classactionlawsuit
Latest
Appeals court allows Facebook facial recognition lawsuit to proceed
Facebook users now have the green light to sue the company over its use of facial recognition tech. The 9th US Circuit Court of Appeals in San Francisco ruled in the plaintiffs' favor 3-0 after Facebook tried to block a class-action lawsuit which claims it illegally captured and stored millions of users' biometric data without their consent.
Facebook willingly let kids spend their parents' money and didn't stop it
Facebook employees recognized that children were running up massive tabs spending money on games but opted not to give refunds, according to Reveal News. The revelation was made as a result of court documents from a 2012 class-action lawsuit filed against Facebook that a federal judge recently ruled to make public.
Airbnb hit with lawsuit for delisting Israeli settlements
Airbnb is facing a class-action lawsuit over its delisting of Israeli settlements in the occupied West Bank. Lawyers for Ma'anit Rabinovich from the West Bank settlement of Kida are seeking 15,000 shekels ($2,573) in personal damages, along with an unspecified sum on behalf others, for what they describe as "outrageous discrimination."
Facebook's Cambridge Analytica woes continue with UK lawsuits
Facebook's Cambridge Analytica troubles are far from over and a new class action lawsuit over the scandal might be on the way. Wired reports today that a group of UK residents has sent the company a letter before claim, in which they highlight the many instances where the social media giant failed to protect its users' privacy and demand answers to a list of questions. Represented by UK-based law firm Irvine Thanvi Natas Solicitors, the UK residents all had their data obtained by Cambridge Analytica, and their attorney says that if their questions aren't answered within 14 days, legal action could be taken.
Five state attorneys general are investigating Uber breach
Uber's latest security breach, which exposed 57 million customers' and drivers' personal information, has come under more and more scrutiny since it was revealed earlier this week. The Federal Trade Commission has already confirmed that it's looking into the breach as well as how Uber handled it. A number of agencies abroad are investigating the incident as well. But it doesn't stop there. Uber is also now under investigation by at least five state Attorney General offices and has been named in multiple lawsuits.
Apple will pay out $2 million to California retail employees
A long-running class action lawsuit between Apple and employees of its retail stores in California came to a quick conclusion today. The lawsuit was originally filed in 2011 by four former employees but expanded in 2014 to include around 20,000 Apple retail employees in California. The suit alleged that Apple failed to give employees adequate breaks, failed to pay wages in a timely manner after employees left the company and failed to provide accurate wage statements. The case finally went to court in San Diego back in October, and as Apple Insider reports today a jury has now ordered Apple to pay out $2 million in restitution.
Sony will pay out millions to spurned PS3 Linux users
A long-running lawsuit stemming from Sony's claim that its PlayStation 3 consoles would allow for third-party operating systems has finally come to a close. As Ars Technica reports, the class-action lawsuit could end up costing Sony millions of dollars for getting on the bad side of some Linux fans, and if you're one of those Linux fans, you could be in for a $55 check.
Uber might owe you money for charging airport fees
If you've taken an Uber ride to a Californian airport and got hit with a surprise fee, you might be owed some cash. Uber has agreed to pay a settlemement in a class action lawsuit that accuses it of charging an "airport fee toll" years before it was legally required (last November), letting drivers pocket the extra funds. The move will dish out $1.8 million between as many as 355,000 affected passengers. That's not much in practice -- just over $5, if everyone is covered -- but it's welcome if you felt burned on that trip to LAX.
Court order stops Bitcasa from deleting your cloud data, for now (updated)
If you're miffed that Bitcasa not only dropped its unlimited cloud storage option but made you migrate to a costlier limited tier just to keep your files, you'll be glad to hear that you're getting a reprieve. Angry customers have filed a tentative class action lawsuit against Bitcasa for allegedly breaching its contract through the sudden switch. In tandem with the suit, the court handling the case has granted a restraining order that forces Bitcasa to save those files until at least November 20th. That's not exactly a long interval, but there's a hearing on the 19th that could extend the grace period further.
Daily Update for July 30, 2013
It's the TUAW Daily Update, your source for Apple news in a convenient audio format. You'll get all the top Apple stories of the day in three to five minutes for a quick review of what's happening in the Apple world. You can listen to today's Apple stories by clicking the inline player (requires Flash) or the non-Flash link below. To subscribe to the podcast for daily listening through iTunes, click here. No Flash? Click here to listen. Subscribe via RSS
Apple Store employees file lawsuit, claim company not paying for security searches
Apple's anti-theft procedure for its employees is the topic of a class action lawsuit filed by two former Apple employees, according to a report in AppleInsider. The lawsuit was filed last week by Amanda Frlekin and Dean Pelle in the United States District Court for the Northern District of California. Like many retailers, Apple has a security checkout procedure that requires employees to submit to a personal package and bag search whenever they clock out for a break or leave at the end of the shift. The search can take up to 15 minutes, which is time not compensated by Apple. According to the complaint, "[one plaintiff] worked approximately 50 minutes to 1.5 hours of uncompensated overtime. By conservative calculations, this equated over the course of one year to an aggregate amount of approximately $1,400 in uncompensated hours." The lawsuit seeks to end this practice and provide compensation to employees who were subjected to these searches. The complaint is a class action lawsuit that extends to "[a]ll Apple Hourly Employees who worked in an Apple, Inc. retail store in the United States, who are or were employed within the three years preceding the the filing of this action by the Defendant, and who were: (a) not compensated for off-the-clock time spent waiting in security screening lines and undergoing personal package and bag searches before being allowed to leave the premises; and/or (b) were not fully compensated for this time worked over forty hours per week at overtime rates."
