8 MIN READ
Don’t Miss Out on Potential Awards From These Class Action Lawsuits
A wide variety of categories are covered in this month’s array of class action settlement opportunities.
If you received unwanted phone messages from Art Van Furniture, paid unexpected fees on your lease-to-own vehicle purchase through Ally Financial, or found the grass is not always greener on the other side of the fence where you used Scotts Turf Builder EZ Seed, you could be eligible for some free cash.
Art Van Furniture Telemarketing Phone Calls
If you received a pre-recorded telemarketing call from Art Van Furniture, you could be eligible for a portion of a $5.8 million class action settlement.
Art Van Furniture allegedly sent consumers repeated, unwanted phone messages in violation of the Telephone Consumer Protection Act (TCPA).
Class members include “all individuals and entities who were called by or on behalf of Art Van Furniture through the use of pre-recorded voice technology between May 23, 2013 and July 23, 2018.”
Art Van Furniture admits no wrongdoing, and the potential individual award is to be determined.
Don’t table the decision to submit a claim if you qualify because claims must be submitted by Sept. 26, 2018.
Business Information Group Consumer Report
If Business Information Group sourced a consumer report on you from TransUnion, you could be eligible for part of a $3.3 million settlement.
A class action lawsuit alleges Business Information Group procured consumer reports from TransUnion that were outdated. At least one consumer alleges the information provided to his employer contained incorrect, derogatory comments.
Business Information Group (BIG) denies allegations that it failed to follow reasonable procedures to ensure the accuracy of the consumer reports it keeps and maintains on consumers, but agreed to the class action settlement.
Three different classes with separate timelines qualify for various settlements. The certified settlement classes are:
- Injunctive Relief Class: Includes U.S. residents who were subject to at least one BIG consumer report sourced from TransUnion from Dec. 17, 2010 to June 28, 2018 and whose report contained a public record.
- Rule 23(b)(2) Subgroup Class: Includes all Injunctive Relief Class Members who were subject to at least one BIG consumer report dated Dec. 17, 2013 to June 27, 2016, where the consumer report contained a public record (other than a bankruptcy) sourced from TransUnion, and where BIG’s records don’t reflect that the Class Member filed a dispute with BIG about the report.
- Automatic Payment Class: Includes U.S. residents who were subject to at least one BIG consumer report dated Dec. 17, 2013 to June 27, 2016, where the consumer report contained a public record sourced from TransUnion and where BIG’s records show that the Class Member filed a dispute with BIG about the report.
Potential awards are estimated between $56 and $500, but members of the Automatic Payment Class might be entitled to more money if they provide proof they suffered damages as a result of the publication of the public record. Potential awards are as follows:
- Injunctive Relief Class Members are not entitled to compensation; however, they have the right to sue individually for actual or punitive damages related to loss of employment, embarrassment or distress.
- Rule 23(b)(2) Class Members can submit a claim form to receive a cash payment, which will be distributed pro rata. According to the settlement notice, if 10%of Rule 23(b)(2) Class Members file a claim, they will receive approximately $56.
- Automatic Payment Class Members will be paid according to the number of points they are awarded based on their specific situation. It is estimated that the minimum payment will be approximately $500.
Click here for more information and to submit a claim by the Oct. 9, 2018 deadline.
Scotts Turf Builder EZ Seed
If you purchased Scotts Turf Builder EZ Seed in California or New York, you could be eligible for a cash payment from a class action lawsuit settlement.
The Scotts Miracle-Gro Company Inc. and The Scotts Company LLC allegedly falsely advertised that Scotts Turf Builder EZ Seed grows grass “50% Thicker with Half the Water” as compared to regular grass seeds. They deny the allegations, but agreed to the settlement to avoid ongoing litigation.
The EZ Seed product entered the marked in 2009, at which time Scotts called it a “revolutionary seeding product” that contained an absorbent material that acted like a sponge, expanding and surrounding seeds with a moist layer to provide them with constant water and nourishment.
The class action lawsuit alleged the product backfired because the absorbent mulch competes with the seeds for what moisture is available and “actually prevents it from growing.”
If your EZ Seed product resulted in the mulch mowing down the moisture that never reached the seeds, you could be eligible for up to $90 cash.
Class members of the Scotts EZ Seed settlement include consumers who bought any variety of Scotts EZ Seed including the 50% Thicker Claim in California or New York between Jan. 1, 2009 and Sept. 30, 2014.
Those without proof of purchase will receive a payment of $15 or more per package, up to a maximum of $45. Class members who provide proof of purchase can claim up to six packages for a total of $90.
For more details and to submit a claim form, click here.
Babyganics Lotion, Sunscreen, Diapers, Wipes
If you purchased Babyganics baby care products, you could be eligible for a portion of a $2.215 million class action settlement from KAS Direct LLC.
