California Federal Judge Rules DIRECTV Cannot Avoid Robocall Lawsuit

California Federal Judge Rules DIRECTV Cannot Avoid Robocall Lawsuit

As reported by Bloomberg Law (subscription), on Friday March 29, 2019, U.S. District Judge Dolly M. Gee of the Central District of California certified two proposed plaintiff classes in a federal lawsuit against DIRECTV over allegations the company violated the Telephone Consumer Protection Act (“TCPA”) by directing debt collection companies to make unwanted telemarketing phone calls to consumers on their behalf. The Court found that questions common to all class members outweigh any individualized questions of possible consent to the calls. [Read more…]

Judge Gives Preliminary Approval to $5M Proposed Settlement in Nationwide Insurance Robocall Class Action

Robocall

As reported by Law360, a federal judge has preliminarily approved a $5 million settlement in the class action alleging that Nationwide Mutual Insurance violated the Telephone Consumer Protection Act (TCPA) by sending harassing repeat auto-dialer calls, texts, and voice messages to consumers without their consent. [Read more…]

Supreme Court Upholds Ruling Supporting California Consumers in Predatory Lending Class Action Against BofA

predatory bank lending

The U.S. Supreme Court has declined to review a Ninth Circuit ruling reinstating a proposed consumer class action against Bank of America over its allegedly predatory lending activities. As reported by Law 360, the banking giant’s failed attempt to get the ruling reviewed leaves in place a Ninth Circuit panel ruling from earlier this year that reinstated a proposed consumer fraud class action brought against Bank of America NA by lead plaintiff Donald Lusnak, a California homeowner. According to Law 360, the suit “sought to force the North Carolina-based bank to comply with a California law requiring mortgage lenders to pay at least 2 percent interest on borrowers’ escrow accounts.” [Read more…]

Lieff Cabraser Announces Class Action Consumer Fraud Lawsuit Against Westgate Resorts, Ltd.

Log Cabins in the Smoky Mountains

September 26, 2018, Nashville, TN—(BUSINESSWIRE)—Lieff Cabraser Heimann & Bernstein, LLP; Farmer Purcell White & Lassiter, PLLC; Ritchie, Dillard, Davies & Johnson, P.C., and Wallace & Associates announce the filing of a class action consumer fraud lawsuit in federal court in the Eastern District of Tennessee on behalf of purchasers of timeshare interests at the Westgate Smoky Mountain Resort in Gatlinburg, Tennessee, against Westgate Resorts, Ltd. and its related entities.  [Read more…]

State Farm Will Settle Rigged-Judge Trial for $250 Million

State Farm Will Settle Rigged-Judge Trial for $250 Million

Law360 has reported that on the same day trial was to begin in the case, State Farm has agreed to pay $250 million to settle the RICO lawsuit wherein plaintiffs alleged the company secretly paid millions to help elect an Illinois Supreme Court judge in order to overturn a billion-plus dollar judgment against it from a case originating back in 1997. [Read more…]

FTC Seeks Authority to Impose Meaningful Civil Penalties on Companies Breaking Consumer Protection & Data Security Laws

FTC Civil Penalties on Companies Breaking Consumer Protection & Data Security Laws

The Federal Trade Commission (FTC) recently appeared before the House subcommittee on Digital Commerce and Consumer Protection to request the power to impose meaningful civil penalties on companies that violate the nation’s data security and privacy protection laws. Currently, the FTC cannot impose fines on companies over privacy issues; however, if the public wants to see companies handle their sensitive information diligently, “the agency needs the ability to slap violators with fines and have more freedom to pass rules,” notes Law360. [Read more…]

VIDEO: Consumers Win Victory Over Western Sky Financial in Litigation Over Abusive Payday Lender Scam

Successful consumer protection class action against malevolent payday lender highlights the benefits and power of individuals uniting in class action lawsuits

Successful consumer protection class action against malevolent payday lender highlights the benefits and power of individuals uniting in class action lawsuits

On Monday evening, the Public Justice Foundation held its 36th Annual Gala & Awards Dinner at the Denver Center for the Performing Arts. As part of the ceremony, Public Justice recognized victorious attorney efforts with its Trial Lawyer of the Year awards. This included a focus on and video describing Inetianbor v. Western Sky Financial. [Read more…]

Vitafusion B Complex Adult Vitamin Gummies May Expose Consumers to Unsafe Levels of Folate and Folic Acid

Vitafusion B Complex Adult Vitamin Gummies May Expose Consumers to Unsafe Levels of Folate and Folic Acid

Recent investigations into Church & Dwight Vitafusion B Complex Adult Vitamin Gummies allege there are unsafe and dangerous levels of folic acid in these dietary widely-used supplements. According to the Nutrition Business Journal, vitamin gummies now represent more than 10 percent of the U.S. health supplement market, and that share is projected to grow by over 50 percent in the next few years. Originally targeted at children, gummy vitamins have turned into a huge market for adults and seniors. [Read more…]

Lieff Cabraser Authors Amicus Brief Urging Rehearing in Ahearn v. Hyundai and Consumer Class Action Settlements

Lieff Cabraser Authors Amicus Brief Urging Rehearing in Ahearn V. Hyundai and Consumer Class Action Settlements

