Class Actions Blog

Another bank tries to settle excessive overdraft class action

Posted on: December 3rd, 2010 by Steve Larson

A federal court in Chicago has begun notifying current and former bank account customers of Fifth Third Bank of a proposed $9.5 million class action settlement.  A lawsuit filed in the U.S. District Court in Northern Illinois claims Fifth Third improperly assessed overdraft fees for insufficient funds on debit card purchases and ATM withdrawals by “re-sequencing” transactions to maximize the number of overdraft fees. The bank has denied the lawsuit’s claims. Read more…

FarmVille creator Zynga sued in class action for illegally sharing Facebook user data

Posted on: December 1st, 2010 by Steve Larson

A class-action lawsuit was filed in November in a federal court in San Francisco accusing FarmVille creator Zynga of “illegally sharing the Facebook user data of its customers with advertisers and data brokers.”  The lawsuit alleges Zynga violated federal law and its contract with Facebook by sharing the user data of players on games such as FarmVille.  The lawsuit seeks “monetary relief” for those affected as well as an injunction to “prevent continued privacy abuses”. Read more…

Judge keeps bulk of Toyota consumer suit intact

Posted on: November 29th, 2010 by Steve Larson

A federal judge tentatively ruled on Friday, November 19, 2010, that he would leave intact the bulk of a consumer class-action case against Toyota seeking damages for economic losses stemming from complaints about cars that raced out of control.  U.S District Judge James Selna in Santa Ana, California, held that Toyota car owners stand to recover any compensation awarded under the lawsuit for lost resale value regardless of whether they personally experienced sudden unintended acceleration.  The ruling means the prospective consumer class will approximate 40 million individuals, although no class has been certified yet. Read more…

Oral argument heard in AT&T Mobility v. Concepcion

Posted on: November 19th, 2010 by Steve Larson

The US Supreme Court heard oral argument in the AT&T Mobility v. Concepcion case on November 10, 2010.  As we explained earlier on this blog, the class action complaint alleged that AT&T misleadingly offered a “free” phone to consumers, then charged consumers sales tax for “free” phones.  AT&T demanded individual arbitration, relying on a provision in the contract that prohibited class actions.  Both the district court and the Ninth Circuit ruled for the plaintiff by holding that the provision prohibiting class actions was unconscionable under California law.  AT&T asked the US Supreme Court to consider whether Section 2 of the Federal Arbitration Act pre-empts state law on the unconscionability of class action arbitration waivers. Read more…

Twenty five amicus briefs filed in AT&T Mobility v. Concepcion

Posted on: November 8th, 2010 by Steve Larson

Twenty five different amicus briefs were filed in the AT&T Mobility v. Concepcion case.  As mentioned earlier in this blog, the Concepcion case presents the issue of whether states retain authority to apply general principles of contract interpretation to class action waivers found in arbitration agreements. Read more…

AT&T Mobility v. Concepcion argument on November 9, 2010

Posted on: November 8th, 2010 by Steve Larson

The argument in the AT&T Mobility v. Concepcion case scheduled for later this week is starting to generate some attention.  Click this link to see the LA Times article published on November 5, 2010.,0,639054.column

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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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