Consumer Fraud Archive
Occupy Movement Alive & Well beside Ben & The Boss in Philly
April 19th, 2012. By AbiK
It’s hard to put into words the feeling you get as you walk through Independence Mall in the heart of Philadelphia and reflect upon the fact that you’re not only walking past Ben Franklin’s grave, but also across the very ground that George Washington, Thomas Jefferson, John Adams, Alexander Hamilton and so many others once trod. All in the name of independence. It’s beyond breathtaking—no matter how many times you make the trek.
Right now, however, that hallowed ground holds even more meaning—particularly as 2012 marks the 225th anniversary of the US Constitution and celebratory exhibits fill the National Constitution Center, which sits just opposite Independence Hall where both the Declaration of Independence and the US Constitution were originally signed. Special exhibits in the Center currently include one with personal artifacts from The Boss, himself: “From Asbury Park to the Promised Land – The Life and Music of Bruce Springsteen”. Independence Mall, however, is also where Occupy Philly is stationed. Still. And the significance is surely not lost on anyone.
Most people probably think Occupy Philly, along with all the other Occupiers, simply rolled up their sleeping bags and headed for working toilets at home. Sure, there’d be the die-hards whipping out their MSR Reactor Stove Systems for yet another ramen noodle-based dinner, but the rest of them? Gone, right?
Well, yes—but no.
Turns out the Occupiers don’t like freezing their tails off. Valley Forge this is not, after all. And so after moving to remote locales and continuing to stoke the fires of discontent, they’re back.
As with the pre-winter Occupy movement, it’s hard to find the bullseye issue—sure, it’s about corporate greed, corporate involvement in politics, the mortgage crisis and foreclosures, predatory lending, racial inequality, the economy, unemployment, disproportionate tax burdens—collectively summed up by the symbolic moniker of the masses: the 99%.
But any one of those issues could stand on its own as a cause celebre. And that’s been the challenge for the Occupy movement from the get-go—which issue is so central, so quintessential, that it could serve as the key rallying cry? It’s more or less the philosophical version of “jack of all trades, master of none”. And yet, in its ambiguity, there is indeed clarity—that something is very wrong in this country right now.
On the day that I visited Independence Mall (and Hall), there were only a few Occupiers out on the lawn—that’s them in the picture above (see more pics on our Facebook page). Their main focus: Wells-Fargo, the bank that’s surely seen its name in print a few times on LawyersandSettlements.com. Their primary beef: Wells-Fargo outpaces any other Philadelphia bank when it comes to foreclosures—this, after getting bailed out by the government to the tune of $25 billion.
The group, PHARE (Philadelphians Allied for a Responsible Economy) —from #OccupyPhilly—has flyers circulating that invite you to “Join us in taking Wells Fargo to Trial”: June 13, 2012 at 9:00 a.m., Municipal Court, 1301 Filbert Street” in Philly. If you’re in town, you might want to stop by.
So Occupy Philly is indeed back—along with the peonies and clematis. And much like those perennials, the movement appears ready to keep coming back. But after all, when freedom is calling, don’t we all come back to it?
Online Dating: A Sex Offender’s Dream Meet and Greet, Till Now
April 3rd, 2012. By AbiK
- T-shirt available at AllPosters.com
Dating in the real world is hard—you know, you have to try to look half-decent and then there’s the conversation bit—trying to sound both interesting and intelligent with a dose of humor thrown in. Not easy. Particularly if the chemistry just ain’t there. Enter online dating. It’s just easier, right? Stick a profile out there—write it up when you’re at your wittiest, have some friends edit it, find some pics and photoshop them, and you’re good to go. Be the best date prospect you can be because it’s all, well, massaged—the way an ad campaign is.
But here’s the thing. If you can do it—in essence, perpetrate a bit of ‘online fraud’—guess who else can put their best self forward on online dating sites? Sex offenders. And you thought canceled or inactive subscribers was bad!
That’s hopefully about to change. Thanks to attorney Mark Webb and California state attorney general, Kamala Harris, three of the larger online dating sites have agreed to provide online safety tools for daters including: checking subscribers against the national sex offender registries; providing an abuse reporting system for site members; providing proactive education about safe online dating practices; and providing tips on how to safely meet someone offline–as, after all, that’s the goal of an online meetup.
According to a release from the attorney general’s office, “In 2011, 40 million Americans used an online dating service and spent more than $1 billion on online dating website memberships. Of couples married in the last three years, one in six met through an online dating service and one in five people have dated someone they met through an online dating site.”
