ClassAction
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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.
Yelp escapes extortion lawsuit unscathed, except for its reputation
For years, businesses have accused Yelp of running an extortion racket. If companies refused to pay for ads, Yelp would allegedly pull down some of their positive reviews (and wreck sales) until they gave in. Well, those accusations don't appear to hold much legal water; an appeals court has upheld a California judge's dismissal of a 2010 class action lawsuit that claimed Yelp was committing civil extortion. Needless to say, the recommendation service is ecstatic. It cites the ruling as proof that the shops simply had an "axe to grind" and were either trying to "draw attention away" from bad reviews or else prop up review manipulation schemes.
Judge rejects Silicon Valley anti-poaching settlement on suspicions of conspiracy
Remember the class-action lawsuit that Adobe, Apple and Google faced over no-hiring deals? Well, it turns out that the $324.5 million settlement the trio reached isn't going to be honored by the judge. As The New York Times reports, judge Lucy H. Koh has rejected the low-ball figure because, among other reasons, it reeks of an "overarching conspiracy." Koh notes that there's ample evidence to support this and that late Apple CEO Steve Jobs may even have been the prime suspect in said conspiracy. According to the San Jose Mercury News, Koh says affected employees would receive a proportionally lesser amount than those who were involved with last year's $20 million case against Lucasfilm, Intuit and Pixar. After the lawyers take their as-much-as $81 million cut, the left-over tally would apparently only leave a couple of thousand dollars per plaintiff according to NYT. Unless the Silicon Valley companies involved can come up with an amount that seems more reasonable to the judge (the initial employee-proposed amount was $3 billion), the trial will move forward come this September 10th.
Mt. Gox exchange faces US lawsuit over Bitcoin losses
Remember how the discovery of a botnet took much of the value out of the Mt. Gox Bitcoin exchange, leading it to declare bankruptcy? Yeah, investors aren't happy about that -- and they're now demanding compensation. One of them, Gregory Greene, has filed a lawsuit accusing the exchange of fraud for not doing enough to protect traders from theft. He's pressing for class action status to cover all Bitcoin owners who used Mt. Gox, and he wants the exchange to pay both restitution and damages. It's not yet clear how the company will respond, but it wouldn't be surprising if there are other lawsuits to come. When customers may have lost the equivalent of $480 million in virtual currency, there's a lot more than just hurt feelings at stake.
Daily Update for October 31, 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 and AT&T settle class action for unlimited data claim of original iPad
Another day, another lawsuit finally drawing to a close. This time, a judge has approved a settlement for a class-action lawsuit filed against Apple and AT&T, based on the unlimited data claims of the original iPad that were later withdrawn by AT&T. So, if you bought a 3G iPad before June 7th, 2010, you'll get a $40 payout from Apple, even if you stand among AT&T's grandfathered customers. Meanwhile, if you purchased the original 3G iPad but didn't get a mobile plan, you're also eligible for a $20 / month discount for up to a year under the carrier's current $50 offering. The toddler-aged class action was born out of affected customers' frustration over the change and the belief that they overpaid for their devices as a result. Unfortunately, the ruling won't be finalized until February 2014, so don't expect to hear from Apple about the payout -- or plan a modest $40 dinner for two -- until then.
Google denied dismissal of wiretapping claims in Street View data snooping suit
Google's already vowed to pony up $7 million and destroy passwords, emails and other data collected from unsecured WiFi networks through its Street View cars, but the damage won't stop there. The US Court of Appeals for the Ninth Circuit has denied the company's attempt to dismiss wiretapping claims in a class action suit over the debacle. Page and Co. argued their actions could pass under a wiretap exemption since data transmitted over WiFi is an electronic communication that's easily accessible to the public. However, the panel of judges didn't buy the search giant's argument. "Wi-Fi transmissions are not 'readily accessible' to the 'general public' because most of the general public lacks the expertise to intercept and decode payload data transmitted over a Wi-Fi network," Judge Jay Bybee explained. Secondly, the court ruled that the data transmitted over WiFi can't be classified as mostly audio, so it falls "outside of the definition of a 'radio communication.'" "We are disappointed in the Ninth Circuit's decision and are considering our next steps," a Google spokesperson told Bloomberg. Now that Mountain View isn't getting off this hook, expect it to dish out more compensation soon.
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."
Parents who sued Apple over in-app purchases can now claim compensation
Apple's dedicated "in-app purchases litigation administrator" has had a busy few days. According to CNET, he or she has been emailing some important news to the 23 million parents who've been involved in a long-running class action lawsuit over in-app purchases racked up by their kids. The email says that individual claims for compensation can now be sent to Cupertino as per the terms of the original settlement back in February. Disputed transactions under $30 will qualify for a nominal $5 iTunes voucher, while bigger bills may be fully refunded in cash -- but only for strings of purchases made within 45 days of each other, back when there were no repeat password requests or disclaimers to get in a seven-year-old's way. There's a deadline of January 13th, 2014 for at least some types of claim, by which point Apple's litigation administrator may well find themselves diverted to another urgent case.
