Deceptive Business Practices
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.
Ally Financial is settling a class action that alleges it violated the rights of consumers who bought their vehicles at the ends of leases. The complaint claims that the company charged, or allowed dealers to charge, documentary or dealer fees at the end-of-lease purchase.
When Plaintiff Seth Newman booked a U-Haul truck to move his mother’s things to her new home, he was aware of U-Haul’s reservation guarantee: “When you make a truck or trailer reservation, we guarantee to provide you with the equipment, size, location, and pick up time as agreed. Should you not receive the equipment, size, location, and pick up time you agreed to, U-Haul will compensate you $50.” Unfortunately, the complaint for this class action says that U-Haul regularly fails to honor that guarantee.
Merchants must be able to accept credit cards, whether they’re small or large. But credit card processing services are both complex agreements and a significant expense. The complaint for this class action alleges that processor Worldpay US, Inc. uses the complexity of its agreements to breach its contracts and charge merchants more than they have agreed to pay.