Articles Posted in Class-Action

Several privacy lawsuits against Google, Inc. have been consolidated in the U.S. District Court for the District of Delaware following a ruling by the Judicial Panel on Multidistrict Litigation (JPML). In In Re: Google Inc. Cookie Placement Consumer Privacy Litigation, the JPML found that “eight actions involve common questions of fact, and that centralization in the District of Delaware will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation.” In a footnote, the JPML also acknowledged the presence of twelve other related actions that may also be consolidated for adjudication. In total, there are at the time of writing 16 cases consolidated in this action. Continue reading →

Facebook faces a lawsuit by new shareholders in the social networking company, filed less than a week after its IPO.

The shareholders allege that Facebook misled them by filing untrue statements in legal filings with the S.E.C., failed to prevent such statements from being misleading, and did not properly prepare the documents for prospective shareholders.

While another shareholder sued NASDAQ yesterday over the exchange’s acknowledged trading glitches, but this lawsuit specifically targets Facebook, board members, and investment banks.
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That didn’t take long.

A class action lawsuit was filed yesterday against NASDAQ by an individual investor accusing the stock exchange of botching his Facebook stock (FB) orders on the day of the IPO.

Plaintiff Phillip Goldberg alleges that he “placed purchase and cancellation orders for Facebook’s stock that NASDAQ failed to promptly and accurately execute” last Friday, May 18, 2012, causing he and scores of other investors to suffer losses on their trades (view the lawsuit below).

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Facebook’s IPO on Friday brought with it problems for NASDAQ.

The exchange’s CEO Robert Greifeld acknowledged that NASDAQ had a host of trading glitches on the day of the IPO, including a foul-up with the trading system’s ability to handle order cancellations.

Now, NASDAQ’s admission of its Facebook faux pas prompted an S.E.C. inquiry, and securities class action lawyers are prospecting for clients.
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A new class-action lawsuit accuses Apple of raining on iCloud users’ service, charging that the company’s promise that “migrating from MobileMe to iCould would be ‘effortless’ was one of many “misrepresentations” to consumers.

The lawsuit alleges that Apple duped MobileMe customers into believing that they would get a newer, improved service, but that “their forced migration to the iCloud platform” has resulted in them “not be[ing] able to access the features they were promised by Apple.”
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Martha Davis, a founding member of the ’80s rock band The Motels, filed a class action lawsuit today against the EMI record label.

Davis and her group are known for their 1980’s chart topping hits, “Only the Lonely” and “Suddenly Last Summer.”

The legendary songstress accuses the label that she and The Motels originally signed with of shorting her out of music royalties due under the parties’ original contract (read the lawsuit below).
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East Bay soul funk legend Tower of Power filed a class-action lawsuit against Warner Music on Tuesday, charging that the record label Warner Music, Inc. stiffed them out of music royalties by mischaracterizing digital downloads as sales, instead of licenses that pay artists a much higher premium.

Tower of Power co-founders Emilio Castillo and Stephen “Doc” Kupka’s breach of contract case charges that their 1972 agreement (the ‘Agreement’) with Warner Music entitles the band to 50% of gross receipts for Warner’s redistribution by digital downloads download via third parties.

Warner, the band contends, intentionally mischaracterizes these digital downloads as sales to pay them at a ten-percent (10%) royalty rate under the ‘sold’ equation of the parties’ original 1972 Agreement.
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Yahoo! Mail user Albert Rudgayzer sued the Silicon Valley web portal yesterday, charging that Yahoo’s revelation of users first and last names when they send email violates the portal’s own Terms of Service (‘TOS’), constituting a breach of contract. He seeks relief under federal and California state law.

Rudgayzer, a New York lawyer, alleges that he began using Yahoo email around October 2011. He filed the lawsuit in a pro se capacity in the U.S. District Court for the Northern District of California (read the lawsuit below).
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A new federal class action lawsuit (see below) charges that a host of well-known social media, app, and mobile device companies stole “literally billions of contacts” from users’ personal address books by illegally ‘harvesting’ personal data on the sly, without their knowledge or consent.

The 152-page complaint seeks monetary damages under both federal and Texas state law that could be enormous, injunctive relief, equitable relief “to mandate fixes to these mobile devices and apps” to stop alleged privacy violations, as well as attorneys fees and expenses.
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PayPal was hit with a class-action lawsuit today alleging that the company violated a federal communications law by sending consumers unsolicited text messages.

The lawsuit charges PayPal with violating the Telephone Consumer Protection Act, a federal law designed to protect consumers from unwarranted, unsolicited phone communication from automatic telephone dialing systems (read the lawsuit below).
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