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Case ID: 2908 | Technology | 11/18/2003
A class action has been filed against Internet service provider Earthlink, Inc. on behalf of Massachusetts subscribers who allege that the company breached its contract with them when it bought out their previous Internet provider. The action seeks unspecified compensatory damages.
In 2001, EarthLink purchased OneMain.com--a local Cape Cod, Massachusetts, service provider used by many small business owners to host their websites and receive e-mail. The action alleges that the takeover went terribly, their services interrupted, websites and passwords disappearing, and the loss of thousands of dollars in revenue. As many as 18,000 other Cape Cod subscribers were allegedly unable to connect to the Internet, and were forced to change established website addresses and e-mail addresses or lose them. Named plaintiff West Waters is the owner of Codders House of Furniture in Wellfleet, Massachusetts. The action alleges that his website is a major sales tool for his business. When Codders House passwords failed after the 2001 takeover, orders to the business couldn't be placed. Not only that, but online customers were allegedly getting misinformation about the status of the website. With the site's failure, a major leg of Mr. Waters' marketing strategy was ruined. The action alleges that Earthlink was ill-equipped to handle the increase in customers it gained with the takeover, and as a result could not provide unlimited Internet access as stated in original service agreements. 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 A class action lawsuit was filed in California Superior Court on behalf of all customers who have purchased Sony BMG audio CDs containing First 4 Internet's XCP2 software, directly alleging fraud, false advertising, trespass, unauthorized computer tampering, and violation of state statutes regarding the distribution of malware. The suit explicitly claims Sony BMG's copy protection scheme utilizes a rootkit as a means of monitoring operating system transactions without detection. A class action has been filed against Quest Software, Inc. (Nasdaq: QSFT) and certain of its officers and directors by stockholders who purchased the company's common stock between April 30, 2002, and July 23, 2003. A class action lawsuit has been filed in the District Court of New Jersey against Bullseye Media, Inc. alleging, among other things, personal injury and deceptive business practices in violation of the New Jersey Consumer Fraud Act. Bullseye Media is a Pennsylvania based technology and contract for internet and advertising/marketing company. Class members seek to advance public welfare by seeking a restraining order and also seek punitive and compensatory damages. The class has been certified in several consolidated class actions against Internet consulting firm marchFIRST, Inc., (formerly AMEX:MQ) and certain of its officers and directors by stockholders who purchased the company's common stock between March 23, 2000, and November 20, 2000. 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. If you wish to remain a member of the class, you are not required to do anything at the present time. A class action has been filed against drug manufacturer Impax Laboratories, Inc. (Nasdaq:IPXL) and certain of its officers and directors by stockholders who purchased the company’s common stock between May 5, 2004 and November 3, 2004. 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. A class action has been filed against Boston Communications Group, Inc. (Nasdaq: BCGI) and certain of its officers and directors by stockholders who purchased the company's common stock between June 12 and July 16, 2003. 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. |
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