Class Action Archive

Join me as I Submit my Verizon Cramming Settlement Claim

July 5th, 2012. By AbiK

Here we go. I’m starting to look at and submit my Verizon Cramming class action settlement claim and thought I’d bring you along for the ride. If you recall, I had a few of you join me for the experience of submitting a United Healthcare out-of-network claim (remember that one?)–and we had some good conversation going. Unfortunately, while some class action lawsuits have a pretty straightforward claim submission process, others do not; same goes for claims administrators—the folks who are court-appointed to manage the claims submission process—some seem to make things go easier than others. So here we go.

First off, some ground rules… Your situation may not be exactly like mine, but we’ll try to get through this together; and…DO NOT submit a claim here. You have to go to the claims administrator’s website to submit a claim–that website is www.verizonthirdpartybillingsettlement.com.

First question…

Am I part of the Verizon Cramming Class Action Settlement?

I know I’ve been a Verizon customer. But it takes more than that to be considered part of the “class”. Here’s a description of the class:

“All current and former Verizon landline customers who between April 27, 2005 to February 28, 2012 were billed for third-party charges submitted to Verizon by Billing Concepts Inc. a/k/a Billing Services Group Clearing Solutions or BSG d/b/a USBI and ZPDI, ACI Billing Services Inc. d/b/a OAN, Enhanced Services Billing, Inc. d/b/a ESBI, and HBS Billing Services Company (collectively, “Billing Concepts Inc.”), The Billing Resource d/b/a Integretel, The Billing Resource LLC (collectively, “The Billing Resource”), ILD Teleservices, Inc. (“ILD”), Transaction Clearing, LLC (“Transaction Clearing”); and PaymentOne Corp., d/b/a PaymentOne or Ebillit (“Payment One”).

You are not in the Settlement Class if:

• you were billed for only the following charges: (a) message telephone services (“MTS”) usage charges; (b) charges that relate to a change in the customer’s primary interexchange carrier (“PIC”); (c) charges billed by local telephone companies purchased from Verizon by Frontier Communications Corporation, FairPoint Communications, Inc., and Hawaiian Telcom; or
• you are a judicial officer to whom the Action is assigned; or
• you are the U.S. government or any State government or instrumentality thereof.”

 

Ok, so yes, I’ve been a Verizon landline customer during part of that time—though I can’t remember if I’d paid any third-party charges. And no, I’m not a judicial officer nor the U.S. government or any State government. We’re good—I can proceed.

Was I billed for any Third-Party Charges during the Verizon Cramming Class Period?

Well, sure as shootin’ I don’t remember every charge on every bill I ever paid during that time. Who would?

Now, I’ve read the instructions on the claim form that tell me… “You may submit a Flat Payment Claim for $40 or a Full Payment Claim for 100% of all unauthorized charges you paid.”

So I can either just submit a claim for the $40, or I can see if I’m actually due more according to the terms of the settlement—so long as I have a documentation to prove what third party charges I had.

Luckily, the claims administrator has made it relatively easy (I hope!) to find out what I may have been charged by a third party on my Verizon bills. All I have to do is fill out the form here in order to request “a free summary of all Third-Party Charges that you have been billed during the Class Period”.

Ahh, but of course nothing is that simple.

You need your basic name-address-phone info, but you also need the PIN number you received in the notification of the class action settlement that you should have received.

Given that I treat most mail (email, snail mail) from phone service providers as spam or junk, I probably did not retain the postcard that had the PIN on it. Actually, I KNOW I didn’t retain it. But, that PIN is needed…

So I’ve had to send an email to: , requesting further assistance.

It’s the first roadblock I’ve hit so far—but there seemed to be some help for it. We’ll see.

Back with more once I hear from the claims administrator—so stay tuned.

IMPORTANT: If, like me, you have misplaced or thrown away the Verizon cramming settlement notice, contact the Claims Administrator sooner than later! Claim forms are due on November 15, 2012 and if may take some time if you plan on requesting a free summary of your third party charges.

Tags: Class Action, Verizon, Verizon Cramming Class Action, Verizon Settlement, Verizon Third Party Charges
Posted in Class Action | 5 Comments »

LinkedIn Password Class Action Lawsuit (You knew it was coming…)

June 19th, 2012. By AbiK

You knew it was coming. Close to 6.5 million passwords get leaked and you know no one’s gonna sit quietly and think “all’s well that end’s well”. Uh-uh.

