendants’] labels,”.  The entire copy of the Oscar Meyer Fat-Free Deli Meat Class complaint can be found here.  The counsel in charge is:

 Aaron C. Mayer
FBN: 0076983
MAYER LAW GROUP
18 Carolina St., Suite B
Charleston, SC 29403

CyberDefender Software Class Action Lawsuit

0

The CyberDefender Software class action lawsuit revolves around claims that CyberDefender sold virus removal software that did not actually remove any relevant viruses but instead slowed the computers down.  Accoridng to report a third party independent security servicefound that “after a fresh installation of Windows XP on a clean virtual PC, never connected to the Internet, Registry Cleaner detected over 151 errors on the pristine PC.”.  When customers called to complain about the software they were refused any sort of help and were told “that their money is being refunded yet never actually processed the refund, placed consumers on hold for extended periods, told customers that another representative sill send them an email that was not in fact sent, refused to allow the customer to speak with a supervisor, failed to process the full amount of the refund, and provided inaccurate information in connection with refund requests” via the class action complaint. 

If you lived in the United States and purchased CyberDefender Software you are possible a class member of the lawsuit.  The CyberDefender Software Class Action Lawsuit is seeking lawsuit action and relief under the Song-Beverly Consumer Warranty Act, violations of California’s Unfair Competition Law and False Advertising Law.  A potential class member of the CyberDefender lawsuit can read a copy of the lawsuit here.

Sirius XM Radio Call Recording Class Action Lawsuit Settlement

0

The Sirius XM Call Recording class action lawsuit is styled Kambiz Batmanghelich, et al. v. Sirius XM Radio Inc. and Stream International, Inc., and is case number No. CV-09-9190 out of the United States District Court for the Central District of California.  The lawsuit primarly revolves around claims that  telephone privacy laws were broken when  Sirius XM’s customer service provider Stream International did not inform the callers/customers that the call was being recorded and/or monitored.  According to the Sirius XM Radio Call Recording class action settlement notice you could be a member of this class action lawsuit if you reside in the states of California, Florida, Maryland, Nevada, or New Hampshire and:

  1. placed one or more telephone calls to Sirius Satellite Radio between July 13, 2006 and November 17, 2009, spoke with a representative on behalf of Sirius Satellite Radio, and were not provided with notice that the call may be recorded or monitored; and/or
  2. received one or more telephone calls from Sirius Satellite Radio between July 13, 2006 and February 1, 2010, spoke with a representative on behalf of Sirius Satellite Radio, and were not provided with notice that the call may be recorded or monitored; and/or
  3. placed one or more telephone calls to XM Satellite Radio between January 25, 2009 and November 17, 2009, to discuss music royalty fees or cancelling your XM Satellite Radio subscription, spoke with a representative on behalf of XM Satellite Radio, and were not provided with notice that the call may be recorded or monitored (the “Settlement Class”).

Settlement payout will differ based upon the state and the number of people that file, however, the maximum settlement for residents of California will be $5000.00.  The maximum settlement amount for all other states will be $1,000.00. 

Important dates as follows:

All claims forms are due by September 10, 2011.

All exclusion are due by June 27, 2011.

All objections are due by August 5, 2011.

The fairness hearing will be held in Courtroom 9 of the United States District Court for the Central District of California, located at 312 North Spring Street, Los Angeles, California, 90012 before Judge Valerie Baker Fairbank on September 12, 2011.  More details of the Sirius XM Radio & Stream International call recording class action lawsuit settlement can be found at www.callrecordingclassaction.com.  You must have Adobe Reader to view the PDF documents.