Supreme Court Upholds Telephone Consumer Protection Act’s Robocall Ban

robocalls tcpa

Abusive and harassing robocalls and texts remain against the law, and consumers continue to have remedies available when they receive such unwanted communications

As reported by Law360, on July 6, 2020, The U.S. Supreme Court issued a decision upholding the Telephone Consumer Protection Act’s sweeping ban on unsolicited and harassing autodialed and prerecorded telemarketing calls and text messages made to consumers without their consent. [Read more…]

Plaintiffs Seek Release of DirecTV Customer Contact Info Sealed in Earlier Improper Texting Lawsuit

texting

Thousands of known DirecTV customers who received illegal texts will lose their right to arbitrate their privacy claims

Lieff Cabraser and Co-Counsel have requested the district court for permission to contact nearly 9,100 known DIRECTV customers who were plaintiffs’ in a 2015 Telephone Consumer Protection Act (“TCPA”) class action lawsuit against the satellite TV giant to notify them that in the wake of the class action suit, they may now bring individual privacy violation claims against DIRECTV under the Satellite Television Extension and Localism Act (STELA). [Read more…]

Lieff Cabraser and Co-Counsel File Nationwide Class Action Breach of Contract Lawsuit on Behalf of Six Prominent Nashville Restaurants Against Erie Insurance Exchange Over Refusal to Pay Business Insurance Claims

Nashville

July 1, 2020, Nashville, Tennessee—Lieff Cabraser, The Higgins Firm, and the Law Office of Alexandra Foote have filed a federal nationwide class action lawsuit against Erie Insurance Exchange on behalf of six Nashville-area restaurants and bars accusing the insurance carrier of breach of contract in its failure to pay valid business interruption insurance claims. This is the first such federal class action filed in Nashville. [Read more…]

Mark Chalos Testifies at Tennessee Senate Judiciary Hearing on Proposed COVID Liability Protections Bill

mpc covid liability protection bill

As reported by The Nashville Post (subscription), both the Tennessee House and Senate judiciary committees advanced bills Tuesday, drafted with the help of the Tennessee Chamber of Commerce and Industry and other business groups, intended to protect businesses, schools and other organizations from coronavirus-related litigation. [Read more…]

Robert J. Nelson and Naomi Pomeroy Discuss Business Interruption Insurance Claim Denial and Litigation on Heritage Radio Network Snacky Tunes Podcast

Restaurant Justice, Wrongful Insurance Denial Cases

As part of their continuing series of conversations on how the COVID-19 pandemic is affecting the restaurant industry, Heritage Radio Network’s weekly food news podcast “Snacky Tunes” spoke with award-winning chef/owner of Portland’s Beast and Expatriate Naomi Pomeroy and national plaintiffs’ lawyer and Lieff Cabraser partner Robert J. Nelson. Together, the two are helping lead the charge on #JUSTICEFORRESTAURANTS, a series of lawsuits filed against insurers that are denying restaurants’ insurance claims for interrupted business relief related to the shelter in place orders associated with the Coronavirus pandemic. [Read more…]

Lieff Cabraser and Alexandra Foote File Lawsuit Against Berkley North Pacific Group for Denial of Beast Business Insurance Claims

Restaurant Justice, Wrongful Insurance Denial Cases

Federal class action filed in Oregon on behalf of James Beard award-winning chef Naomi Pomeroy’s celebrated Portland restaurant alleges breach of contract and unfair trade practices

May 12, 2020, Portland, Oregon–(BUSINESSWIRE)–Lieff Cabraser Heimann & Bernstein, LLP and the Law Office of Alexandra Foote, and the Portland, Oregon firm Stoll Berne announce the filing of a nationwide federal class action breach of contract lawsuit in the U.S. District Court for the District of Oregon against Berkley North Pacific Group, Berkley Insurance Company, W.R. Berkley Corporation, and Continental Western Insurance Company. The action is filed on behalf of James Beard award-winning chef Naomi Pomeroy’s celebrated restaurant Beast and all similarly-situated restaurants with business interruption insurance from the defendant insurers. The complaint alleges that after Pomeroy’s Beast restaurant suffered catastrophic financial losses in the wake of government-ordered shutdowns, the restaurant’s business interruption policy claims were wrongly denied coverage by Berkley North Pacific Group and the related insurers. [Read more…]

New Data Theft Class Action by Users of Venmo, Stripe, and Other Payment Platforms Against Plaid Alleges Violations of Data Privacy Laws

