Consumer Protection Class Actions
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Consumer Protection Class Actions
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CPM is one of the most experienced law firms in the country in Key Contacts
representing consumers in class action lawsuits against businesses and Niall P. McCarthy
corporations. Class actions are lawsuits in which an individual, or a nmccarthy@cpmlegal.com
group of individuals, sues a business on behalf of all individuals who have Justin T. Berger
jberger@cpmlegal.com
similar claims against the business. By allowing numerous claims to be
brought in one lawsuit, class actions provide redress for harms that Brian Danitz
bdanitz@cpmlegal.com
might be too small to address through individual lawsuits. The firm
typically represents consumers in class actions against corporations that
have engaged in fraud, or produced defective and dangerous products.
CPM acted as co-lead national class counsel in predatory lending actions
against some of the largest mortgage lenders across the country. In
addition, CPM has ongoing cases and investigations, launched by
individuals contacting the firm, into predatory lending and credit card
practices, unfair debt collection practices, misleading advertising and
labeling, and many other practices designed to fleece consumers of their
hard-earned money.
If you would like to discuss your potential or pending consumer
protection class action case, please follow up with Niall McCarthy, Justin
Berger, or Brian Danitz.
Noteworthy Cases
In re Apple Inc. Device Performance Litigation
Co-lead counsel for putative class of iPhone6, SE and 7 owners involving
computer intrusion and trespass claims related to the alleged throttling
of device performance. On May 15, 2020, the District Court
preliminarily approved a potential $500 million class settlement in this
multidistrict litigation.
PACE Litigation
CPM has teamed up with the non-profit organization Housing and
Economic Rights Advocates ("HERA") to bring this individual and class
action lawsuit in Alameda County Superior Court alleging that certain
S A N F R A N C I S CO B A Y A R E A LO S A N G E L E S / S A N TA M O N I C A NEW YORK S E AT T L E W W W. C P M L E G A L . CO MCONSUMER PROTECTION CLASS ACTIONS � solar finance and installation companies have targeted Latino homeowners in California with intent to defraud them into entering into a PACE Assessment Agreement to finance solar power upgrades to their home. Plaintiff alleges in her complaint that homeowners are repeatedly hounded by robocallers in Spanish and told that a government program requires them to install solar panels. Then when the homeowner finally relents and receives the paperwork, it is all in English and includes an agreement for a priority tax lien to be put on their home and exorbitant and hidden fees and charges to finance the solar upgrade are included--all without the homeowners' knowledge or disclosure to the homeowner in Spanish. Defendants at this time are PACE Funding Group LLC, Green Pace Financial Inc., Complete Solar Inc., and Garantia Solar. Chang v. Beam Financial Inc. USDC, Northern District of California Counsel for putative class of users of Beam Financial’s mobile banking app in a consumer action against the Fin-Tech company. As alleged, Beam represented that it was a secure banking app and specifically promised users high interest rates, no lockup and “24/7 access" to their accounts; contrary to these promises, members have been unable to withdraw their money and have not received the promised interest. The case is currently pending in the Northern District of California. Kofman v. Alexy (“Alex”) Pitt, Lucrazon, Netvence et al. San Mateo Superior Court On February 14, 2017, CPM obtained a $1,295,579 dollar judgment on behalf of an elderly Bay Area resident who was the victim of financial elder abuse. As detailed in the Complaint, Mr. Kofman lost every penny of his carefully saved retirement funds—in total over $1 million—in a merciless scam. Over the past fifteen years, Defendant Alexy Pitt has left in his wake a series of failed business ventures which have harmed employees and investors alike. As alleged in the Complaint, while running an MLM – pyramid scheme scam, Pitt and Lucrazon used Mr. Kofman as a personal piggy bank, going so far as to fly the elderly Kofman down to Irvine when they needed more money. In response to Mr. Kofman’s pleas for repayment, Mr. Pitt told Mr. Kofman "Donald Trump says you need to withstand pressure to be successful in business." Mr. Kofman pursued the case not just in the hopes of recovering some portion of his retirement funds but also with the hope of protecting others who could fall prey to Mr. Pitt. S A N F R A N C I S CO B A Y A R E A LO S A N G E L E S / S A N TA M O N I C A NEW YORK S E AT T L E W W W. C P M L E G A L . CO M
