Posts Tagged ‘ Class Action ’
FitFlops Flop: Class Action Filed Over Flip Flops Gym
April 10th, 2013. By AbiK
Seriously. If a pair of flip flops has a “gym built in”, can a Jimmy Choo’s diet be far behind? (No, actually—as a quick glance at Jimmy Choo advertising makes it clear they know what business they’re in, and what a pair of stilettos can and cannot do.)
Rhetorical questions aside, first there was the Reebok Toning Shoes class action lawsuit. That one settled for $25M. Then there was Skechers Shape-Ups. That one settled for $45M. And THEN there was New Balance Toning Shoes, which settled for $2.3M.
They say three’s a charm, and I’m sure the lawyers representing FitFlop customer, Barbara Glaberson, 70, of Ventnor, NJ, are well aware that they’ve got footwear trends (at least legally speaking) on their side with three toning shoe defendants having to settle for millions.
According to an article at Philly.com, Glaberson purchased a pair of bronze Walkstar FitFlops sandals for $60 at Nordstrom’s in the spring of 2010. And guess what? After wearing the sandals, she found they didn’t make her fit.
Well, according to one of Glaberson’s lawyers, Timothy G. Blood, a partner in Blood, Hurst & O’Reardon L.L.P. in California, Glaberson “…thought it would be great to get more out of just walking around. They did nothing for her, and she felt like she had been ripped off.”
Gullible though she may have been, when you consider that FitFlops were advertised as “the flip flop with the gym built in” and that they retail at a higher price point, surely they sound like they must do more for you than your average pair of Havaianas, coming in at around $20 retail—and certainly more than the “2 for $5” Old Navy flip flops. Right? Granted, Havaianas and Old Navy flip flops make a better fashion statement, but fashion be damned where there’s calf toning to be had for $60.
So, fast-forward, Glaberson has filed a class action lawsuit, v. FitFlop USA L.L.C., claiming that the FitFlops Walkstar sandals did not, apparently, come with a gym built-in. Nor, I’m guessing, any Nautilus equipment. Nor a treadmill. And they didn’t make her more fit. (On the flip side—no pun—it’s important to note that Glaberson is not claiming physical injury, which had been an aspect of some of the other toning shoe lawsuits that preceded this; she is merely alleging consumer fraud.)
We’ll have to see where this one nets out, but it’s one to watch. As Philly.com points out, both sides have legal representation with some serious klout. On Glaberson’s side, there’s Blood and his partners who have worked with the FTC on the Reebok EasyTone Settlement for $25M. On FitFlops side, there’s William S. Ohlemeyer, a partner with Boies, Schiller & Flexner L.L.P.—the firm that represented Al Gore in the post-election debacle over the outcome of the 2000 presidential race. Stay tuned…
Top 10 Lawyer Interviews for the First Half of 2012
August 27th, 2012. By AbiK
The journalists at LawyersandSettlements.com conduct hundreds of lawyer interviews each year on the latest legal issues—lawsuits, mass torts, class actions, settlements—that our readers are most interested in. The attorneys our journalists interview provide a birds-eye view into the cases we report on. Here are the top 10 attorney interviews that readers clicked during the first half of this year (in reverse order):
10. Attorney Stacy Hauer, co-lead counsel in the Minnesota State Court American Medical Systems litigation, discusses the transvaginal mesh lawsuits being consolidated into an MDL (multi-district litigation).
9. Attorney Tim McCarthy shares insight on the Starbucks class action lawsuit regarding the company’s switch from Tassimo to Keurig single-serve coffee. The lawsuit alleges consumer fraud.
8. Attorney Dr. Shezad Malik discusses the outcome of the FDA advisory panel meeting held at the end of 2011 regarding the safety and efficacy of oral contraceptives, including drospirenone-based birth control drugs Yasmin and Yaz.
7. Attorney Brenda Fulmer, who specializes in medical device litigation, talks about allegations surrounding CardioGen 82 over-radiation.
6. Attorney Eric B. Brown shares some information on making a Social Security Disability Insurance (SSDI) claim and what needs to be included to prove a 100 percent inability to work.
5. Attorney Shaun Setareh—a California labor law attorney—answers five commonly asked questions on filing a wage and hour lawsuit.
4. Attorney Dr. Shezad Malik, who is both an attorney and a cardiologist, discusses Yasmin and Yaz settlements and how Bayer had indicated it would handle settling Yaz claims.
3. Attorney Barry Kramer informs readers about excessive emergency room charges and how it is typically uninsured patients who are victims of hospital overcharging—and compounding the issue, emergency room costs are increasing.
2. Attorney Dr. Shezad Malik on the Yaz litigation concerning oral contraceptives that contain drospirenone and their alleged side effects which range from gallbladder problems to DVTS to stroke—and even death.
1. Attorney Stacy Hauer discusses the legal claim “loss of consortium” and how it plays into the allegations regarding the transvaginal mesh litigation. She explains that, “The woman and their partners who have been injured have significant loss of intimacy in their relationships due to their injuries.”
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.
Monday Minute 4.30: Legal News, Lawsuit & Settlements You Might’ve Missed
May 1st, 2012. By AbiK
Lots in legal news headlines from the past week that you might’ve missed including our weekly Asbestos News column and Week Adjourned—the weekly wrap of top class action lawsuits and settlements.
This week we heard about the Bumble Bee Tuna class action lawsuit (over false advertising claims) as well as the Vita Coco false advertising settlement. Big news with type 2 diabetes drug Actos as well–is it time for round #2 with Actos lawsuits? Find more in our Monday Minute update…
Monday Minute: Legal News, Lawsuits & Settlements You Might’ve Missed
April 16th, 2012. By AbiK
Kick off the week with Monday Minute—legal news headlines from the past week that you might’ve missed including our weekly Asbestos News column and Week Adjourned—the weekly wrap of top class action lawsuits and settlements.
Find these legal news highlights in the video clip below: Asbestos News Now; class action lawsuit updates for Groupon, Muscle Milk, GameStop and Lay’s Potato Chips as well as updates on Medtronic and J&J Risperdal litigation; what happened at PetSmart that left one dog dead; it’s deja vu: new McDonald’s hot coffee lawsuits; and, in honor of tax day, information on the latest tax scams.
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