A Phoenix area mortgage broker is being sued over allegedly manipulating FHA down payment requirements. The Lending Company, Wells Fargo Funding and RJ Reynolds are all named as defendants in the class action suit.
More proof there are too many lawyers in the U.S. A California law firm filed a class action lawsuit (Baltazar vs. Apple) against Apple claiming that Apple has done a whole lot of bad things with respect to its iPad. Here are some choice portions of the complaint:
“according to the www.apple.com website, ‘[r]eading on iPad is just like reading a book.’ However, contrary to this promise, using the iPad is not ‘just like reading a book’ at all since books do not close when the reader is enjoying them in the sunlight or in other normal environmental environments. This promise, like other portions of APPLE’s marketing material for the iPad, is false.”
“Specifically, the iPad does not live up to the reasonable consumer’s expectations created by APPLE insofar as the iPad overheats so quickly under common weather conditions that it does not function for prolonged use either outdoors, or in many other warm conditions, for a variety of common uses such as, but not necessarily limited to, an e-reader, email tool, web browser and/or game/entertainment unit.”
“nowhere in any of APPLE’s advertising materials which market the iPad to consumers does APPLE mention that the iPad is virtually unusable when sitting in particular environmental conditions (e.g., in direct sunlight in connection with virtually any ambient air temperature) since it turns off, sometimes after just a few minutes of use.”
“Class Members were misled into purchasing the iPad, unjustly enriching Defendant at the expense of these consumers.”
Is it possible that any purchaser of an iPad believed the iPad was just like a book? The complaint alleges the following causes of action:
- Negligent misrepresentation
- Deceptive advertising practices
- Violation of the California Consumers Legal Remedies Act (California Civil Code §1750, et seq.)
- Unfair business practices under the California Unfair Competition Act (California Business & Professions Code §§ 17200-17208)
- Breach of express warranty
- Breach of implied warranty
- Intentional misrepresentation
- Breach of Song-Beverly Consumer Warranty Act (California Civil Code § 1790, et seq.)
- Unjust enrichment
Threat Level: “The site set up to locate long lost pals, Classmates.com, has been hit with a class action privacy lawsuit. It alleges the company violated the law when it decided to make user profiles public to compete with Facebook. The suit says Classmates.com duped its paying customers in late January when it sent them an e-mail telling members they’d have to opt out of new Facebook and iPhone apps to keep their data private.”
Forget all the problems in the United States and the world, two crusaders who love to attack windmills are fighting our battles for us. See the story in Above the Law. The two plaintiffs sued Blimpie in a class action lawsuit for allegedly skimping on meat in Blimpie sandwiches. The plaintiffs claim that a 12 inch sandwich contains 50 grams of protein, but the double your meat version of the sandwich contains only 73 grams of protein. Holy false advertising Batman! Here’s the part of the complaint that really ticks me off:
They also claim that other Super Stacked sandwiches should not be called that because there are no regular-size sandwiches to which to compare them.
Dude, doesn’t Blimpie have any shame? Surely the Federal Trade Commission, the Food and Drug Administration or the Consumer Products Safety Commission will assign 20 or 30 staff to investigate and spend millions of dollars of our tax money prosecuting this travesty of justice and force Blimpie to get its sandwich names in line with applicable federal and state law and nail Blimpie for a massive fine to teach it a lesson. Where is the Food Police when you need them? Whoops. I forgot. The Food Police are busy busting bake sales in New York City Schools and going after dangerous hot dogs.
Online review website Yelp was named a defendant in a class action lawsuit filed in federal district court in Los Angeles. The plaintiff claims it asked Yelp to remove a negative review, but Yelp refused and then demanded $300 a month to remove the review. See “Yelp and the Business of Extortion 2.0: Local business owners say Yelp offers to hide negative customer reviews of their businesses on its website … for a price,” and the “Yelp Class Action Lawsuit.”
Cato@Liberty: “The New Orleans-based Fifth Circuit, the federal court of appeals . . . has allowed a class action lawsuit by Hurricane Katrina victims to proceed against a motley crew of energy, oil, and chemical companies. Their claim: that the defendants’ greenhouse gas emissions raised air and water temperatures on the Gulf Coast, contributing to Katrina’s strength and causing property damage. Mass tort litigation specialist Russell Jackson calls the plaintiffs’ claims “the litigator’s equivalent to the game ‘Six Degrees of Kevin Bacon.’”