A "class action" lawsuit is one in which a group of people with the same or similar injuries caused by the same product or action sue the defendant as a group. Other names for lawsuits brought by a number of people who suffered similar harm or losses are "mass tort litigation" and "multi-district litigation" ("MDL9quot;). People seek justice in class action lawsuits when their injuries have been caused by defective products, including pharmaceutical drugs, motor vehicles and other consumer products, and medical devices. Other types of conduct over which people have sued as a class include consumer fraud, corporate misconduct, securities fraud, and employment practices. A type of class action lawsuit is the "mass tort" action. Mass tort litigation is a multi-party lawsuit based on a massive accident, such as an airplane crash, in which many people are injured or widespread personal injuries caused by a defective product, such as a medical device.
If you have been injured by a product or person and you think there are others in your situation, you should seek legal counsel from an attorney who is experienced in representing classes of injured people in this specific type of lawsuit.
What is a Class Action Lawsuit and What is its Purpose?
The class action vehicle is used generally when a number of people have suffered the same or similar injuries. Often many of the individuals' injuries were relatively minor, such that they might not pursue legal redress on their own. Together, however, the value of the claims of the class add up, and suing as a class means consolidating the attorneys, defendant, evidence, witnesses, and most other aspects of the litigation. If the number of people affected by the product or conduct is high, it becomes impractical or even impossible for them to file individual lawsuits. When such an action is permitted, the group files the lawsuit with a representative plaintiff -- called a "named plaintiff" or "lead plaintiff" -- at the forefront.
There are many examples of class action lawsuits. A class may consist of a group of employees who were subjected to race discrimination, a number of patients who were prescribed a drug with injurious side effects, a neighborhood of residents whose homes or families were injured by a toxic spill, all the consumers who purchased a defective product that caused them injuries, or corporate investors who suffered fraud in the purchase or sale of stocks and other securities.
Opting In: Notice to Potential Class Members
Every person who would be affected by the court's decision in the class action is entitled to notice that the action has started. Although it usually is not possible to give every such individual personal notice, all persons who might be affected are entitled to the best notice possible. The court will order that the class representative, through his or her attorneys, make reasonable attempts to notify any unknown class members by general media such as television, an advertisement in a magazine or newspaper, or a posted flyer. The court will tailor the type of notice required to the particular facts of the case.
Those people who are notified then have the opportunity to join in the action -- called "opting in" -- or to decide not participate as a member of the class -- that is, to "opt out." In some cases, individuals don't have the opportunity to opt out. That is, if the action been filed over particular injuries caused by a particular defendant, all people who are similarly situated are automatically in the class and must live with the outcome.
Class action cases involve extensive research, even more than in the typical individual lawsuit. Your attorneys will work to gather evidence to prove that the defendant's product or conduct harmed the class.
Benefits of Class Actions
The class action lawsuit brings together and disposes of thousands of claims at one time that are impractical to litigate individually, making the process much more efficient. The judge decides the basic question of who wins with regard to the entire group. If the defendant wins, the class lawsuit is dismissed and the individuals in the group are prohibited from filing new or individual lawsuits over the same issue against the same defendant. If the class of plaintiffs wins, the court finds the defendant liable for the plaintiffs' injuries, and the amount of recovery is later divided among the plaintiffs.
Because it aggregates small claims, the class action format lowers the often-high cost of litigation. Also, class actions are usually brought by attorneys who are particularly trained and experienced in litigating and managing complicated lawsuits. Although class actions require much more work than the typical civil lawsuit, class action attorneys have what it takes to represent the plaintiffs in the class action.
Another benefit of the class action is that it seeks to ensure that all injured plaintiffs receive something. It may be the case that the defendant is bankrupt or for some other reason cannot afford to pay each individual the full amount necessary to cover his or her losses. When the class wins the lawsuit, each participant receives some payment, even if it is not an amount to fully cover damages. Absent a class action, payment by the defendant would be on a first-come, first-served basis.
Class Action Judgments
In a class action, the court's decision applies to every participant who has opted into the class. All individuals who fit within the court's original definition of a class member are bound by the final court decision, even if they never actually go to court or otherwise participate in the lawsuit.
Payment to the participants in the class action usually follows a "plan of distribution." With the help of the parties and their attorneys, the judge develops the plan to distribute the amount that the plaintiff class won in the lawsuit minus the attorneys' fees and litigation costs. Each member of the class may receive certain percentage of the total amount fund, or may receive a certain dollar figure. In some cases, the attorneys seek and obtain permission for an individualized, in-depth review of each participant's claim, so as to tailor the amount awarded to each class member to the "value9quot; of his or her claim. This method is relatively rare, however, especially in large class actions.
When the parties in a class action lawsuit decide to settle, the presiding judge must approve the settlement, making sure it is fair to all parties.
Consider Meeting with Class Action Lawsuit Attorney
If you have been injured by a product's side effects, an environmental spill in your neighborhood, mistreatment by your employer, or some other civil wrong that has affected multiple people, the best means of redress is a class action. Accordingly, when seeking legal counsel, the best approach is to find an attorney who understands class action lawsuit process.
- 1 Commonwealth financial systems class action lawsuit
- 2 Senate Kills Rule On Class-Action Suits Against Financial Companies
- 2.1 Senate Kills Rule On Class-Action Suits Against Financial Companies
- 2.1.1 Consumer Watchdog Proposes New Rules On Payday Lenders
- 188.8.131.52.1 Fingerhut and Blustem Face Nationwide TCPA Class Action Lawsuit
- 184.108.40.206.2 Big Heart's Kibbles 'n Bits Contains Pentobarbital Consumer Fraud Class Action Alleges
- 220.127.116.11.3 Capital One Facing Class Action Lawsuit Over Post Bankruptcy Credit Check
- 18.104.22.168.4 Brew Dr Kombucha Facing Consumer Fraud Class Action Lawsuit
- 22.214.171.124.5 MAC Faces California Employment Law Class Action Lawsuit
- 126.96.36.199.6 Wells Fargo Facing Auto Loan Fee Class Action Lawsuit
- 188.8.131.52.7 Nature's Bounty Faces Consumer Fraud Class Action Over Biotin Products
- 184.108.40.206.8 Monat Hair Products Faces Hair Loss Class Action Lawsuit
- 220.127.116.11.9 Google Faces Defective Pixel Phone Consumer Fraud Class Action Lawsuit
- 18.104.22.168.10 Alleged Toyota Prius Stall Defect Prompts Class Action Lawsuit
- 2.1.1 Consumer Watchdog Proposes New Rules On Payday Lenders
- 2.2 What Happens to Unclaimed Class Action Money?
- 2.3 What Happens to Unclaimed Money in Class Action Suits
- 2.4 Lawsuits – Mortgage Modification
- 2.5 Merck Coppertone Class Action Settlement
- 2.6 How to File a Class Action Lawsuit
- 2.7 What are Class Action Lawsuits?
- 2.8 Chase Mortage Modification Lawsuits
- 2.9 CitiMortgage Modification Lawsuit
- 2.10 Mortgage Modification Lawsuit Against CitiMortgage
- 2.11 Class Action Suits Against Law Schools
- 2.12 AT&T – Class Action Lawsuit – Excessive iPhone Data Charges
- 2.13 Asbestos-Related Disease – Mesothelioma
- 2.14 Kim, Khloe and Kourtney Kardashian QuickTrim Class Action Lawsuit
- 2.15 Transvaginal Surgical Mesh (TVM)
- 2.16 Zoloft Heart Birth Defect Lawsuits
- 2.17 Chase Adjustable Rate Mortgage (ARM) Lawsuit
- 2.18 Domino’s Background Check Lawsuit
- 2.19 Class Action Lawsuit Against Sony – PlayStation 3
- 2.20 Wells Fargo – Class Action Lawsuit – Mortgage Modification
- 2.21 Class Action Lawsuit – Sirius XM
- 2.22 Class Action Lawsuit – Emdeon Inc.
- 2.23 Class Action Complaint Against Ebix, Inc.
- 2.24 Class Action Lawsuit Against Bank of America Over Mortgage Modification Handling
- 2.25 Dyer & Berens LLP Files Class Action Lawsuit
- 2.1 Senate Kills Rule On Class-Action Suits Against Financial Companies
Commonwealth financial systems class action lawsuit
GAWsuit is progressing through the court system here in the United States, and I wanted to post a more recent update.
Both defendants were served successfully with their respective summons. The time clock is now ticking for the defendants to respond to the allegations levied in the lawsuit that was filed.
As of Friday, a motion for the lawsuit to be certified as a “class status” was filed. The court will now determine whether the conditions are in place for the lawsuit to be certified as a class action lawsuit.
I do not know the time frame for the court to make the decision on class action status, but from the flurry of activity in the past month, I do not expect the certification to take too long. Meanwhile there has been a stay of the lawsuit itself, pending the court’s reclassification of the lawsuit (certification) as a class action lawsuit. I have attached the PDF of the Mtion for Class Action Certification. If you have created a PACER account, here in the U.S., you can also view the other documents available from the lawsuit. There are now 18 items in the lawsuit file list.
The Lawsuit Complaint Has Been Filed With The Court
This post is not coming directly from the law firms representing us. It is a personal informational announcement only.
Today marks the first major milestone of a long process we embarked upon over a year ago: The successful filing of a class action lawsuit by the law firms Susman and Godfrey L.L.P. and Izard Nobel L.L.P. The complaint was filed in the District Court of Connecticut today as case # 3:16-cv-00940.
