14-Jan-2012

It has been alleged that some management companies and apartment buildings are not returning tenants’ security deposits to them within the required 21 days from the date the lease ends.  Also, if and when they are returned, it is alleged that many companies are retaining monies for items such as “normal wear and tear,” which is contrary to California law.  If you believe your security deposit was returned to you after the statutory period or if you did not receive the amount to which you were entitled, you may be able to join a class action lawsuit to recover damages.

14-Dec-2011

Numerous complaints have been made regarding Tagged.com’s practice of deceptively registering new users through spam emails and failing to give these new users the ability to deactivate their accounts once they have been created.  When a user visits Tagged.com they are prompted to provide their email address and password in order to create an account, thereafter Tagged.com pilfers the user’s email address book and sends out mass solicitation messages to all addresses listed.  Posing as personal communication from the user, Tagged.com informs the recipient that a Tagged.com user wishes to share photos with them and prompts them to provide personal information, including their email address and password, in order to view them. Upon providing the information the recipient of the solicitation email finds that no such photos exist and that a new Tagged.com account has been created in their name which cannot be deactivated.  If you registered or interacted with Tagged and had this happen to you, you may be able to join a class action lawsuit to recover damages.

23-Nov-2011

Capital One sends consumers solicitations if they meet specific criteria for their credit card.  This solicitation promises individuals a fixed Annual Percentage Rate (“APR”) on balance transfers and purchases.  However, it is alleged that once consumers sign up for the card, Capital One, subsequently changes the fixed APR that it had previously disclosed, contrary to the terms and conditions contained in the solicitation materials it sent to the potential consumers.  A Federal Appeals Court has recently decided that credit card companies cannot send customers an offer for a “fixed” rate credit card and then subsequently increase the rate on that credit card for any reason not also specifically stated in the offer. This means that if a consumer accepted an offer with the word “fixed,” they may be able to join a class action lawsuit to get their money back if the bank subsequently increased their interest rate.

23-Nov-2011

Prepaid phone cards, which are purchased for a set dollar amount and enable users to call domestic and international destinations, applying the value of the card towards the phone call. These cards are used heavily by immigrant populations attempting to call friends and family from their home countries. The companies allegedly misrepresented the amount of call minutes a user actually receives from their phone calling cards and failed to adequately disclose excessive fees which drastically reduce the real number of calling minutes contained on calling cards.  Allegedly these fees reduce the number of available minutes on the card as well as the actual dollar value of the card.  Allegedly, minutes are billed in three minute increments, thus a one second call counts as three minutes; likewise a three minute and one second call counts as six minutes.  Examples of companies alleged to utilize these practices are: Millennium Telecard, Inc., Coleccion Latina, Inc., and Telecard Center, USA, Inc.  They are alleged to have sold phone cards under such names as: “Limón,” “Hola Amigo,” Bonjour Africa,” and “Viva Ecuador.” If you purchased a phone card from one of these companies and incurred excessive, undisclosed fees, you may be able to join a class action lawsuit to recover damages.

23-Nov-2011

If you refinance your home with a new home loan, at the close of escrow, it is alleged that it is the policy of many banks to calculate the payoff one business day after the close.  This means that every refinance overlaps by three days.  During these three days, customers are paying interest on both the old and new loans.  This hidden cost is unknown by most customers. Allegedly, banks such as Wells Fargo have done this with their Home Affordable Refinance Program (“HARP”).  If you have refinanced a loan, you may be able to participate in a class action lawsuit to recover damages.

23-Nov-2011

Consumers have alleged that Four Seasons Residence Club Aviara timeshares were purchased based upon false and misleading information.  Purchasers allege that after purchasing the Carlsbad, California timeshare, that even when calling 12 months in advance (as early as possible), getting a reservation is impossible.  They believe this is due to overselling.  It is also alleged that annual fees have steadily risen to approximately $2200, but credits remain at $1750.  Also, the ownership of the adjacent hotel has changed from Four Seasons to Hyatt.  Further, purchasers claim they were told they would be able to exchange with other Four Seasons Residence Clubs, despite not being able to so.  For example, some promised locations were never built (Maui & France) and others are impossible to get into (Jackson Hole).  If you purchased a Four Seasons Residence Club Aviara timeshare and have been unable to book or exchange as promised, you may be able to join a class action lawsuit to recover damages.

21-Nov-2011

The fad HCG diet combines extreme calorie restrictions with placing drops of a hormone produced by pregnant women called human chorionic gonadotropin (“HCG”) under the tongue each day.  This HCG Diet has grown in popularity in the United States.  As the popularity of this diet grows, numerous brands of both pharmaceutical and homeopathic HCG drops have appeared on the market. Some examples of such brands are: HCG 1234, Easy HCG, My HCG, HCG Activation, and many others.  Despite its popularity, it is alleged that no scientific evidence supports the assertion that HCG suppresses appetite and aids dieters.  If you have purchased HCG drops to suppress your appetite and/or aid weight loss and were not satisfied with the results, you may be able to join a class action lawsuit to recover damages.

16-Nov-2011

Consumers have alleged that large areas of black mold and other areas of white spots and discoloration have appeared on their TimberTech decking after only one year. Consumers have further alleged that it appears to be happening where there is direct sun exposure, despite TimerTech’s claims that it is “engineered for maximum scratch, mildew and stain resistance, and a luxurious appearance.”  Consumers claim that even “after trying to clean them with water, soap/water and then one of the cleaners recommended on [T]imbertech's website we realized that this was not coming off.” In fact, it is alleged some suppliers have stopped carrying this product because of too many customer complaints.  If your TimberTech decking has white or black spots or has experienced discoloration, you may be able to join a class action lawsuit and recover damages.