Three organizations joined the Impact Fund in filing an amicus brief with the Ninth Circuit urging reconsideration of a divided panel opinion in Ahearn v. Hyundai that overturned precedent and created a circuit split over the question of whether variations in state consumer laws can preclude national class action settlements. Lieff Cabraser wrote the brief on behalf of Public Justice, P.C., the National Association of Consumer Advocates, the National Consumer Law Center, and the Impact Fund. [Read more…]

Lieff Cabraser Announces That New University Study Finds Fitbit Charge 2 Can Underestimate Heart Rates by As Much As 30 BPM (UPDATED)

Lieff Cabraser Announces That New University Study Finds Fitbit Charge 2 Can Underestimate Heart Rates by As Much As 30 BPM

New Independent Study Confirms That Fitbit’s Heart Rate Monitors Are Highly Inaccurate

SAN FRANCISCO−A team of researchers from the University of Leeds (UK) and TSW xp LAB in Italy have published a new peer-reviewed study on the Fitbit Charge 2 fitness tracker that confirms findings in previous studies that the “PurePulse™” technology used in Fitbit’s popular fitness trackers can be extremely inaccurate during moderate and high-intensity exercise. [Read more…]

Lieff Cabraser Files Class Action Lawsuit Against eClinicalWorks for Fraud and Breach of Contract

Lieff Cabraser Files Class Action Lawsuit Against eClinicalWorks for Fraud and Breach of Contract

In late December 2017, Lieff Cabraser and co-counsel filed a class action fraud lawsuit against eClinicalWorks, a provider of electronic health record (“EHR”) software. The complaint charges eClinicalWorks with engaging in deceptive and fraudulent practices as well as breach of contract with regard to the company’s EHR offerings. [Read more…]

Complaints About Automated Robocalls Rose Dramatically in 2017

California Federal Judge Rules DIRECTV Cannot Avoid Robocall Lawsuit

A Federal Trade Commission (FTC) report reveals that consumer complaints about harassing unwanted automated telemarketing calls jumped significantly in 2017, and have quadrupled since 2009. There were a total of 4.5 million robocall complaints last year, and the agency received an additional 2.5 million complaints about live telemarketing calls; on average, the FTC received over 375,000 per month. [Read more…]

FCC Vote Reverses Network Neutrality Protections

FCC Vote Reverses Network Neutrality Protections

The Federal Communications Commission (FCC) has voted to repeal the net neutrality regulations that prohibited broadband providers from blocking websites or charging for higher-quality services and content. This action reverses 2015’s Open Internet Order set during the Obama administration. [Read more…]

Law360 Rising Star Profile: Lieff Cabraser’s Jason Lichtman

Law360 Rising Star Profile: Lieff Cabraser’s Jason Lichtman

Law360 has published an in-depth profile of Lieff Cabraser partner Jason L. Lichtman, named a Law360 Rising Star for 2017 for Consumer Protection. The profile highlights Mr. Lichtman’s most significant cases as well as his overall career “of standing up for the little guy,” including litigation against Samsung over exploding washing machines and against British Airways over accusations the airline duped passengers with inflated fuel surcharges. [Read more…]

Law360 Names Lin Chan and Jason Lichtman Rising Stars for 2017

Law360 Names Lin Chan and Jason Lichtman Rising Stars for 2017

We are delighted to announce that Law360 has selected two Lieff Cabraser attorneys as Rising Stars for the year 2017. Lieff Cabraser partner Lin Y. Chan has been selected as one of Law360’s Competition Rising Stars for 2017, and Jason L. Lichtman has been selected as a Consumer Protection Rising Star for 2017. [Read more…]

New CFPB Rule to Ban Companies From Using Arbitration Clauses to Block Class Action Lawsuits

New CFPB Rule to Ban Companies From Using Arbitration Clauses to Block Class Action Lawsuits

The Consumer Financial Protection Bureau (CFPB) has issued a new rule that will prevent companies from including language in arbitration agreements that would keep consumers from filing class action lawsuits. While companies can still mandate arbitration (as opposed to individual lawsuits) to resolve consumer disputes, they can no longer force consumers to surrender their rights to bring collective group actions when the conduct complained of affects many consumers in a similar fashion. [Read more…]

New Jersey Added to Growing List of States Considering “Right to Repair” Legislation

New Jersey Added to Growing List of States Considering “Right to Repair” Legislation

As reported by Motherboard, New Jersey assemblyman Paul Moriarty recently introduced a new bill known as the “Fair Repair Act,” passage of which would require electronics manufacturers who sell their products in New Jersey to sell gadget replacement parts to the general public, as well as to independent repair companies. New Jersey is the twelfth state to consider such legislation, which would work to end the stranglehold many tech manufacturing companies have on user repair efforts, requiring the purchasers of modern devices to come directly to the tech giants for repairs. [Read more…]

Number of Unauthorized Wells Fargo Bank Accounts Significantly Larger Than Initially Reported

Unauthorized Wells Fargo Bank Accounts Significantly Larger Than Initially Reported

Court documents included as part of an imminent class action settlement with Wells Fargo Bank indicate that the banking giant created 1.4 million more phony bank and credit card accounts than it had previously reported. As Law360 notes, “The San Francisco-based bank and a class of account holders estimate that between 2002 and 2017 Wells Fargo employees allegedly opened approximately 3.5 million unauthorized accounts, replacing the previous 2.1 million estimate.”
[Read more…]