Cases

Please use the links on the left to sort the items below according to category: investigations, new cases, featured cases and settlements. 

Fiat Chrysler May Have Installed Emissions Cheating Software
July 19, 2017

Fiat Chrysler is under investigation for allegedly equipping various SUVs with emissions cheating software that allows those vehicles to bypass diesel emission controls.
Hyundai Accents and Elantras May Have a Power Steering Defect
July 13, 2017

The power steering in various Hyundai Accents and Elantras may be defective, adversely impacting drivers' ability to safety steer and control the vehicles.
Rite Aid Could Be Deceiving and Overcharging Customers for Generic Prescriptions
July 12, 2017

Rite Aid has a program called the “Rx Savings Program”, which apparently allows cash-paying customers to purchase generic drugs at significantly lower prices. However, it is alleged that Rite Aid may not extend this pricing discount to customers who pay using insurance.
Toyota Sienna Vehicles May Be Equipped with Defective Power Sliding Doors
July 11, 2017

Consumers have alleged that various models of the Toyota Sienna are equipped with defective sliding doors, which may open while the vehicles are in motion.  FT is investigating this allegation.
Annie's Homegrown Salad Dressing May Contain a Synthetic Ingredient
July 11, 2017

Annie's Homegrown Salad Dressing may contain a synthetic ingredient, despite claims that the dressings are "all natural."  The synthetic ingredient, xanthan gum, is not naturally occurring and is listed among the ingredients on the back of most bottles and on the company's website.
Just for Men's Jet Black Hair Dye May Be Toxic
July 10, 2017

Just for Men's "Jet Black" hair, beard and mustache dye allegedly contains large amounts of p-Phenylenediamine (PPD), an organic aromatic chemical compound that produces a dark color pigment when exposed to an oxidizing agent.  PPD has been known to cause adverse side effects, such as renal failure and convulsions.
Subaru May Have Sold Vehicles With Faulty Windshields
July 10, 2017

Several Subaru models may be equipped with faulty windshields.  The problem may be linked to a compound used to adhere the deicer to the lower portion of the windshield.
Honda Vehicles Might Have a Defective Starter System
June 14, 2017

A complaint has been filed alleging that Honda Motor Company has been concealing a problem with the starter system in two popular models: the Accord and the Crosstour. The allegedly defective starter system results in battery and/or motor failure, rendering the vehicles inoperable.
Similac Advanced Non-GMO Baby Formula Might be Deceiving the Public
June 14, 2017

Abbott Labs, which manufactures and advertises Similac Advanced Non-GMO baby formula, might be deceiving customers. According to several different tests, Similac Non-GMO baby formula does actually contain GMOs.
Walgreens Could Be Deceiving and Overcharging Customers for Generic Prescriptions
June 14, 2017

Walgreens, the second largest pharmacy chain in the United Sates, fills millions of prescriptions every month, including generic drug prescriptions.  Generic drugs, which are equivalent to brand-name medications, are usually a less expensive option for many consumers. Walgreens has a program called the “Prescription Savings Club”, which apparently allows cash-paying customers to purchase generic drugs at significantly lower prices.
Burger King’s Buy One Get One Free Breakfast Sandwich May Not be a Deal
June 13, 2017

A complaint has been filed alleging that Burger King promotes a buy one get one free Croissan’wich breakfast, but then charges the customer an inflated price for the breakfast sandwich.  Purportedly, rather than paying the original price and getting a second Croissan’wich for free, customers may be paying an inflated priced for the original Croissan’wich to obtain the second one for “free”.  
SquareTrade Might be Defrauding Customers with its Protection Plans
June 09, 2017

Customers have been complaining about SquareTrade Protection Plans, warranties on certain products that can be purchased through Amazon. SquareTrade is allegedly showing customers a set of Terms and Conditions before they purchase the product and then enforcing a different, more restrictive, set of Terms and Conditions after purchase.
Tesla Auto-Brake Might Not Function as Advertised
June 05, 2017