If you have access to the electronic case filing system, you can find the filing here:
The case has to be accepted and certified as a class action by the court. Once the case has been accepted and certified as a class action, then an initial discovery period will commence. As you all know, I have been gathering archival evidence since before March of 2015, prior to announcing that I was considering forming a lawsuit on April 17 th , 2015. I will not go into details of what evidence we have, but it is quite extensive. I will add that GAW’s activities, through the various forums and websites, were probably the most and best chronicled in the Crypto Industry, through online archiving websites such as WayBackMachine, Archive.is and Bitcointalk. There are quite literally tens of thousands of “snapshots” of posts and such permanently archived.
To address some of the questions I am anticipating to be posed, I have included a basic Q&A below.
Question: How long of a process will this be?
Answer: There is no way to know how long this will take.
Question: What kind of class action lawsuit is this?
Answer: To the best of my knowledge, this will be an “opt-out” class action, should it be certified as a class action lawsuit by the court. An “opt-out” class action lawsuit allows anyone to withdraw from the “class” or group to pursue their own separate litigation against the defendant(s). If you choose to remain in the class, the final result of the litigation (win or lose), will be final and you will not be able to pursue any subsequent legal action(s) relating to the charges and or allegations listed in the class action lawsuit.
You can read about class action lawsuits (U.S. version) here:
Question: When can I expect to see compensation?
Answer: We have to win the case then, we have to collect on any award. Since this is a “jury trial,” to the best of my knowledge, the jury will determine the amount of the award and any amount for damages. The attorney fees are determined by the court in such matters, but “typically” are around 30% of the value of the award. The attorney fees are withheld from collected award amounts.
Please check back to GAWsuit.com for any updates in the future. If you have ECF access to the court system case documents, you can follow everything there as well. Although this will be a long process, I will endeavor to post whatever the law firms request, as well as post a few lines to keep everyone up to date on any developments which occur.
I have been receiving a lot of emails about the lawsuit of late. I was waiting for the law firm to prepare a proper announcement, but it has been too long since I posted an update. Therefore, I decided I will post a new update on the status today, versus keeping everyone in the dark.
Most, if not all, future announcements will invariably emanate from the law firm directly. I will post them here as they are made available.
As you all know, I had been in conversations with a number of lawyers and law firms since April 2015. After a number of negative experiences, we were finally put in touch with a highly prestigious law firm, with over 100 attorneys, and multiple offices around the United States. We started the dialogue in August of 2015.
We have had many conference calls, and exchanged many documents with attorneys of the firm. The lawsuit was accepted by the firm on December 30th, 2015.
As you all know, I have been gathering evidence and copy since early 2015. We are gathering and sorting the information needed to present as evidence to the court, once the “complaint” is filed, and the court certifies “class status” of the lawsuit. The law firm has done a lot of their own due diligence, but we have previously given evidence to them over the past six months.
A short list of prospective plaintiffs was put forward for review by the law firm. Those individuals are awaiting their interviews to be completed. The criteria was extensive and we needed to ensure that the class was well-represented, on all levels of the group, both small and large losses, by solid individuals. All of the lead plaintiffs are from the United States, at this juncture, due to the possible requirement for lead plaintiffs to be present during some of court hearings or, during settlement discussions. Should we need additional plaintiffs, representing the internationally-based victims, I will address such a need at that time.
I cannot list who was chosen as lead plaintiffs in the case at this time, as that will be disclosed at the time of the filing of the complaint, in the court that will be hearing the case.
What is a Class Action Lawsuit
For those of you who are outside the United States, a class action lawsuit differs from a normal litigation against an individual or company. In this case, the lawsuit is for the benefit of all victims, the class, where proof exists to substantiate each member’s claims of loss or damages.
During the final stage of the lawsuit registration process, we asked registrants to upload their supporting documents to GAWsuit.com. Out of the 501 initial registrants, 171 victims completed the process by uploading their proof of loss documents. These individuals have supported their claims that they lost money from the GAW scheme. In a U.S. court of law, the judge will consider such “complaints” for class status, starting at 21 plaintiffs (or when there are 40 or more with supporting evidence). Since 171 people have uploaded their supporting documents, in support of this lawsuit as was requested, we have well above the required 40 or more to substantiate class certification of the lawsuit. For those who did support their claims, by uploading your support documents, you can congratulate yourselves now, as without the supporting documents, we would have had a snowball’s chance in Hades reaching class certification. Now, we have more than enough to justify class certification.
Links to explanations of what Class Action Lawsuits entail:
Any law firm linked to the pages above, is not representing us in the lawsuit.
Lawsuit Member Fees
There are no fees associated with this lawsuit, due from the membership. The law firm is taking the entire lawsuit on a contingency fee basis. The judge decides what that fee will be, after an award has been granted or, a settlement has been reached. The law firm’s fee comes from the award or settlement. The lead plaintiffs will be directly part of the decision whether an award or settlement amount is acceptable to the class hence, the vetting process being undertaken to interview all lead plaintiffs who I have put forward for this lawsuit representation, including myself.
When Will I See Money Coming Back?
Obviously, we have to win the lawsuit, or agree to a settlement, before this question can be answered. Please do not send me emails asking how much or when you will receive money. I cannot answer this question at this moment in time.
Who is the Firm Representing Us?
It is the privilege of the law firm to announce their actions on behalf of the class action, at a time of their own choosing. Invariably, once the “complaint” is filed in court, everyone will know who they are, by default, unless they choose to announce before the “complaint” is filed, on their own website, or through us on GAWsuit.com.
Can I Contact the Law Firm After They Have Filed the Complaint?
Again, this is up to the law firm, but once the complaint is filed, and the “class is certified” by the court, there will be no need for anyone to contact the law firm, as I “assume” the entire class action will be “opt-out.” Anyone opting out of the class action would do so to file their own, separate lawsuit (see definition below). No one will be able to remain in the class action then, after winning the class action, proceed to file their own lawsuit, unless their lawsuit is for a different reason than that represented by the class action lawsuit.
As many are aware, the Securities and Exchange Commission (SEC) has already filed their case against GAW Miners, Zenminer/Zencloud and Garza. As of February 12th, the SEC has filed for a default judgment against GAW Miners and Zenminer/Zencloud, for failure to respond. This will have no direct affect on anything, since we all know that GAW Miners and Zencloud/Zenminer were completely depleted of their funds prior to Garza’s flight to the U.A.E. There is not one cent there to be had for the victims, making the procedure purely a formality. Garza, however, was not listed in the request for default judgment. Garza’s current attorney has filed for an extension till March 2nd, 2016, to respond to the SEC’s litigation. You can read the latest filing here:
Why is the SEC Only Seeking $10 Million in Reimbursement?
The SEC is only targeting Hashlets in their case, as unregistered securities. However, the SEC failed, in my opinion, to study directly-sold Hashpoints (unregistered, “convertible” securities), HashStakers (time deposits with a stamped yield and lock-up period) and directly-sold Paycoin (again, as a guaranteed, unregistered security with a stated minimum value, or floor). If you study the definition of “securities” in the SEC complaint, the aforementioned items fit these conditions as well. I am “assuming” that the SEC did not understand how sold Hashpoints, HashStakers and Paycoin were transacted. Maybe the FBI’s case will address these shortcomings in the future, should they file. Moreover, during the course of the SEC case, it may be revealed that Garza never claimed the windfall from GAW on his personal tax return to the IRS, which is highly likely. This should precipitate action on their part as well. Garza will eventually have to address multiple litigation actions against him, probably for years to come.
At this point, the law firm is now in charge of the lawsuit. I will be supporting them in the successful litigation of this suit. I will reach out to individuals privately, should any specific information be needed to support the case, but I am fairly certain we have more than an abundance of supporting documents, and such, to bring the litigation to a successful conclusion. As stated previously, any information that the law firm wishes to convey will be done by them directly, through their own means, and mimicked here, by me. Once the complaint has been filed, I will provide a link that will give others access to the filing. More than likely, Coindesk (Stan Higgins) will already have reported the complaint being filed; he seems to be well on top of things as it is.
October 27th, 2015
ALERT! Hoax Email Circulating !
There was an attempt (albeit a feeble one) to get people to send 0.30 BTC to a Bitcoin address in an email originating from, what appears to be, a Team Paycoin subdomain address. DO NOT SEND ANY COIN TO THAT ADDRESS . All correspondence covering the lawsuit will originate from [email protected] AND NO OTHER EMAIL ADDRESS. The person sending the hoax email obviously knows nothing about how lawsuits are conducted (probably some uneducated teen).
Welcome to the new website!
In this section, we will be posting the latest news and developments here, as well as reaching out through Mail Chimp. Please come here frequently to see if there are any developments.
If you have any questions about the site or need clarification about any of the requirements, please contact support at [email protected]
More news coming soon.
July 17th, 2015 Original Newsletter
First, I would like to apologize for the lateness in updating the group about the forming GAW lawsuit (GAWsuit). It has been a very time consuming project, with new members arriving daily. As most of you know, I am involved in a lot of different projects, aside of the lawsuit. I also own a company, and the business of the company keeps me highly active. I would like to thank everyone for his or her patience in this matter. Following, you will find all of the latest developments and issues.
At present, our group members come from 47 countries, on all seven continents. The reach of the alleged GAW fraud was extensive. Daily, we receive at least 3 to 4 new applicants to the group, also from around the world. Our membership represents a vast number of different cultures, languages and ethnicities. It represents one of the most diverse private groups in the world today, with nearly every major language class being represented.
Change of representation
We have dropped the initial law firm that we had chosen. It was becoming evident that they were not truly prepared to handle a lawsuit of this size and complexity. I was getting the impression that they were more concentrated on the potential money they could make, when they discovered how large the group had become. It was at that point that I felt their motivations were more on getting the maximum amount of money upfront, than discussing how to successfully litigate the case. They began to change their decisions on how much money they wanted as a retainer, and they indicated they wanted to bring other law firms into the group, which went against the initial discussions. We felt that their motivations were not in a successful litigation outcome.
