Posts Tagged ‘class action’
Sony orders gamers to sign away rights or face ban from PSN
Sony is preparing to ban gamers from the PlayStation Network (PSN) unless they waive the right to collectively sue it over future security breaches. The firm has amended PSN’s terms and conditions and users have to agree to them next time they log in…
The new clauses, dubbed “Binding Individual Arbitration,” state that “any Dispute Resolution Proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general action”…
Those that want to opt out will have to send a letter to Sony’s Los Angeles headquarters in the US. Once they do, the subscribers will be able to keep their right to file a class action lawsuit without any need for arbitration.
But before subscribers have a chance to opt out, they will still be required to agree to the new terms the next time they log into their accounts. Otherwise they will not be able to use the online services.
In many countries, forcing individuals to agree to contracts which violate constitutional rights – are automatically invalid. Someone might mention that to Sony.
Lawsuit filed in Canada over car collisions with moose
See that big thing in the road? That’s a moose.
Two Canadians injured in car collisions with moose in Newfoundland have filed a class-action lawsuit against the province, claiming it has not properly controlled the animal’s numbers…
Ben Bellows and Hugh George have both been paralysed by injuries sustained in separate car accidents involving moose.
More than 700 of the animals are struck each year by motorists in the province…
There are roughly 125,000 moose in Newfoundland, a province with 480,000 residents…
Both Mr Bellows and Mr George, who have been restricted to wheelchairs following their accidents, are…seeking financial assistance in the case…
About 40 other people have also signed on to the class-action suit, Mr Crosbie added.
I wish Mr. Bellows and Mr. George no ill for their injuries – and I have no idea how the Provincial government or Canada will handle such a lawsuit. Here in the Rockies it would be considered nothing more than a nuisance and frivolous lawsuit.
In my neck of the prairie, the law governing fences, for example, takes into account free-ranging wild animals – and cash crops like cows. City folks think fences are to keep things inside the fence. Out here, fences are put up to keep things out. Like cows, like moose or elk. It’s the law.
When I still was on the road, I used to drive an East-West stretch of Colorado state highway every two weeks, at night, where hundreds of deer/car collisions happened, every year. And Colorado doesn’t make the top 10 states for deer-car collisions. I drove at the speed limit or below. Used my high beams and driving lights whenever I could – without bothering an oncoming driver. There are lots of tips.
The United States still averages about 1.5 million deer-car collisions a year. That’s slightly better than 2 a minute!
Not hitting a deer is your responsibility. Not the state. Not the police. And certainly not the deer. They ain’t any smarter than a 6-year old child – and it’s your responsibility not to drive over them either.
99 Cents store taken to court for raising price to 99.99¢
A fraction of a penny is amounting to one big headache for 99 Cents Only Stores.
Two years ago, the City of Commerce retailer — faced with rising inflation and higher costs — raised the top price of its goods to 99.99 cents from 99 cents. Company executives thought it was a clever way to increase sales while staying loyal to the chain’s love for the number 99.
But the move seems to be riling some customers who say they weren’t aware of the nearly one-cent increase and felt duped into believing they were still paying 99 cents “only.” Because U.S. currency makes it impossible to pay 99.99 cents for an item, shoppers are essentially paying $1 plus tax at the cash register.
Now the company faces two class-action lawsuits that were filed in Los Angeles County Superior Court this month. The complaints allege unfair and deceptive business practices and misleading advertising.
“If they call themselves 99 Cents Only, it should be 99 cents,” said Dan Callahan, an Orange County lawyer…
The lawsuits are asking for unspecified monetary compensation and contend that 99 Cents Only should have been more clear in its advertising. A judge will decide whether the cases can proceed as class-action suits.
You know, I realize my penchant for rare – but distinctive – thoughts of violence are somewhat offputting. But, I think there should be at least a limited hunting season on some lawyers.
Just let each of us choose whichever one we’d like stuffed and mounted.
Sidekick disaster will ultimately co$t Microsoft – big time! UPDATED
Additional insiders have stepped forward to shed more light into Microsoft’s troubled acquisition of Danger, its beleaguered Pink Project, and what has become one of the most high profile Information Technology disasters in recent memory.
The sources point to longstanding management issues, a culture of “dogfooding” (to eradicate any vestiges of competitor’s technologies after an acquisition), and evidence that could suggest the failure was the result of a deliberate act of sabotage.
What starts out reading like high tech conspiracy theories becomes more real as you follow the details, follow the money, follow the office politics.