Some 2016 and all 2017 Tesla S and X models might not be equipped with a functional Automatic Emergency Braking (AEB) safety feature, which is supposed to be standard and operable up to 90 mph. AEB is a "collusion avoidance assist" feature that automatically engages the brakes to reduce the impact of an unavoidable front-end collision.  The problem may effect all S and X models that were produced between October 19, 2016 and now.
General Motors May Have Installed a Defeat Device
June 05, 2017

General Motors may have installed software in two models of heavy-duty diesel trucks that allows the trucks to cheat on emissions tests.  These “Defeat Devices,” allegedly minimize the emission of nitrogen oxide while the vehicles were being tested but allow the vehicles to emit 2 to 5 times as much nitrogen oxide under normal driving conditions.
Urbani Truffle Oils Might Be Flavored with Perfume
June 01, 2017

Urbani Truffles USA, Inc. might be misleading customers by selling Urbani White Truffle Oil and Urbani Black Truffle Oil that is actually made with a chemically-derived perfume known as “2,4-dithiapentane”. Urbani labels its Truffle Oils to advertise that they contain “White Truffles” and “Black Truffles”. In actuality, they could be using 2,4-dithiapentane, also know as “formaldehyde dimethyl mercaptal”, a synthetically prepared acid that emulates the taste and smell of truffles.
GMC Acadia Transmission Might be Faulty
May 24, 2017

The GMC Acadia might come with a faulty transmission. Numerous customers have experienced transmission failure and/or gear shift issues.  The problem may be caused by a broken or cracked wave plate.

Mercedes-Benz Might Be Selling Vehicles with Faulty HVAC Systems
May 23, 2017

The factory-installed heating, ventilating and air conditioning system (HVAC) in many Mercedes may accumulate mold and mildew, causing an unbearable moldy smell in the passenger cabin.  This may be caused by a defective evaporator, which removes the condensation that builds up in the HVAC system.  This problem allegedly persists even after the cabin air filter has been replaced and/or the HVAC system has been flushed.
Audi Vehicles May be Equipped with Illegal Software that Alters Carbon Dioxide Emission Levels
May 17, 2017

Audi may have equipped its gasoline-powered vehicles with illegal software that falsely identifies the level of carbon dioxide being emitted, thereby circumventing government emissions regulations.  The carbon dioxide emission levels allegedly differ based on the vehicle's mode.  Specifically, the "warm-up" mode may reduce the engine speed, consume less fuel, and produce less carbon dioxide. 
Samsung Electronics May Be Intercepting Your Private Communications
May 10, 2017

There have been recent revelations that Samsung Electronics, and several of its subsidiaries, may have been installing recording devices inside of Smart TVs.  According to certain consumers, Samsung and its subsidiaries, deceived and mislead customers by installing software that outside parties could use to spy on Samsung customers’ private conversations, even when the device is “off.” 
Blu Products Inc. Might Sell Phones with Data Intercepting Spyware
May 09, 2017

Blu Products Inc. and Shanghai Adups Technology Ltd. might have sold their mobile phones with software that intercepts private and personal activity and data. It is possible that that software, pre-installed on the phone could intercept consumers’ personal activities. Furthermore, if this is true, Blu Products then failed to inform consumers about the existence of the spyware.
Sports Warehouse Might Be Offering Fake Sales
May 09, 2017

Customers at Sports Warehouse’s online stores such as: Tennis-Warehouse.com, RacquetballWarehouse.com, TotalPicketball.com, RidingWarehouse.com, DerbyWarehouse.com, IceWarehouse.com, and InlineWarehouse.com might have been deceived by the company Sports Warehouse with potentially false sales. Some allege that the “sales” advertised on the website, were not actual discounts on products sold by Sports Warehouse.
Many Brands Might Be Engaging in Protein Powder Spiking
April 28, 2017

There are many types of protein powder sold in the United States. Customers rely on the protein and purity claims on the labels to make purchasing decisions. However, some consumers claim that several companies, specifically Core Formulations, Biohealth, and Rogue Nutrition, spike their protein powder with amino acids rather than providing the complete proteins that they advertise. Allegedly, these companies add amino acids, which are a lot cheaper than complete proteins, to fool the nitrogen testing conducted to determine protein content.

