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Unlawful Charges

Xperience Fitness Gym in Wisconsin

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.

Algarita Lakeside Apartments

Can landlords set penalties for late rent payments at whatever level they think is right? The complaint for this class action says, “Not in Texas,” and compares the charges of Firmus Management and Construction with the provisions for late fees in the Texas Property Code.

Crossing with Sign: "Red Light Photo Enforced"

The complaint for this class action alleges that American Traffic Solutions, Inc. (ATS) is unjustly enriching itself by charging those who run red lights a surcharge on traffic fines incurred in Florida, because the Florida Motor Vehicle Code prohibits commissions on violations or fees based on the number of violations. 

Google "G" Logo

Google is putting up $11 million to settle a class action alleging that when it terminated AdSense publishers for alleged breach of contract, it did not return unpaid amounts in their accounts. The complaint claims that withholding these funds breaches the implied covenant of good faith and fair dealing.  

Chicago Title Logo

Chicago Title Insurance Company has agreed to settle a class action alleging that in some residential mortgage transactions, it failed to charge the discounted refinance rate for lenders’ title insurance policies. 

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.

Archstone Apartment Complex with Swimming Pool

Archstone Communities, LLC, ASN Warner Center, LLC, and Archstone Long Beach, LP have agreed to settle a class action alleging that their affiliated California apartment communities automatically charged tenants for cleaning, painting, carpet cleaning, or carpet replacement when they moved out, regardless of the condition of the apartment.

Burger King Croissanwich

Burger King is settling a lawsuit alleging that certain of its restaurants charged higher prices for two modified Croissanwich breakfast sandwiches when customers used a buy-one-get-one-free coupon than they would have if they’d bought a single unmodified Croissanwich without a coupon. 

Building of Lincoln National Life Ins Co

Plaintiff Robert M. Randolph bought a universal life insurance policy which is held in a trust for the benefit of his wife, Stephanie W. Randolph. But the complaint for this class action alleges that Lincoln has committed unfair and unlawful acts, including billing for incorrect premiums, collecting “premium load charges,” using deceptive illustrations, charging unlawful cost of insurance (COI) increases, and applying “shock premiums” or “hostage premiums” in hoping of making customers drop their policies after years of payments. The complaint claims that Lincoln has committed breach of contract and violated Texas insurance laws.

Capital One Logo

Under the Maryland Credit Grantor Closed End Credit Provisions (CLEC), creditors are not allowed to collect fees, charges, or interest not specifically provided for in CLEC. According to the complaint for this class action, that means that the convenience fees charged to plaintiff Ella Brown when she paid her car loan over the telephone, with a live representative, were illegal.