Class Counsel Announce Proposed Settlement of Wells Fargo Student Loan TCPA Litigation

TCPA Settlement Announced Against Wells Fargo

A proposed settlement has been reached in a class action lawsuit against Wells Fargo Bank, N.A. (“Wells Fargo”). The lawsuit alleges Wells Fargo violated the Telephone Consumer Protection Act (“TCPA”) by using an automatic telephone dialing system and/or an artificial or prerecorded voice to initiate calls to cell phones (“Automatic Calls”) in connection with student loans, without prior express consent. Wells Fargo denies the allegations, and the Court has not decided who is right. Instead, both sides agreed to a settlement. [Read more…]

United Airlines Involuntary Passenger Removal Incident Sparks Further Controversy On Flight Overbooking

Air Travel Complaints

The past weekend’s incident on a United Airlines flight where a passenger was forcibly removed by security from an aircraft after refusing to give up his seat to a United employee has shed increased light on the all-too-common practice of airlines bumping passengers off planes when flight are overbooked. The practice is an ongoing problem as so many flights are routinely overbooked. A viral video of the United passenger being violently being dragged off the flight has sparked outrage, concern, and a social media uproar towards the airline and its policies and passenger dealings. [Read more…]

Fitbit Trackers Still Don’t Match Real Medical Measuring Devices

Media Attention Focuses on New Fitbit Heart Rate Accuracy Study Confirming Significant Inaccuracies in Device Data

As reported by CNN, while a new study comparing wearable fitness trackers including the Fitbit Surge and Fitbit Charge indicates that such devices perform “reasonably well” at measuring some heart rates, the devices still don’t compare to tracking equipment used in doctors’ offices and hospitals. The LA Times was even more clearcut in its article, “Your Fitness Tracker Can Count Your Steps, But It’s Not That Good At Monitoring Your Heart Rate.” While some say they are “accurate enough” for most consumers, the new study aligns with previous ones indicating that the Fitbit devices do not consistently record accurate heart rates during the intense kinds of physical activity for which Fitbit expressly markets the devices in widespread advertising. [Read more…]

Trump Administration Guts US Internet Consumer Privacy Rules Even as Illegal Harvesting of Children’s Data By Game and App Studios Continues

Help stop illegal child data collection

Even as the Trump administration eliminated significant privacy protections enacted by the FCC under Obama to expose the browsing information of hundreds of millions of Americans, the broadband industry and its Washington insider allies have leapt in to trumpet what a great thing it is to let Comcast, Verizon, and AT&T, et al. monitor and sell info about our every step online. This includes the now-permissible passive tracking of adult activity across apps and devices that is still illegal when applied to kid’s data under special separate laws enacted to protect children. [Read more…]

Elizabeth Cabraser Doing a Q&A Live on Jalopnik Auto News Website Wednesday March 22, 2017

Elizabeth Cabraser, Lieff Cabraser Heimann & Bernstein

Auto news and culture website Jalopnik will be hosting a live Q&A with Lieff Cabraser founding partner Elizabeth Cabraser at 8 a.m. Pacific (11 a.m. Eastern time) on the Volkswagen “Clean Diesel” emissions fraud settlement on Wednesday, March 22, 2017. As Lead Counsel and Chair of the Plaintiffs’ Steering Committee in the litigation, Elizabeth spearheaded the development of the 2.0-liter and 3.0-liter Volkswagen Dieselgate settlements, which provide substantial compensation for owners of affected VW diesels as well as significant environmental mitigation plans. [Read more…]

New Videos Explain Benefits Available to VW, Audi, and Porsche Owners and Lessees Under the 3.0-Liter Volkswagen TDI Emissions Fraud Settlement

New VW Videos

Two new videos have been released providing in-depth information on the benefits available to class member owners and lessees of Volkswagen, Audi, and Porsche vehicles with 3.0-liter engines affected by the diesel emissions fraud. One video relates to “Generation One” vehicles, Volkswagen Touareg (models years 2009-2012) and Audi Q7 (model years 2009-2012), and a second video relates to Generation Two vehicles, VW Touareg (model years 2013-2016), Audi Q7 (model years 2013-2015), Audi A6, A7, A8, A8L, and Q5 (model years 2014-2016), and Porsche Cayenne (model years 2013-2016). [Read more…]