CONSUMER PROTECTION CLASS ACTIONS � Hanson v. Pro Solutions USDC, Northern District of California CPM represents a homeowner who was pursued by a debt collector, Pro Solutions, for unpaid Homeowners Association (HOA) dues. The complaint alleges that Pro Solutions violated the Fair Debt Collection Practices Act and other law by attempting to collect fees and charges that were greater than those allowed by law, and engaged in other illegal debt collection activity. HL Leasing Ponzi Scheme Fresno County Superior Court PM obtained a jury verdict for $46.5 million against the top two senior officers of HL Leasing, Inc. for their involvement in a Ponzi scheme. The jury verdict came three days after the court had entered a directed verdict for $114 million against HL Leasing, Inc., Heritage Pacific Leasing and Air Fred, LLC for a Ponzi scheme in which over 1200 victims lost approximately $137 million. (Jury Verdict 2011) Pardini v. Unilever United States, Inc. United States District Court, Northern District of California CPM and another firm represent consumers in a class action against corporate giant Unilever. One of Unilever’s many products, “I Can’t Believe It’s Not Butter,” falsely advertises that it offers a healthy alternative to butter, as a purportedly fat-free and calorie-free spray. Innocent consumers, many of whom have been given directives from their physicians to avoid fatty and high calorie foods, have relied upon I Can’t Believe It’s Not Butter’s promises, when in fact, the product contained 1295 calories and 137 grams of fat per 12-ounce bottle. Yet, to rake in profits, Unilever included statements on the nutrition panel claiming, “Calories 0” and “Total Fat 0g per serving.” Similarly, the front label stated “0 Calories per serving” and “0g fat per serving.” These misrepresentations misled and deceived all purchasers during the class period, who paid a hefty premium for false promises and put their health at risk. The suit alleges Unilever violated California and Missouri consumer protection statutes by making nutrient content claims that misled reasonable consumers to believe the heavy premium was worth the benefits. S A N F R A N C I S CO B A Y A R E A LO S A N G E L E S / S A N TA M O N I C A NEW YORK S E AT T L E W W W. C P M L E G A L . CO M
CONSUMER PROTECTION CLASS ACTIONS � Credit Counseling Industry Suit names Chase, Money Management International and Others USDC Central District of California CPM filed a consumer fraud case against JP Morgan Chase & Co., Chase Manhattan Bank USA, Money Management International (also known as Consumer Credit Counseling Service) and Money Management By Mail, Inc. for fraudulent “debt counseling” and debt collections in the subprime credit industry. The cases settled for $11.4 million. Anastasiya Komarova v. MBNA America Bank, N.A.; National Credit Acceptance, Inc. San Francisco Superior Court In a rare jury trial against a credit card collection agency, a San Francisco jury ruled in favor of a young woman who was the victim of an abusive campaign to force her to repay a debt she never incurred. Anne Marie Murphy and Justin T. Berger represented Anastasiya Komarova, who was awarded $600,000 from National Credit Acceptance, Inc. in 2008. Komarova had been subjected to nearly a year of hostile telephone calls to her workplace and a spurious arbitration proceeding, all over a bogus credit card debt and despite the fact that she repeatedly told the agency she never had an account with the credit card company in question. In issuing its verdict, the San Francisco Superior Court jury described National Credit Acceptance's conduct as "outrageous." The verdict is believed to be one of the largest verdicts in the country by a sole plaintiff alleging credit abuse. Northern Trust Bank of California Los Angeles County Superior Court CPM filed a class action on behalf of beneficiaries of fixed-fee trusts charged excess trustee fees over a 20-year period. The case returned tens of millions of dollars to consumers. S A N F R A N C I S CO B A Y A R E A LO S A N G E L E S / S A N TA M O N I C A NEW YORK S E AT T L E W W W. C P M L E G A L . CO M
CONSUMER PROTECTION CLASS ACTIONS � News Class Action Lawsuit Filed Against Chrysler for Defect Causing Unexplained Explosion and Fire in Pacifica Hybrids 03.21.2022 CPM Helps Beam Financial Users Sue After Months of Withdrawal Delays Law360, 11.13.2020 CPM Files Class Action Lawsuit Against Gohagan & Company and Travel Guard 05.07.2020 CPM Helps Apple iPhone Consumers Impacted by Software Throttling Reach Historic Settlement 02.28.2020 Doskocz v. ALS Lien Services: Additional Information for Potential Class Members 01.06.2020 LENOVO ADWARE LITIGATION SETTLEMENT CPM Announces $17 Million Settlement for Purchasers of VIZIO Smart TVs Over Privacy Violations 2019 CPM client Oakland couple sues fertility clinic over damaged eggs The Mercury News, 06.15.2018 Western Center on Law and Poverty Honors CPM Partner Julie L. Fieber for Class Action Representation 06.14.2018 Judge Appoints CPM Founder Joe Cotchett as Co-Lead Counsel in the Apple Device Battery Throttling Case 05.15.2018 Lumber Liquidators Announces Memorandum of Understanding to Settle Class Actions for CPM Clients Related to Chinese-Laminate Flooring 10.24.2017 Court Upholds CPM Clients Consumers' Claims that Vizio Unlawfully Collects and Uses Private Consumer Data Collected through its Smart TVs in Cutting-Edge Privacy Case 2017 S A N F R A N C I S CO B A Y A R E A LO S A N G E L E S / S A N TA M O N I C A NEW YORK S E AT T L E W W W. C P M L E G A L . CO M
