Week Adjourned: 7.31.10

Top Class Actions

Another Bite out of Apple. So, Apple is in the news this week, as it was last week, this time over allegations that its iPad is not up to scratch. Essentially, the proposed class action alleges that the smash hit techno gizmo “overheats and fails to operate properly in warm conditions.”

The complaint reportedly states that the iPad “does not live up to the reasonable consumer’s expectations created by Apple” because it “overheats so quickly under common weather conditions.” And, “that in direct sunlight, the iPad turns itself off after just a few minutes of use.” 

FYI—Apple said that customers bought 3.27 million iPads last quarter. It was only introduced at the beginning of April. So, no surprise it has outsold the iPod outsold revenue-wise: $2.17 billion in the quarter ended June 10 compared with $1.54 billion for the iPod. Well, if there is a problem, at least we know they can afford the fix. 

C’mon, Smile and Say “Fleeced!” What would the week be without a wages class action? This one pertains to back wages reportedly owed to thousands of employees of Consumer Programs Incorporated (CPI) who work at Sears Portrait Studios and Wal-Mart Picture Me Portrait Studios. 

BTW—CPI states it is the largest portrait studio operator in North America, with photography services in over 3,000 locations nationally. Umm. That’s a lot of overhead…

The specific allegations include failure to pay employees for all the time they work, Continue reading “Week Adjourned: 7.31.10”

Week Adjourned: 7.23.10

Top Class Actions

HiPhone, HiPhone, it’s Off to Court we Go…Well, all you iPhone enthusiasts are clearly disappointed with the new iPhone 4 and its apparent lack of receptivity—would that be an appropriate term to describe an alleged antenna design flaw?

Let’s get to the point. Apple and AT&T got hit with a class action lawsuit filing this week, “seeking relief for consumers who purchased iPhone 4 cellular phones.” 

To be blunt, the only way you could not know about the iPhone 4 antenna problem is if you live on another planet—or in a cave in some remote corner of the world that is not part of AT&T’s network. No doubt all you diehard Blackberry fans must be lovin it!

According to the complaint, the new iPhone 4 sold 1.7 million in its first week of sales, a figure that reportedly comes from Apple. That’s a loyal fan base. And woe betide you if you piss them off. 

Here’s the skinny—”the phone retails for $199.00 for the 16GB model or $299.00 for the 32GB model with a 2-year contract (or $599.00 16GB / $699.00 32GB without a contract). Users pay Continue reading “Week Adjourned: 7.23.10”

Week Adjourned: 7.17.10

Top Class Actions

Recall on a Rolling Basis. This week’s pharmaceutical lawsuit is against Johnson &Johnson (J&J) alleging fraud and racketeering and demanding compensation for recalled children’s allergy and cold medicines—you remember—the recall that kept going and going—first on April 30th concerning over 40 different types of kiddies cold meds, and then again in June—’oops—we maybe should have recalled these also…’ and once more for good measure in July.

But it’s not the recall that’s the problem apparently, it’s the fact that J&J’s McNeil Consumer Healthcare and McNeil-PPC had offered consumers coupons for refunds of the recalled products, which consumers have rejected, according to the suit.

According to a report on Bloomberg’s Businessweek, the complaint states the coupons are worthless because McNeil has stopped making the medicines and “wrongly assumes that all consumers will want to purchase the company’s children’s products at some uncertain future date.”

So, the suits seek to proceed on behalf of plaintiffs’ groups for residents of Illinois, Texas and Florida, as well as consumers in the U.S. and Canada, who have bought the drugs since December 2008.

Sweating the Glass Ceiling? 24-hour Fitness also got hit with a class action this week brought by its employees over allegations of discrimination on the basis of race, color, national origin and gender.

Apparently this very large chain of fitness facilities—as in 400 fitness centers, Continue reading “Week Adjourned: 7.17.10”

Week Adjourned: 7.9.10

Top Class Actions

And the Winner is… It’s nice to know that in these tumultuous times wracked with financial uncertainty that some things remain constant. That we can rely on our institutions to proudly defend their position as looking out for our best interests, when in fact they are looking out for their own. Business as usual. As usual.

This week, the Business as Usual unofficial award goes to City National Bank of Charleston WV. They are facing a class action lawsuit based on allegations that they manipulate debit card transactions so as to maximize overdraft fees.

Now, I realize that this practice is hardly original practice, but it’s reassuring to see that smaller institutions are taking up the larger banks business strategies, following their lead so-to-speak. After all, shareholders may benefit.

So, I’m going to assume that the fellow who filed the lawsuit is not a shareholder. Correct me if I’m wrong. Here’s his beef:

“The plaintiff alleges, among other things, that City National: (a) engages in a systematic policy of re-ordering debit card transactions from highest dollar amount to lowest dollar Continue reading “Week Adjourned: 7.9.10”

Week Adjourned: 7.2.10

Top Class Actions

Remember Zicam? The homeopathic cold remedy that claims to “knock out sinus congestion fast.” Well, speaking of knock-outs—the makers of Zicam got hit with a class action lawsuit this week, alleging injuries including loss of sense of smell and diminished sense of taste as a result of using Zicam Cold Remedy Gel.  

Russell Surette, the lead plaintiff, claims use of the product caused him diminishment of the senses of smell and taste and economic damage in the amount of the purchase price paid for the product. And it seems he’s not the only one. LawyersAndSettlements.com has interviewed a number of Zicam-users who have suffered similar adverse effects after using these products.  

In fact, the US Food and Drug Administration has issued a warning to consumers to stop using three Zicam Cold Remedy Products after the products were linked to the loss of the sense of smell (anosmia). The FDA made the announcement after receiving more than 130 reports of anosmia linked to the products. 

Russell and the class are seeking compensation and other for permanent loss of the sense of smell and diminishment in his sense of taste, pain and suffering, loss of enjoyment of life and recovery of the price paid for the product. 

Top Settlements 

Call Center Called on the Carpet? I gave my head a shake when I read this one. A company based in Bakersfield, CA—Spherion Pacific Workforce—settled a wages and overtime class action brought Continue reading “Week Adjourned: 7.2.10”