Through the assistance of one of the members of the group, Coollegaljobs, we believe we have a more experienced attorney who will represent the group properly. We should have final details in the upcoming week, ending in a contract with the firm, hopefully.
Evidence is voluminous, and growing
As many of you have seen, through the various posts I have made in the forums, we are in possession of an immense amount of intelligence and evidence, which makes this case very clearly that of an alleged fraud. Garza’s flight to Dubai ended in another catastrophe, forcing him to be returned to the United States. Some of you may have seen the bits and pieces of information on the internet, about Garza’s stay in Dubai. In effect, he was sued by a small group of GAW customers there, initially winning a million dollar plus judgment. Financial fraud and financial irresponsibility is a felony in the U.A.E., leaving Garza with a very real probability of being imprisoned. Unfortunately, Garza’s defense attorney was successful in having the initial award overturned, based on the argument that the crime occurred in the United States, where the case should have been litigated. Garza has since returned to the United States, in complete embarrassment, failure and shame. Regardless of claims he has made publicly, he did not return at the request of the government. He had nowhere else to go.
Recent lawsuits against GAW
In the interim period, Mississippi Power successfully sued for $300,000 in defaulted payments and damages. The case resulted in a default judgment. Additionally, another case, by two past customers of GAW, resulted in a default judgment as well. The amount of the judgment was $205,000.
GAW Braintree Payments account.
Braintree Payments had frozen the GAW credit processing account late in 2014. At the time, we believe, through various confirmations from past employees, that the account contained over $1.4 million. Through a little intelligence gathering, we were able to determine that the Braintree account contains slightly over $500,000 currently. The two successful judgments will certainly reduce most, if not all of that balance. Do not worry, as these assets are not the only assets Garza is believed to have at present. At this moment, Garza has two residential properties for sale in Massachusetts and Vermont. The total value of these properties is 1.2 million USD. We will be ensuring full use of the courts in properly identifying and seizing assets ‘wherever we believe they lie.’ As I have stated in the past, I will not rest until we have identified, seized, or encumbered (garnished) every dollar’s worth of assets Garza has stashed away. If we are even half-successful, we will have ruined his credit rating, as well as leaving him with ongoing judgments that will result in him owing more than he possesses.
Internet speculation and bankruptcy
I have seen some conversations, on other forums, about Garza being able to discharge all judgments through a bankruptcy court. Most of these have been posted on Bitcointalk. These statements are highly generalized, far from representing all of the facts. The following:
“ There are still other types of debts that may be excepted from discharge, if the creditor files an objection. The creditor must file an adversary proceeding in bankruptcy court, requesting that the court decide that the particular debt is nondischargeable. If the judgment creditor files an objection to your discharge and proves the underlying debt to be any of the following types, it may not be dischargeable:
· Injury caused by a willful or malicious act, such as assault;
· Fraud used to obtain money, goods or services, such as lying on a credit application, or;
· Fraud committed while in a position of trust, such as embezzlement while acting as a trustee or guardian. “
As you can see, we will have to be highly diligent in preserving any judgments against Garza in the future. We intend to continue the pursuit of this goal until most, if not all, of any potential judgment is paid. It can be argued that: Garza was a trustee of consumer funds; misrepresented the status, liquidity and capabilities of GAW; redirected consumer funds to private accounts, while also effectively piercing the corporate veil, and; mixed personal and corporate finances together, on a regular basis. We have hard evidence of these activities, as does most of the membership in the group.
Severe, damaging repercussions from the alleged GAW fraud
The actions of GAW and Garza have resulted in numerous breakups of households, as well as several known individuals losing some, most, or all of their possessions, as well as jobs; all as a result of the overwhelming alleged fraud. In one instance, an individual was explicitly told to hold on to their GAW investments, even after losing over 50% of the value. This was the advice of the CEO (Garza) to the investor, who lost 98% of the total value of their investment to date. The investment was being made to help the investor’s family cope with the investor’s terminal illness. Garza was made cognizant of the situation, and still insisted the investor not sell out of his position with GAW.
This is not the only severe case of repercussions from investor losses. Due to the immense integrity and efforts of Adam Matlack, as well as a number of generous benefactors from the community, some of these individuals have received financial support and assistance; mitigating some of the severe damages, they have incurred. I personally know of two people whose investments, and subsequent losses, have made them homeless.
The person, who is responsible for all of these atrocities, is the same person who had not one, but four exotic leased automobiles, all at the expense of investor funds. The same investors financed almost four weeks of ‘vacation’ in Belgium, at the turn of the year. These same investors financed a trip to The North American Bitcoin Conference in Miami, Florida, not just for the CEO, but also for his wife, two children, and two bodyguards, as well as for various employees of the firm. Meanwhile, investors watched their investment values slowly wither away from undelivered products enhancements, unfulfilled product deliverables, irrationally over-hyped promises of grandiose commercial relationships and business developments, as well as from false statements of corporate financial status and fictitious outside investors and support funds. In essence, the CEO was responsible for the destruction of tens of millions of dollars of investor wealth, while pumping promises that would not, nor could ever, be delivered.
We have already lost one group member
In the short time that the group has been formed, we have already lost one member to an unexpected death (Goroz: Grant Honeycutt). He was only 34 years old, and his health was assumed to be in top form. Regardless of his untimely passing, any award recoveries due to him, will be forwarded to his surviving parents. We want everyone to understand that we take this lawsuit and its success very seriously, and ensure that each member will receive their portion of any awards, but also their surviving heirs, should any member suffer an untimely passing, or become incapacitated. It is for this reason that we ask that all members ensure that there is an a family member who is kept abreast of this lawsuit and our contact information.
We want to be very clear about this. If you have successfully obtained charge-backs through your bank, you MUST reduce the claim you have made for the lawsuit. I also want to ensure everyone understands that we are in contact with the VARs (Value Added Resellers) to ensure that there is NO DOUBLE-DIPPING occurring. I have made it clear in the forums, that charging back VARs, although the highest likelihood of receiving some of your money back, also leaves these individuals with no avenue to recover their money from GAW. If you have charged back any of the VARs, and have not adjusted your claim with this group, immediately upon a successful VAR charge-back, we will know about it, and we will have to remove you from the group. You will no longer be part of the lawsuit. You will be on your own. You are effectively taking money from others in the group who have, in good faith, claimed actual losses they have not recovered. When you double-dip, you are enriching yourself with other members’ prospective recoveries, without just cause. We will be discussing the VAR situation with the attorneys. We wish to determine whether we can include them in the lawsuit, in some capacity.
A new website in development moving forward
In the coming week(s), another website will be online where registrants can upload the following documents and details, supporting their loss positions, while also legally identifying themselves for the court. We are contemplating the creation of separate accounts for registrants, using the email address entered on the first web form. You will be asked to create a password to secure your account on the new website. All data will forward to an archival storage location, away from the website, for security purposes. We will ensure that there is ample storage capacity to archive the data the membership deposits.
4) Country of Residence;
5) Copy of a government-issued picture ID (taken next to the individual’s face);
6) Telephone Number;
7) All Zencloud Account User ID(s), “NOT” passcodes;
Real primary email address that is not at Gmail, Yahoo, Hotmail, MSN or other email service providers (explained later). Mail Chimp will not add emails starting with “[email protected],” “[email protected],” or other general info email addresses, such as “[email protected];”
9) Amount of Hashpoints mined, converted to Paycoin;
10) Amount of Hashpoints purchased from GAW directly;
11) Amount of Paycoins purchase from Paybase direct (not the exchange) and Paycoin.com;
12) Signature on “Release of Zencloud and Paybase Account Histories and Data,” imaged and returned via e-mail;
13) Signature on “Group Litigation Agreement,” imaged and returned via e-mail;;
14) Signature on “Testimony on Validity of Claim,” ,” imaged and returned via e-mail, and;
15) FBI submission checkbox, “yes” or “no.”
The three primary documents required will be created in Adobe PDF as forms. You will need Adobe Acrobat to view, fill in, print and sign to email back to us. You can fill these documents and scan to email to return them to us here in the U.S. The email address will be the same: [email protected]
A) Complete Zencloud account history from beginning to present (instructions follow);
B) Copies of any and all sales receipts for hosted hardware, Hashlets, Stakers, and Paycoin (through Paybase);
C) Copies of receipts or contracts purchasing Hashpoints from GAW (Josh Garza or Carlos Garza);
D) Copies of Bitcoin transactions with GAW, Paybase, or Zencloud, and the addresses the Bitcoins were sent to (This was at the FBI’s request), and;
E) Copies of Bitcoin transactions coming from GAW for refunds.
If you do not have Microsoft Office (MS Word or MS Excel), please use Google Docs (https://www.google.com/docs/about/) to process or create your list documents.
Your Zencloud account histories are generated as CSV files. See the following section on Zencloud activities export steps and management.
Your email address is important for the lawsuit. Your responses are required
Many of you have normal, personal email addresses you use on a daily basis, while some of you depend on Gmail, Yahoo, Hotmail, GMX, and other third party email service providers with which to communicate. We want to make it very clear that, should you have a personal email not from a third party provider, you should disclose this in the new form, as a secondary, backup email address. If you use any of the other providers, as your primary email service, continue to use that email address in the new form. As most of you are aware, we are spending a sizeable amount of our personal time on this lawsuit. Allen has replied to a number of claim forms requesting additional clarification with absolutely NO responses. This means that people are registering email addresses that they never check, under some form of paranoia.
