Car Wash Company Carnett's Headed To GA Supreme Court in Unsolicited Fax Ad Case |
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The class has been certified in a class action filed against car wash company Carnett’s, Inc. on behalf of up to 73,500 persons who received advertisements over their fax machines in violation of the federal Telephone Consumer Protection Act. The action seeks between $500 and $1500 damages per fax sent as allowed by the Act.
After a trip to the Georgia Court of Appeals, the case may now be going to the Georgia Supreme Court. The Court of Appeals ruled that the lower court erred in denying certification-- the Court of Appeals overturned that ruling, reasoning that the proposed class met all necessary requirements to gain certification.
The lower court ruled that a class action would not be a superior method for achieving a fair and efficient adjudication of the controversy. "In this case," the appeals court stated, "a class action is a superior method of adjudicating what would otherwise be some 73,500 identical TCPA claims for a mere $500."
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Other Technology Cases of Interest
Several class actions have been filed against AOL Time Warner, Inc. and certain of its officers and directors by stockholders who purchased Purchase Pro, Inc., (Pink sheets: PROEQ) (now known as Pro-After, Inc.) common stock between March 20, 2000, and May 21, 2001. 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. The stockholders seek to recover compensatory damages for the loss of value of their stock. 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. 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.
On November 17, 2004, the Court approved the proposed settlement in a class action that had been filed against the San Diego Association of Realtors, the North San Diego Association of Realtors, the Pacific Southwest Association of Realtors, Incorporated, the East San Diego County Association of Realtors, Incorporated, the Coronado Association of Realtors and Sandicor, Incorporated for charging smaller realtors higher fees to a multiple listing service (MLS) than larger firms from 1990 to the present. The class action lawsuit was filed July 15, 2005 by New York attorneys on behalf of purchasers of shares in game publisher Majesco seeking monetary compensation. The lawsuit alleges violations of the federal securities laws by Majesco Entertainment Company and certain of its officers and/or directors. The lawsuit is on behalf of purchasers of the securities of Majesco Entertainment Company (NASDAQ: COOL) between December 8, 2004 to July 12, 2005, inclusive (the "Class Period") seeking monetary compensation under the Securities Exchange Act of 1934.
Your PDA isn’t much good to you if it can’t interface with your computer in a reliable manner. The parties have reached a tentative nationwide esettlement in an action filed against Palm, Inc. on behalf of all persons who own or owned a Palm personal digital assistant model m500 or m505, also known as a “Palm Handheld” manufactured by the defendant. Claim forms apparently must be postmarked by December 22, 2004, to be considered valid.
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