Plaid Financial Privacy Suit

As reported by Law360 (subscription), Lieff Cabraser has filed a class action lawsuit in federal court in California alleging that financial tech start up Plaid Inc. stole Venmo and Stripe users’ personal banking data and sold that data to third party apps without the users’ consent in violation of federal and state privacy laws. Plaid, which recently agreed to be acquired by global payments behemoth Visa for $5.3 billion, provides third-party bank account authentication services for several well-known payment and investment apps, including Venmo, Coinbase, Square’s Cash App, and Stripe. [Read more…]

Lieff Cabraser & Alexandra Foote File Federal Breach of Contract Class Action Against Oregon Mutual for Business Interruption Insurance Denials

Justice for Restaurants

Filed on behalf of Michelin-starred chef and restaurateur Pim Techamuanvivit, this is the first nationwide class action against Oregon Mutual

May 5, 2020, San Francisco–(BUSINESSWIRE)– Lieff Cabraser Heimann & Bernstein, LLP and the Law Office of Alexandra Foote announce the filing of a nationwide federal class action breach of contract lawsuit in the U.S. District Court for the Northern District of California against Oregon Mutual Insurance Company. This action is on behalf of famed restaurateur Pim Techamuanvivit and her San Francisco restaurants Kin Khao and Nari, as well as all other U.S. restaurants with business interruption insurance policies from Oregon Mutual. The complaint alleges that after Techamuanvivit’s restaurants suffered catastrophic financial losses in the wake of government-mandated COVID-19 business shutdowns, her restaurants’ business interruption policy claims were wrongly denied coverage by Oregon Mutual. [Read more…]

Lieff Cabraser & Law Office of Alexandra Foote File COVID-19 Breach of Contract Lawsuit on Behalf of Premier California Restaurant Group Against Farmers Group and Mid-Century Insurance for Nonpayment of Claims

Companies Denied Business Interruption Insurance Claims Due to COVID-19 Outbreak Battle The Insurance Industry

Lawsuit filed by Coi and Alta Adams restaurants to be joined by subsequent high-profile restaurant suits seeking damages from insurers for interruption of business claims arising from COVID-19 shutdowns

April 30, 2020, San Francisco–(BUSINESSWIRE)– Lieff Cabraser Heimann & Bernstein, LLP, has filed a lawsuit in San Francisco Superior Court against Farmers’ Group and Mid-Century Insurance Company on behalf of Michelin-starred Coi Restaurant of San Francisco and Alta Adams of Los Angeles for claims including breach of contract, bad faith denial of insurance claims, and fraud. The complaint alleges that in the wake of substantial financial losses incurred after government-ordered Coronavirus-driven business shutdowns, the plaintiff restaurants made claims on their business interruption insurance policies and were instantly denied coverage by the defendant insurers. [Read more…]

Aaron’s Reaches $2.2M Settlement With Consumers in TCPA Autodialer Litigation

Telephone Consumer Protection Act

A proposed settlement has been reached in a class action lawsuit against rent-to-own retailer Aaron’s Inc. As reported by Law360 (subscription), the lawsuit alleges that the furniture and electronics dealer violated the Telephone Consumer Protection Act (“TCPA”) by using an automatic telephone dialing system and prerecorded voice to initiate calls to non-customer consumers. [Read more…]

Companies Denied Business Interruption Insurance Claims Due to COVID-19 Outbreak Battle The Insurance Industry

Companies Denied Business Interruption Insurance Claims Due to COVID-19 Outbreak Battle The Insurance Industry

The Washington Post reports that as mandatory isolation orders have caused the shutdown of businesses across the nation, a multibillion-dollar deadlock has arisen between the nation’s leading insurers and the companies that purchase their business interruption insurance policies. The heated battle between the groups hinges on the question of whether insurance providers should have to pay claims to businesses that have shuttered as a result of the Coronavirus outbreak. [Read more…]

Banking Industry Files Amicus Brief On Behalf of AT&T And Comcast Challenging California Rule Blocking Arbitration

AT&T Allegedly Using Forced Arbitration to Overcharge Customers

As reported by Law360 (subscription), on March 27, 2020, two major banking associations filed an amicus brief on behalf of Comcast Corp. and AT&T Mobility LLC’s in the United States Supreme Court supporting efforts by the companies to challenge a California rule that limits corporations’ abilities to enforce arbitration agreements. [Read more…]

Fraud Class Action Filed Against Health Technology Company Greenway Health by Lieff Cabraser

