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Unfair Services

Person Inserting Card in Processing Machine

When a small business accepts a card payment from a customer, it pays many different parties for the use of that payment method and the processing of the payment. The complaint for this class action alleges that PNC Merchant Services Company, LP adds an extra annual fee that it should not charge.

Customer Extending Credit Card to Payment Processing Device

Small business owners generally used payment processing companies to handle their customers’ credit or debit card payments. The complaint for this class action alleges that one such company, Northern Leasing Systems, Inc., “swindles” small business owners by hiding their services’ true costs and locking them in to contracts that they cannot cancel. The complaint brings suit under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA).

PHEAA Entrance

Plaintiff Arianne Gallagher finished law school in 2011. Since she took a public service job after that, she was eligible for certain programs to help her pay her student loans, but in the years since then, her loan total has grown to more than $160,000, her payments have ballooned from just over $800 to over $1,900, and her eligibility for forbearance has been exhausted. The complaint for this class action claims that this is the fault of poor performance by the loan servicer, the Pennsylvania Higher Education Assistance Agency (PHEAA).

West Creek Financial "No Credit Needed" Sign

Plaintiff Rawle Daisley believed he was entering into an agreement to pay $1,500 for a laptop and stereo speakers, free of finance charges as long as he paid the amount within ninety days. However, the complaint for this class action says he found he was being charged $2,700, with money being subtracted from his bank account every two weeks without his permission.

Cruise Ship

This settles a class action alleging that Marriott did not live up to the promises of its Exchange Program. The complaint alleges that people who booked cruises through International Cruise & Excursion Gallery, Inc. (ICE), Marriott Ownership Resorts, Inc., or Marriott Resorts Travel Company, Inc.

Dish Network Dish

Dish Network will pay out $2.7 million in settlement of a class action brought over its failure to provide Fox Sports Network (FSN) and FX programming over a period of time in October 2010. The class action alleged that the company had breached its contracts with subscribers and therefore owed them refunds. 

One of TSI's New York Sports Club Gyms

It’s understandable that companies aren’t happy about class actions filed against them. Some fight the charges; others change their procedures. But the complaint for this one alleges that Town Sports International (TSI) berated and/or barred two customers who filed one. Both this and the original class action claim that TSI sold “Passport” memberships that purported to offer membership to all of TSI’s gyms, but that members were still denied access to certain locations unless they paid additional fees. This complaint also appears to cite consumer protection statutes in more states.

Staples Store

Nearly $4 million will go to pay people who had Extended Services Plans (also known as Protection Plans) with Staples for the servicing of computers, laptops, netbooks, tablets, digital readers, printers, shredders, digital cameras, and other electronic devices.

Floating on Water

Plaintiff Michael Marko called Reservations.com and booked three hotel rooms in Paducah, Kentucky for December 8-10, 2016. According to the complaint, he gave Reservations.com a payment method and they made the reservation, but he never received a confirmation or receipt. He had no idea, he claims, that he had been charged a $14.99 fee for each of the three rooms he’d booked. Later, when he tried to cancel one of the rooms, he was not permitted to, even though he claims to have fulfilled all the requirements.

Stages of Beauty Product

Stages of Beauty’s website sells skin improvement products designed for specific decades of life and offers to deliver products on a subscription basis as well. However, Plaintiff Matthew Lopez claims that the company does not follow California law regarding the automatic renewal of subscriptions. The laws require the following: Before the consumer clicks the button to agree to a company’s subscription agreement, the company must present the automatic renewal terms in a “clear and conspicuous manner … in visual proximity” to the request for agreement. Before charging a customer’s credit or debit card for an automatic renewal, the company must get the consumer’s affirmative consent. The company must also provide an acknowledgement that contains the terms, the cancellation policy, and information on how to cancel the subscription, in a way that can be retained by the consumer.

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