Given those numbers, it’s no surprise that online dating sites are a natural lure for those seeking a mate. Apparently, that’s what the woman at the root of these changes thought when she became a rape victim while on a date that began as a Match.com meetup.
The victim, known only as Jane Doe from Los Angeles, was on the Match.com-arranged date when she was raped. She found out later that her date was a convicted serial sex offender. Amazingly, in her subsequent Match.com lawsuit (Jane Doe vs. Match.com, Los Angeles Superior Court Case #BC458927) she only sought for Match.com to screen out sex offenders and she waived her right to compensatory damages. She just wanted to spare others from what she’d been through.
Of note as well, her attorney, Mark Webb took on her case pro bono.
In addition to Match.com, the online dating sites who agreed to the above terms include eHarmony.com and Spark Networks (which operates online dating sites including JDate and ChristianMingle).
Reebok Toning Shoes Settlement Claim Forms Due Soon
March 30th, 2012. By AbiK
If you were one of those fitness lovers who drank the Reebok toning shoe Kool-Aid® only to find out there was a Reebok Toning Shoe Class Action Lawsuit, well, the deadline to get your claim form in for the Reebok Toning Shoe Settlement is fast upon us, so listen up!
Why was there a Reebok Toning Shoes Class Action Lawsuit in the first place?
Basically, false advertising—Reebok claimed their toning shoes and apparel would work wonders (surprise, surprise) and the folks who bought them felt otherwise; some even claimed they were injured by the shoes. Needless to say, Reebok denies all wrongdoing. The Court did not decide which side was right. Rather, the parties have decided to settle. So here we are.
Am I part of the Reebok Toning Shoes Class Action Lawsuit?
Darn right you are if you purchased any of the following from Reebok and/or its authorized retailers and wholesalers from December 5, 2008 through October 12, 2011, and meet any other qualifications specified on the settlement notice:
Reebok Toning Shoes (aka “Eligible Shoes”)
- EasyTone
- EasyTone Flip
- RunTone
- TrainTone
- JumpTone
- SimplyTone
- SlimTone
Reebok Toning Apparel (aka “Eligible Apparel”)
- EasyTone Capri
- EasyTone Pants
- EasyTone Shorts
- EasyTone Long Bra Top
- EasyTone Sleeveless Shirt
- EasyTone Short Sleeve Top
How much is the Reebok Toning Shoes Settlement worth?
Well, if you’re a member of the class (ie, you bought one of the eligible items above during the time mentioned above) you may be entitled to part of the settlement.
The Reebok Toning Shoe Settlement utilizes the same $25 million fund announced with the FTC on September 28, 2011, less the costs of notice and settlement administration, to pay claims to eligible Class Members relating to the purchase of eligible shoes and apparel. Court awarded attorneys’ fees and costs and class representative awards will be paid separately by Reebok. Reebok is also agreeing to make certain conduct changes.
The amount of payment to eligible Class Members will vary based on the product(s) purchased, the number and amounts claimed by all Class Members and other adjustments and deductions. The amount could be more (up to double), the same, or less than $50 for each pair of Eligible Shoes, $40 for each EasyTone Capri and EasyTone Pants, and $25 for each applicable shirt, bra top and top.
What do I need to do to get my Reebok Toning Shoe Settlement Payment?
You need to fill out and submit a claim form AT THE CLAIMS ADMINISTRATOR’S WEBSITE HERE.
Your Reebok settlement claim form must be submitted electronically, or postmarked via mail, no later than April 10, 2012.
NOTE: If you already submitted a claim form after the FTC announcement, do not submit another claim form. You will also be sent a notice in the near future about the class action settlement.
The detailed notice for the Reebok toning shoe settlement describes how to file a claim and provides other important information.
Beauty Blemish: Avon et al Piss Off PETA, Face Class Action Lawsuit
March 6th, 2012. By AbiK
You’d think Avon would have enough on its vanity right now with those alleged Avon bribery charges in overseas markets and that CEO search they’ve got going on. But, in true hit-’em-when-they’re-down fashion, Avon—along with Mary Kay and Estee Lauder—has just been hit with class action charges—for deceptive and misleading conduct in “marketing, selling, promoting and distributing cosmetic products in the United States”.
More specifically, the newly filed class action is going after the makeup companies’ ‘no animal testing’ claims. (Before we go on, please note, no animals were harmed in the photoshopping of the above image.)
