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Case ID: 4920 | Consumer Products | 09/22/2006
Two unsatisfied customers recently filed lawsuits against Cingular Wireless on behalf of themselves and others with the same problem.
James Strawn and James Staton are each suing Cingular over a $2.99-per-month fee that they say they never agreed to. The fee, they say, provided roadside assistance. Plaintiffs hope their lawsuits, filed Sept. 12, will "enjoin and redress the unlawful, unfair and/or deceptive acts or practices employed by Cingular, which involve the fraudulent imposition of a $2.99 monthly charge for a purportedly 'optional' roadside assistance service that plaintiffs never requested or enrolled for." The lawyer that filed the case put a stipulation of limited damages on the case, saying no plaintiff requests more than $75,000, attorneys fees included. The benefits of the disputed fee, the suit says, include a towing service, battery service, flat tire assistance, fuel delivery service, lockout assistance and key replacement. "However, Plaintiffs and Class members were not given an option," the complaint continues. "Instead, the roadside assistance was part of a bundled transaction, whereby the plaintiff and class members had to catch the roadside assistance charge and opt out of it. "Otherwise, if Plaintiff and Class members failed to catch the charge, Cingular automatically enrolled them for the roadside assistance service and imposed a $2.99 monthly charge." It charges the company with violating the West Virginia Credit and Consumer Protection Act. Yianne also put a limit on the total amount of damages that can be received of $5 million. The lawsuit seeks to represent any person with Cingular Wireless service that did not agree to the $2.99 monthly charge. 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 On February 18, 2005, the Court dismissed a class action lawsuit that had been filed in the District Court of New Jersey against Opta Corporation for violations of the New Jersey Consumer Fraud Act. Class members seek compensatory and treble damages, injunctive relief, reasonable attorney's fees, interest and costs of the suit. The parties have reached a settlement valued at $31.5 million in a class action filed against Microsoft Corporation on behalf of New Mexicans who, between December 1995 and December 2002, indirectly purchased Microsoft operating system, productivity suite, spreadsheet, or word processing software for use in New Mexico. The action alleged that Microsoft violated Mexico’s antitrust laws by illegitimately using its monopoly power. Persons eligible to take part in the settlement may contact attorneys for the class for more information. Kahn Gauthier Swick is seeking persons who have used over-the-counter homeopathic nasal solutions Zicam or Cold-Eeze, and who have suffered an intense burning sensation in their nasal cavities immediately after using either of the products followed by a loss of smell and taste long after they were over their cold. If you or a loved one has used either of these preparations, please contact Kahn Gauthier for more information. Americans have come to place great faith in product labels. The parties have reached a tentative $3 million settlement in a nationwide class action filed against dietary supplement manufacturer The Chemins Company, Inc. and its owner, James R. Cameron, on behalf of all persons who purchased for their personal consumption powdered protein products manufactured by the company from January 1, 1993, to January 31, 2002. Claims must be postmarked on or before September 15, 2003, to be considered valid. A class action has been filed against International Paper Company (Int'l) by Presswire Printing Company alleging that Int'l and others conspired in restraint of trade to artificially raise, fix, maintain or stabilize the price of publication paper in the United States from 1990 to the present. Samsung Electronics Co. and Hynix Semiconductor Inc. are making large compensation payments to U.S. consumers who filed class-action lawsuits over the two companies' fixing of computer memory chip prices. In 2005, the chipmakers were ordered by the U.S. Justice Department to pay $300 million and $182 million in fines, respectively, for their roles in price-fixing activities. On top of the fines, the two companies are paying compensation money to U.S. consumers who filed damage lawsuits.
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