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Case ID: 3260 | Miscellaneous | 03/22/2004
A California jury has reached a nearly $1 billion verdict in a class action filed against Bank of America, NA, on behalf of Californian Social Security recipients who had their direct deposit accounts tapped to pay the bank overdraft and other charges between August 1994 and December 2003. The action alleged that the bank violated state law by assessing the charges even though the recipients’ Social Security payments were directly deposited into their accounts. No money will be distributed until all appeals have been exhausted.
The case revolved around a California law that prohibits banks from taking customers' Social Security benefits to recover debts owed to the bank. The action was filed six years ago by Paul Miller, a disabled photojournalist, whose income of roughly $640 per month came from Social Security and Supplemental Security Income. The troubles started when the bank improperly credited Mr. Miller with $1,800, but deducted it later, throwing Mr. Miller's life into turmoil. The jury deliberated five days to find for some 1.1 million mostly elderly and disabled customers whose bank accounts were debited about $284 million for nonsufficient fund charges. The jury awarded $75 million in damages to the statewide class for violating the state unfair business practices act, California Business & Professions Code 17200. Additionally, they awarded another $1,000 in damages to each class member on claims they suffered economic and emotional harm under the California Consumer Legal Remedies Act for negligent misrepresentation. If you are a member of the class, please contact the attorneys for the class for more information. 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 Miscellaneous Cases of Interest The U.S. Federal Trade Commission has charged Canadian defendants Pinacle Publishing and M.D.S.C. Publishing with scamming small businesses and charities in the United States out of millions of dollars by billing them for business directory services they did not order or authorize, in violation of federal law. The FTC charges that the defendants refuse consumers’ requests to cancel the services, and use an in-house collection service to harass consumers whose accounts allegedly are past-due. Timeshares can be a valuable investment, if chosen carefully. A nationwide class action has been filed against ILX Resorts, Inc. on behalf of purchasers of vacation ownership interests in the Los Abrigados timeshare resort in Sedona, Arizona, or the Premiere Vacation Club operated by the company alleging that ILX and its subsidiaries sell their properties to more people than could actually use them, siphon off maintenance fees as profits instead of using them for their stated purpose, and conduct bait-and-switch selling tactics in violation of Arizona's Consumer Fraud and the Real Estate Timeshare Acts.
"Grease" co-creator Jim Jacobs filed a $100 million class-action federal lawsuit in New York charging multiple cruise ships with stealing his broadway performing show. Jacobs' suit charges cruise lines have staged thousands of performances of "Grease" through the years without paying or receiving the necessary permission. American Express Financial Advisors (AEFA), a division of American Express, was served August 1, 2005 with a motion that asked Federal Court in Arizona to certify a class of more than 500,000 former AEFA clients. The motion was filed by leading plaintiffs attorneys in Arizona. In the Class Certification motion, the former clients allege that AEFA violated fiduciary duties and perpetrated a scheme to defraud its investing clients through the Company's sale of Financial Plans. UPC codes are ubiquitous these days— and they are all licensed by the same company. The parties have reached a tentative $3,895,000 settlement in an nationwide action filed against the Uniform Code Council, Inc. on behalf of all persons that paid a membership fee to and acquired a company prefix from UCC prior to August 28, 2002, and to whom UCC mailed an unreturned "renewal invoice" for membership in UCC, or who otherwise paid a renewal fee to UCC. To take part in the settlement, participants must submit a claim form postmarked no later than March 10, 2004. U.S. District Judge Matthew Kennelly certified a federal lawsuit as a class action, making Cook County, Illinois potentially liable for the strip searches of some 250,000 men who have entered the County Jail since Jan. 30, 2004. |
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