The Babyganics organic class action settlement was reached after KAS Direct was accused of falsely advertising that its products were organic and made from “mineral-based ingredients.”
Consumers allege the only thing organic was what their babies supplied in the diapers despite the fact that Babyganics brand lotions, toothpaste, shampoo, diaper rash cream and sunscreen were advertised as organic.
Class members include those who bought certain Babyganics organic products between Sept. 7, 2010 and June 26, 2018 for personal use.
Consumers with proof of purchase will receive a full refund, and those without proof of purchase will receive a partial refund of up to eight covered Babyganics products.
KAS Direct admits no wrongdoing, but will update its packaging and advertising to help consumers determine whether or not the product ingredients are organic.
For details and to submit a claim by the Oct. 29, 2018 deadline, click here.
Medicredit Call Recording
If you were in California and you received a call by Medicredit on your cell phone, you could be eligible for a portion of a $5 million class action settlement.
Medicredit allegedly violated California’s Invasion of Privacy Law when it recorded phone calls without consent.
According to California law, all parties on a line must give permission before a call can be legally recorded.
Class members were in the state of California and received a call between June 29, 2014 and Feb. 26, 2015 from either Medicredit or The Outsource Group, which worked on Medicredit’s behalf.
Both companies deny the allegations but agreed to the settlement to avoid ongoing litigation.
The potential award will be distributed pro rata to class members who submit a timely and valid claim form by the Sept. 8, 2018 deadline.
Ally Financial Hidden Auto Leasing Fees
If you leased-to-own a motor vehicle through Ally Financial’s SmartLease Contracts program, you could be eligible for a portion of a $19.7 million settlement.
Consumers who decided to purchase the vehicle they had been leasing alleged they were charged extra fees known as “dealer fees” or “documentary fees” that were not listed in the SmartLease Contract and that they never agreed to pay.
The company admits no liability under the terms of the settlement.
Class members include those in the U.S. who paid dealer or documentary fees not included in their SmartLease Contracts between June 4, 2009 and June 18, 2018.
The potential award will be adjusted on a pro rata basis, and the deadline to submit a claim is Jan. 9, 2019.
Walmart, CVS, Walgreens CoQ-10 Supplements
Lang Pharma Nutrition Inc., Wal-Mart Stores Inc., CVS Pharmacy Inc., Walgreen Company and Meijer Distribution Inc. agreed to a $1.3 million settlement regarding allegations their Coenzyme 10 (CoQ-10) supplements were misleadingly labeled as more effective than they were.
The products covered by this CoQ-10 class action settlement include:
- Walmart’s Equate Clinical Strength High Absorption CoQ-10 100mg
- CVS/Pharmacy Ultra CoQ-10 100mg
- CVS/Health Ultra CoQ-10 100 mg
- CVS/Pharmacy Enhanced Absorption Formula CoQ-10 100 mg
- CVS/Health Enhanced Absorption Formula CoQ-10 100 mg
- Walgreens Well at Walgreens CoQ-10 Enhanced Absorption Formula 100 mg
- Walgreens Well at Walgreens CoQ-10 Enhanced Absorption Formula 200 mg
- Meijer’s Ultra CoQ-10 100 mg
According to the lawsuit, CoQ-10 is an antioxidant nutrient produced naturally in the heart, liver, kidneys and pancreas. CoQ-10 has proven health benefits, but it is not soluble in water and is poorly soluble in fat.
Even though Lang Pharma and other retailer defendants allegedly advertised their supplements as highly absorbable, plaintiffs claimed lab tests proved otherwise.
Class members of the CoQ-10 settlement include anyone in the U.S. who purchased a CoQ-10 product manufactured by Lang Pharma and sold by CVS, Walmart, Walgreens and Meijer under store brand labels between July 1, 2013 and July 24, 2018.
Those who submit timely, valid claim forms may choose between a $3.50 cash payment or a $12.50 product credit towards a variety of Lang Pharma products.
Don’t let this settlement opportunity dissolve before you have a chance to cash in.
Click here to submit a claim form by the deadline of Sept. 4, 2018.
Tesla Enhanced Autopilot Feature
Tesla has agreed to a $5.4 million settlement regarding allegations the software updates for the Model S “Enhanced Autopilot” feature were delayed, allegedly leading to a dangerous defect.
Class Members include “All U.S. residents who purchased Enhanced Autopilot in connection with their purchase or lease of a Tesla Hardware 2 Model S or Model X vehicle delivered to them on or before September 30, 2017.”
The potential award varies from $20 to $280, depending on when the Tesla Model S was purchased.
No claim form is needed, but for more information on this settlement click here.
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