And so it is for LinkedIn. (Hey—perfect place for gratuitous LawyersandSettlements.com LinkedIn plug: follow us!)

Remember that security breach they announced on June 6th? The one where over six million passwords were “leaked” to a hash cracking website? The one where LinkedIn started deactivating accounts and sending out security advisory emails to its members? That one.

Well, there’s been a class action lawsuit filed against LinkedIn. Needless to say, it’s an internet privacy lawsuit.

According to the filing with the U.S. District Court – Northern California, LinkedIn failed to “properly safeguard its users’ digitally stored personally identifiable information, including e-mail addresses, passwords, and login credentials”. The lawsuit was filed by Katie Szpyrka, a Chicago-based senior associate at a real estate firm, who’s been a LinkedIn member since 2010 and who’s forked over the extra cash to become a “premium” LinkedIn member.

Since the LinkedIn password leak, there haven’t been any reports of any LinkedIn accounts being accessed without authorization, so no outright injury so to speak. But still, there was a security breach and, therefore, the lawsuit also seeks an injunction against LinkedIn, to ensure the social networking site does a better job of protecting members’ privacy.

Given the economy, and the latest jobless numbers, I’m betting the LinkedIn security breach won’t really affect their membership numbers—none of my contacts have been leaving in droves; in fact, they’re networking away. But we’ll see what happens as the LinkedIn class action lawsuit moves along…

Tags: Class Action Lawsuit, Internet Privacy, LinkedIn, LinkedIn Password, Online Security, Security Breach
Posted in Class Action, Internet/E-commerce, lawsuits | 2 Comments »

Oy Vey: Hebrew National Hot Dogs Class Action Alleges Kosher Fraud

June 19th, 2012. By AbiK

Whoever heard of such a thing? Hebrew National hot dogs not kosher? Who knew?

Well, those are the allegations in the recently filed class action lawsuit against Hebrew National hot dog maker, ConAgra Foods Inc. that alleges negligence and violations of state consumer fraud laws.

Yes, that Hebrew National—as in the brand mostly responsible for bringing Orthodox Jewish dietary law to the grocery shopping masses with the tagline “we answer to a higher authority”. And, unlike matzo at Passover, those Hebrew National franks stayed in the refrigerated section all year long!

Seems a group of consumers don’t think Hebrew National should be overstaying their welcome on store shelves if they’re not going to be kosher law-abiding citizens.

The group of eleven plaintiffs allege that Hebrew National shouldn’t be labeling their hot dogs and other products as “kosher” (indicated by the “triangle K” symbol) because, according to the lawsuit, ConAgra’s meat processing service—provided by AER Services, Inc.— does not have meat processing services that meet the standards necessary for a product to be labeled “kosher”.

Kosher products can often times sell at premium prices—the video above gives an idea on what’s involved in making meat kosher—and that’s part of the plaintiffs’ beef in this class action as well. By labeling the Hebrew National hot dogs as “kosher”, ConAgra was allegedly able to charge a premium, thereby misleading consumers into paying more for their franks.

According to a report from Reuters, the plaintiffs are seeking unspecified damages and an injunction against further mislabeling. They’re also seeking class action status for the lawsuit in which the Class would include U.S. purchasers of Hebrew National products over the last four years.

More to come…

Tags: AER Services, Class Action Lawsuit, ConAgra, Consumer Fraud, Hebrew National, Kosher Hot Dog Fraud
Posted in Class Action, Emerging Issues, lawsuits | 15 Comments »

CVS Lawsuit: No Sitting Down on the Job!

June 8th, 2012. By AbiK

Well, if the Eagles were to write a lyric for the decision in the CVS cashier seat lawsuit it might be “you can check out anytime you like, but I can never sit.” Or something like that.

Yes, a judge in California has ruled that CVS cashiers don’t have a right to a seat while they’re working the cash register. If you recall, both Wal-Mart and Home Depot were recently hit with similar labor law class action lawsuits—only in those cases it was over chairs for greeters, not cashiers.

In the Home Depot case, the court ruled in favor of the employees who brought the lawsuit; not so with CVS as the job of cashier does not “reasonably permit the use of a seat”. CVS also argued in its defense that they could not maintain the company’s commitment excellent customer service if cashiers were to be sitting down on the job (gives a whole new meaning to that phrase, huh?). I’m not sure what defines “excellent” customer service, but I guess sitting down might make it harder for CVS cashiers to go grab a pack of smokes for a customer or perhaps quickly bag toiletries.