Fraud Class Action Filed Against Health Technology Company Greenway Health by Lieff Cabraser

As reported by Law360 (subscription), Lieff Cabraser and co-counsel have filed a proposed class action lawsuit on behalf of a Florida pediatrics group against health technology company Greenway Health for alleged fraud and other deceptive practices in connection with the sale of Greenway’s Electronic Health Record (“EHR”) systems, marketed to and used by healthcare providers. [Read more…]

NBC News Nashville Reports on Lieff Cabraser’s Lawsuit Against Evenflo Company Fraudulent Marketing of Dangerous Child Car Seats

Lawsuit filed over Evenflo Big Kid Booster Seat Safety

As alleged in a new lawsuit filed by Lieff Cabraser on behalf of parents who purchased Evenflo’s Big Kid Booster car seats, Evenflo has known since 2012 or earlier that its Big Kid Booster Seat is not safe for children weighing less than forty pounds. The booster seat also does not appreciably reduce the risk of serious injury or death from side-impacts or collisions. NBC-TV Nashville featured a report on the new lawsuit, including an interview with Lieff Cabraser partner Mark P. Chalos, lead attorney on the case. [Read more…]

Ninth Circuit Court Upholds Ruling Keeping AT&T Internet Throttling Suit in Court and Out of Private Arbitration

Ninth Circuit Court Upholds Ruling Keeping AT&T Internet Throttling Suit in Court and Out of Private Arbitration

As reported by Law360 (subscription), late on February 20, 2020, a three-judge panel of the Ninth Circuit Court of Appeals upheld a ruling that blocked AT&T from contesting a decision banning the company from forcing customers into private arbitration over claims AT&T falsely advertised unlimited cellphone data plans. [Read more…]

Lieff Cabraser and Co-Counsel Announce Filing of Class Action Lawsuit Against Evenflo for Fraud and Deceptive Marketing of Dangerous Child Car Seats

Child car seat dangers

Lawsuit alleges Evenflo’s “Big Kid Booster” car seats were aggressively marketed and sold throughout the U.S. as safe and tested even though the company’s own internal tests showed they provided little to no side-impact protection

February 21, 2020, New York—(Businesswire)—The national plaintiffs’ law firm of Lieff Cabraser Heimann & Bernstein, LLP, along with Kozonis & Klinger, Ltd. and Andrus Wagstaff, PC, announce the filing of a federal fraud and deceptive marketing class action lawsuit in the District of Massachusetts on behalf of a class of plaintiffs who purchased Evenflo’s Big Kid Booster car seats. The complaint alleges that the widely and aggressively marketed seats are unsuitable and unsafe for smaller children and do not significantly reduce accident injury risks. The lawsuit seeks to put an end to Evenflo’s improper marketing and sales tactics that put profits above the safety of American children. [Read more…]

Lieff Cabraser Partners Sarah London and Robert Nelson to Speak at 2020 Consumer Attorneys of California Seminar in Sonoma

Lieff Cabraser Partners Sarah London and Robert Nelson to Speak at 2020 Consumer Attorneys of California Seminar in Sonoma

Lieff Cabraser partners Sarah R. London and Robert J. Nelson will be speaking at the 2020 Consumer Attorneys of California Sonoma Travel Seminar on Friday March 13th, 2020. Sarah will be featured on the panel “Trial Skills Quick Hits,” where she will speak on the multidistrict Juul injury and marketing fraud litigation, and Robert will be featured on the panel, “Arbitration – Strategies for Keeping Yourself Out and Winning If You’re Stuck In It,” where he will discuss “Avoiding Arbitration in the Class Action Setting.” [Read more…]

Jonathan Selbin Talks to Consumer Reports About Forced Arbitration

Jonathan Selbin Talks to Consumer Reports About Forced Arbitration

Consumer Reports has published an in-depth article on forced arbitration, uncovering the devastating negative impact it has had on the rights of American consumers by limiting their options to seek justice and compensation when products turn out to be faulty or harmful. [Read more…]

Lieff Cabraser & Co-Counsel Reach $35M Settlement with Bank of America in California Unpaid Mortgage Interest Case

Lieff Cabraser & Co-Counsel Reach $35M Settlement with Bank of America in California Unpaid Mortgage Interest Case

As reported by Law360 (subscription), Bank of America North America has agreed to pay $35 million to settle a borrower class action lawsuit accusing the company of failing to comply with a California law requiring banks to pay interest on mortgage escrow accounts. [Read more…]