Deceptive Business Practices
Vertical Fitness Group, LLC runs gyms in Wisconsin called Xperience Fitness which offer monthly memberships and personal training. At issue in this class action are what the complaint alleges are “fraudulent billing practices,” falling under the provisions of the Electronic Funds Transfer Act (EFTA) and Wisconsin state law on Fitness Center and Weight Reduction Center Contracts.
While an entity is in bankruptcy proceedings, assets may be held by a bank or other entity to protect and conserve them so that the bankruptcy can be properly resolved. But the complaint for this class action alleges that Rabobank USA Financial Corporation (which does business as Rabobank, NA) and Bankruptcy Management Solutions, Inc. (BMS), among others, charged excessive fees that were not appropriate for the level of services provided.
What happens when a company sucks the profits from another entity, which piles up debt and environmental messes, then claims that it can’t pay up? In the case of PPL Corporation and its related companies, what happened was this class action. The complaint claims that PPL bought utility assets, took the profits from deregulation and sales, made fraudulent transfers of assets, and is now leaving taxpayers, retirement plan participants, and lenders stuck with the resulting liabilities.
Sleepy’s, LLC and CMC Acquisition Corp., doing business as Capital Marketing Concepts, Inc., have agreed to settle a class action involving Sleepy’s gift cards. The cards were offered for promotional purposes as part of certain qualifying purchases made at retail locations in Massachusetts or online for delivery in Massachusetts.
MGM Resorts International and Costco are settling a class action alleging that the companies violated the Electronic Funds Transfer Act as well as state laws by charging inactivity fees on their gift cards.
Dashub, LLC is an automobile dealership that provides the service of bidding at vehicle auctions for would-be individual buyers. But the complaint for this class action claims that Dashub falsifies the amount it pays for the vehicles, thereby breaching its contracts and violating New York’s General Business Law. The complaint alleges the company also separately violates the state’s Vehicle and Traffic Law.
The content of consumer reports matters. As this complaint states, “Employers, lenders, and landlords use consumer reports to screen applicants, borrowers, and tenants. They use the reports to deny people jobs, credit, housing, and access to other means by which to live.” The complaint claims that Deverus, Inc. violated the Fair Credit Reporting Act (FCRA) by maintaining adverse information on its credit reports that was more than seven years old.
A number of customers have brought class actions against banks alleging unfair overdraft fees, but leave it to Wells Fargo to expand this to yet another kind of wrong: non-sufficient fund (NSF) fees and overdraft (OD) fees assessed on a single transaction. The complaint for this class action alleges that goes against bank agreements as well as reasonable consumer expectations.
There are many ways to take customers away from rivals, but fraud should not be one of them. The complaint for this class action claims that Alarm Protection Technology, LLC (APT) makes a practice of lying to customers of other companies in order to get them to switch to APT services. For example, it said that SSI had gone out of business, that it had assigned their accounts to APT, that SSI could no longer properly monitor their alarms, or that SSI no longer served their area.
When is a debit card not a debit card? According to the complaint for this class action, Target debit cards are not because they do not play by the rules followed by other debit cards. In fact, the complaint claims, the Target card is more like a “shrouded electronic check” in that there is no direct linkage to the customer’s account at the time of use and no rejection of transactions for insufficient funds.