Charter Internet Speeds Might Not Be as Promised
April 27, 2017

Some Charter customers are complaining that Charter-Spectrum Communications, the internet provider, sells high-speed internet plans, and then provides older modems and wireless routers that cannot support the promised Internet speeds. Furthermore, it has been alleged that Charter has failed to provide sufficient network and infrastructure to enable consumers with new modems and routers to achieve the advertised Internet speeds. If this is the case, due to Charter’s choices, it might have become impossible to fulfill their promises of providing “fast, reliable Internet speeds.”
Lenny and Larry’s “Complete Cookie” Might Not Be as “Complete” as Advertised
April 20, 2017

Lenny and Larry’s created a “Complete Cookie”, with eleven different flavor variations, as a health food. They advertise with the tagline “Vegan, Non-GMO, Kosher, and contain no soy, artificial sweeteners or sugar alcohols” as well as offering that the products contain “Plant-Based Protein to Build Lean Muscle”. Lenny and Larry’s target individuals looking for more ways to eat healthy. In fact, they tell customers on the nutrition label and on the packaging that there is 16g of protein in every 4 oz. cookie, as is the cookies are a replacement protein shake.
Charter Customers Now Being Charged ‘Broadcast TV’ Fee
April 19, 2017

One result of the Charter and Time Warner Cable merger is an alleged new monthly “Broadcast TV Surcharge” of $4.47. The fee is problematic because Charter advertises one set of prices and then, allegedly, through fees like the “Broadcast TV Surcharge,” actually charges a much higher price for their basic services.  
Experian Allegedly Oversold the Uses of Certain of its Credit Scores
April 18, 2017

Experian is one of the country’s three largest credit reporting agencies. According to the Consumer Financial Protection Bureau (CFPB), Experian allegedly developed “educational credit scores,” such as the PLUS Score.  The CFPB purports that Experian violates the Dodd-Frank Act by concealing the true use of some of the credit scores it offered.  According to the CFPB, from 2012-2014 Experian marketed the “educational credit scores” to customers, as if those credit scores were used by lenders. 

Mazda Might Have Taken Away Their Real-Time Traffic Software
April 17, 2017

Mazda offered a factory-installed navigation system on its 2016 model year vehicles.  Consumers could purchase the “Grand Touring Package,” which included real-time or live traffic alerts, at an additional cost to the base price of the 2016 vehicles.  However, a few months in, Mazda allegedly removed the traffic software without notifying their customers.

LG V10 LG G4 and LG Nexus 5X Smartphones Might Suffer From Serious Defects
April 07, 2017

After many complaints, some consumers who purchased that LG V10, LG G4, and LG Nexus 5X smartphones have alleged a very serious defect. According to some the phone suffers from a “bootloop” defect. The defect supposedly appears without warning and the phone begins to turn off and the then get stuck on the “Life’s Good” screen.
Trident Seafoods Corporation and Costco Wholesale Corporation Might be Falsely Advertising Fish Oil
April 06, 2017

Over the last few years, numerous studies have extoled the virtues of Omega-3 Fatty Acids, often found in fish. A supplement market has arisen, selling fish oil pills. Customers who buy these pills believe that the product contains the advertised amount of Omega-3 Fatty Acids that the Kirkland Brand Signature Wild Alasakan Fish Oil soft gel pills, and base their purchases on Costco’s good word. 
Nature’s Bounty Products Might Not Be as Excellent as Advertised
April 04, 2017

Nature’s Bounty Inc., claims that consuming its supplements, which are rich in biotin and other B vitamins, yields excellent health benefits, such as healthier hair, skin, and nails.  However, scientific evidence suggests that the supplements may be ineffective, because most people consume more than enough biotin and other B vitamins in their everyday diets.
Inventure Foods Might Deceive Customers by Using the Phrase “Evaporated Cane Juice”
March 09, 2017

It has been alleged that Inventure Foods, the creator and seller of the Boulder Canyon branded snack chips labels its products with Evaporated Cane Juice (“ECJ”) listed among the ingredients. However, according to the Food and Drug Administration labeling an ingredient “Evaporated Cane Juice” is misleading, because ECJ is basically sugar.