VW Pleads Guilty in Diesel Emissions Scandal

VW Pleads Guilty in Diesel Emissions Scandal

German automaker Volkswagen pleaded guilty in federal court in Detroit to criminal felony charges relating to its diesel emissions deception. The company was “charged with fraud, obstruction of justice and making false statements about vehicles it imported into the United States, using software designed to cheat on emissions tests during lab testing that helped deceive environmental regulators,” as reported by the New York Times. [Read more…]

The Tennessean Reports on Newly-Filed North Carolina Mutual Insurance Fraud Lawsuit

Life Insurance Fraud

The Tennessean reports on Lieff Cabraser’s lawsuit against North Carolina Mutual Life Insurance Company filed Wednesday in federal court in Tennessee on behalf of Marietta McClendon. The Brentwood resident’s suit alleges North Carolina Mutual took her family’s money by way of a fraud that halved the benefits she obtained after the death of her brother. “My mother and brother worked hard to protect our family,” said Ms. McClendon. “Losing them was hard on our family. We expected the life insurance company to stand behind their policy and to pay what they owed.” [Read more…]

Class Action Fraud Lawsuit Filed Against North Carolina Mutual Life Insurance Company

Class action fraud lawsuit filed against North Carolina Mutual Life Insurance

Nashville, Tenn. – Lieff Cabraser partners Mark Chalos and Annika K. Martin, and Montgomery Ponder partners Luke Montgomery and Brad Ponder, have filed a class action lawsuit in Tennessee federal court on behalf of Marietta McClendon of Nashville, Tennessee alleging that North Carolina Mutual Life Insurance Company (NCM) cheated her family and potentially thousands of other life insurance customers, often minority individuals and families, for financial gain. [Read more…]

Takata to Pay $1 Billion in Defective Airbag Lawsuit

Takata to Pay $1 Billion in Defective Airbag Lawsuit

Japanese auto parts maker Takata Corp. pled guilty to one count of wire fraud in Michigan federal court on Monday in the lawsuit over its allegedly defective airbags. Takata will pay nearly $1 billion for hiding test data and reports on the deadly airbag inflators and will repay those injured by the airbag defect. As reported by CNBC, “the penalties include $850 million in restitution to automakers, $125 million for victims and families, and a $25 million criminal fine.” [Read more…]

VW 3.0-Liter Diesel Settlement Valued at $1.2 Billion Receives Preliminary Approval Along with Separate $327.5M Bosch Deal

Cars in traffic

On February 16, 2017, Judge Charles Breyer of the U.S. District Court for the Northern District of California granted preliminary approval to a buyback, compensation, and repair settlement for owners and lessees of 3.0-liter diesel engine VW, Porsche and Audi vehicles. This preliminary approval signals a signal step on the path toward final settlement approval, expected to occur in May of 2017. The Court also gave preliminary approval to a separate $327.5 million settlement with German auto supplier Robert Bosch GmbH, which wrote and installed the secret emissions-manipulating software on the affected vehicles. [Read more…]

VW Litigation Update: Judge Approves $1 Billion 3-Liter Engine Settlement in Emissions-Cheating Scandal

Judge Approves $1 Billion 3-Liter Engine Settlement in Emissions-Cheating Scandal

U.S. District Judge Charles Breyer has granted preliminary approval to a new $1 billion settlement involving 78,000 Volkswagen, Audi, and Porsche diesel owners in the infamous VW emissions-cheating scandal. Under this newest settlement in the litigation, Volkswagen will compensate owners of these 3-liter diesel engine vehicles, and repair or buy back as many as 20,000 Touareg and Audi Q7 SUVs. [Read more…]

FTC Files Statement in Support of 3.0 Liter “Clean Diesel” VW Settlement

FTC Supports VW Consumer Settlement

On February 1, 2017, the Federal Trade Commission filed a Statement in support of the 3.0 Liter “Clean Diesel” Volkswagen, Porsche and Audi consumer settlements with Judge Charles Breyer of the U.S. District Court for the Northern District of California. “As part of its effort to protect American consumers,” the Commission voted unanimously to approve the proposed FTC Order, which resolves its claims concerning 3.0-liter vehicles with “Clean Diesel” TDI engines in which Volkswagen employed defeat devices to cheat on emissions tests and deceived consumers through its extensive and brazenly false “Clean Diesel” marketing campaign. [Read more…]