If anyone fails to respond to any requests for additional information, we have sent to a registered email address, we will have to remove that person from the group within 14 days of receiving no response. By not responding, a person is abusing valuable time and effort, as well as hindering the group’s efforts in negotiations, or the courts. The group cannot be held captive by people who are not taking the lawsuit seriously. This is not a lottery, it is a lawsuit that requires a lot of time from a small number of people. We cannot be sympathetic to a person’s claimed losses, if they are unsympathetic to our direct requests for additional information or clarification of supplied information. This is a complex process, it is crypto-based, the alleged GAW fraud is complicated, and the courts have little understanding of these issues, making this process ten times worse than a typical fraud case. There is a lot of verification on the horizon involving a lot of accounting. If some members do not cooperate fully, it will increase the workload astronomically, push the lawsuit further out from completion, and potentially damage any prospective settlement or judgment efforts.
Our time is being used to further the group’s common goal: seeking recoveries of lost investments, as well as punitive damages. We do not have time to send five or ten unanswered emails to addresses which go completely ignored. Our time is uncompensated in this effort, we are not GAW, and the liabilities to any of the damaged consumers of GAW, really rests with GAW, hence the litigation. Therefore, if you choose to ignore our email requests, we cannot adequately support your claim. If you decide to go on vacation, you must contact us, via email, to indicate the dates you will be gone, and the date you will be available again. The address is again: [email protected] This email is directly forwarded to Allen’s primary email address. As most of you already know, Allen responds to many emails directly, and within a time that is achievable by Allen.
As stated earlier, and across all of the applicable forums, you need to download your complete account history in each of your Zencloud accounts.
You will export your account history as a CSV file(s). The system only allows for exports in no more than 2000 rows of data. Select your earliest account date and experiment with the number of rows any specific period generates. Once you check each output, save each file with a name that is distinctive, such as Zencloud Part 1, Zencloud Part 2, etc. If you do not have Microsoft Excel, you can upload the parts to your account, once created. We can paste them together ourselves. For those who do not have Microsoft Office or Excel, use date increments of no more than 30 days. If you have access to Google Docs, you can check the output by uploading the resultant spreadsheet output to Google Docs, opening the spreadsheet there to manipulate the export date range accordingly. You may also combine your output files in Google Docs.
Log into your Zencloud account. On the left sidebar, choose “Latest Activity.”
Next, your screen will fill with the most recent list of account activities, like this:
On the far, upper right, choose “Export to CSV.”
Now you will see the date range box.
Choose the date “Start Date” as the first date of your account opening. Chose the “End Date” for 30 days later. I chose 45 days, because the output was less than 1,000 rows of data, like this:
Click “Download.” Save the file with your account user ID like SkippyCowboy Part 1. Work your way up until the current date, capturing all of your account history, including the Hashpoint mining period, and staking outputs.
When you open the spreadsheet, the output looks like this:
Do not inflate your loss claims. Someone stated they lost over $10 million. On further inspection, that loss was less than $50,000. The highest, legitimate, verifiable loss is presently $1.4 million. Additionally, you cannot claim the amount of damages you demand to receive with your claim. It is a “group” lawsuit, not 500 individual lawsuits. Any punitive damages or awards are divided amongst the entire group membership, proportionate to member’s percentage contribution to the total group losses. If you represent 1% of the total loss of the group, you will receive 1% of any “collected” award from judgments that are recoverable. We will endeavour to submit all judgments to every credit bureau in the U.S., until paid in full, ensuring that Garza’s liability is made publicly known to every future business, bank, or future individual investor and consumer, pulling a credit bureau background check.
Anyone failing to upload supporting documents will either receive a substantially lesser amount, based on what information we can retrieve, or will be completely removed from the group. We cannot present the court with guesses about the value of each account’s loss. We have to have supporting documents and, a rather massive spreadsheet will need to be created, calculating amounts from which we derive the total claim of the group. If we cannot substantiate any or only part of your losses, and you upload no documentation to support your claim, either we will have to re-rate the account at the lower sum we have information to make an assessment from, or the claim will have to be withdrawn.
We are joining forces to present a powerful, influential group that will carry significant weight at the negotiation table, and in the courts. As individuals, we stand little chance in succeeding in the courts, as it requires knowing where the assets are, how to get to them, and a lot of money in the form of attorney’s fees and retainers. As a group, each person’s share of the costs will be relatively small compared to individual lawsuits. That was one of the main purposes in our forming the group. Together, everyone stands a chance at winning some or all of their losses back, possibly more. As individuals, there is little chance of that.
Paycoin valuation, based on the promised $20.00 floor and $20.00 Honor Program, will be used to support a very high punitive damage award. For those who purchased Paycoins directly from GAW’s Paybase, or from GAW directly, your Paycoins (or Hashpoint equivalents) count as direct losses, and will be included in the primary group loss calculation. It is important that you identify these exactly on the next form (new website). Hashpoints mined prior to the distribution, are valued at 400 Hashpoints per Paycoin, or $4.00 per Paycoin. Paycoins purchased directly through Paybase, not the exchange, are valued at the rate you paid. You will need your receipts for these transactions.
To bring things into perspective, there are presently over 16 million Paycoins in circulation to date. At that volume, GAW would be liable for $320 million in lost value to all people who purchased or mined them. I can guarantee that neither GAW, Josh, nor the other defendants, presently possess, combined, $320 million in addition to the losses from investments in Vaultbreakers, Hashlets, Stakers, or other hosted hardware. We have to apportion valuations where they are realistic and where they have the most benefit to the suit. Where real cash, credit or Bitcoin was transferred to GAW directly, through the Zencloud marketplace, or through Paybase direct sales, that is where we define losses. Fantastical valuations based on one man’s lies is not going to be well received by a court of law, but it will be well-received as coercive marketing that leads to punitive damages.
Purchased other members’ accounts or separate products
If you purchased other investors’ whole accounts, privately, the amount you paid is your loss, less receipts from a further sale, not the actual retail value of the Hashlets, Stakers, or hosted hardware.
If you sold your account to someone else, through the Zencloud marketplace, your loss is the amount you paid for everything in the account, plus commissions to GAW (5%), less earnings, and less the amount you sold the account or assets for. Do not use retail values to determine your losses, unless you purchased retail and never sold anything from your account. In such cases, your investment, less revenue, equals you base loss. Lost future revenues, although legitimate, are a basis for punitive damages, not base losses.
There will be a small group of members who will be chosen to represent the group in its entirety. These people are selected based on a number of different parameters, one of which will be the amount of their verifiable, personal loss in the alleged GAW fraud. Another, will be their availability and willingness to represent the group in court hearings, should the need arise. Obviously, members losing less than $10,000 will have little incentive to represent the group as leaders, considering the cost they will bear to attend any court hearings representing the group. Moreover, there are other leader requirements which will be called upon, from time to time.
This small group of leaders will represent all members of the group by proxy. This same group will be empowered to make decisions, collectively, on behalf of the entire group. Should funds be recovered through negotiations, this group of leaders will decide whether to accept or decline any negotiated settlement, on behalf of the entire group. The selected leaders may also decide to call for a group vote in favor of, or against, any offers from the defending parties. Since settlement offers are not offered with an endless due date for a decision, having a democratic vote, by over 400 people, could be damaging.
Once leaders are chosen, all members will sign a document/contract that states their acceptance of any and all decisions agreed to by the group leaders; the decision is irrevocable. This form and contract will be on the upcoming website. The agreement will be part of the account creation, and will be digitally signed by the members, prior to moving on to document uploading.
Under United States law, no defendant can be tried twice for the same crime or complaint, by the same individual(s). As members of this group, all decisions by the court(s), after all appeals have been adjudicated, will end any and all claims by any of the members of the group. It is important that the correct leaders are chosen to represent the group decision-making process. I will attempt to select nine people as leaders of the group. By choosing an odd number, we avoid all indecisions where equal numbers of the leaders choose opposing paths for the group; creating a deadlock. I will be contacting members who I feel would best represent the group’s interest. These people will be disclosed on the group contract, including the amount of investment lost to GAW, as transparency to the membership.
Mail Chimp did not work out so well on the first run. Many of the email addresses resulted in bounces, via spam filters.
If you are in receipt of this email, you are registered with the group.
If anyone has any questions, please feel free to contact Allen1980s.
Senate Kills Rule On Class-Action Suits Against Financial Companies
Senate Kills Rule On Class-Action Suits Against Financial Companies
Consumer Financial Protection Bureau Director Richard Cordray, shown last October at a panel discussion in Richmond, Va., called Tuesday's vote "a giant setback for every consumer in this country. Wall Street won and ordinary people lost." Steve Helber/AP hide caption
Consumer Financial Protection Bureau Director Richard Cordray, shown last October at a panel discussion in Richmond, Va., called Tuesday's vote "a giant setback for every consumer in this country. Wall Street won and ordinary people lost."
The Senate has voted to get rid of a banking rule that allows consumers to bring class-action lawsuits against banks and credit card companies to resolve financial disputes. Critics say Republicans and the Trump administration are siding with Wall Street over Main Street and that the shift will block consumers from joining together against the likes of Wells Fargo and Equifax.
"This bill is a giant wet kiss to Wall Street," Sen. Elizabeth Warren, D-Mass., said on the Senate floor. "Bank lobbyists are crawling all over this place begging Congress to vote and make it easier for them to cheat their customers."
With Vice President Pence casting the tie-breaking vote, the rollback of the Consumer Financial Protection Bureau rule banning restrictive mandatory arbitration clauses found in the fine print of credit card and checking account agreements passed 51-50, with Sens. Lindsey Graham, R-S.C., and John Kennedy, R-La., voting against repeal.
The Republican-controlled House had already voted to rescind the rule and President Trump is expected to quickly sign the measure, which also bars similar rules in the future.