CONSUMER PROTECTION CLASS ACTIONS � CPM Battles Price Fixing in Domestic Air Travel CPM Fights for Consumers Against Price Fixing of Capacitors Used in Electronic Devices CPM Files Cutting Edge Privacy Case CPM Achieves Class Action Settlement with ProSolutions, a Debt Collection Company CPM Files First In The Nation Class Action Against Samsung For Exploding Samsung Note 5, S6 And S7 Series Phones 11.02.2016 CPM Partner: Exploding Samsung 7 Phones Are Just the Tip of the Iceberg 10.19.2016 Tow companies take AAA to court over 'threats' East Bay Times, 05.06.2016 CPM Partner Frank Pitre Chosen as One of Two of State’s Top Consumer Lawyers Among Dream Team to Lead Nationwide Class Action Cases Against Volkswagen 2016 CPM Appointed Lead Counsel In Resistors Antitrust Class Action 12.21.2015 These Lawyers Want You to Know Slaves May Be Feeding Your Cat Bloomberg, 12.10.2015 CPM client sues Costco over allegations of slave labor used for farming shrimp Legal Newsline, 10.16.2015 CPM Achieves $197 Million Settlement in Price-Fixing Whistleblower Lawsuit Involving Freight Companies Costco Taken to Court by CPM in Class Action Case for Knowingly Selling Slave Labor Shrimp to Unsuspecting Californians 08.19.2015 CPM Awarded Co-Lead Counsel in Lumber Liquidators Case 08.05.2015 S A N F R A N C I S CO B A Y A R E A LO S A N G E L E S / S A N TA M O N I C A NEW YORK S E AT T L E W W W. C P M L E G A L . CO M
CONSUMER PROTECTION CLASS ACTIONS � CPM Awarded Co-Lead Counsel in Lenovo MDL Case Law360, 07.28.2015 CPM's Unfair Competition Litigation Against HSBC Moves Towards Trial in New York CPM Brings Putative Class Action Against Best Buy Over Misstated Battery Life (Herron v. Best Buy) CPM Pursues Class Action Against Pro Solutions Alleging Illegal Debt Collection Activity 23andMe ADR Clause Passes Muster With Koh The Recorder, 07.26.2014 CPM Files Lawsuit Regarding Counterfeit, Non-FDA Approved Medical Devices Implanted Into Bodies 07.17.2014 CPM Obtains Top Verdict of 2014 Law360, 07.14.2014 CPM Gets a Thumbs Up on the Recorder's BAR-ometer The Recorder, 06.27.2014 CPM Partners Cotchett, Fineman and Schnarr Win San Francisco Trial Lawyers Association Trial Lawyer of the Year Award 04.17.2014 CPM Prevails as Judge Holds Companies Liable for Lead Paint Manhattan Beach Patch, 01.08.2014 CPM Prevails as Court Makes Final Ruling on $1.15 Billion Award to Remove Lead Paint from Homes in CA Counties 2014 San Mateo County’s $55M settlement would go into lead program San Mateo Daily Journal, 12.19.2013 California Judge Orders Lead Paint Cleanup Wall Street Journal, 12.16.2013 Companies told to pay $1.1 billion in lead paint cleanup San Francisco Chronicle, 12.16.2013 S A N F R A N C I S CO B A Y A R E A LO S A N G E L E S / S A N TA M O N I C A NEW YORK S E AT T L E W W W. C P M L E G A L . CO M
CONSUMER PROTECTION CLASS ACTIONS � CPM Name Partner Frank Pitre is Consumer Attorneys of California's 2013 Consumer Attorney of the Year 11.17.2013 CPM Appointed Interim Co-lead Counsel in HSBC Overdraft Fees Litigation in New York 07.23.2013 Hazardous lead paint: Legal battle comes to trial in California San Jose Mercury News, 07.14.2013 CPM Files Lawsuit Against Chevron for Defrauding Royalties Owners 2013 CPM Selected to the National Law Journal Litigation Boutique Top 10 Hot List 02.11.2013 CPM Achieves Final Approval for AT&T/Cingular Class Action Settlement on Behalf of Consumers 10.09.2012 CPM Represents Plaintiff Songwriter, Capitol Won't Surrender Royalties In 80s Singer's Suit 06.12.2012 Frank Pitre Receives Edward I. Pollock Award CPM Selected as Co-Lead Counsel for Toyota Class Action Cotchett, Pitre & McCarthy First Law Firm to Interview Bernie Madoff in Federal Prison CPM Facilitates $894 Million Pfizer Settlement SRAM Motion for Class Certification Granted; Cotchett, Pitre & McCarthy Appointed Lead Counsel 09.29.2008 CPM Named as a Top 10 Litigation Practice in Northern California 2008 Publications Punitive Damages: How Much Is Enough? Civil Litigation Reporter., Volume 20, Number 1 (Feb. 1998) S A N F R A N C I S CO B A Y A R E A LO S A N G E L E S / S A N TA M O N I C A NEW YORK S E AT T L E W W W. C P M L E G A L . CO M
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