Articles Posted in Class-Action

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By this point it is well known that companies are taking advantage of any and all personal information they can collect on customers. Every Internet search, social media “like”, and online purchase is closely monitored for the purpose of determining which ads we would be most likely to respond to.

Despite the fact that many companies include information on these practices on their terms of service, people should not be subject to these types of practices without agreeing to them.

For example, Yahoo is currently facing a class action lawsuit from plaintiffs who were not Yahoo Mail subscribers, but sent emails to or received emails from Yahoo Mail subscribers. According to the lawsuit, Yahoo allegedly illegally intercepted these emails and analyzed the content, including keywords and attachments. Far from just scanning for spam and malware, Yahoo Mail allegedly did this to create “targeted advertising” for Yahoo Mail subscribers. Because these users were not subscribers of Yahoo Mail, they allegedly did not agree to be subject to these practices. Continue reading ›

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In today’s increasingly digital world, physical barriers mean less than they ever have. This can be confusing when it comes to some consumer laws that cover certain areas, but not others.

For example, the federal Copyright Act puts a statute of limitations on exclusive rights to any and all recordings made on or before February 15, 1972. This means any musician who recorded music on or before that date has no right to claim any of the rights to that music.

However, various states have their own laws regulating the statute of limitations on art and music, and they are frequently more favorable to artists than the federal law. Any company that sells goods or services in the United States must be sure to abide by all of the relevant local laws, as well as federal regulations. Continue reading ›

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After George Orwell’s novel, “1984”, was published, the term “Big Brother” became a household name. It is used to refer to any institution or practice that allows companies or organizations to see what people are doing no matter where they are. The term has been applied to everything from traffic light cameras to Google’s practice of tracking consumers’ search histories.

But most disturbing of all is a recent lawsuit against Aaron’s Inc., a rental company, alleging it leased computers that contained spyware. Aaron’s allegedly used the software to take pictures of people in their homes via the computers’ webcams, as well as screenshots taken while the leased computers were in use. According to the lawsuit, even when users thought their computers were turned off, the spyware could turn it on and take photos via the computer’s webcam. The information collected by the rental company in this manner allegedly included highly sensitive emails and pictures, including pictures of nude children and people having sex. Continue reading ›

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Caddies sue for Unpaid Compensation for Advertising on Bibs reports NPR.

More than 100 caddies filed legal action against the Professional Golfers Association for $50 million in advertising revenue. Renee Montagne talks to Rex Hoggard, a senior writer at the Golf Channel.

Continue reading ›

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There are different methods companies can use to pay their employees. Although many people are familiar with the hourly wage and salary options, some employees get paid piecemeal – or per job – regardless of how long it takes them to complete that job. Although it is not illegal to pay workers a piecemeal rate, employers who choose to do so must make sure they are still abiding by the federal Fair Labor Standards Act (FLSA). The Act states that all employees working in the United States are entitled to at least $7.25 per hour, with a lower minimum wage for tipped workers.

Regardless of how employees are paid, the FLSA requires employers to provide all workers with accurate itemized wage statements. By law, these statements must define a pay period and detail the hours worked or jobs performed by the employee in that pay period, how much she was paid, and how much was withheld for things like health insurance, taxes, etc. Providing these statements allows employees to make sure they are paid fair wages for the work they perform, and to keep a record of what they have been paid. Continue reading ›

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After George Orwell’s novel, “1984”, was published, the term “Big Brother” became a household name. It is used to refer to any institution or practice that allows companies or organizations to see what people are doing no matter where they are. The term has been applied to everything from traffic light cameras to Google’s practice of tracking consumers’ search histories.

But most disturbing of all is a recent lawsuit against Aaron’s Inc., a rental company, alleging it leased computers that contained spyware. Aaron’s allegedly used the software to take pictures of people in their homes via the computers’ webcams, as well as screenshots taken while the leased computers were in use. According to the lawsuit, even when users thought their computers were turned off, the spyware could turn it on and take photos via the computer’s webcam. The information collected by the rental company in this manner allegedly included highly sensitive emails and pictures, including pictures of nude children and people having sex. Continue reading ›

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Declaring bankruptcy can have a number of advantages for some companies. It doesn’t necessarily mean the end of the company, but it can be the beginning of a transition into another company, even if it continues in the same business.

For example, General Motors (G.M.) declared bankruptcy in 2009. It’s still doing business, but the company that made cars prior to the bankruptcy agreement is known as “Old G.M.”, while the company currently making cars is known as “New G.M.” It may not seem like much of a difference, and to many people it’s not, but at least in terms of liability, it can make all the difference in the world. Continue reading ›

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The promise of awarding gift cards is just one method retailers sometimes use to lure shoppers into their stores. For example Hollister Co., a clothing retailer, promised consumers who spent $75 or more a $25 gift card in December 2009. The cards themselves allegedly stated they had “no expiration date”, but the retailer allegedly voided all outstanding cards on January 30, 2010.

Our client, Vincent Daniels, one of the owners of an expired gift card, filed a lawsuit against Hollister for the lost value of the gift card. Because $25 is a negligible amount, Daniels sought to represent an entire class of plaintiffs consisting of everyone still in possession of a gift card, or who threw their gift card away because they were told it had expired. Taken together, the value of all the voided gift cards amounts to more than $3 million. Continue reading ›

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Workers generally expect that any time required by the employer is time for which they get paid. This should hold true regardless of whether the employees are performing work or receiving training necessary to perform the job. According to a recent class action wage and hour lawsuit against Wal-Mart, the retail giant allegedly failed to compensate its pharmacists for time spent in training. Walmart denies these claims and contends it complied with the law.

The lawsuit was filed in California by Afrouz N., who worked for Wal-Mart from 2003 to 2014. Afrouz alleges Wal-Mart required its pharmacists to take the American Pharmacists Association’s Immunization Training programs, but failed to compensate them for the time spent on those training programs. Continue reading ›

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