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San Diego Class Actions Law Blog

LA Fitness being sued for consumer fraud

One man is suing as a result of unfair business practices conducted by the gym LA Fitness. Reportedly, the man says that the gym was deducting month $240 from his account for personal training which he says he never signed up for.

Additionally, the man claims that they engaged in consumer fraud when a personal trainer told the victim that he was signing a waiver when, in actuality, the trainer may have taken his electronic signature and inserted it onto a contract that stated the victim consented to the monthly deductions.

Is Apple creating a monopoly?

In California, a class-action lawsuit involving Apple iPods that was initially filed in 2004 and granted class-action status in Nov. 2011 is making its way through the courts with the class constituting consumers that purchased several different models of iPods during the time between Sept. 12, 2006 and March 31, 2009.

It appears that Apple is being accused of creating a monopoly through their firmware updates, blocking their consumers from playing other company's music files. Under the California Unfair Competition Law, not only consumers but other businesses as well, are protected from unfair business practices, including the building of a monopoly.

Have you had Nutella recently?

In conjunction with wheat bread, milk and juice, Nutella, a chocolaty hazelnut Italian spread, was depicted in its advertisements as a part of a delicious as well as balanced breakfast. As it turns out, just two tablespoons of the sweet treat contain in excess of 200 calories and around 11 grams of fat. The spread may be tasty but is not that balanced.

One San Diego mother felt that she was the victim of unfair business practices and consumer fraud over the misrepresentation of the spread in its advertisements. She spearheaded a class-action lawsuit against the makers of Nutella for promoting it as a product that was "healthier than it actually is."

60,000 strong employment class-action lawsuit

Chili's and Romano's Macaroni Grills are two popular chains dotted throughout the country, including in San Diego, which are owned by Brinker. Brinker is currently being sued in a employment class-action lawsuit that is proceeding in California as a result of possible violation of employees' rights regarding breaks.

The company first came under a class-action lawsuit in 2004 with the proposed plaintiff comprising a class of around 60,000 non-unionized, hourly wage earners of the company. Many of the class were servers that stated claims of managers placing pressure on the employees to skip their allotted breaks due to inadequate staffing. Additionally, managers were reportedly threatening to cut back hours or change hours if employees were taking the break that they were entitled to.

Groupon to settle class-action lawsuit consolidated in San Diego

Under California law, customers that have been wronged by a business or corporate entity are entitled to seek redress.

A total of 17 lawsuits have been consolidated before a judge in San Diego against the coupon company Groupon and various other retailers. The company is settling a class-action lawsuit by agreeing to pay $8.5 million as a result of the plaintiff's stating that the expiration dates on the purchased coupons are illegal.

Employees file class-action status against Tata

Some employees in California have been granted class status in their case against Tata. Tata Consultancy Services is a company that outsources Indiana employees. Often companies will outsource such employees to work in the United States on client projects, paving the way for misuse of visas and employee abuse. It appears this may have been the case with Tata. The class is defined as all "non-U.S. citizens who were employed by Tata in the U.S. at any time from February 14, 2002, through June 30, 2005, and who were deputed to the U.S. after January 1, 2002."

Indian employees that were outsource have been granted class action over what they say was a breach of contract when the company made all employees that were not United States citizens forfeit their federal and state tax returns. Furthermore, the class says that Tata deducted their Indian salary from the employees' compensation. The company reportedly took maters a step further by not providing accurate earnings statements to its employees.

Path possibly under class-action lawsuit

One man is seeking to file a class-action lawsuit against an electronic application called Path. Path describes itself as a journal-type application that allows users to share what they are doing, listening to and whose company the user is in, at all times. The application has integration capabilities with public networks including Facebook, Twitter and Foursquare.

According to the class complaint, "While Path's practices include the unauthorized interception, use, and storage of contact address data, a review of Path's provisional patent application reveals a high level of tracking than that carried out by other apps. Path's 'uncommon practice' include tracking its users' interaction with users' contacts in online social networks, correlating the user's contact address data with digital media content that has been altered to include exact GPS latitude and longitude coordinates, as revealed in its tracking protocol."

San Diego-based Utility Consumer Action Network set to dissolve

Many San Diego residents use Utility Consumer Action Network's website to find information on gas prices and other utility-based information. However, San Diego residents may now need to find a new source for utility-related information as Utility Consumer Action Network is set to dissolve in light of a subpoena from a federal grand jury resulting from allegations of embezzlement.

It appears multiple employees issued complaints about financial irregularities within Utility Consumer Action Network, bringing about the charges. "The dissolution process requires that anyone who has a claim against UCAN to make it within 30 days," reported Utility Consumer Action Network director, the man standing at the center of the embezzlement allegations.

California interns file class-action lawsuits

Stereotypically, interns may be viewed as sub employees that receive little respect. They may be asked to run personal errands, make copies or tend to the coffee. However, with increasing frequency groups of former inters are filing employment class-action lawsuits in an attempt to obtain compensation for their unpaid wages.

Interns have banned together in class-action lawsuits against companies including California-based Fox Searchlight Pictures. The unpaid interns are seeking compensation for their unpaid wages.

A Kardashian class-action reality check

Section 17500 of the California Unfair Competition Law explicitly forbids the use of false advertising. The type of unfair business practice can lead to damages against consumers in California and elsewhere across the country. If a company is found in violation of this code, there could be severe and costly consequences.

Reality television starlets and California residents, the Kardashian's, are being hit with a $5 million class action lawsuit after possibly falsely claiming QuickTrim diet pills worked to aid a consumer in losing weight. The lawsuit targets the trio's endorsement of the weight loss company.

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