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Case ID: 2726 | Technology | 09/23/2003
The parties have reached a tentative settlement in a class action filed against Pacific Bell Internet Services and Compaq Computer Corporation on behalf of Californians who purchased a promotional package consisting of free Internet service and a Compaq computer between July 7, 2000, and January 31, 2001. The action alleges that the companies made misleading representations regarding the specifics of the promotional deal in violation of state consumer protection laws. Eligible claimants must send in a claim form postmarked no later than November 10, 2003.
The action alleges that Pacific Bell and Compaq guaranteed that they would provide a computer and DSL service within 30 days, and failed to do so. The promotion promised that purchasers would not have to make payments until January 2001, and would therefore get free DSL service until that time. The action alleges that this was deceptive advertising, since DSL service was not made available until after January 2001. Allegedly, the computers that finally arrived included a non-Compaq monitor that would not work correctly with the computer--Compaq offered to upgrade the monitor for an additional fee. Further, the action alleges that the companies charged excessive shipping and handling fees to make up for the loss of profits they suffered because of the promotional discounts. The settlement apparently provides for cash payments to be made to eligible claimants based on the type of claim that they make. The settlement will not be effective until the court grants it final approval. The court has scheduled a hearing on the matter for October 9, 2003. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Technology Cases of Interest Louisiana resident John Kiel Patterson filed a lawsuit that claims Apple's iPod can cause hearing loss. The suit, submitted to a San Jose, Calif. federal court seeks class-action status, compensation for hearing loss suffered by iPod users, and demands that Apple Computer update the iPod software so the portable music players can't blast tunes at more than 100 decibels.
Several class actions have been filed against electronic trading technology infrastructure company NYFIX, Inc., (Nasdaq:NYFXE) and certain of its officers and directors by stockholders who purchased the company's common stock between March 30, 2000, and March 30, 2004. The actions claim that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. A class action has been filed against Input/Output Inc. (NYSE:IO), a TX based provider of seismic acquisition imaging technology, and certain of its officers and directors by stockholders who purchased the company's common stock between May 10, 2004 and January 4, 2005. The action claims that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. The stockholders seek to recover compensatory damages for the loss of value of their stock. Several class actions have been filed against software company BEA Systems, Inc., (Nasdaq:BEAS) and certain of its officers and directors by stockholders who purchased the company's common stock between November 13, 2003, and May 13, 2004. The actions claim that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. Several class actions have been filed against Chinese e-commerce company World Information Technology, Inc. (OTC BB:WRLT.PK), and certain of its officers and directors by stockholders who purchased the company's common stock between January 3, 2003, and March 16, 2004. The actions claim that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. Millions of U.S. consumers have purchased a Sony PlayStation 2 for use as a combination game console/DVD player. A national class action has been filed against Sony Computer Entertainment America, Inc. on behalf of consumers who allege that the company violated state consumer protection and unfair business practices laws when it deceived them by advertising that the PlayStation 2 video game console also functions reliably as a DVD player.
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