Consumer Protection

11/03/2016

SoftSheen Lawsuit Alleges Hair Loss and Other Injuries

Audet & Partners, LLP is investigation claims by increasing numbers of consumers that a hair relaxer manufactured by L'Oreal and sold under the SoftSheen brand, causes hair loss and a rash of other injuries.  Users of the SoftSheen Relaxer have alleged that the company promoted the product as a safe and effective solution for more full and silky hair, with an active ingredient of alma oil, also known as the gooseberry. The L'Oreal product, widely sold in retailers including CVS and Walmart,... Read More
09/13/2016

RV Refrigerator Lawsuit Alleges That Defects Lead to Explosions and Fire

RV Refrigerator Lawsuit

Audet & Partners, LLP is investigating claims by increasing numbers of consumers in an RV refrigerator lawsuit that refrigerators manufactured by Dometic Corporation are prone to explosions and fire damage.  It has been alleged that within the past twenty years, thousands of gas absorption RV refrigerators manufactured by Dometic have inexplicably combusted causing more than $100 million in property damage and personal injury claims. It is suspected that the defects in the RV refrigerators manufactured by Dometic include premature corrosion that... Read More
09/11/2016

Aloe Vera Lawsuit Alleges Lotions Actually Contain No Aloe Vera

Aloe Vera Lawsuit

Audet & Partners, LLP is investigating the viability of aloe vera lawsuits alleging false advertising by manufacturers and distributors of a range of aloe vera products.  Despite promoting aloe vera gel as containing pure aloe vera, independent laboratory tests suggest that, in fact, many of these products contain little or no actual aloe vera. Products being targeted for these claims include, but are not limited to, the following: • Up & Up Aloe Vera Gel manufactured and sold by Target; • Fruit of the Earth... Read More
07/21/2016

Anthem Lawsuit Alleges Refusal To Pay For Medically Necessary Drugs

Anthem Lawsuit Alleges Denial of Medically Necessary Drugs

Audet & Partners, LLP has brought a class action lawsuit against Anthem, Inc., on behalf of subscribers who were entitled to, and denied by Anthem, "medically necessary prescriptions" as prescribed by their physicians. In the Complaint filed on July 15, 2016 in the United States District Court for the Northern District of California, it is alleged that Anthem has engaged in a systemic practice of denying coverage for medically necessary drugs in many situations where no comparable generic alternative exists, and... Read More
04/12/2016

EMV Credit Card Reader Lawsuit

EMV Credit Card Chip Lawsuit

Audet & Partners, LLP is investigating claims on behalf of small merchants and retailers seeming from fees and charges incurred in connection with transition to the new EMV chip-based point of sale (POS) transaction system recently implemented by major U.S. card issuers. In recent years, prominent financial institutions and credit card issuers including Visa, MasterCard, American Express, Discover, Bank of America, Chase, Citibank, PNC and Wells Fargo issued new credit cards containing EMV chips to customers requiring merchants to install new equipment... Read More
04/12/2016

Kraft Grated Cheese Lawsuit

grated cheese lawsuit

Audet & Partners, LLP has filed a class action lawsuit related to the sale of  "100% Grated Parmesan Cheese" products.  Information has come to light suggesting that these products are not, in fact, 100% Parmesan, but rather are laced with significant amounts of non-cheese additives including an anti-clumping agent derived from wood pulp.  While a lawsuit is currently pending against Kraft, it is also believed that adulterated grated cheese has been sold by retailers including WALMART and JEWEL-OSCO. A recent article published... Read More
02/03/2015

Unsolicited Phone Calls and Messages Continued in 2014

Unsolicited Phone Call Lawsuits

In an effort to curb unscrupulous solicitors and telemarketers, the federal government passed the Telephone Consumer Protection Act ("TCPA") in 1991. The TCPA allows a member of the public to file a lawsuit and collect damages for receiving unsolicited phone calls, faxes, text messages, pre-recorded calls or autodialed calls. The TCPA imposes severe monetary penalties on companies if they violate the provisions of the Act. Courts will award a minimum of $1500 for every intentional violation and $500 for every unintentional violation.... Read More
11/24/2014