The ‘sit on the job’ CVS lawsuit alleged violations of California’s 2004 Labor Code Private Attorneys General Act (aka the “Sue your Boss” law). The lawsuit was brought by former CVS employee Nykeya Kilby—who, btw, was terminated after working at CVS for eight months. Cause of termination: missing work. But the interesting thing here is that Kilby apparently never requested a chair while employed. Go figure.

So if you’re keeping score, it’s Greeters: 1, Cashiers: 0 —for now.

 

Tags: CVS Cashier, CVS Class Action, CVS Lawsuit, Home Depot, Labor Law, Labor Violation, Wal-Mart
Posted in Class Action, Employment | No Comments »

Oscillo Flu Relief Settlement Preliminary Approval: Here’s What To Do

May 26th, 2012. By AbiK

Remember this one? The Oscillo Flu Relief false advertising class action? Or, for those of you who can pronounce it, the Oscillococcinum class action lawsuit…which basically alleged that a couple of homeopathic ingredients and sugar may not actually do a blessed thing (expect perhaps a placebo effect) on curing or diminishing your flu symptoms.

Well, the class action lawsuit was actually against Boiron and it covered more than Oscillo. Now, it’s got a preliminary approval on its settlement. So here we go with the settlement details…

Am I part of the Oscillo Flu Relief Class Action Settlement?

You are if you purchased Oscillococcinum, Children’s Oscillococcinum, Arnicare, Quietude, Camilia, Coldcalm and ‘other products manufactured by Boiron’ between Jan. 1, 2000 and the present. You’re NOT a part of the class for this settlement if you were a California resident whose only purchase of a Boiron product was of Children’s Coldcalm in California after August 31, 2006.

What do I get as part of the Oscillo Flu Relief Class Action Settlement?

As with all class action settlements, the amount each class member receives will be contingent on how many claimants (ie, class members) submit a claim form. However, class members who file timely and valid claims (see below) are eligible to receive up to $100.00 per household.

For this settlement, a settlement fund of $5 million is being set up to pay claims to eligible Class Members, attorneys’ fees and costs, and the notice and claims administration costs. Boiron (the company that makes Oscillo) is also agreeing to make certain changes to the manner in which it advertises the products involved in the class action lawsuit.

What do I have to do now?

Here are your options to…

Submit a Claim: Do not submit a claim here at LawyersandSettlements.com. You can submit your Oscillo claim form at the claims administrator’s website here: http://www.gilardi.com/boironsettlement/FileClaim.

Otherwise, you will need to send in a completed claim form and, if available, proof of purchase of the applicable Boiron products you’ve purchased to the Claims Administrator (address shown below). Your claim must be postmarked no later than 45 days after the date the Court enters the Judgment.

The Court will hold a hearing on August 13, 2012 at 2:30 p.m. at the federal courthouse at 940 Front Street, Courtroom 11, San Diego, CA 92101, to consider final approval of the Boiron settlement, including payment of reasonable attorneys’ fees and costs to Class Counsel related to obtaining the settlement relief, an incentive award to each of the named Plaintiffs, and related issues.

Object to the Settlement: If you want to object to the Oscillo settlement you have to file a written statement with the Court and serve a copy on Class Counsel, Counsel for Defendants and the Claims Administrator, postmarked by July 14, 2012. Instructions for how to object are explained in the detailed notice at www.gilardi.com/boironsettlement.

Exclude yourself from the Settlement: If you do not want to be bound by the settlement, you must send a letter to the Claims Administrator at the address below requesting to be excluded. The letter must be postmarked by July 14, 2012. If you exclude yourself, you cannot receive a benefit from this settlement, but you can sue the manufacturer of the Products for the claims alleged in this lawsuit. If you do not exclude yourself from the settlement or do nothing, you will be bound by the Court’s decisions.

For more information and to obtain a detailed notice, claim form, list of Products, or other documents, visit www.gilardi.com/boironsettlement or call, toll-free, 877-256-3879, or write to Boiron Claims Administrator, P.O. Box 8060, San Rafael, CA 94912-8060.

Tags: Boiron, Class Action Lawsuit, Consumer Fraud, false advertising, Homeopathic remedy, Oscillo Flu Relief Settlement
Posted in Class Action, Consumer Fraud, Drugs/Medical, Emerging Issues, Settlement | No Comments »