Ultimately, resolution of the damage done to T-Mobile, the Sidekick brand which they own, will come down to cash. Lots and lots of cash.
Microsoft being sued for charging downgrade fees
Microsoft Corp., the world’s largest software maker, has been sued over claims it relies on predatory and anti-competitive behavior to charge consumers to downgrade operating systems on their personal computers.
Emma Alvarado of Los Angeles County, California sued in Seattle federal court asking for class-action status on behalf of consumers who want to buy computers with pre-installed Microsoft Windows XP instead of the company’s newer operating system, Vista.
“Microsoft has used its market power to take advantage of consumer demand for the Windows XP operating system by requiring consumers to purchase computers pre-installed with the Vista operating system and to pay additional sums to ‘downgrade’ to the Windows XP operating system,” according to the complaint.
Microsoft is trying to salvage Vista, which businesses and consumers panned after it went on sale in 2007. With the economy shrinking, companies are putting off new projects and technology purchases. Windows sales declined 8 percent last quarter, compared with Microsoft’s forecast for growth of as much as 10 percent.
Microsoft charged consumers $104 for the downgrade, and extended the offer to July, “likely due to the tremendous profits that Microsoft has reaped from its downgrade option,” according to the complaint.
How to run a business and retain customers, guys. How much are you charging your corporate customers to do the same?
Settlement reached over scratched iPod nanos. Whoop-de-doo!
Daylife/Getty Images
Cast your mind back to the golden yesteryear of 2005. George W. Bush had started his second term; Million Dollar Baby had come away with the Academy Award for Best Picture; and the English cricket team won the Ashes. Oh, right, and Apple introduced a brand new kind of iPod, the iPod nano, to replace its previous best-selling model, the iPod mini.
Unfortunately, some unlucky consumers who jumped headfirst into the pool of first-generation Apple products found themselves the owners of iPod nanos that were rather easy—okay, let’s say very easy—to scratch and otherwise damage. Turns out that some of those nanos escaped the factory without the protective coating that should have been on the front.
They felt they were forced to turn to legal action to get their problem addressed. And now—more than three years after those poor iPods got themselves all cut up—a settlement has been reached, and Apple’s writing checks to the tune of $15 (if Apple sent you a free slip case as a result of your complaints) or $25 (if you didn’t get a case).
In order to be a valid member of the settlement class, you have to have bought a first-generation iPod nano with an uncoated front—you can find out by entering your serial number on the serial number website. Then just sit back and wait for the money to slooooowly roll in.
In this litigious society, it’s easy to waste more time trying to get more than you were offered – than if you just walk away with a reasonable offer in the first place. Poisonally, I’ve been treated well by Apple warranties.
“Grand Theft Auto” settlement dwarfed by lawyers’ bill
Lawyers who sued the makers of the video game “Grand Theft Auto: San Andreas” profess to be shocked that few people who bought the game were offended by sex scenes buried in its software.
Any purchaser upset about hidden sex in the violent game could file a claim under a settlement the lawyers struck with its maker, Take-Two Interactive. Of the millions of people who bought the version after its release in 2004, exactly 2,676 filed claims…
Far bigger than the payout to plaintiffs will be the fees sought by the lawyers who brought the class action. Seth Lesser and his colleagues at 10 other law firms have asked for more than $1.3 million – compared with less than $30,000 that Take-Two Interactive’s lawyers say it will spend to resolve the claims for $5 to $35 each, or a clean copy of the game.
Fracking hilarious cautionary tale. Best example on the planet of self-serving thugs in lawyer suits.
You may be eligible…
You can sign up today to receive free credit monitoring services from the credit bureau TransUnion due to a settlement the company reached on a class-action lawsuit.
The credit monitoring service offered by TransUnion is worth $59.75, according to the settlement.
There’s a load of baloney about 2 kinds of services. The cheaper of the two services also gets you some kind of cash settlement. I don’t know how much that is – but, getting something back from these thugs is an accomplishment on its own.
The deal ends a class-action lawsuit that was filed after TransUnion sold customer information in the form of marketing lists to other businesses. The company says it discontinued that practice in 2001. TransUnion denied any wrongdoing.
Under the terms of the agreement, the company will set up a $75 million fund to spread the word about the settlement and to pay attorneys and other claims.
You can file your claim beginning June 16. Go to the Web site at www.listclassaction.com. You can also call the TransUnion settlement number at (866) 416-3470.
If you borrowed money in the past twenty-one years, you’re probably on the list.
Thanks, K B
