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Case ID: 3534 | Consumer Products | 07/06/2004
The parties have reached a $5 million settlement in a class action filed against Florida-based auto dealer Ferman Management Services Corporation and several affiliated dealerships on behalf of persons who bought or leased a vehicle from a Ferman dealership between July 1, 1998, and December 31, 2002. The action alleged that the dealerships failed to give adequate disclosure of finance and insurance products on its standard sales and lease agreements, in violation of Florida consumer protection law. Persons eligible to take part in the settlement should contact the attorneys for the class for more information.
The products that are the subject of this litigation are optional products and services that dealers provide. Examples of these products include service contracts, vehicle maintenance contracts, vehicle and anti-theft protection products (window etching, decals, etc.), GAP deficiency waiver addenda, tire and wheel protection policies, roadside assistance products, vehicle security systems, lease excess mileage or wear and tear products, credit life insurance, and credit disability or accident and health insurance products. Three sub-classes of claimants may take part in the settlement: Sub-class 1: purchasers of any finance and insurance product during the applicable period, who are not members of sub-class 3, and to whom the product price was not adequately disclosed on the signed (1) product registration form; (2) buyer’s order; and (3) retail installment sales contract or lease. Members of this sub-class will get a refund for the amount of the finance and insurance products they paid for, plus interest. Sub-class 2: purchasers of any finance and insurance product during the applicable period, who are not members of sub-classes 1 or 3, and to whom the finance and insurance product price was not adequately disclosed on the signed retail installment sales contract or lease. Members of this sub-class will get a pro-rated share of a $500,000 fund. This amount may be increased if the payments to sub-class 1 do not equal a certain amount. Sub-class 3: purchasers of any finance and insurance product during the applicable period, who have already received a refund check during 2002 or 2003 from Ferman. Members of this sub-class will get $10 in addition to any refund amount that they already received. The settlement does not affect the viability of the products that class members purchased with their vehicles. The settlement was finalized in a court hearing on November 26, 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 Consumer Products Cases of Interest Several class actions have been filed against Italian dairy giant Parmalat Finanziaria S.p.A (Pink: PARAF.PK, formerly OTCBB: PARAF) and certain of its officers and directors by stockholders who purchased the company's common stock between January 5, 1999, and December 29, 2003. 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 has been filed on behalf of consumers who purchased the “Thinking 21C” program from education and consulting services provider/retailer Stratia Group. The complaint alleges that Stratia claimed that “Thinking 21C”, a collection of DVD’s and associated counseling services, would “open the eyes of purchasers to the way the world really works”. The program promised to reveal “intricacies and loopholes” that purchasers could use to eliminate debt and increase wealth. Plaintiffs contend that in fact, after purchasing the program, Stratia provided bogus and fraudulent debt counseling services that had the effect of dramatically worsening the plaintiff’s debt and credit problems. Plaintiffs seek damages of 2.25 million per count in the eight count complaint, together with treble punitive damages. A class action lawsuit has been filed in the United States District Court, Southern District of New York against Western Gas Resources, Inc. and Hunter Shively. The case involves violations of antitrust law. No additional information about the substance of the allegations is available at this time. Classactionamerica.com will monitor this case and provide additional details as soon as they become available. On October 29, 2004, the Court ordered this case to be consolidated with Cornerstone Propone v. Reliant Energy et al. A new lawsuit filed by New York attorneys against publisher Take Two Interactive is seeking class action status. The lawsuit is on behalf of purchasers of Grand Theft Auto San Andreas over the 'Hot Coffee' scandal. Florence Cohen says she bought the video game Grand Theft Auto: San Andreas for her 14-year-old grandson without knowing it contained hidden, sexually explicit scenes at a time when the controversial game was rated M (Mature), for gamers 17 years and over. Her suit is reported to be "on behalf of consumers nationwide".
The Enterprise Mobility Company filed a lawsuit against Harvard Battery, Inc. and Global Technology Systems, Inc. d/b/a Honeywell Batteries for copyright, design patent and utility patent violations. The lawsuit, filed in the United States District Court for the Eastern District of New York, alleges both companies are selling batteries that infringe Symbol's intellectual property. The class has been certified in a nationwide lawsuit filed against Trex Company, Inc., on behalf of persons who purchased Trex decking materials between 1992 and 2004. The action alleges that Trex is defective and does not meet its marketing and warranty assertions, in violation of state consumer protection laws. Persons eligible to take part in the action may contact the attorney for the class for more information. |
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