The consumer agency's rule, released in July, was aimed at giving consumers more power. Prior to the rule, the bureau said companies could "sidestep the court system" by "forcing consumers to give up or go it alone."
This allowed companies to "avoid big refunds, and continue harmful practices," the bureau wrote in July in announcing the changes.
The agency said it was redressing a situation in which consumers were forced "to give up or go it alone — usually over small amounts," while companies were able to "sidestep the court system, avoid big refunds, and continue harmful practices."
In a statement released shortly after the vote, bureau Director Richard Cordray said it represented "a giant setback for every consumer in this country. Wall Street won and ordinary people lost."
In July, The Washington Post wrote that the rule "came about because of the 2010 Dodd-Frank financial reform legislation, which the Trump administration and Republicans have been trying to dismantle. The legislation required the CFPB to study the use of arbitration agreements and report back to Congress. The rule is a result of that report."
The move is part of a larger push by Republicans to roll back regulations that they believe hurt the free market.
White House press secretary Sarah Huckabee Sanders said Trump supported the move because "the rule would harm our community banks and credit unions by opening the door to frivolous lawsuits by special interest trial lawyers."
Democrats argue that such rules give consumers more power to stop abusive practices.
"It looks like Equifax and Wall Street and Wells Fargo will win again," said Sen. Sherrod Brown, D-Ohio. "This vote will make the rich richer; it will make the more powerful more powerful."
Republicans said class-action lawsuits give a lot of money to trial lawyers and don't do that much to help consumers. "You have to ask the question: Whose benefit is that for? Is it really for the consumer or is it for the lawyers? And I think the answer is pretty clear — it's not for the consumer," Republican Sen. John Cornyn of Texas said.
Consumer Watchdog Proposes New Rules On Payday Lenders
But a report by the consumer agency showed that class actions paid out about 1,000 times more money to consumers overall than consumers got through arbitration.
Dennis Kelleher, the president of the consumer group Better Markets, says that at issue is what's buried in the fine print when you sign up for a credit card or many other products.
"They're usually 10-50 pages long of teeny-weeny print, and in the middle of it it says you're giving up your right to sue when the bank or the financial institution rips you off," Kelleher says.
The Senate's action means that "millions of Americans won't get their day in court," says Lauren Saunders, associate director at the National Consumer Law Center. "To me, I'm just really disappointed about the lack of faith in our constitutional system of justice."
Filed class action lawsuits seeking claimants. A class action lawsuit is when there is a large group of people who file a complaint against a defendant for similar grievances. The lawsuit is filed on behalf of everyone in the class, that class being a group of people who share similar circumstances, injuries and damages. For example, if there is a food illness class action lawsuit, all plaintiffs in the class would have had the same injury (e.g., salmonella) as a result of eating the same tainted food. A lawyer may file a class action lawsuit on behalf of all injured parties who are seeking compensation from the defendant.
Fingerhut and Blustem Face Nationwide TCPA Class Action Lawsuit
Chicago, ILL: Online retailer and catalog Fingerhut is facing a proposed Telephone Consumer Protection Act (TCPA), class action lawsuit filed by a man who alleges he has received calls from the company seeking payment for products he never bought.
Big Heart's Kibbles 'n Bits Contains Pentobarbital Consumer Fraud Class Action Alleges
New York, NY: A Smuckers-owned dog food company that makes Kibbles ‘n Bits is facing a consumer fraud class action lawsuit over allegations it used unsafe ingredients in its dog food – despite advertising that the food was safe. Specifically.
Capital One Facing Class Action Lawsuit Over Post Bankruptcy Credit Check
San Francisco, CA: A class action lawsuit has been filed against Capital One Auto Finance Inc. by a woman who alleges the company ran a credit report on her just weeks after she had a debt with the lender discharged through bankruptcy. Filed by.
Brew Dr Kombucha Facing Consumer Fraud Class Action Lawsuit
Chicago, IL: Brew Dr. Kombucha, a maker of kombucha beverages, is facing a potential consumer fraud class action lawsuit over allegations it overstates the benefits of its fermented teas, specifically the amount of colony forming bacteria in each.
MAC Faces California Employment Law Class Action Lawsuit
Los Angeles, CA: MAC Cosmetics is facing a proposed employment class action lawsuit alleging the company deprives its employees working in department stores of legally entitled rest breaks. The proposed lawsuit also claims MAC fails to reimburse its.
Wells Fargo Facing Auto Loan Fee Class Action Lawsuit
Los Angeles, CA: Wells Fargo Bank is facing an unfair business practices class action lawsuit over allegations it doesn’t refund unused fees customers are charged for a service to prepay debt cancellation on outstanding car loans when a.
Nature's Bounty Faces Consumer Fraud Class Action Over Biotin Products
New York, NY: A consumer fraud class action lawsuit has been filed in New York against The Nature’s Bounty Co. alleging the supplement maker misrepresents its biotin supplements as being able to improve hair, skin and nails. According to the.
Monat Hair Products Faces Hair Loss Class Action Lawsuit
Miami, FL: A defective products class action lawsuit has been filed against hair products manufacturer Monat, alleging the company misrepresents its products as being safe and can aid in the regrowth of hair, when in fact, they cause irritation and.
Google Faces Defective Pixel Phone Consumer Fraud Class Action Lawsuit
Santa Cruz, CA: Google is facing a potential consumer fraud class action over allegations the microphones and speakers in its Pixel phones have a tendency to fail, a defect Google is aware of,, yet it continues to advertise and sell the phones.
Alleged Toyota Prius Stall Defect Prompts Class Action Lawsuit
Los Angeles, CA: Toyota is facing a proposed defective automotive class action lawsuit over allegations its Prius hybrid vehicles have a defect which can cause the cars to stall while travelling at high speeds potentially resulting in crashes.
news, information and discussion
- Gerald houser on Knee Replacement Lawsuits
- Janet Shue on How to File a Class Action Lawsuit
- Joyce on Mortgage Modification Lawsuit Against CitiMortgage
- Harriett Alford on How Do I Register for a Class Action Lawsuit for Contaminated Water in USMC?
- Sally Conklin on How to File a Class Action Lawsuit
What Happens to Unclaimed Class Action Money?
March 25th, 2015 by Joseph
Class action lawsuits are a type of civil suit that is brought to court by one or more people who act on the behalf of a larger group of people. These are cases where many people have a case but separate lawsuits would become a time consuming endeavor. Often class action lawsuits will occur when many people have been injured or wronged by a particular product or company.
Since most class actions are filed in federal court, settlement payments to victims will not show up in a State Unclaimed Property Division or the Department of Revenue search and, unlike most other unclaimed money, there is usually a time limit by which the settlement must be claimed before it expires. If you’ve moved, hold stock in street name and switch brokers, or physically hold stock certificates, you may not be notified of any class action suits so check those companies you maintain shares in regularly.
An ever growing source of unclaimed funds is created by class action law suits within a wide range of industries, products and services. Several hundred companies are involved in class action law suits are coming before court of law each year. These fall into several categories including: security fraud, consumer protection, public health, antitrust, human rights, environment, and product liability. Recent settlements have exceeded $11 billion; however, fifty percent of those who could collect payments fail to make a claim. Even if the product is no longer on the market or the stock has been sold to another business, class action suit members may be eligible to receive cash, credits, shares or distributions in companies.
What happens if a person doesn’t claim the money from a class action settlement? If you used a faulty or defective product years ago you may still be able to receive cash, credit, or shares as a class member, from hundreds of major companies. You may need to hire a company specializing in tracking unclaimed assets you may be eligible for, for a fee. The Consumer Advocacy Center has been working with charities to make sure that even though money isn’t collected for a class action suit that the “wrong doers” don’t keep the money. These charitable donations are called Cy Press awards.
What Happens to Unclaimed Money in Class Action Suits
March 12th, 2014 by Joseph
Did you know that millions and millions of dollars of settlements from class action suits have been unclaimed by the plaintiffs, consumers, small businesses, investors and the general public? Hundreds of millions of dollars get reverted back to the same companies that were found to be in the wrong or who agreed to settle the cases out of court.
The reason why so much settlement money goes unclaimed is the majority of people who are entitled to the settlement money simply don’t know it, or they never receive official notification in the mail, never opened the mail, or they died, or because they really didn’t want to fill out the very long, complex legal documents required in order to claim the funds. For these reasons, a significant amount of people do not take advantage of their personal legal rights. Basically, they are being denied justice.
Unclaimed settlement money is a complete irritant to the courts, because unclaimed money is an issue for the claim administrators and disbursing agents who are in charge of the distributing class action settlement money to harmed individuals. As each year passes, the aggregated total of unclaimed cash, which was earmarked for distribution from class action settlement funds, escrow accounts increases.
In the early 80’s, many lawyers began to appeal to the courts to not give the unclaimed money back to the wrongful defendants, but use the Cy Pres doctrine, which translates to ‘as nearly as possible’. Meaning, the lawyers said the unclaimed money should be dispersed to projects that are as close to the original intention as possible. Mostly, all unclaimed settlement money now goes to help the community as a whole, for instance to help lower income families, to charities and to other organizations that help improve the quality of life for all concerned. Currently, many class action law firms are now requesting, before a settlement is agreed upon, that the defendant in the case agrees to allow unclaimed settlement money to be given to charities.
Lawsuits – Mortgage Modification
A mortgage loan consists of an amount of money which is borrowed to purchase property and then repaid over a period of time (typically 15 or 30 years). The full amount or principal is repaid along with interest according to the payment structure of the loan.