The false advertising class action lawsuit was filed by lead plaintiff Marina Beltran (Beltran et al. v. Estee Lauder, et al., United States District Court – Central District of California, Case No. SA12-CV312 CJC (ANX)) on February 28, 2012. Beltran and her co-lead plaintiffs claim Avon, Estee Lauder and Mary Kay engaged in animal testing on their products even though they advertised that they were “cruelty-free”. The court documents also state that the beauty companies conducted animal testing in order “sell products in China and other foreign countries, thereby reaping hundreds of millions of dollars in sales.” (Wait a minute—China? Wasn’t China the major focus of that Avon bribery investigation?)
The filed court documents state that the “Defendants later purported to disclose, at least on their websites, that they in fact were animal testing, but the disclosures were wholly inadequate and deceptive.”
Not one to sit on the sidelines where animal cruelty is concerned, PETA (People for the Ethical Treatment of Animals) has kicked the companies off its “cruelty free” list, though I imagine that for Avon, that downgrade hasn’t had quite the same sting as the downgrades given to AVP stock by some analysts recently. When it rains, it pours.
Actually, the PETA downgrade is key to the animal testing class action—the court documents state that because Avon, Estee Lauder and Mary Kay had been granted a cherished spot on PETA’s “cruelty free” list, the companies benefited financially—i.e., customers who proactively sought out cosmetic products that were not tested on animals would refer to PETA’s list and patronize those companies on the list.
It’s estimated that the class size for this one is in excess of 1,000,000 members—and the makeup company animal testing class action lawsuit is seeking compensatory damages of $100M.
Extended Warranty: Do you Need it? What if a Repair Claim is Denied?
February 7th, 2012. By AbiK
It’s become the all-familiar conversation as you pay for that washing machine, HDTV, smart phone or even a set of luggage— “Would you like to purchase the extended warranty on this? It covers blah blah blah blah just in case blah blah blah…” Chances are, as if by rote, you shake your head to indicate that, no, you don’t want whatever protection plan they’re offering up.
It makes sense, after all, as we’ve been trained for years now by consumer advocacy groups to “just say no” to most extended warranties. It’s become a Pavlovian response. But then why are these protection plans still around if no one is buying them? Clearly some folks must be buying—and the question is, are they the smart ones or are we really doing the smarter thing by passing up what might seem like some extended warranty scam?
The answer is, it depends.
So here are some extended warranty guidelines—things to consider before opting to pay for a protection plan that goes beyond the manufacturer’s initial coverage plan period (and what to do if after you’ve purchased a protection plan you run into a bad faith insurance situation.)
1. Do your homework—research what you’re buying before you buy it.
Reliability Ratings. Find out how reliable the appliance or tech gadget is—does it have a bad track record for repairs? How costly are repairs? Look at how the product is rated at Consumer Reports, for example. Check out reliability reviews on laptops, smart phones, tablets, HDTVs, cameras—all tech gadgets and gizmos–at PC World, CNet or PCMag. Reliability ratings will give you a sense of what kind of repairs, if any, you can typically expect the product needing over the time in which you’ll own it
New May Not Mean Reliable. Keep in mind as well that new generation products–that is, products with new technology or design features–may not have all their bugs and kinks worked out when they launch. In such an instance—if you’re the type who has to have the latest and greatest thing on the market regardless of how much reliability data may be available on it—then an extended warranty may be worth looking into. Or, hold your horses and wait for the next production run in which improvements have been made. And a final note on new tech—if you think you’ll upgrade or switch to a new model within a couple of years anyway, the extended warranty probably isn’t worth it.
2. Look in your wallet—your credit card may protect your purchase, too.
Paying with Plastic can Provide Extended Coverage. Cards such as American Express offer some extended warranty protection with even the basic Green Card. This is how the AMEX extended warranty coverage works:
When you charge the entire cost of a covered product with your American Express® Card, the Extended Warranty will extend the terms of the original manufacturer’s warranty for a period of time equal to the duration of the original manufacturer’s warranty, up to one additional year on warranties of five years or less that are eligible in the U.S.
If you’re not sure how or what might be covered with your credit card, call the customer service number on the back of your AMEX, VISA, MasterCard, Discover, etc. card and ask. You may find that you’ve got extended warranty protection already.
3. Find out what the extended warranty covers.
Read the Extended Warranty to Understand the Terms. Know what you’re paying for and what to expect should your 3-year-old drop your smart phone into the toilet. Some warranties don’t cover all “accidents”. Some only cover a specific set of parts. After reading about the product’s reliability and which parts are most likely to fail, compare that information with what’s covered by the extended warranty.
Understand the coverage period as well—typically, you’ll pay more for a longer coverage period, which at first makes sense. But if you’re not planning on keeping or using the product for a full five years, you probably don’t need a 5-year extended warranty, and you’re better off saving your cash.
4. Follow the 20% rule.
5. If something goes wrong…
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