Tag: Payless Shoes

Week Adjourned: 9.21.12 – Arctic Zero, Payless Shoes, Citizens Bank, TD Bank

The weekly wrap on top class action lawsuits and settlements for the week ending September 21, 2012.

Top Class Action Lawsuits

Zero Truth? Before you take what you think may be a harmless mouthful of melt-in-your-mouth pleasure—namely Arctic Zero frozen desserts—WAIT—that ‘150 calorie per pint’ thing—may not be entirely accurate. At least that’s the claim in a consumer fraud class action lawsuit filed against Arctic Zero this week. The lawsuit claims the frozen desserts have 46% to 68% more calories than advertised. If this is true, it is seriously bad news for everyone.

The lawsuit, entitled Brenda Freeman v. Arctic Zero, Inc., Case No. 12-cv-2279 L BGS, US District, Southern District of California, alleges the company deceptively labels and markets its frozen treats as having only “150 calories per pint.” However, the frozen desserts contain up to 68% more calories than advertised based on findings from recent independent laboratory tests performed by EMSL Analytical, Inc. The deserts include Arctic Zero Chocolate Peanut Butter, and Arctic Zero Vanilla Maple which allegedly has 46% more calories than the 150 calories prominently advertised on the front of the product packaging as well as on its nutritional label, according to the class action lawsuit.

The Arctic Zero class action lawsuit is seeking to represent a proposed class of all U.S. persons who, since 2009, purchased any Arctic Zero frozen desserts advertised as containing 150 calories per pint or less. They’re seeking damages and restitution for Class Members as well as an injunction barring Arctic Zero from continuing to falsely advertise the calorie content of their products.

Top Settlements

Payless to PayMore? Payless shoes looks set to pay more to settle fraudulent advertising claims for its Champion toning shoes. A proposed settlement (the “Settlement Agreement”) has been reached in the consumer fraud class action lawsuit against Payless ShoeSource, Inc. (“Payless” or “Defendant”). The Payless toning shoe lawsuit has been brought on behalf of a nationwide class of persons who purchased any Champion-branded style of toning shoes.

The lawsuit alleges that Payless engaged in untrue and deceptive advertising promotion and marketing practices associated with its Champion-brand toning shoes. You may be a member of the Settlement Class and might be eligible to receive a merchandise certificate worth $8.00 if you are a person who purchased any Champion-branded toning shoes during the period January 21, 2006 through June 25, 2012.

If you are a Settlement Class member and the Court gives final approval to the Settlement Agreement:

  • You may be entitled to receive an $8.00 merchandise certificate (a “Settlement Payment”).
  • You will be giving up the right to bring certain legal claims in the future, as discussed more fully below.

To Submit a Payless Toning Shoe Settlement Claim Form

If you are a Settlement Class member and would like to receive your Settlement Payment, you must submit a Claim Form, either through the mail or by by clicking here. You will be giving up legal claims against the Defendant and other related entities. Your claim must be submitted or postmarked no later than January 5, 2013.

If you do nothing, you will not receive your Settlement Payment. You will, however, still be giving up legal claims against Defendant and other related entities.

To Exclude Yourself from the Payless Toning Shoe Settlement

You will receive no benefits, but you will not be giving up your right to sue Defendant or related entities.

If you believe you are a Settlement Class member and would like further information, go to paylesstoningshoeclassaction.com

More bang on your buck? Umm, maybe not. Hopefully not. It all depends on whether or not preliminary settlements are approved in two class actions brought against Citizens and TD Banks.

This week, a federal judge in Miami preliminary approved two settlements in the excessive overdraft fees class action lawsuits against Citizens Bank and TD Bank. If approved, Citizens and TD Banks would be the first two of 14 banks to settle their cases. The settlement agreement will see Citizens pay $137.5 million and TD $62 million. Cha ching!

The lawsuit alleged the banks charged excessive overdraft fees on checking account customers. Specifically, the banks’ internal computer system re-sequenced the actual order of its customers’ debit card and ATM transactions, by posting them in highest-to-lowest dollar amount rather than in the actual order in which they were initiated by customers and authorized by the bank. The plaintiffs alleged that this practice resulted in bank customers being charged substantially more in overdraft fees than if the debit card and ATM transactions had been posted in the order in which they were initiated and authorized.

A final hearing seeking approval of the settlements is scheduled for March 7, 2013.

Okee dokee. That’s it for this week—See you at the bar.

Week Adjourned: 1.27.12

A weekly wrap up of top class action lawsuits and lawsuit settlements for the week ending January 27,2012.

Top Class Actions

Ex Pro Football Players go head to head with NFL Over Concussions. Yup—that’s right. The NFL is facing a class action lawsuit filed on behalf of all former NFL players, including seven named players and four spouses over concussion and related health effects.