Bosch Agrees To $327.5 Million Settlement in VW Diesel Emissions Fraud Case

Bosch Agrees To $327.5 Million Settlement in VW Diesel Emissions Fraud Case

German auto electronics supplier Robert Bosch has agreed to a $327.5 million settlement for Volkswagen owners and the United States Federal Trade Commission over claims the company helped develop secret software for Volkswagen that was used to cheat on U.S. standard emissions tests and violate the Clean Air Act. [Read more…]

Volkswagen, Audi, Porsche 3.0-Liter Settlements to Compensate Consumers, Protect Environment and Hold VW Accountable for Emissions Conduct

VW, Audi, Porsche 3.0-Liter Diesel Emissions Settlements Announced

Class and government settlements provide substantial cash payments to fully compensate owners and lessees, ensure vehicles no longer illegally pollute environment

San Francisco, CA—Settlement agreements were filed today by the consumer plaintiffs and the Federal Trade Commission in the Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation that, if approved, will provide owners and lessees of Volkswagen, Audi and Porsche 3.0-liter diesel vehicles substantial cash compensation in addition to buybacks, trade-ins, government-approved emissions modifications or compliant repairs, depending on the generation of vehicle. The proposed settlements were filed in the Northern District of California as part of the multidistrict litigation currently overseen by Judge Charles R. Breyer. [Read more…]

Increased Active Participation of VW Class Members Sheds Light on Changes in Big Litigation

Increased Active Participation of VW Class Members Sheds Light on Changing Court System

Class member participation in the Volkswagen diesel emissions consumer fraud litigation has been increasingly active, and the court system has taken notice. VW diesel owners have robustly engaged in social media discussions, emailed the courts on a regular basis, and even called class counsel on their personal cell phones. [Read more…]

Focus On: Law360 Consumer Protection Group Of The Year Lieff Cabraser

Focus On: Law360 Consumer Protection Group Of The Year Lieff Cabraser

Law360 has published its in-depth review of Lieff Cabraser’s Consumer Protection practice group, selected by the publication as a “Practice Group of the Year.” As the publication noted, the firm “represented consumers in some of the most high-profile cases of the year, including the Volkswagen litigation where founding partner Elizabeth Cabraser headed the Plaintiffs’ Steering Committee, representing the largest known consumer class settlement at $14.7 billion.” [Read more…]

Environmental Protection Agency Accuses Fiat Chrysler of Cheating Diesel Emissions Laws

Diesel Emissions Fraud

The U.S. Environmental Protection Agency (EPA) has issued a notice of violation to Fiat Chrysler Automobiles for allegedly cheating on federal emissions standards and contributing to pollution, in violation of the Clean Air Act. At least 104,000 diesel vehicles have allegedly been programmed with secret software that allowed for illegal excess emissions of nitrogen oxides. These vehicles include light-duty model year 2014, 2015, and 2016 Jeep Grand Cherokees and Dodge Ram 1500 trucks equipped with 3.0-liter diesel engines sold in the United States. [Read more…]

Lieff Cabraser Honored in Law360’s Practice Groups of the Year for Consumer Protection & Privacy

Lieff Cabraser Honored in Law360’s Practice Groups of the Year

Law360 has announced the winners of its 2016 Practice Group of the Year awards, selecting Lieff Cabraser for Practice Group of the Year in the categories of Consumer Protection and Privacy. This prestigious recognition honors “law firms that racked up victories in litigation and closed the big deals to make their mark among clients and throughout the legal industry.” The legal publication chose 157 groups among 34 different practice areas as winners of the award. [Read more…]

American Lawyer Highlights “Blockbuster” VW Emissions Settlement in Year-End Roundup

Scales of Justice in courtroom

The American Lawyer takes a look back at how the plaintiffs’ bar fared for better and for worse in 2016, including a report on the “blockbuster” $14.7 billion settlement in the Volkswagen diesel emissions consumer fraud case that surpassed previous automotive industry records and may well have set an all-time speed and efficiency record for a case of its size, running from inception to resolution in less than a year. [Read more…]