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Consumer Protection

Consumers File Class Action Against Meat Packers

May 14, 2019

A class-action lawsuit has been filed in Minnesota federal court that alleges that four large beef-packing companies and an industry information-sharing service have schemed to suppress the prices they pay for cattle and inflate the prices they charge consumers. The lawsuit names Cargill, Tyson Foods, National Beef Packing and JBS USA Food Co. — who collectively control 70% of U.S. beef processing — as defendants. Agri Stats Inc., a price forecasting service for beef, pork

Cattle Ranchers File Class Action Against Meatpackers

April 29, 2019

A cattle ranchers’ trade association filed a class action in federal court in Illinois accusing meatpackers including industry powerhouses Tyson, JBS SA, Cargill and National Beef Packing Co. of conspiring to keep down cattle prices. The complaint alleges the meatpackers are seeking to push the cattle industry toward the level of consolidation already seen in poultry processing.

Planet Hollywood Sued In Class Action Over Data Breach

April 11, 2019

On April 3, 2019, Earl Enterprises Holdings Inc. (“EEH”), the owner of popular chain restaurants such as Earl of Sandwich, Buca di Beppo and Planet Hollywood, was sued in federal court in the Middle District of Florida by customers who alleged that the company failed to exercise reasonable care in securing and safeguarding their sensitive personal information. EEH had announced that it experienced a year-long data breach affecting customers’ names, credit card numbers and expiration

Scotts Miracle-Gro Settles Bird Seed with Pesticide Class Action for $85 Million

December 18, 2018

Consumers and Scotts Miracle-Gro submitted a motion for preliminary approval of a settlement in California federal court arising out of a class action alleging that the lawn company knowingly sold bird food laced with toxic pesticides. The settlement is for up to $85 million, depending on how many class members file claims. The settlement will fully refund money to any class members with valid proof of purchase or retailer records, and up to $100 per

Discrimination Class Action Against Airbnb in Oregon is Allowed to Proceed

October 31, 2018

Oregon federal district judge Michael Simon denied a motion to dismiss an Oregon class action lawsuit that alleges Airbnb allows discrimination against black users. The lawsuit contends the vacation rental website, which connects homeowners with travelers looking to rent a room, allows the homeowners to discriminate by requiring would-be guests to register with their full name and a photograph. Since the lawsuit was filed, the company changed the policy to only allow homeowners to see

Antitrust Class Actions Regarding Generic Lidoderm Pain Patch Settle for A Combined Amount Over $270 Million

September 17, 2018

A California federal judge gave final approval to two settlements of class actions alleging that Teikoku, Endo and Actavis violated antitrust laws by stalling the release of a generic form of the Lidoderm pain patch. One class actin was on behalf of direct purchasers and settled for $166 million. The other was on behalf of end payors and settled for $104.75 million.

Samsung and Toshiba Settle Optical Disc Drive Price Fixing Claims for $25 Million

August 27, 2018

Samsung and Toshiba agreed to pay $25 million to resolve a class action alleging that they participated in an industry-wide conspiracy to fix optical disk drive prices. The plaintiffs settling the case were indirect purchasers of the drives; ie. consumers. If approved, the proposed deal would bring the total amount of consumer settlements in the case to $205 million.

Judge Approves Settlement in Anthem Data Breach Case

August 22, 2018

Last week, a California federal judge approved a $115 million settlement ends claims Anthem Inc. put 79 million consumers’ personal information at risk in a 2015 data breach. U.S. District Judge Lucy H. Koh ruled that the deal, which provides the class of data breach victims with two years of credit monitoring, coverage of out-of-pocket expenses stemming from the breach, and compensation for those who got their own credit monitoring — is “ fair, reasonable

Zicam Settles False Advertising Class Action for $16 Million

August 8, 2018

The makers of the cold and allergy medication Zicam have agreed to pay a $16 million settlement to resolve a class action lawsuit. According to the lawsuit, Zicam made “false and misleading statements about the effectiveness of certain Zicam products in violation of state and federal law.” Zicam is denying these claims.