Mortgage modification alters the original terms of a mortgage that were laid out in the initial loan contract between the lending institution and the homeowner. It is typically used when the borrower is having trouble making payments per the agreed terms. The modification can change the amount of the monthly payment and interest rate as well as other items outlined in the contract such as principle, loan term, late fees etc.
The lending institution is usually motivated to offer a mortgage modification when the borrower is experiencing financial issues. They would rather offer improved terms and a lower payment as this offers greater profits than if the property went into foreclosure.
If the government (federal or state) gets involved they may offer the lending institution incentives to participate. The Home Affordable Modification Program (HAMP) was introduced by the federal government during 2009 to help homeowners who were struggling with their mortgages. At the time there was approaching eight million homeowners in trouble. The program was designed to help homeowners by standardizing mortgage modification with the goal of lower monthly mortgage payments. Up to 110 lending institutions joined this program.
The result of this was that many homeowners applied for a mortgage adjustment via HAMP after it was introduced by the Obama administration. Homeowners were put on a three month trial by their mortgage service providers at the new lowered payments. Many homeowners took part in the trial only to be refused permanent modification on completion – many were given no reason as to why.
Because of this many people are showing up behind in their mortgage payments and have reduced credit scores after all the effort. The result is that some of the lending institutions are threatening these borrowers with foreclosure.
Many of these homeowners have joined together in a class action lawsuit against some of the countries top lending institutions including Bank of America mortgage modification, Chase, Wells Fargo and CitiMortgage. This shows that borrowers are non too happy with the way they have been treated since enrolling in HAMP. It is estimated that only a third of those who entered the trial were given permanent status.
Many of the lawsuits state that the lending institutions broke the trial contracts by not giving permanent status to those that successfully completed the trial. The lenders state that the trials were never contracts and they used their discretion in choosing permanent partners.
It is also stated that the lenders contracts with HAMP and the Treasury were in breach for not offering permanent modification to those completing the trial. The judges involved have stated that homeowners should not be part of this because it is between the lenders and the government. The legal advisers to the homeowners do not agree with this – and the lenders broke the contracts with the homeowners.
These lawsuits could affect 620,000 involved in trial modifications. They state that the lenders benefited not providing permanent modification by defaulting the loans so they could make increased profits via late fees and financial charges. It is charged that the lenders ignored letters and requests and hindered inquiries when homeowners tried to contact them. All this after receiving billions from the government. Many borrowers were left in a worse state than prior to the modification. Many could not seek additional solutions to the problem and were faced with foreclosure.
Image via Creative Commons
Merck Coppertone Class Action Settlement
September 26th, 2012 by Joseph
There has been a settlement in the Coppertone class action lawsuit issued on September 25, 2012. Merck & Co is going to pay in the region of $3 million to $10 million in settlement for false claims they made about their sunscreen products. This lawsuit has been ongoing for around ten years.
The original lawsuits was against Schering, but Merck bought Coppertone in 2009. Consumers had complained that the Coppertone products had exaggerated advertising related to them. The settlement comes about as a result of Merck wanting to put the case to rest. They also agree not to use terms such as sweatproof and all-day protection when promoting their sunscreens. Those involved in the lawsuit will be able to claim up to $1.50 per sunscreen purchased.
Merck stated that they are dedicated to follow U.S. Food and Drug Administration standards relating to their products and will carry information related to this to be included with each sunscreen product.
September 12th, 2012 by Joseph
Nikon USA has decided to stop supplying camera spare parts to independent repair centers that are not in their authorized service network. This decision was made to give the best possible service to their customers and avoid problems such as voiding the warranty via the use of unauthorized repair shops. The company states that modern cameras are complex and require specialized testing equipment, repair tools and technician training. Nikon states that by using only authorized dealers the camera owners will receive better service and face reduced waiting times for repairs.
Authorized Nikon service centers will be equipped with full factory training as well as having access to recommended tools and parts.
Nikon have observed unauthorized dealers attempting to make repairs and having to send to authorized dealers to complete the process. This has increased the repair cost for consumers as well as lengthen the repair time. These types of repairs could also void the Nikon warranty.
There are currently around twenty authorized Nikon repair service centers. Independent shops can apply to become authorized but this requires capital of over $150,000 for investment in equipment.
Independent repair shops often undertake repairs after the warranty has expired and so this may not be a problem. If repairs are under warranty they should of course be covered by Nikon. Often independent shops hire repair technicians trained by the major manufacturers such as Nikon.
There are rumblings of a class action lawsuit against Nikon on behalf of the independent repair centers.
How to File a Class Action Lawsuit
August 14th, 2012 by Joseph
In times as interesting as ours, where there are always new developments and ideas about how things work, a great deal of attention is placed on simple efficiency. It’s not always necessary to make things work so that our lives are easier, but also so that our lives can serve some kind of benefit for the greater good. In this light, then, it’s sensible to understand that procedures and protocols can be extremely useful in turning a better eye toward the world at large. This is not simply to move efficiency along so that it can function for itself, but so that the cumulative effect of the minor and major things that we do can resolve in some kind of organizing principle. This will become an essential part of how we construct the world today.
This is perhaps one of the reasons why we live in such a litigious society. There have been multiple theories to suggest various answers to this question. Perhaps there is a vindictiveness that comes at the expense of our own ability to make solid and worthy decisions. Perhaps it’s something even deeper, reflecting a certain value placed upon the thought of who we are at any particular moment, in relation to the time and place where we are living. This can result in the construction of many diverse and transitory notions of self and other. In a very real sense, then, our ability to make the world as it is depends upon our ability to enter it as full human beings.
It’s necessary of course to have a sense of community, especially when living in a world inhabited by other people and other networks. This can lead quite easily into the central idea of a class action lawsuit. Where there is a need for outside assistance in addressing a certain wrong, only those who are qualified can address the situation using the proper language. It is almost like deciphering a code, and in this case, once the code is broken, it immediately forms itself again. The more elusive aspects, then, would need solid and trustworthy legal counsel.
July 17th, 2012 by Joseph
Delphi Financial Group is a financial company with its main focus is on many types of business insurance. The company features on the US stock exchange (NYSE:DFG).
Delphi was involved in a class action lawsuit along after it merged with Tokio Marine. A settlement was announced during April of 2012. The lawsuit stated that the defendants were in violation of federal security law and that they had put forth misleading or false statements which resulted in inflation of the market price of their securities.
Shareholders buying these securities between January 2001 and March 2005 were wronged and instigated the lawsuit. The wrong doing was found by U.S. Securities and Exchange Commission who undertook an investigation finding that the profits laid out by Delphi had been inflated.
On May 16 of 2012 it was announced that a $49 million settlement was in order. On July 31 of 2012 there will be a settlement hearing in the Court of Chancery Courthouse of Georgetown. They will determine the Settlement Class and decide whether the proposed Settlement is adequate. They will also determine whether Release Claims should be dismissed, and whether the Allocation Plans are adequate and if the fees and reimbursement amounts for attorneys are reasonable.
In legal language the lawsuit settlement occurs when a resolution is reached between the parties that are in dispute. The settlement takes the form of a contract between the parties. This can occur pre-trial or once it is in progress.
Upon settlement the party instigating the suit will drop the lawsuit in exchange for compensation of some sort. Both parties are legally bound by this contract. If one of the parties breach this contract then the court case could resume.
Within a class action lawsuit notices should be sent to class members as part of due process. These notices can include information relating to opting out of the class action and go it alone. The court should be informed of this by the class member if this is the case. If there is a class action settlement a settlement notice is sent out to class members to inform them of the result including full details of the settlement.
The benefits of reaching a settlement include reduced fees and associated costs along with a quicker resolution to the lawsuit. In certain circumstances the details of a settlement are deemed private and confidential and the sued party is not admitting that it was in the wrong.
What are Class Action Lawsuits?
June 29th, 2012 by Joseph
What are class action lawsuits? Such suits are filed for a group of people who have been injured in one way or another by a company’s actions. Commonly, these lawsuits may be filed by company members if practices regarding hiring or salary are illegal; another type of class action lawsuit is filed when a company causes injury or death or some type of physical damage to a group of people, such as in the case of a drug company that made claims about their product that’s illegal, harming those who ended up taking those drugs.
Usually, when an individual joins a class action suit, he or she must sign papers that forfeits the right to sue the company individually. If the lawsuit is successful, then damages are awarded to the plaintiffs with regard to those who suffered the most damage. Not all members of the suit share in the compensation equally.
Attorneys will work on such cases on contingency, receiving a part of the award, but with the knowledge that if they don’t succeed, they won’t charge their group of clients any fees. In this instance, the attorneys may receive as much as thirty or fifty percent of the entire award.
If you’ve joined a class action lawsuit, you’ll find that the awards may be split into two different types: compensatory and punitive damages. Compensatory damages addresses the defendants (the companies being sued) and the direct damage they’ve caused. The monies here are intended to help compensate for illness or loss of life, attempting as much as possible to make whole the individuals who have suffered. Punitive damages, as the name implies, intends to punish the companies, a cost which may be extremely high, in order to discourage the company or other companies from having the same reckless disregard for either the plaintiff’s safety, health, or well-being.
Nutella is facing a class action lawsuit because of marketing promotions stating that is offered a tasty, balanced breakfast!! Nutella continue to promote their product in this way by slightly changing the information on their packaging to read ‘turn a balanced breakfast into a tasty one.’
People were concerned that Nutella is not a health choice for breakfast. View ad:
Nutella have agreed to pay out $2.5 million to consumers of the product.
Chase Mortage Modification Lawsuits
Chase Home Finance LLC and JPMorgan Chase, N.A. face a class action lawsuit because of suggested irregularities in their mortgage modification programs. This was brought about by the U.S. District Court, in Southern District of California.
