A comprehensive collection of our active and recently settled cases and investigations

12/12/2013

23andMe, Inc. Class Action Lawsuit

23andMe Class Action Audet and Partners False Advertising Lawsuit

Class Action Lawsuit Against 23andMe Alleges False and Misleading Advertising and Misappropriation of Personal Genetic Data A number of class action lawsuits has been filed against the genetic testing company 23andMe for false and misleading advertising and for misappropriating personal genetic information of their customers. On November 22, 2013 the FDA issued a warning letter to 23andMe alleging that the company's marketing materials violated federal laws by making medical claims that have never been federally approved and asked the company... Read More
12/05/2013

Kolbe Windows Breach of Warranty Investigation

kolbe-windows-breach-of-warranty-lawsuit

Audet and Partners, LLP is investigating consumer complaints that windows manufactured by Kolbe & Kolbe Millwork Co., Inc. ("Kolbe") are prone to premature, chronic air and/or water penetration following residential and commercial installation.  Consumer complaints also include Kolbe falsely advertising its windows as requiring little or no maintenance and Kolbe's failure to properly honor its express warranties after becoming aware of alleged product defects and associated problems experienced by consumers. Kolbe's alleged product defects, its alleged false representations, and its failure... Read More
11/24/2013

AZEK Decking False Advertising Investigation

azek-false-advertising-claims

Audet and Partners, LLP is investigating potential claims for false advertising on behalf of consumers who purchased AZEK Decking products.  AZEK manufactures an alternative to natural wood decking made from the synthetic material PVC. AZEK markets and advertises their PVC decking as low maintenance and able to avoid the typical drawbacks seen in traditional wood and composite decking, such as staining, scratching, splitting and moisture related problems. Nevertheless, customers are finding out that they aren’t getting what they were promised.... Read More
11/04/2013

Atlas Roofing Defective Shingles Investigation

atlas-roofing-lawsuit

Audet and Partners, LLP is investigating potential claims including false representation and breach of warranty against Atlas Roofing Corporation in connection with the company's manufacture and sale of the following roofing systems: • Chalet • GlassMaster • Pinnacle • StormMaster Slate • StormMaster LM • Stratford Audet and Partners, LLP has noted complaints raised by Atlas customers that, despite express warranties ranging from 25 years to lifetime, Atlas Shingles exhibit premature failures including cracking, buckling, curling, blistering, degranulation, and leaking.  Additionally, this premature shingle failure has allegedly... Read More
09/01/2013

Tremco Roofing Systems

tremco-roofing-systems-defective-roofing-systems

Audet and Partners, LLP is investigating potential claims against Tremco, Inc. for false advertising and the sale of defective roofing systems.  A former Tremco employee testified that Tremco, Inc. failed to disclose the true quality of roofing systems to various governmental entities and the company sold defective roofing products, materials and systems to these entities both directly and through various roofing contractors. This testimony eventually led to a settlement in which Tremco agreed to pay more than $60 million to the... Read More
08/01/2013

Lenox and Superior Fireplace Recall

lenox-fireplace-recall

On July 25, 2013, Lenox Hearth Products initiated a voluntary recall of several models of fireplaces sold under the Lenox and Superior brands that, according to the U.S. Consumer Product Safety Commission, pose a risk of potentially dangerous gas leakage.  The defect in these units relates to internal gas connectors that may allow gas to escape, posing risk of fire and injury. The recall targets approximately 11,500 fireplaces sold by HVAC retailers and installers throughout the United States between April 2012... Read More
07/16/2013

Behr Deck Stain

behr-deck-chipping-and-peeling-photos

Audet and Partners, LLP is investigating claims that wood stains manufactured and distributed by Behr Process Corporation may be prone to premature cracking and peeling after periods of use well within the manufacturer's warranty. Behr deck stain has been the subject of considerable consumer dissatisfaction expressed on various Internet sites. Recently, there have been reports of the Behr deck stain cracking, chipping, and peeling early on after application and well within the warranty period set by the manufacturer.  Many consumers claim... Read More
07/15/2013

Granite Ridge Roofing Shingles

granite-ridge-shingles-breach-of-warranty

  Audet and Partners, LLP is investigating claims that Granite Ridge architectural shingles manufactured by Gerard Roofing Technologies ("Gerard"), a division of Metals USA, Inc., are defective and fail to perform in accordance with the 50-year product warranty issued by the manufacturer.  In one claim, a homeowner's association of a 25-building condominium complex in Texas paid nearly $1 million for installation of a Granite Ridge roofing system.  The installation of the Granite Ridge panels was installed under the supervision of a... Read More
07/15/2013

Georgia-Pacific PrimeTrim Building Trim

georgia-pacific-primetrim-lawsuit(1)

Audet and Partners, LLP is investigating claims that PrimeTrim, a synthetic building molding product manufactured, marketed, and sold by Georgia-Pacific often fails to perform up to warranty standards and marketing representations touting the product as more durable than traditional lumber.  To the contrary, many owners of buildings that have incorporated PrimeTrim have allegedly found that PrimeTrim has shown signs of deterioration, rotting, swelling, buckling, delamination, water absorption, warping and/or bulging well before the expiration of the 30-year express warranty provided... Read More
07/02/2013

Dollar General Employment Class Action

dollar_general_meal_break_class_action

Audet and Partners, LLP has filed a class action against Dollar General Corp. (“Dollar General”) in the United States District Court for the Middle District of Tennessee, Case No. 3:13-cv-00652, alleging violations of the Federal Fair Labor Standards Act, as well as specific employment statutes within the State of Tennessee. The lead plaintiffs in this lawsuit allege that while working between 32-40 hours per week, they were given meal breaks but as supervisory “keyholders” they were not allowed to leave... Read More
06/25/2013

