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The Wood Law Firm LLC announced today that customers from across the country have joined together and filed a class-action lawsuit challenging the sales and advertising practices of Butterfly Labs. The lawsuit against BF Labs, Inc., which does business as Butterfly Labs seeks compensation for customers who pre-paid Butterfly Labs for Bitcoin mining equipment and who did not receive the equipment they paid for, or received the equipment far after Butterfly Labs represented the equipment would ship.
TV Pitchman Kevin Trudeau was sentenced to 10 years in prison today for criminal contempt after continuing to scam consumers through infomercials and marketing his book "The Weight Loss Cure 'They' Don't Want You to Know About".
In an FTC lawsuit targeting illegal payday loan operations which have affliated themselves with American Indian Tribes, the United States District Court for the District of Nevada has upheld an earlier recommendation finding the FTC has the authority to bring suit against Indian Tribes, arms of Indian Tribes, and their employees and contractors. The FTC had previously sued a web of defendants ultimately controlled by Scott Tucker.
The United States Court of Appeals for the Fourth Circuit has upheld a judgment of $163,167,539 against Innovative Marketing, Inc., the operator of a computer "scare-ware" scam which tricked consumers into thinking their computers were infected with malware, and then took money to "fix" the non-existent problem.
Using the names WinFixer, WinAntiVirus, and WinAntiVirusPro, the company displayed ads to consumers simulating a system scan which would appear to find malicious files and programs and urge consumers to pay $40 to $60 to clean their computer.
On October 16, 2013, new rules and regulations under the Telephone Consumer Protection Act (the "TCPA"), requiring prior express written consent for autodialed telemarketing calls to cell phones and prerecorded messages will take effect. These new rules are intended to protect consumers from unwanted autodialed or prerecorded telemarketing calls, also known as "robocalls". The FCC has previously included text messages in its definition of "calls", so these new requirements will also apply to spam text messages.
United States District Judge Stanley Chesler of the District of New Jersey has granted class certification of a lawsuit filed on behalf of the recipients of junk faxes, finding the "class action is simply a better available method to fairly and efficiently resolve the claims [...] in this case".
United States District Judge Jose Linares of the District of New Jersey gave final approval to a class action lawsuit which accused Proctor & Gamble of making false claims on the label of Crest Sensitivity Treatment and Protection toothpaste.
Proctor & Gamble advertised the Crest Sensitivity toothpaste provided "Relief Within Minutes", but plaintiff alleged these claims false and unsubstantiated. The lawsuit asserted claims of violation of the Magnuson-Moss Warranty Act, breach of express warranty, breach of implied warranty of merchantability, unjust enrichment, and violation of the New Jersey Consumer Fraud Act.
Bank of America has agreed to pay $32 million to settle a lawsuit accusing the bank of making harassing debt collection robocalls to customers' cell phones. Bank of American was accused of violating the Telephone Consumer Protection Act (the "TCPA"). The settlement will also require Bank of America to stop calling cell phones unless a consumer has given permission.
In the lawsuit it was revealed Bank of America would repeatedly make calls to cell phones, at all hours of the day. The calls were pre-recorded "robocalls" which left consumers no way to ask them to top or talk to a real human.
Calling arguments by American Indian tribes "built [on] a wobbly foundation", Judge Richard Sullivan of the United States District Court for the Southern District of New York, denied several tribes' attempts to limit a crackdown by Benjamin Lawsky, superintendent of New York's Department of Financial Services.
The tribes had argued their "sovereign status" protected them from the efforts by Mr. Lawsky to limit payday loans with high interest rates that violate state usury laws. The tribes attempted to explain when a consumer comes to their loan websites the consumer "travel[s] to Tribal land via the Internet".
The Wood Law Firm is a proud "megabyte" sponsor of the Missouri Bar's lex|PORT 2013 seminar. lex|PORT, also known as the Missouri Bar Tech Expo, is a legal education conference focused on the use of technology in the practice of law and ethical issues raised by advancing technology.