Apple iMessage Lawsuit Ruling Sustains Wiretap Act Claims

Audet & Partners, LLP has obtained a favorable ruling against Apple in a lawsuit claiming that Apple violated federal law by intercepting text messages sent to former iMessage users who switched to Android or other non-Apple devices.  In the U.S. District Court for the Northern District of California, Judge Lucy Koh denied Apple's Motion to Dismiss claims alleging violations of the federal Wiretap Act.  In so doing, Judge Koh held that although iMessage users may have given consent for Apple... Read More
09/29/2014

Hotel Add-On Fees Prompt Class Action Lawsuits

Hotel Add On Fees

In an effort to buttress profits similar to hidden charges imposed by airlines for several years, hotels and resorts are increasingly imposing add-on and use fees to customary rates.  These charges may be for "resort fees," charges for mini-bar or in-room snacks, and the like. to the extent that such charges are not clearly transparent to the consumer, the establishment may run afoul of the law and become subject to class action lawsuits by aggrieved consumers. For example, when offering a... Read More
09/16/2014

Navistar Lawsuit Investigation Involving Maxxforce EGR Diesel Engines

Navistar Lawsuit re Maxxforce Engines

Audet & Partners, LLP is investigating class action claims raised in a Navistar lawsuit that the company’s Maxxforce EGR diesel engine may have been sold to consumers in a defective and unreasonably dangerous condition in model years 2008-2013. Recent claims coming to the attention of Audet & Partners, LLP suggest that Navistar trucks sold in these model years were equipped with the Maxxforce EGR diesel engine that may have contributed to a dangerous tendency for these models to break down, leading... Read More
09/10/2014

Rocket Fuel Lawsuit Investigation Re: Ad Fraud

Rocket Fuel Lawsuit Investigation re: Ad Fraud

Audet & Partners, LLP reports that Rocket Fuel, Inc. may have sold advertising inventory to customers possibly viewed more often by automated computer programs, or "bots," rather than by human beings.  In an expose published earlier this year, the Financial Times reported on a Rocket Fuel advertising inventory sold to Mercedes Benz that proved to consist largely of views by automated technology.  The Financial Times cited a report by Telemetry, a UK company specializing in detecting ad fraud, suggesting that 57% of the... Read More
09/03/2014

Dentastix Class Action Lawsuit Investigation

Dentastix Class Action Lawsuit

Audet & Partners, LLP is investigating claims that may form the basis of a class action lawsuit against Mars Petcare, parent company of Pedigree, the manufacturer of Dentastix dog treats.  For some time, Pedigree has been marketing Dentastix as facilitating "up to 80% tartar reduction" in dogs who chew Dentastix.  The National Advertising Division (NAD) of the Council of Better Business Bureaus, however, has issued a public statement disputing the claimed efficacy of Dentastix.  The NAD has stated that in... Read More
08/25/2014

Class Action Against Whole Foods Challenges Homeopathic Claims

Class Action Homeopathic Whole Foods

Audet & Partners, LLP reports that a new class action lawsuit recently brought in the U.S. District Court for the Southern District of Florida challenges claims made by Whole Foods Market, Inc. regarding products including Cough Ease for Kids, Cough Ease, Flu Ease and Arnica Montana 30C.  Each of these claims are based on the assertion that the company extracted a premium for these products from potentially hundreds of thousands of consumers by claiming that the products effectively treat the... Read More
08/12/2014