Mortgage holders who were having trouble making their monthly mortgage payments were able to have a trial run on Home Affordable Modification Program (HAMP) for three months and on successfully completing the trial make this permanent.
The lawsuit claims that mortgage holders were not offered permanent status after successfully completing the trial. The borrowers were deprived by Chase of the opportunity to modify their mortgages. Chase breached the contracts with their clients for their own monitory gain and was against the intentions of HAMP.
CitiMortgage Modification Lawsuit
CitiMortgage have a lawsuits brought about against them by homeowners stating that they did not reduce loan payments per promises made. Many homeowners were left in a very bad financial situation as a result.
The class action came about because of the treasury’s Home Affordable Modification Program (HAMP) which was introduced to help owners facing financial problems. Home owners were given a trial period of three months to make reduced payments. If they managed to do this for the trial period then it would become official.
So many homeowners with CitiMortgage loans completed the trail following all instructions of the HAMP program. But – they were not allowed access to the permanent program. The result was that many of the homeowners were left in a financially bad way – and many were in a worse way than when they started.
The lawsuit against CitiMortgage states that they did not fulfill the HAMP agreements with their mortgage-holders and that it misrepresented the information of the program. Its open to all homeowners who fulfilled the trial period of three months per agreement subsequent to April 13, 2009 and who were not allowed permanent entry into the program.
Mortgage Modification Lawsuit Against CitiMortgage
CitiMortgage are faced with a class action lawsuit filed by homeowners that alleges that the company did not fulfill their promise to provide mortgage borrowers reduced loan payments. If fact the suit states that it also financially devastated the borrowers.
The lawsuit states that homeowners with a mortgage loan from CitiMortgage could us a trial mortgage modification program to help them reduce payments. This program was built around the U.S. Treasury Department’s Home Affordable Modification Program (HAMP). The program would become official if the homeowners lasted the three month trial period making the reduced payment amounts
Many homeowners completed the trial and followed all stipulations of the program – however they were denied access to the permanent program. This made things very difficult for the homeowners and many were in a worse situation after they completed the trial.
The lawsuit claims that CitiMortgage did not honor its agreements with homeowners and that it misrepresented the information of the program.
The lawsuit is open to all persons in the US who are serviced by CitiMortgage and who complied with the conditions of the trial program and who did not receive permanent mortgage modification per the loan modification agreement.
Class Action Suits Against Law Schools
April 28th, 2012 by Joseph
There are currently fifteen law schools facing class action suits brought about because of alleged deceptive employment data – including post-graduate employment statistics. The suits have been brought about by recent graduates from the law schools.
Albany Law School
Brooklyn Law School
California Western School of Law
Chicago-Kent College of Law
DePaul University College of Law
Florida Coastal School of Law
Golden Gate University School of Law
Hofstra Law School
John Marshall School of Law (Chicago)
New York Law School
Pace University School of Law
Southwestern Law School
St. John’s University School of Law
University of Baltimore School of Law
University of San Francisco School of Law
Widener University School of Law
The suits state that the schools enlarge graduate employment numbers – using tactics such as counting their own graduates employed in temporary work at the law schools, as well as graduates employed in non legal work. This includes temporary and part time employment.
The lawsuits also state that average salary figures are based on a small amount of graduates earning large salaries.
Many students signed up for the colleges based on the false data and are now faced with high debt and small chance of employment in the legal field.
Image via Creative Commons
AT&T – Class Action Lawsuit – Excessive iPhone Data Charges
April 13th, 2012 by Joseph
A class action lawsuit has been filed against AT&T by a customer claiming that AT&T has been overcharging its customers subscribing to their iPhone and iPad data plan by up to 300 percent. An independent consultant was hired to test data transmitted and received by an iPhone device. This consultant determined that AT&T customers are charged for data even when the iPhones and iPads were unable to transmit or receive data.
During 2010 AT&T had another class action lawsuit settled when they taxed their smartphone customers improperly for Internet usage. They changed their unlimited data plan service during 2010 offering new customers the option of 200 MB or 2 GB monthly data plans.
Asbestos-Related Disease – Mesothelioma
March 13th, 2012 by Joseph
People who had contact with asbestos in the work place have developed Mesothelioma as well as lung cancer or asbestosis. Mesothelioma is a rare cancer of the mesothelium part of the lungs. Asbestos was a popular building material as it is extremely fire resistant and repelled chemicals and electricity. It was used in many products in the building industry including insulation and drywall. It was also found in pipe covers and certain types of clothing. By the 1920s medical experts began noticing that breathing the product caused lung ailments. Most companies ignored medical warnings and its use was continued. In the 1970s there was a shift and regulations were put on the product. By the early 1980s asbestos was being regulated by the government and banned in certain cases.
Breathing asbestos fibers is the only known cause of malignant mesothelioma lung cancer. This can happen long after exposure to the substance – even a small amount. It can take decades for the cancer to develop.
If you are a loved one was exposed to asbestos you are advised to consult a medical professional and seek legal help.
March 10th, 2012 by Joseph
Accutane (Isotretinoin) is an acne drug used to treat sever acne and it has been linked with side effects including inflammatory bowel disease (IBD), Crohn’s disease and ulcerative colitis caused as a result of using the medication. The lawsuit claims that the drug manufacturer failed to warn doctors and patients about these serious side effects of the drug. Patients suffering from these side effects may be due a monitory settlement.
Ulcerative colitis affects the colon/rectum and causes inflammation of the digestive tract. This results in diarrhea and abdominal pain. Other symptoms include bloody diarrhea, weight loss, abdominal cramping and pain, and night sweats. Fulminant colitis is a rare version of ulcerative colitis – and can cause serious complications such as toxic megacolon and colon rupture.
Crohn’s disease typically affects the intestines and symptoms include abdominal pain, diarrhea, rectal bleeding and constipation.
If you are a loved one has taken Accutane and developed Crohn’s disease, inflammatory bowel disease or ulcerative colitis you may be able to participate in an Accutane lawsuit.
Kim, Khloe and Kourtney Kardashian QuickTrim Class Action Lawsuit
March 2nd, 2012 by Joseph
The Kardashian sisters – Kim, Khloe and Kourtney stars of the reality TV show “Keeping Up With the Kardashians” are faced with a $5 million class action lawsuit for their involvement with QuickTrim – an alleged weight loss product.
The defendants are alleged to have marketed QuickTrim stating that it increases metabolism, curbs appetite, and promotes weight loss.
The Manhattan federal court states that QuickTrim’s main ingredient is caffeine, which the FDA has determined is not a safe or effective treatment for weight control. This has reportedly upset QuickTrim consumers some of whom state the use of false advertising. Photos of the Kardashian sisters in revealing outfits is also alleged to be misleading. Kim and Khloe have both tweeted that they have experienced 15 pound weight loss attributable to QuickTrim. Legal experts argue this is false advertising.
February 17th, 2012 by Joseph
The drug Actos (Pioglitazone) is prescribed to people with type 2 diabetes. Its used to control blood sugar levels in conjunction with exercise and diet. It increases how insulin is used by the body. The drug is normally taken once daily. It does not cure the type 2 diabetes.
It has been discovered that there are indications that the drug has serious side effects. These include heart related issues such as congestive heart disease and bladder cancer.
The list of side effects includes bladder cancer, bone damage, liver damage, kidney damage, heart failure, heart attacks and other heart disease.
If you have been taking Actos and have developed symptoms of these diseases such as unexpected weight gain, shortness of breath, a slow heart rate or bladder problems then contact your doctor immediately. You may also wish to seek legal help
Transvaginal Surgical Mesh (TVM)
February 17th, 2012 by Joseph
Transvaginal surgical mesh (TMV) is used during surgery for stress urinary incontinence (SUI) and pelvic organ prolapse (POP). The U.S. Food and Drug Administration (FDA) has put forth a safely warning to doctors and patients that use of TMV through the vagina for pelvic organ prolapsed (POP) may be exposing patients to additional risks.
This is a common surgical procedure amongst women and a third of these make use of mesh and three quarters are done through the vagina. The lawsuit claims that woman as a result of the mesh surgery have experienced complications including: erosion of the mesh into the vagina, infection, urinary problems, migration, vaginal pain, pelvic pain, urinary problems, skin split or mesh protrudes, pain during sex, vaginal scarring, narrowing of vaginal wall, mesh shrinkage as well as recurrence of the original problem, or the need for corrective surgery.
Manufacturers of TMV include Johnson & Johnson, Boston Scientific, C.R. Bard, and American Medical Systems.
If you have suffered because of these types of surgery you should contact your doctor to be evaluated. You should also contact a personal injury lawyer for their opinion.
Zoloft Heart Birth Defect Lawsuits
February 15th, 2012 by Joseph
Zoloft the antidepressant has been hit by lawsuits alleging that the drug has affected women who took the medicine while pregnant and has resulted in babies being born with heart birth defects. The lawsuits state that the manufacturer of Zoloft knew that there were risks associated with taking the drug during pregnancy and that adequate warning was not issued to patients and doctors.
The latest lawsuit states that the drug caused a baby to be born with a congenital birth defect and that Pfizer did not warn patients using the drug of the risks and that they concealed and suppressed information about Zoloft use while pregnant.
Zoloft is a Selective Serotonin Reuptake Inhibitors (SSRIs) and that these types of antidepressants had been introduced while they were linked to an increased risk of certain congenital defects including Persistent Pulmonary Hypertension and other heart defects.
Originally the US Food and Drug Administration (FDA) had issued a warning that SSRIs stating that the drug could possibly cause an increased risk of pulmonary hypertension of the newborn. This was retracted during December of 2011 stating that links between use while pregnant and pulmonary hypertension was premature.