The named players include former Philadelphia Eagles Ron Solt, Joe Panos, and Rich Miano. The lawsuit charges that the NFL and other defendants intentionally and fraudulently misrepresented and/or concealed medical evidence about the short- and long-term risks regarding repetitive traumatic brain injury and concussions and failed to warn players that they risked permanent brain damage if they returned to play too soon after sustaining a concussion.

Ron Solt, age 50, was an all-star guard for the Eagles from 1988 to 1991 and also played for the Indianapolis Colts, playing 10 seasons in all from 1984 to 1993. He suffered at least one concussion during an NFL game while with the Eagles, as well as multiple head traumas and concussions during practice that were never medically diagnosed. He now suffers from substantial memory loss and persistent ringing in his ears.

Joe Panos, age 41, played as an offensive lineman in the NFL from 1994 to 2000 and was with the Eagles from 1994 to 1997. He sustained concussions while with the Eagles and Buffalo Bills. He currently experiences headaches, memory loss, irritability, rage, mood swings, and sleeplessness.

Rich Miano, age 49, played as a defensive back for 10 seasons in the NFL between 1985 and 1995 and was with the Eagles from 1991 to 1994. He is now associate head coach of the University of Hawaii football team. He sustained at least one concussion while playing but is currently asymptomatic.

Gennaro DiNapoli, age 36, was an NFL center and guard from 1998 to 2004 who sustained repeated head impacts during his NFL career. He suffers from severe depression, memory loss, headaches, anxiety and mood swings.

Adam Haayer, age 34, was an offensive lineman from 2001 to 2006 for four teams. He had at least four concussions or concussion-like symptoms and deals with memory loss, depression, and anxiety. Daniel Buenning, age 30, played as an offensive lineman in the NFL for four seasons from 2005 to 2008. He suffers from substantial memory loss, depression, trouble with concentration, short attention span, and mood swings.

Craig Heimburger, age 34, played on the offensive line for four teams between 1999 and 2002. He sustained multiple head impacts and concussions and suffers from dizziness, memory loss, and intense headaches.

Also named in the complaints were the wives of several players including Lori Miano, Summer Haayer, Ashley Buenning and Dawn Heimburger.

Lawyers representing the plaintiffs said this action is necessary because the NFL knew about the debilitating and permanent effects of head injuries and concussions that regularly occur among professional players, yet ignored and actively concealed the risks.

The lawsuit charges that the NFL voluntarily joined the scientific research as well as public and private discussions regarding the relationship between concussions and brain impairment when it created the Mild Traumatic Brain Injury (MTBI) Committee in 1994. Rather than naming a noted neurologist to chair this committee, it appointed Dr. Elliott Pellman, a rheumatologist who was a paid physician and trainer for the New York Jets, a conflict of interest, and had training in the treatment of joints and muscles, not head injuries. While the committee was established with the stated purpose of researching and lessening the impact of concussions on NFL players, it failed to inform them of the true risks associated with head trauma.

Although athletes who suffered brain trauma in other professional sports were restricted from playing full games or even seasons, NFL players with similar head injuries were regularly returned to play with devastating consequences.

The lawsuit seeks medical monitoring, compensation, and financial recovery for the short-term, long-term, and chronic injuries, financial and intangible losses, and expenses for the individual former and present NFL players and their spouses.

What can I say—it’s a wake-up call a long time in the making.

Top Settlements

Wonder if Payless texted this piece of news…A proposed settlement (the “Settlement Agreement”) has been reached in the class action lawsuit against Payless ShoeSource, Inc. (“Payless” or “Defendant”). You may be a Member of the Settlement Class and might be eligible to receive a merchandise certificate worth up to $25 if you are a person who received one or more text messages promoting Payless products between October 29, 2005 and October 4, 2010. If you are a Settlement Class Member and the Court gives final approval to the Settlement Agreement:

You may be entitled to receive a $25 merchandise certificate (a “Settlement Payment”) or a lesser pro rata amount if the total of all claims exceeds $6,000,000.

If you are a Settlement Class Member and would like to receive your Settlement Payment, you must submit a Claim Form, either through the mail or by filling out a claim form on the claims administrator’s website. You will be giving up legal claims against Defendant and other related entities. Your claim must be submitted or postmarked no later than February 6, 2012. To find out more about the terms of the settlement and how to qualify or be excluded—visit paylesstextsettlement.com.

One could argue this lawsuit went into overtime… but it looks like a happy ending… for the employees that is. An announcement this week—that Novartis Pharmaceuticals Corporation (NPC) has agreed to pay $99 million to settle a nationwide wage and hour class action brought by 7000 Novartis sales reps who allege NPC reps weren’t paid overtime.

The case has been working its way through the courts since 2006, and stems from claims that the sales reps don’t qualify as “outside sales” employees which would make them exempt from overtime pay. This issue has been the source of several wage and hour class actions brought by pharma sales reps from different companies who have alleged that Fair Labor Standards Act exemptions don’t apply to them.

Ok—That’s a wrap for this week. See you at the bar!