16-Nov-2011

Insurance companies handling life insurance polices for veterans and others have been alleged to have adopted a practice of issuing “checkbooks” to survivors instead of paying them a lump sum under the name “retained-asset accounts.” The insurance companies allegedly do not place this money in FDIC insured accounts, but rather hold it in a general corporate account, earning high interest rates that are not passed along to the survivor.  Because the accounts are not FDIC insured, all guarantees are subject to the financial strength and claims-paying ability of the insurance company.  Moreover, these “checks” are often rejected by retailers because they are drafts (or IOUs) issued by the insurance company, despite appearing to be checks coming from a bank.  This quasi-banking system is thus unregulated and has none of the protections of the actual banking system.  There are no safeguards in place to prevent a bank run if people pull their money from the retained-asset accounts.  Examples of companies alleged to practice this are Prudential Financial Inc., MetLife Inc., Phoenix Life Insurance Co., Mony Life Insurance Co. (now owned by Axa SA) and Unum Group.  This practice is alleged to be commonly used to profit from the families of fallen soldiers because Prudential handles life insurance for the Department of Veterans Affairs.  The families of soldiers killed in active duty are allegedly defrauded into placing their money in retained-assets accounts.  If you are a veteran, the beneficiary of a fallen solider, and/or have a retained-asset account with a life insurance company and were unaware that it is not FDIC insured and that the company was making profits off your account, you may be able to pursue a legal action against it.

25-Oct-2010

The Consumer Products Safety Commission has recalled numerous models and brands of drop side cribs due to safety hazards. The crib's drop-side rail can malfunction, detach or otherwise fail, causing part of the drop-side to detach from the crib. When the drop-side rail partially detaches, it creates a space between the drop side and the crib mattress. An infant or toddler's body can become entrapped in the space, which can lead to strangulation and/or suffocation. A child can also fall out of the crib. The recalls have resulted in manufacturers sending out kits that convert the drop side cribs into fixed side cribs. This has left hundreds of thousands of customers who purchased those more expensive cribs with cribs that no longer have a drop side feature. Several lawsuits have been filed to make manufacturers either fix these crib designs so that they once again work as a drop side crib and/or to recover money for customers.

05-Aug-2010

A Federal Appeals Court has recently decided that credit card companies cannot send customers an offer for a “fixed” rate credit card and then subsequently increase the rate on that credit card for any reason not also specifically stated in the offer. This means that if a consumer accepted an offer with the word “fixed”, they may be able to join a class action lawsuit to get their money back if the bank subsequently increased their interest rate.

16-Jun-2010

A lawsuit has been filed alleging that AT&T and Apple deceptively marketed the iPad 3G all the while knowing that the Unlimited Data Plan being advertised was soon to be discontinued by AT&T. Both Apple and AT&T promised purchasers of the iPad 3G that they would be able to, without any contract commitment, chnage back and forth from having no data plan, a llimited data plan or an unlimited plan. Just weeks after the iPad 3G went on sale, however, AT&T announced that it was discontinuing its unlimited data plan as of June 7, 2010 and replacing it with a data plan limited to 2GB of data.

19-May-2010

A lawsuit has been filed alleging that Americrete decorative concrete coating, applied to outdoor concrete patios, driveways and pool decks failed, faded, delaminated and peeled off. The plaintiff in the case alleged that the Americrete coating was not fit for its intended purpose, and that the plaintiff was harmed as a result.

12-May-2010

A rental customer parked a rented vehicle facing uphill on a steep driveway, and placed the gear selector in “Park.”  As he was re-entering the vehicle, it began rolling backward down the driveway, still in “Park.”  The customer attempted to steer the vehicle so that it wouldn’t roll into a busy highway, but as the vehicle turned, he was crushed between the open door and a telephone pole, suffering injuries which led to the amputations of both legs and much of his left arm, and severe internal injuries.  Post accident investigation disclosed that a tooth on the parking gear in the transmission had fractured at a notch at the tooth root, damaging the parking gear pawl assembly and allowing the transmission to roll as if it was in neutral.  The manufacturer of the vehicle had been aware for at least two years before the accident that many of the parking gears manufactured at one of its overseas plants had a notch at the gear tooth due to an improperly profiled manufacturing tool, that there had been numerous instances of the gear failing and the vehicles rolling while the transmission was in “Park.”  If you had a vehicle roll while in “Park,” it may have been the result of such defect.

01-May-2010

Over 29 children have been killed and many others injured when metal soccer goals have tipped over because of improper design and/or manufacture. Although this hazard is well known to the goal manufacturers and retailers, they have failed to take any corrective measures to prevent this type of foreseeable incident from occurring. If you have information regarding this issue or own a soccer goal that you think might be dangerous, you many have a right to be involved in this issue.

Apartment Buildings Retain Security Deposits Contrary to California Law

Tagged.com Accused of Deceptively Registering Non-Users

Capital One’s False and Misleading Solicitations Offer Low Fixed APRs

Companies Accused of False Advertising of Long Distance Phone Cards

Hidden Costs: Banks Charge Double Interest Overlap on Loan Refinance