Judge Sanctions Fitbit and Its Attorneys For Bad Faith Transfer to Arbitration

August 6, 2018

U.S. District Judge James Donato sanctioned Fitbit Inc. and its Morrison & Foerster LLP attorneys for acting in bad faith, saying they owe attorneys’ fees after getting a proposed consumer class action removed to arbitration only to reveal they had no intention of arbitrating the claims.

John Hancock Settles Insurance Class Action for $91 Million

July 31, 2018

John Hancock Life Insurance Company (U.S.A.) has entered into a preliminary settlement with certain owners of its universal and variable universal life insurance policies who have policies that contain a contractual promise that “Applied Monthly Rates will be based on [John Hancock’s] expectations of future mortality experience”—and nothing else.

Judge Rules Uber Cannot Force Private Arbitration on Customer

July 25, 2018

A Kings County New York Judge has ruled that Uber cannot force arbitration on a customer, finding that Uber had not proven that the customer agreed to arbitrate disputes when she signed up on-line for Uber’s services.

Lenovo Settles Software Class Action for $7.3 Million

July 16, 2018

Lenovo Inc. has tentatively settled a class action that alleged its preinstalled software on laptops caused performance, privacy, and security issues. The proposed settlement is for $7.3 million.

Antitrust Class Action Filed Against Pork Processors

July 2, 2018

Several large U.S. pork companies, including Hormel Foods Corp., Smithfield Foods, Inc., and Tyson Foods Inc., were hit with an antitrust lawsuit this week alleging that they conspire to inflate pork prices in an effort to boost profit at consumers’ expense. The complaint alleges the collusion has been going on since 2009.

Keurig Settles Securities Fraud Class Action For $36.5 Million

June 25, 2018

Keurig Green Mountain Inc. has agreed to settle a securities fraud suit that accused the company and two executives of misleading shareholders about sales and revenue expectations in 2011. The settlement is for $36.5 million.

American Airlines Settles Antitrust Class Action for $45 Million

June 20, 2018

American Airlines has agreed to pay $45 million to settle class actions alleging that violated the Sherman Act by colluding to limit the number of seats available on domestic flights and raising ticket prices. The settlement is intended to include the millions of people who bought domestic tickets from the airline defendants between July 2011 and June 2018.

Class Action Against Restaurant Delivery Company, Caviar, Settled for $2.2 Million

June 18, 2018

Notice of a proposed settlement was sent out to around 93,000 class members who were class members in a class action lawsuit against restaurant delivery service, Caviar. Plaintiffs allege that the company misled patrons into paying an 18% service charge that was labeled as a “gratuity fee” on orders.

British Airways Executive Club Members Settle Class Action for $27 Million

June 7, 2018

On May 29, 2018, a federal judge in New York granted preliminary approval of a $27 million class settlement between British Airways and a class of British Airways Executive Club members. The suit was filed in November 2012 with class certification granted in March 2017.

Monsanto Settles False Labeling Class Action for $21.5 Million

June 4, 2018

On May 25, a federal court in Missouri approved a $21.5 million settlement between Monsanto and a class of consumers who alleged the agrochemical giant used misleading labeling on its Roundup weed killer. The complaint stated that Monsanto misled consumers about how much Roundup could be made from bottles of concentrate. The concentrate labels say the formula “makes up to” a certain amount of herbicide when mixed with water, but the instructions’ fine print says the formula

Samsung and Toshiba Agree to Settle Antitrust Claims of Indirect Purchasers of Optical Disk Drives

May 30, 2018

After losing on a motion for summary judgment, a class of optical disk drive (“ODD”) end users has agreed to settle with Samsung and Toshiba. The case is currently on appeal to the Ninth Circuit, but attorneys for the plaintiffs filed a request with the Ninth Circuit to extend the appeals briefing by 60 days while they seek a limited remand to the district court for approval of the settlements.