The IRS recently issued an urgent bulletin warning of the dangers of so-called “W-2 phishing" scams. In these cons, fraudsters use phony emails to fool someone in the company into handing over employees’ W-2 records and other personally identifying information and then use the data for all manner of identity theft.While phishing is as old as the internet, the current wave of W-2 scams—often coupled with an old-school wire transfer scam—has reached an unprecedented level. And the consequences … [Read more...]
No Binding Arbitration Agreement When a Gym Member Never Saw the Contract, Court Finds
A former L.A. Fitness member who accused the gym of tricking him into buying an annual membership he didn’t want cannot be held to a binding arbitration agreement he wasn’t shown until after he electronically signed it, a federal district court held. When Beau Briones walked into the L.A. Fitness in Long Beach, California, he just wanted to cancel his cancel his personal training membership. But Briones said a salesperson pressured him into agreeing to one more month and then had him put his … [Read more...]
Statistical Sampling in Class Actions: Supreme Court Approves Its Use to Prove Claims
The U.S. Supreme Court ruled in late March that plaintiffs may use statistical estimates to establish the commonality of their injury, a prerequisite to a court granting the plaintiffs the right to proceed as a class action. The 6-2 ruling is an important victory for all plaintiffs who rely on statistical samples to prove liability and damages. Justice Anthony Kennedy wrote the opinion for the Court, joined by Justices Ginsburg, Breyer, Kagan, Sotomayor and Chief Justice Roberts. What Happened … [Read more...]
Class Action Waiver Struck Down: Court Rejects Arbitration Ban on Employee Class Actions
Arbitration provisions are everywhere. If you own a cell phone, use a credit card, or subscribe to cable or satellite TV, odds are very high that your contract with those companies contains an arbitration clause. Your employment agreement may very well have an arbitration clause too. Your car loan? The vacation you just booked with an online travel site? All are likely to have an arbitration clause buried somewhere in the fine print. According to a three-part series published in The New York … [Read more...]
TCPA Class Action: U.S. Supreme Court Backs an Important Class Action Principle, For Now
In a TCPA class action decision issued on January 20, 2016, the U.S. Supreme Court pushed back against efforts by defendants to buy off the named plaintiff in order to avoid class action litigation. In Campbell-Ewald vs. Gomez, the Court ruled that a complete offer of relief by the defendant that is rejected by the representative plaintiff does not moot the class action case. The Telephone Consumer Protection Act and Unwanted Texts The case arose under the Telephone Consumer Protection Act … [Read more...]
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