Were you “Outed”? …by the massive data breach of Ashley Madison? Are you one of some 37 million people who got caught with their firewalls down—sorry Ashley Madison’s firewalls? Well, further to all the talk about filing a class action, this week a data breach lawsuit was filed against the website.
The Ashley Madison lawsuit, filed on behalf of all Canadian subscribers, targets the dating website for married people as well as Avid Dating Life, Inc. and Avid Life Media, Inc., the corporations who run the website. The lawsuit is seeking $750 million in general damages and $10 million in punitive damages.
Eliot Shore, a widower from Ottawa, is the plaintiff in the lawsuit. He signed up with the website “for a short time in search of companionship” but, allegedly, never went on a date.
The plaintiffs are seeking compensation and access to justice for all affected. “Another major aspect of this is behaviour modification; (our clients) went to this website being promised anonymity and confidentiality, but their privacy has been violated. Corporations need to be accountable for what’s happened so that others can follow,” attorneys for the plaintiffs stated. True enough.
TWC got TCPA Troubles? Time Warner Cable Inc,(TWC) got hit with a putative class action lawsuit this week, filed by a former customer who asserts the company violated the Telephone Consumer Protection Act (TCPA). Specifically, the plaintiff, Raquel S. Mejia, alleges TWC used an autodialer to make at least two unsolicited sales calls a day to her cellphone in an attempt to win her business back.
Mejia claims she stopped using TWC in 2007 and never gave her consent to TWC to call her phone, nor did she have any business relationship with the cable provider after 2007.
According to the Time Warner Cable lawsuit, Mejia states that there were several indicators that the calls were made by autodialers, in violation of the TCPA. Specifically, she would sometimes answer a call and only hear background noise at what appeared to be a call center. A live call center representative would often take a few moments before engaging her, an indication they were not actively aware of an automatic dialing system’s activities, she claims.
“Based on the circumstances of the calls, including but not limited to the multiple calls over a short period of time, plaintiff was not immediately engaged by a live person … and defendant called despite plaintiff’s requests to defendant to stop calling (indicating a computer automatically dialed the number again), plaintiff believed defendant called her cellular telephone using an ATDS that automatically selected her number from a computer database,” the complaint states.
Stating that “the TCPA was enacted to protect consumers from unsolicited telephone calls exactly like those alleged in this case,” Mejia, on behalf of herself and all others who received similar allegedly illegal calls, is suing for an injunction against the practice and treble damages of $500 per TCPA violation. She is also seeking attorneys’ fees and costs, the complaint states.
The case is Raquel S. Mejia, individually and on behalf of all others similarly situated v. Time Warner Cable Inc., case number 15-cv-06445 in U.S. District Court for the Southern District of New York.
Defective Air Conditioning Coils… remember those? A lawsuit against Lennox industries was the result and this week a settlement has been reached. The Lennox Air Conditioning lawsuit claimed the company’s air conditioning units are susceptible to formicary corrosion as a result of the deficient materials used in the manufacture of its coils. FYI—an evaporator coil is a part of an air conditioning system or heat pump system in the cooling mode.
Lennox denies all of the claims in the lawsuit, but has agreed to the settlement to avoid the cost and risk of further litigation.
The Lennox settlement class includes all U.S. residents who, between October 29, 2007 and July 9, 2015, purchased at least one new uncoated copper tube Lennox brand, Aire-Flo brand, Armstrong Air brand, AirEase brand, Concord brand, or Ducane brand evaporator coil, covered by an Original Warranty, for their personal, their family, or their household purposes, that was installed in a house, condominium unit, apartment unit, or other residential dwelling located in the United States.
Original Coils may have been purchased separately, as part of an air handler, or they may have been included as part of a Packaged Unit.
The final approval hearing is scheduled for December 2, 2015. The lawsuit is: Thomas v. Lennox Industries Inc., United States District Court for the Northern District of Illinois, Eastern Division, Case No. 13 CV 7747.
Ok—That’s a wrap folks…See you at the Bar!