AUO, LG, Toshiba pay $571 million to settle LCD price fixing lawsuit, broken record keeps skipping
The way LCD price fixing lawsuits keep popping up and settling in short order, you'd think they were going out of style. The latest motley group to face a reckoning includes AU Optronics, LG and Toshiba, the combination of which has agreed to pay a total of $571 million to eight separate American states to either avoid the legal wrath of a class action lawsuit or to pay an outstanding fine. Allegedly, the trio kept LCD prices artificially high between 1996 and 2006, hiking the prices of PCs and TVs in the process. There's a slight twist here: while keeping the display builders honest is the primary goal, the class action status will net some direct rewards for the public. Americans who claim to have been wronged in the scandal can get "at least" $25, which goes a lot further towards buying an LCD than it did six years ago.
iPod owners notified of RealNetworks-related lawsuit's class action status, given chance to cash in (updated: not Real)
Remember the 2005 lawsuit over Apple's effort to keep RealNetworks' Harmony DRM off of the iPod, calling the countermeasures an abuse that locked customers into Apple's FairPlay copy protection and the iTunes Store? You're forgiven if you don't -- the complaint was filed in 2005. Even with iTunes having gone primarily DRM-free over three years ago, though, owners of iPods bought between September 12th, 2006 and March 31st, 2009 are just now getting notices that they qualify for a slice of any damages if they register and Rhapsody's former owner the class action group wins in court. Of course, there's no guarantee that RealNetworks former Rhapsody users will win and get you music money to feed your iPod, iPod classic, iPod nano or iPod touch, but unless you're planning to sue Apple yourself, there's no penalty for a legitimate claim. Update: RealNetworks has chipped in to let us know that it's "not involved in any way" with the lawsuit, which is actually an independent complaint centered around the Rhapsody users themselves. RealNetworks hasn't embroiled itself in a legal fight with Apple to date.
Antitrust suit carries on against Intel, Apple, Google and others
They can hope and pray all that they want, but Google, Intel, Apple, Adobe, Intuit, Pixar and Lucasfilm will soon be facing some serious accusations in a courtroom under the Sherman Antitrust Act and California's Cartwright Act. After years of trying to dodge legal action over an "informal agreement" to not pinch each others employees, and an effort to have the case dismissed, the seven defendants will have to stand trial as ordered by District Judge Lucy Koh in San Jose, California. In her decision Koh said, not only was there evidence that these agreements were made at the highest levels of the company but, that six such deals were struck in secret in such a short time frame "suggests that these agreements resulted from collusion." There's still time for yet another deal to be struck, however, this time between the defendants and the DOJ. Otherwise it looks like all seven will have to stand trial in June of 2013.
iPhone 4 owners can register for $15 antennagate settlements (updated)
The official website for the iPhone 4 "antennagate" class action settlement is live, as pointed out by co-lead counsel on the case Ira Rothken. Of course, speaking of cases, if you're an iPhone 4 owner who has taken advantage of the free bumpers Apple's been offering since 2010 then you're not still eligible for the $15 settlement. Customers who meet the requirements (experienced antenna issues, couldn't return your phone without incurring costs, don't want to put on a bumper or case and either completed troubleshooting or no longer own the phone) can opt for the payout and file their claim at the website linked below. Of course, assuming you're not a stickler for that skin-to-metal and glass feel the case is probably the better deal overall, but as long as this issue is finally dead and buried we can probably all walk away happy.Update: Turns out it doesn't matter if you scored yourself a free bumper or not, so long as you don't actually use it you can still register for your share of the settlement. So, if you took the consolation prize offered at the time, but have grown to hate it, now's your chance to make $15.
Samsung may cough up millions over kaput TVs
A class action lawsuit filed by owners of faulty Sammy TVs has finally reached a settlement. The manufacturer has promised to foot the bill for new repairs, reimburse for previous repairs and hand out up to $300 to customers who no longer possess their broken TVs but can prove they once did. The fault can affects any of the models listed above -- possibly up to seven million sets in total -- and centers on an errant capacitor in the power circuit that stops the TV turning on, makes it slow to turn on, produces a "clicking sound" or makes it cycle on and off. If you think you're affected then check the source link for details on what to do next. Curious to know how much the lawyers got? A cool half-million for their troubles, which means they'll be upgrading to OLED.Update: A Samsung spokesperson offered up the following response, Approximately 1 percent of Samsung televisions sold in the U.S. from 2006 to 2008 have experienced some performance issues caused by a component called a capacitor. Since originally confirming this issue in early 2010, Samsung has voluntarily provided free repairs for U.S. customers with affected televisions. Recently, a nationwide class settlement covering all affected televisions in the U.S. was reached in Russell, et al. v. Samsung Electronics America, Inc., a lawsuit filed in the District Court of Oklahoma County in the U.S.