Luvena Lawsuit by FDA Seeks to Curtail Sales

FDA Luvena Lawsuit

Audet & Partners, LLP reports that the U.S. Food and Drug Administration (FDA) has filed a lawsuit in the United States District Court for the Central District of California against Laclede, the manufacturer of Luvena vaginal moisturizer, to enjoin future sales of the Luvena product. In taking this extraordinary action, the FDA has alleged that Luvena falls within the FDA designation as a "New Drug."  Because Laclede failed to seek and obtain necessary FDA approval for a "new drug," the FDA... Read More
08/04/2014

Hysterectomy Device Recalled Amid Cancer Fears

Johnson & Johnson Hysterectomy Device Recalled

Audet & Partners, LLP reports that Ethicon Endo-Surgery Inc., a unit of Johnson & Johnson, is voluntarily asking doctors to return a device used in performing hysterectomies in thousands of women.  Ethicon's Morcelex device, used in certain laparoscopic surgeries, has come under FDA scrutiny because of the potential of such devices to spread cancerous fibroids. The class of devices known as morcellation devices, which includes Ethicon's Morcelex device, is used in many hysterectomy procedures to break non-cancerous fibroids into smaller fragments... Read More
08/04/2014

Quaker Class Action Settlement Prompts Removal of Trans Fats

Quaker Class Action Lawsuit Addresses Trans Fat

Audet & Partners, LLP reports that Quaker Oats Co. has settled a class action brought in 2010 alleging false advertising related to statements concerning the use of trans fats, or partially hydrogenated oils (PHOs) in various Quaker products. The plaintiffs in the Quaker Oats class action had alleged standing as repeat purchasers of Quaker Oatmeal to Go, and Instant Quaker Oatmeal products.  Plaintiffs alleged that in purchasing the Quaker products they had relied on various statements made on the packaging of... Read More
03/31/2014

Force-Placed Insurance Lawsuit Brought Against Bank of America

Force Placed Insurance Lawsuit Brought Against Bank of America

On March 28, 2014 Bank of America was hit with another class action on behalf of a nationwide group of borrowers who were subject to the bank’s force-placed insurance policies. The force-placed insurance lawsuit, filed in Federal Court in the Northern District of California alleges that Bank of America force-placed flood insurance policies on a San Jose, California woman's home, creating unnecessary and unwarranted coverage. In accordance with the terms of her mortgage and federal law, the plaintiff was forced... Read More
03/26/2014

Force-Placed Homeowners Insurance Update: New Rules Applicable to Mortgage Servicers

Force-Placed Insurance

New mortgage servicer rules were enacted by the Consumer Financial Protection Bureau (CFPB), effective January 1, 2014. The new rules amend Regulations X and Z, under the Real Estate Settlement Procedures Act and Truth in Lending Act, respectively, and create new requirements which must be followed before a mortgage servicer can legally force-place an insurance policy. Force-placed insurance was one of the highest profit margin activities of mortgage services in past years with lenders jumping to replace a homeowners $1,500 policy... Read More
02/26/2014

Pay-for-Delay Tactics of Drug Manufacturers Considered by Supreme Court

Pay for Delay Drug Costs

The debate over "reverse payment" patent litigation settlements continues following the Supreme Court's decision in FTC v. Actavis that such agreements should be individually evaluated to determine whether they violate the anti-trust laws. Reverse payment settlements (aptly referred to as pay-for-delay settlements) arise when a brand drug manufacturer sues a generic drug maker for patent infringement and settles the litigation by paying the generic drug manufacture not to bring the lower-cost generic drug to market for a specified period of time,... Read More
01/23/2014

Target Knew of Data Breach Risks Since 2007, Alleges Class Action Lawsuit

Target Knew of Data Breach Risks Since 2007 Alleges Class Action Lawsuit Following last month’s massive data breach, Target faces a new class action lawsuit alleging the retail giant has known since 2007 that its point-of-sale system was vulnerable to a cyber attack, but chose not to take proper steps to update its systems and protect its customers. Class Action Lawsuit  - Target Ignored Expert Security Warnings Back in 2007 The class action complaint, filed in the U.S. District Court for the Northern... Read More