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Case ID: 4653 | Technology | 02/10/2006
Matthew Enderlin, an Arkansas resident, filed a class action lawsuit against XM Satellite Radio claiming that the company's marketing of its music channels as completely commercial free is "false, misleading and deceptive." The lawsuit, filed in the U.S. District Court for the Eastern District of Arkansas, seeks punitive damages and to ban the D.C. company from advertising and selling "commercial-free" products. The complaint states that XM's commercial-free claim violates the Arkansas Deceptive Trade Practices Act and identifies similar statutes in 41 states and the District of Columbia.
XM advertises that their service is commercial-free when, in fact, it's anything but," said the attorney for Mr. Enderlin. The lawyer continues "Mr. Enderlin repeatedly heard promotions for text-messaging services provided by a large telecommunications company on XM music channels." Attorneys for Mr. Enderlin will file a motion for class-action certification within the next 60 days in which Mr. Enderlin would represent a national group of similar consumers who subscribed to the service or bought equipment needed to hear it since Nov. 12, 2001. The suit does not give an exact number of potentially affected consumers, but it estimates it to be "in the millions." XM recently surpassed 6 million subscribers, compared with November 2001 when the company estimated it had 5,000. 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 seller of online marketing tools sued Google Inc., on June 29, 2005, charging that the Web search giant has failed to protect users of its advertising program from "click fraud," costing them at least $5 million. Several class actions have been filed against dental laser system manufacturer Biolase Technology, Inc. (Nasdaq:BLTI), and certain of its officers and directors by stockholders who purchased the company's common stock between October 29, 2003, and July 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. A class action lawsuit was filed against Ubisoft for using Starforce DRM in their games. The lawsuit, filed in U.S. District Court for the Northern District of California, claims that Starforce DRM can compromise Windows operating systems’ security. Any virus or trojan can control a computer through the installed Starforce DRM, despite the security measures taken in newer versions of Windows. Several class actions have been filed against health information purveyor NDCHealth Corporation (NYSE: NDC) and certain of its officers and directors by stockholders who purchased the company's common stock between October 1, 2003, and March 31, 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 in the Southern District Court of New York against the Open Joint Stock Company (NYSE: VIP) and certain of its officers and directors by stockholders who purchased the company's common stock between March 24, 2004 and December 8, 2004. The Company, also known as Vimpel Communications or Vympel Communicatii, operates under the 'Bee Line GSM' brand in Russia and 'K-mobile' and 'EXCESS' brands in Kazakhstan. VimpelCom is recognized for introducing two digital cellular communications standards in Russia.
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 computer technology giant Hewlett-Packard Company (NYSE:HPQ) and certain of its officers and directors by stockholders who sold the company's common stock between September 4 and November 5, 2001. The actions claim that the defendants violated federal securities laws by failing to disclose Director Walter Hewlett's opposition to the 2001 merger with Compaq Computer Corporation, thereby artificially deflating the price of the company's securities. |
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