Parents with babies born with these types of heart problems after use of Zoloft have blames the drug and it’s manufacturer Pfizer and they have filed lawsuits against Pfizer alleging its drug caused birth defects and accusing Pfizer of negligence and fraud.
The FDA currently does not have a definitive stance regarding SSRI medications and so women are left to determine the risks of using the drugs or having untreated depression while pregnant.
Chase Adjustable Rate Mortgage (ARM) Lawsuit
February 7th, 2012 by Joseph
Individuals who obtained an adjustable rate mortgage (ARM) from Chase ( either JP Morgan Chase Bank or Chase Home Finance) before April 2006 are seeking compensation as part of a class action lawsuit. This is happening only in California at the moment – though borrowers in other states can instigate legal action if Chase set their interest rate wrong.
The loan documents stated that the initial interest rate would be the sum of a specified Index plus a set Margin or, a rate less than that sum. The documents also stated “Your interest rate will be based on the weekly average yield on United States Treasury securities adjusted to a constant maturity of 1 year (the ‘Index’) plus an amount called a ‘Margin.’”
Later in the document, the disclosures stated that “Your initial interest rate may be discounted and will not be tied to the Index.” Thus the bank allegedly charged the borrowers an initial interest rate higher than the sum of the Index and Margin.
Domino’s Background Check Lawsuit
February 7th, 2012 by Joseph
There is a class action lawsuit against Domino’s Pizza claiming that they violated federal law by conducting background checks on job applicants. This case has been upheld by Maryland’s federal court after the pizza company tried to get it dismissed.
The case states that Domino’s did not comply with the legal requirements of the federal Fair Credit Reporting Act (FCRA) by (1) running background checks on employees without proper authorization, and (2) “systematically” failing to provide employees with copies of their background checks prior to taking adverse employment action against them.
Claims have been made that checks were performed on individuals before they started working, and they were subsequently dismissed based on undisclosed information discovered during their background checks. This information was never shared with them by Domino’s. Also they were not provided a copy of the report or advised of any rights before the termination. Additionally they were required to sign a consent form that contained extraneous information and was not separate from the application packet.
The law states that employers must provide certain information to consumers before taking any adverse action against them – including not hiring them or terminating them – if the background check is completed after hiring. A a copy of the background check report as well as a statement of their rights prepared by the Federal Trade Commission (FTC), which enforces the FCRA should be given at that time. Consumers are thus protected against inaccurate or incomplete background checks and are given the opportunity to set the record straight.
Up to $1,000 damages per person can be awarded in this case.
Class Action Lawsuit Against Sony – PlayStation 3
December 22nd, 2011 by Joseph
A class action lawsuit has been filed against Sony re their Terms of Service for the PlayStation 3. They were updated during September 2011 and the change meant that people were forbidden from joining a class action lawsuit against them – unless they opted out by letter within thirty days.
The lawsuit states that Sony engaged in unfair business practices and forced consumers to give up their rights – or give up their online gaming access.
The revised terms were hidden in the twenty one page Terms of Service contract. They also did not post an online version of the most recent Terms of Service, which they’ve done in the past.
Sony are still to make a comment on the class action lawsuit.
Wells Fargo – Class Action Lawsuit – Mortgage Modification
December 3rd, 2011 by Joseph
Wells Fargo has a class action lawsuit filed against it that claims that the bank illegally refused to grant permanent loan modifications that it had promised homeowners who successfully completed a trial mortgage modification under the Homeowner Affordable Modification Program (HAMP).
It states Wells Fargo committed breaches of contract and violated California consumer protection laws by misrepresenting the terms of the HAMP trial periods plans (TPP), designed to be a path toward a permanent mortgage modification.
Homeowners were give lower mortgage payments for 3 months to prove they could make payments. They stated in a letter received by these homeowners that if they “make those payments successfully and fulfill all the trial period conditions, we will permanently modify your mortgage loan.”
This did not occur and the lawsuit states that it was a scheme to get homeowners to send in their payments – and that they never intended to make them permanent. Wells Fargo got millions of dollars from this during the period.
Its interesting to note the following:
The CEO of Wells Fargo John Stumpf received $17.9 million in compensation in 2011. Wells Fargo’s net income was $15.87 billion in 2011, up from $12.36 billion in 2010.
Class Action Lawsuit – Sirius XM
September 22nd, 2011 by Joseph
Sirius XM is involved in a class action lawsuit dating from 2009. This is still an open case.
The case was brought about after the satellite radio company purchased its competitor XM Satellite Radio during 2008 and then raised its prices. So in effect it removed its competition and put up its prices. During this time it also raised the fee on music royalties. This brought about the allegations of antitrust violations.
Approval for mergers of these type must come from the U.S. Federal Communications Commission and the Justice Department. Sirius XM made certain promises to get this approval. They broke certain promises and this is also contained in the class action lawsuit.
In their defense Sirius XM stated that they were faced with higher costs after the merger.
A settlement was reached in the lawsuit and preliminary approval was given during May 2011. Approval must be satisfactory to both sides if the settlement is to be successful.
Class Action Lawsuit – Emdeon Inc.
August 6th, 2011 by Joseph
There is a national class action lawsuit on behalf of all shareholders of Emdeon Inc. The complaint alleges, among other things, that Emdeon’s Board of Directors failed to act in the best interest of shareholders and breached its fiduciary duties by approving Blackstone Capital Partners VI L.P.’s attempt to acquire a controlling interest in Emdeon for $19.00 per Emdeon share, which will result in Emdeon becoming a private company. The transaction is expected to close in second half of 2011, subject to customary closing conditions, including shareholder and regulatory approvals.
Class Action Complaint Against Ebix, Inc.
July 15th, 2011 by Joseph
Harwood Feffer LLP announced today that a class action complaint has been filed against Ebix, Inc. and certain of the Company’s officers for violations of the Securities Exchange Act of 1934. The action, brought on behalf of those purchasing the common stock of Ebix between May 6, 2009 through June 30, 2011, is pending in the United States District Court for the Southern District of New York.
Class Action Lawsuit Against Bank of America Over Mortgage Modification Handling
July 14th, 2011 by Joseph
Washington homeowners have sued Bank of America because the bank is refusing to part with government funds that were to be used to help homeowners who were facing foreclosure. The Bank of America class action lawsuit attorneys want to communicate with eligible home owners who believe were prevented from or wrongfully not allowed a permanent mortgage adjustment as stated in the Home Assistance Modification Program (HAMP). The bank has over a million morgages that potentially can be helped but only offered help to 12,761 mortgage holders.
This lawsuit which has been filed in U.S. District Court, makes the claim that Bank of America attempts to slow or prevent Washington homeowners from accessing the Troubled Asset Relief Program (TARP) funds. It is stated that they deliberately ignore the homeowner’s wish to make adjustments to their mortgage or in fact any other different solutions that would stop their homes from foreclosure.
Bank of America received over twenty five billion dollars in government bailout money. This is money that had been financed by U.S. taxpayers and was specifically put aside to help homeowners who were facing difficulties so that they could try and avoid foreclosure. The bank, by accepting the money, was obliged to try and help homeowners find ways around foreclosure by reducing monthly mortgage payments. The lawsuits states that this did not happen.
The bank should be offering a revised 3 month payment plan and if this is successful then they must offer this as a permanent modification to the mortgage plan. The lawsuit claims this is not happening and that the bank interfered with requests from homeowners and denied them funds to help prevent them from entering foreclosure. The result was that Bank of America benefited from the funds and additionally acquired additional fees and interest rates from the homeowners.
Homeowners who did not receive an adequate response from the bank after April 13, 2009 can join the suit.
During July, 2011 Bank of America lost its bid to get the lawsuit dismissed. The judge stated that homeowners who qualified for HAMP and did not receive any modification could continue with claims against the bank.
Dyer & Berens LLP Files Class Action Lawsuit
April 20th, 2011 by Joseph
Dyer & Berens LLP ( www.DyerBerens.com) today announced that it has filed a class action lawsuit in the United States District Court for the Southern District of New York on behalf of investors who purchased NIVS IntelliMedia Technology Group, Inc. (“NIVS” or the “Company”) (AMEX: NIV) common stock between March 24, 2010 and March 25, 2011, inclusive (the “Class Period”).
What actions may I take at this time? If you purchased during the Class Period and wish to serve as a lead plaintiff, you must request appointment by the court no later than May 30, 2011. If you would like to discuss this action, the lead plaintiff process, or have any questions concerning this notice, please contact plaintiff’s counsel, Jeffrey A. Berens, Esq., at (888) 300-3362 x302 or via email at [email protected] Any member of the putative class may request a lead plaintiff appointment through counsel of its choice or may choose to do nothing and remain an absent class member.
What are the allegations in the complaint? NIVS is an integrated consumer electronics company that designs, manufactures, markets and sells intelligent audio and video products and mobile phones in China, Greater Asia, Europe and North America. According to the complaint, during the Class Period, defendants made false and/or misleading statements and failed to disclose material adverse facts about the Company’s business, operations, and prospects, including that the Company: (i) had inaccurately recorded certain transactions; (ii) had discrepancies in its accounts receivables; (iii) was engaged in illegal acts involving its accounting records and bank statements; (iv) failed to record its financial results in accordance with GAAP; and (v) lacked adequate internal controls.
On March 25, 2011, the Company filed a Form 8-K with the SEC that disclosed that the Audit Committee of the Board of Directors had approved the dismissal of NIVS’s independent auditor, MaloneBailey LLP. According to the Company, MaloneBailey “based its resignation on what it characterized [as] illegal acts involving the Company’s accounting records and bank statements and discrepancies in accounts receivable.
Based upon the foregoing, the complaint charges NIVS and certain of its officers and directors with violations of the federal securities laws.