Apple agrees to $53 million settlement for some iPhones, iPods denied warranty coverage
Documents have been filed in the United States District Court for the Northern District of California for a $53 million settlement between Apple and customers denied warranty coverage on their iPods and iPhones due to water damage. The case is due to Apple's policy not to extend warranty coverage on devices where the indicator tape inside them showed exposure to liquids, however plaintiffs in the class action lawsuit argued the indicator could change color due to moisture or humidity. Apple does not acknowledge any wrongdoing in the settlement, which is still awaiting approval from the court, however customers with warranty claims denied prior to June 2010 (iPod touch) or December 31st, 2009 could be eligible for as much as $300 depending on the device owned and how many claims are filed. The scenario the plaintiffs cite is just the kind of thing we worried about back in 2006, and will probably remain in the back of our minds if we need to have any of our hardware serviced in the future no matter how much Apple and others work on more advanced detection systems.
Apple reaches settlement with parents over in-app purchases
Parents whose children purchased in-app items for real money without them knowing are going to receive compensation from Apple. As reported by GigaOM, the company has reached a settlement today in a class action lawsuit filed against it in 2011, and will issue a US$5 iTunes gift card to those who make a claim. If the claim is for more than $5, Apple will add a credit to the person's account, while claims over $30 will be paid in cash. The suit was originally brought against Apple by a Pennsylvania man named Garen Meguerian, whose daughter racked up more than $200 in in-app purchases without his knowledge. For its part, Apple sought to limit such purchases by requiring an account password to be entered for each IAP. In the suit, Meguerian suggested that a second, different password be required for IAPs. Under the proposed settlement, those seeking to receive payment from Apple will have their iTunes purchase histories reviewed to ensure that the purchases were actually made, and must attest that their children made the purchases without their knowledge and without being given the account password. The settlement is currently awaiting approval by a federal judge. [Via Apple Insider]
Google accused of tracking iPhone users, up to 10m could sue in the UK
The Guardian is reporting that Google may be hit with a slew of lawsuits over the company's clandestine monitoring of Britons who use the Safari web browser on iPhones, iPads and Macs. Google admits that it bypassed Safari security settings that blocked sites from tracking user habits through cookies. Last February, security researchers found that Google's DoubleClick ad network was storing cookies on devices even when users had chosen to block them. In the US, Google paid the Federal Trade Commission (FTC) a US$22.5 million fine based on the same privacy invasion. In the UK, the Guardian reports that at least 10 iPhone users have started legal proceedings and dozens more are "being lined up." Plans are being made to form a group to make an "umbrella privacy action." The total class size is estimated at 10 million users. News of the legal action was reported by the Sunday Times of London. Privacy advocate Judith Vidal-Hall was quoted as saying that Google was guilty of "electronic stalking" and was angered "that our data is either being sold or passed on to third parties." Vidal-Hall was one of two signees of a letter before action sent to Google execs in the US and UK.
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.
Sharp settles LCD price fixing dispute with Dell and others for $200 million
In an LCD panel price fixing tiff that's been raging on for what seems like time incarnate, Sharp has settled with Dell and two unnamed companies for $198.5 million to make it go away. Japanese panel makers like LG, Samsung and Toshiba are also defendants in the legal dragnet, and numerous fines and settlements totaling more than a billion dollars have already been paid out to the likes of AT&T and the US Department of Justice. This decision comes hot on the heels of an $87 million setback in court for Toshiba -- a ruling that may have taken the edge off of Sharp's defense.
Toshiba hit for $87 million in LCD price fixing verdict, maintains innocence
Toshiba decided not to settle when faced with allegations of price fixing, and now the company may have to pay the price. A jury handed down a verdict in the District Court for the Northern District of California today, hitting the company with $87 million in damages as part of a class action suit. The civil suit, separate from the criminal charges some of its alleged co-conspirators faced, wrapped today with the decision to award consumers $70 million and gave $17 million to manufacturers who purchased the company's panels. Toshiba may not actually have to pay up, however, thanks to settlements struck by others caught up in the same scandal, which could cover the damages. Regardless, the company maintains its innocence and actually plans to pursue "all available legal avenues" to reverse the decision. For more of Toshiba's response, check out the PR after the break.
Judge refuses request to dismiss ebook class action suit
Apple received a legal slap on Wednesday when U.S. District Judge Denise Cote rejected a request to dismiss a class action lawsuit against Apple and five publishers. Cote scoffed at the idea that Apple and the publishers acted independently in coming up with what's known as agency pricing, their defense to the charges that they were price-fixing ebooks. Not only that, she accused Steve Jobs at being at the center of it all. Parts of the opinion, as excerpted by paidContent, reads: In short, Apple did not try to earn money off of eBooks by competing with other retailers in an open market; rather, Apple 'accomplished this goal by [helping] the suppliers to collude, rather than to compete independently.'" "Finally, the fact that Apple might have had different motivations for joining the conspiracy, and was involved in only a portion of it, does not undermine the existence of the conspiracy itself or Apple's role as a participant. Cote also cites ongoing investigations against Apple, including the antitrust suit filed by the U.S. Department of Justice, as other reasons to maintain the class action suit, filed in August 2011.
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 who refused a free bumper case can now claim $15 settlement
iPhone 4 owners who didn't accept a Bumper case as part of a class-action suit regarding the device's antenna are now eligible to receive US$15 from Apple, AppleInsider reports. Apple initially offered free Bumpers in 2010 for a brief period. Those eligible for the settlement had to have been the original owner of an iPhone 4 before February 17. The settlement offer is good through August 28.
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.