DOJ investigation yields fresh evidence against Google, Apple in antitrust lawsuit
Back in 2009, a small controversy began swirling around Google and Apple, amid allegations that the two companies had struck an informal agreement to not poach each other's employees. The Department of Justice launched an investigation into the matter in 2010, but details of the case were only made public for the first time yesterday. TechCrunch was the first to sift through the documents, and has uncovered some ostensibly incriminating evidence against not only Google and Apple, but Pixar, Lucasfilm, Adobe, Intel, and Intuit, as well. According to filings from the US District Court for the Northern District of California, these companies did indeed enter "no poach" agreements with each other, and agreed to refrain from engaging in bidding wars. The documents also suggest that they collectively sought to limit their employees' power to negotiate for higher salaries. Some of the most apparently damning evidence derives from archived e-mails, including one that Adobe CEO Bruce Chizen penned to Steve Jobs in May 2005. In the message, sent under the subject "Recruitment of Apple Employees," Adobe's SVP of human resources explains that "Bruce and Steve Jobs have an agreement that we are not to solicit ANY Apple employees, and vice versa." Pixar's Lori McAdams expressed similar sentiments in an internal e-mail from 2007, writing: "I just got off the phone with Danielle Lambert [of Apple], and we agreed that effective now, we'll follow a Gentleman's agreement with Apple that is similar to our Lucasfilm agreement." This would suggest, as the DOJ writes, that there's "strong evidence that the companies knew about the other express agreements, patterned their own agreements off of them, and operated them concurrently with the others to accomplish the same objective." The DOJ announced in September that it had reached settlements with the six implicated firms, but a class-action lawsuit is scheduled to get underway next week in San Jose.
Apple, Samsung, others sued over Carrier IQ scandal
While the tech world was buzzing last week about Carrier IQ, one group of lawyers was busy preparing a class action complaint. The complaint was filed in Federal Court in Wilmington, Delaware by three local law firms: Sianni & Straite of Wilmington, DE; Eichen Crutchlow Zaslow & McElroy of Edison, NJ; and Keefe Bartels of Red Bank, NJ. The complaint asserts that several wireless companies and cell phone manufacturers violated wiretap and computer fraud laws when they included Carrier IQ software on their phones. The suit names wireless carriers T-Mobile, AT&T and Sprint as well as mobile phone manufacturers HTC, Samsung, Motorola and Apple. The Carrier IQ controversy hit the internet last week when 25-year-old Trevor Eckhart posted a video of Carrier IQ in action. Carrier IQ is diagnostic software that's present on a variety of phones (including at least some editions of the iPhone, though Apple says it has pretty much eliminated Carrier IQ in iOS 5). Several wireless carriers use it to troubleshoot network or device problems. Eckhart detailed in several blog posts and a video how the software allegedly logs and transmits keyboard input, website URLs and other potentially sensitive information. The company denied allegations that it violates wiretap laws, but that has not stopped the lawsuits. With the US Senate asking questions about Carrier IQ and now several lawsuits, we are going to hear a lot more about this controversy before it is all ironed out. Until then, iPhone owners can rest easy. Even though Carrier IQ is present in iOS 5, the software is turned off and should be inert. Apple also said it recently stopped using Carrier IQ and promises it will remove any remaining traces of the software in a future update. [Via The Loop]
Apple reaches settlement in MagSafe class action suit, dodges fireball
Apple's MagSafe has been veritable boon to the clumsy, saving MacBooks from accidental drops since 2006. The magnetic solution, however, hasn't been exactly great when keeping those same notebooks spark free. Those who weren't able to convince a Genius to part ways with a replacement gratis should know that Cupertino has just settled a class-action relating to the original's propensity to fray. Provided they fill out the necessary paperwork, those who paid for replacements out of pocket will be reimbursed $79 within the first year of the computer's purchase, decreasing to $50 and $35 respectively in the years that follow. Claims can be submitted up to three years after the original purchase, or until March 21, 2012 -- whichever occurs first. And to those of you rocking the pre-2008 "L" shaped redesign, might we recommend some flame retardant socks?
Apple forced to cough up cash over iPhone location tracking in South Korea
You probably thought all the drama surrounding the iPhone location tracking fiasco was over. Oh, how wrong you were. In fact, the controversy seems ripe for a resurgence after a Korean court ordered that country's Apple arm to pay 1 million won (about $946) to Kim Hyung-suk. The payment was awarded last month, but now Kim's law firm is prepping a class action suit that could put further pressure on the Cupertino crew -- especially in the home of Samsung. This could just be the first in a series of pay outs, as even American courts may look to the decision when considering the fate of other plaintiffs looking to ring a few bucks out of iDevice purveyors. Hit up the source link for a few more details and a host of non sequiturs. [Thanks, Wesley]
