Consumer

“The [Telephone Consumer Protection Act (TCPA)] was designed to protect consumers from excessive, unwanted nuisance calls, exactly like the text messages alleged in this complaint.” So says the complaint for this class action, which claims that DSW Shoe Warehouse, Inc. sent unwanted telemarketing messages to consumers without first getting their permission.

How does sales tax work with software, since it sells under different terms, such as licenses? The complaint for this class action alleges that Claris International, Inc. wrongly charges sales tax on its software products. The complaint alleges that Claris has violated Illinois state laws, including the Consumer Fraud and Deceptive Business Practices Act, among other things.

Fisher-Price, Inc. makes a product called the Rock ’n Play Sleeper which purports to be appropriate for babies to sleep in for an extended period or even overnight. But the complaint for this class action alleges that babies left to sleep on it have been injured or died, and that the product is not in fact safe for its advertised purpose. It sues Fisher-Price and its parent company Mattel, Inc. for selling a product they knew or should have known was dangerous.

The Telephone Consumer Protection Act (TCPA) lays out requirements for how advertisers can obtain permission to send customers telemarketing messages. However, the complaint for this class action claims that Boll & Branch obtains consumer numbers even from a simple call to their 800 number and doesn’t bother about permission.

A number of banks have been sued recently for charging multiple non-sufficient funds fees on a single item. In this case, the complaint alleges that it’s Alaska USA Federal Credit Union that has been charging the multiple fees, even though the complaint says its account documents do not permit it to do so.

This class action is one in a number of recent ones that take issue with ice creams labeled as being “vanilla” flavor, or containing “vanilla” ice cream. Vanilla is the second more expensive flavoring in the world (after saffron), and the complaints allege that companies are finding ways to get around labeling laws. In this case, the complaint alleges that Aldi, Inc. deceptively labels some of its vanilla ice creams in its Belmont and Sundae Shoppe lines.

Trader Joe’s is generally considered an upscale place to buy food. However, the complaint for this class action alleges that the company sells poultry with “excess retained water,” in violation of federal law. The complaint alleges breaches of warranties, negligent and intentional misrepresentation, fraudulent omissions, and the violations of California consumer protection laws.

If you contemplate buying something from a company, and fill out your information on their website, but do not complete the purchase, does that constitute “consent” to receive text messages from them? No, says the complaint for this class action. It alleges that 1Up Nutrition, LLC simply takes consumer phone numbers entered on its website and sends them telemarketing texts.

Laboratory Corporation of America (LCA), Quest Diagnostics Incorporated, and Optum360 Services, Inc. have recently been hit with class actions related to a data breach of their debt collector’s systems. This is another such case, with a new legal name for the debt collector: Retrieval Masters Creditors Bureau, Inc. (RMCB), usually referred to as American Medical Collection Agency. 

Ford Motor Company has been hit by a number of class actions lately about allegedly false fuel economy ratings for some of its vehicles. This class action is not about that. The complaint alleges that Ford Explorers have defective aluminum hoods that prematurely corrode or experience bubbling and damage to the paint on them.