Class Actions Blog

Judge allows text-spam class action to proceed against Google

Posted on: May 18th, 2012 by Steve Larson

A federal judge has rejected a request by Google to delay a potential class action lawsuit alleging that its social apps company Slide violated a consumer protection law by sending SMS messages without the recipient’s consent.

Google had asked U.S. District Court Judge Yvonne Gonzalez Rogers in Oakland, California to stay the lawsuit pending a decision by the Federal Communications Commission about how to interpret the Telephone Consumer Protection Act.  Judge Rogers said in a written opinion that delaying the lawsuit against Google was not appropriate.  “The court is not convinced that the FCC has agreed to issue a ruling, let alone issue a ruling on an expedited basis.” Read more…

BP oil spill class action settlement gets preliminary approval

Posted on: May 17th, 2012 by Steve Larson

A federal judge on May 2, 2012, preliminarily approved a proposed class action settlement that would resolve billions of dollars in claims against BP over the 2010 oil spill in the Gulf of Mexico.

U.S. District Judge Carl Barbier’s ruling set a “fairness hearing” on November 8, 2012, to decide whether to give his final approval to the deal between London-based BP PLC and a team of plaintiffs’ attorneys.

The proposed settlement doesn’t have a cap, but BP estimates it will pay about $7.8 billion to resolve more than 100,000 claims by people and businesses who blame the spill for economic losses. Read more…

NLRB sues 24 Hour Fitness for seeking to enforce class action ban

Posted on: May 16th, 2012 by Steve Larson

The National Labor Relations board announced it is charging 24 Hour Fitness USA Inc. with violating federal law by insisting all employment-related disputes be resolved by individual arbitration.  In a statement issued April 30, the NLRB said the San Ramon, California-based company, which operates fitness centers across the country, requires employees to agree in writing as a condition of employment to forego any rights to collective or class action lawsuits or arbitrations.  This violates the National Labor Relations Act, according to the complaint issued by the agency’s San Francisco regional office. Read more…

Federal court certifies class action against BancorpSouth Bank

Posted on: May 15th, 2012 by Steve Larson

Judge King in the southern district of Florida certified a class action against BancorpSouth Bank.  The bank is one of the dozens of banks with cases pending against it in the southern district of Florida, which were transferred there by the Multi-District Litigation Panel.  I have mentioned these cases several times in posts on this blog.

The class is defined as follows: 

 All BancorpSouth Bank customers in the United States who, within the applicable statute of limitations preceding the filing of this action to August 13, 2010 (the class period), maintained a non-commercial account, and incurred an overdraft fee as a result of BancorpSouth’s practice of re-sequencing debit card transactions from highest to lowest dollar amount. Read more…

Citibank faces class action over student loan scheme

Posted on: May 14th, 2012 by Steve Larson

Citibank, Discover Bank and The Student Loan Corporation are tricking former students into believing that their monthly payments have been cut when in fact only the payment toward principal has been lowered, generating greater interest income for the banks over the longer life of the loan, according to a complaint filed in federal court.  Lead plaintiff Justin Kuehn, who is paying off four student loans, claims the defendants “are engaged in a scheme to collect additional interest at the expense of borrowers of student loans.”

Mr. Kuehn claims the defendants are systematically breaching contracts and violating general business law. Read more…

Class certification denial in New Jersey Rite Aid case reversed

Posted on: May 11th, 2012 by Steve Larson

In a March 27, 2012 per curiam decision, the Superior Court of New Jersey, Appellate Division, reversed a trial court order denying class certification in the complaint captioned Jennifer Hearn, Individually and on Behalf of All Others Similarly Situated, Plaintiff-Appellant v. Rite Aid Corporation, and Rite Aid of New Jersey, Defendants-Respondents, Case No. A-2009-10T1 (N.J. Sup.Ct.).

The plaintiff represented a purported class of assistant store managers (ASMs) employed at Rite Aid pharmacies since May 4, 2006.  The complaint, filed in 2006, alleges violations of the New Jersey Wage and Hour Law and the New Jersey Law Against Discrimination.  Plaintiff moved for class certification in May 2010. Read more…

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This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

About the author

  • Steve Larson

  • Steve Larson
  • Steve Larson has been representing investors, consumers and employees in class actions in Oregon for over 20 years. He is a shareholder at the law firm of Stoll Berne in Portland, Oregon.
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