Tamko Roofing Shingles Warranty Claims

tamko_roofing_warranty

Audet and Partners, LLP is investigating potential legal claims on behalf of consumers who purchased various types of roof shingles manufactured by TAMKO Building Products, Inc.  The company, based in Joplin, Missouri, backs most shingles that it manufactures with limited warranties ranging from 30 to 50 years (see accompanying chart). Complaints, however, have come to our attention from homeowners alleging roofing failures within ten years from the date of installation.  Several consumers have alleged that upon presenting warranty claims to TAMKO,... Read More
04/19/2013

Stericycle, Inc. Excessive Billing

stericycle_excessive_charges

Stericycle, Inc., a publicly-traded company with revenue swelling 14.1% in 2012 to $1.96 billion, maintains an expansive network of medical waste transport vehicles, collection sites, and treatment facilities in the United States and 11 international markets.  Stericycle's extensive customer base includes hospitals, laboratories, physician practices, dental offices, long-term care facilities, blood banks, veterinarians, and other generators of biohazardous waste. Following the enactment of the Medical Waste Tracking Act of 1988, Stericycle was formed in 1989.  Since becoming a publicly-traded company in... Read More
03/08/2013

Employer Liability for Illegal Restroom Videotaping

illegal-videotaping-by-finish-line

In another victory for employees and privacy rights, a ruling issued this week against Finish Line, Inc. will further establish employer liability in cases involving illegal videotaping of employees by a store manager. In Antonelli v. Finish Line, Inc., ADRS Case No. 12-5331-JCI, a binding arbitration ruling denied Finish Line, Inc.'s Motion for Summary Judgment on most claims brought by Plaintiff employees, including specific statutory violations, as well as invasion of privacy and infliction of emotional distress. The Plaintiffs, represented by... Read More
02/25/2013

Force-Placed Insurance Lawsuits

force-placed-flood-insurance-lawsuit

CLASS ACTIONS CONTINUE TO BE FILED FOR FRAUDULENT FORCE-PLACED INSURANCE Over the past year, state and other governmental agencies have uncovered a long standing fraudulent practice where lending institutions such as Banks and mortgage companies were receiving kickbacks from insurance carriers in order to be awarded force-placed insurance contracts. These insurance policies are placed on a home by the lender when a property owner’s own insurance is cancelled, lapsed or is deemed insufficient and the homeowner fails to secure a replacement... Read More
12/17/2012

“Finish Line” Hidden Video Camera Privacy Lawsuit

Finish Line, Inc. (NASDAQ: FINL) is the second largest athletic retailer based in the United States, with international headquarters in Indianapolis, Indiana. The company, founded in 1996 by RJ DAVIS and David Klapper, operates over 600 stores in 48 states under the Finish Line name. Defendant Finish Line is a Delaware corporation with its principal place of business in Indianapolis, Indiana. Finish Line is a premium retailer of athletic shoes, apparel, and accessories. Currently, Finish Line owns and operates 660 stores... Read More
11/21/2012

Mexico Class Action Filed Against British Petroleum

gulf_of_mexico_oil_spill

Between April and July 2010, it is believed that the explosion of BP's Deepwater Horizon drilling rig resulted in leakage of some 4.9 million barrels of oil into the Gulf of Mexico. In a subsequent effort to cosmetically reduce the appearance of oil on the water surface, BP covered the oil spill with 1.9 million gallons of Corexit, an oil dispersant known to be mutagenic to fish. Now, more than two years after the spill, studies are demonstrating that zooplankton -... Read More
11/19/2012

Defective Central Air Conditioning Units Sold by Goodman and Amana

amana-air-conditioner-lawsuit

Audet and Partners, LLP has brought a class action lawsuit based on claims that Goodman and Amana manufactured and sold air conditioner units since 2008 that failed to conform to reasonable consumer expectations based on express product warranties.  In the air conditioner class action lawsuit, it is alleged that central air units were sold during this time containing defective evaporator coils prone to premature rupture.  This defect commonly leads to leakage of the refrigerant Freon causing the units to seize up... Read More
11/15/2012

Spam Text Lawsuits

text-spam-lawsuit

Spam Text Lawsuits   Audet & Partners, LLP has been on the forefront of the issue of not only privacy protection, but abuse by corporations of new technologies, including abusive and costly spam texting.  Spam texting is not just an annoyance, but is in many cases, illegal and in violation of federal and state law.  At Audet & Partners, LLP, we investigate claims relating to spam texting to determine whether these laws have been violated and what can be done to not... Read More
11/14/2012

Mirena IUD Lawsuits

mirena-lawyers-audet-and-partners

Mirena IUD, manufactured by Bayer, was approved by the FDA in 2000 as a contraceptive device recommended to women who have had at least one child. This small, t-shaped plastic device is inserted by a health care professional and can be left in place for up to five years. Among its marketing strategies for the Mirena IUD, Bayer held “Mirena Parties” for “busy moms” in connection with the social networking site Mom Central. At these gatherings, a representative from Mom Central... Read More
09/14/2012

Alleged “Flushmate III” Exploding Toilets

flushmate-small

After people were injured by "exploding toilets" the Consumer Products and Safety Commission ordered a recall of over 2.3 million Sloan Flushmate III toilets.  This was a very popular toilet because of its of its powerful flush.  However, the system apparently wasn't strong enough to withstand the air and water pressure it created, causing the tank lid to rise and shatter the tank.  There have already been over 300 flushmate problems reported involving toilets that have burst causing plumbing and... Read More