Week Adjourned: 4.30.10

GM is under fire for miscalculating refunds on its extended protection planTop 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 Continue reading “Week Adjourned: 4.30.10”

Week Adjourned: 2.5.10

Sticking Gas Pedal Makes Stop Optional?Top Class Actions

Toyota: “Moving Forward” Alright. This week is really the week of the Toyota class action. I have to be honest—I’ve lost count as to the number of lawsuits that have been filed, but I did see a report today that put the number at 29, and counting. That may just be some kind of world record. 

At the heart of the issue is the now infamous sticking gas pedals. (It puts a whole new spin on the expression ‘give it some gas’—and certainly creates a little irony for Toyota’s tagline: moving forward.) 

Of course, it’s not really funny, given that hundreds if not thousands or possibly millions of people will be at the very least inconvenienced by the recalls, now totalling some eight million cars—but it will also affect people’s livelihoods, and at worst there are reports of injuries. 

In the highly unlikely event you’ve not heard about this issue, you can find more out all the recalls here.  

Overdoing the Overdraft thingAgain. Yet another overdraft fees lawsuit was filed this week, this time the accused party is Fifth Third Bank. The lead plaintiffs in this lawsuit allege that they were illegally charged overdraft fees for purchases made on the ATM and debit cards, even when they had enough funds in their accounts to pay Continue reading “Week Adjourned: 2.5.10”