UnitedHealthcare and OptumRx’s Alleged Clawback Scheme May Be Illegal
March 07, 2017

Does your health insurance plan have pharmacy coverage through UnitedHealthcare and OptumRx? The cost of certain prescription medications purchased at your local pharmacy may actually be increased through a billing scheme known as a “clawback.”

Peet’s Coffee & Tea LLC, Study.com LLC, and Other Companies May Be Violating Auto Renewal Laws
March 02, 2017

These days consumers are purchasing many subscriptions and automatic/recurring deliveries of products and services online.  These subscriptions can be anything from coffee, study materials, cosmetics and vitamins to data storage and magazine subscriptions. Many companies, including Peet’s Coffee & Tea LLC or Study.com LLC, are allegedly failing to disclose a document that includes the automatic renewal offer terms, automatically renewing subscriptions to these products and services,  and are automatically charging the debit or credit card account number provided for the initial transaction.  In some cases, consumers are signed up for automatic renewals even when they just sign up for a free trial period of the product or service.

Whole Foods and the Vitamin Shoppe St. John’s Wort Claims Might be Deceptive
February 14, 2017

St. John’s Wort Extract and St. John’s Wort are supplements distributed by The Vitamin Shoppe and Whole Foods Market, respectively. Recent studies have shown that either of these products may not contain enough of the listed and advertised active ingredient. The ingredient is Hypericin and certain watchdog groups, such as Consumer Labs, have tested both products and found that there is less significantly less Hypericin than advertised.  The Vitamin Shoppe St. John’s Wort Extract, was advertised that there was 0.9 mg to 2.7 mg in each pill. However, testing may have shown that there might only be .036 mg to 0.11 mg instead. Meanwhile, Whole Foods advertised a similar amount of Hypericin in their products, and testing may have shown that the supplement only contains 58.6% of what was advertised. 

Volkswagen and Audi 2.0L Settlement
November 02, 2016

>On June 28, 2016, a proposed class action settlement on behalf of consumers who are owners or lessees of Volkswagen and Audi 2.0 L TDI vehicles was filed in the multidistrict litigation titled, In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litig., MDL No. 2672 CRB.  at  This email address is being protected from spam bots, you need Javascript enabled to view it .

In re Sony PS3 “Other OS” Litigation Settlement
November 01, 2016

If you purchased a “Fat” PS3 in the United States between November 1, 2006, and April 1, 2010, from an authorized retailer for family, personal, and/or household use, you are a Class Member and may be eligible to submit a claim to receive a cash payment.

Finkelstein Thompson LLP Investigates Claims Against Niantic, Inc., the Pokémon Company
October 25, 2016

Finkelstein Thompson LLP is investigating claims against Niantic, Inc. (“Niantic”), The Pokémon Company (Pokémon Co.”), and Nintendo Co. Ltd. (“Nintendo”). Earlier this year, the immensely popular Pokémon Go smart phone game was released. Pokémon Go is an augmented reality game, where players find and “catch” Pokémon in their real environment, using the GPS, camera, and gyroscope features on users’ mobile phones. 

Finkelstein Thompson LLP Investigates MyFord Touch
October 17, 2016

Finkelstein Thompson LLP is investigating allegations that MyFord Touch and MyLincoln Touch touchscreen systems may be defective. Some customers have claimed that the systems may crash, freeze, fail to respond to voice and touch commands, as well as providing inaccurate GPS information and unable to connect to mobile phones and iPods. 

Finkelstein Thompson LLP Investigates “All Natural” Claims Against Beanfields
October 06, 2016

Finkelstein Thompson LLP is investigating claims that Beanfields Snacks Corporation (Beanfields) has engaged in deceptive and misleading business practices. Many customers counted on Beanfields’ claim the products are “All Natural” and it is alleged that Beanfields actually uses multiple synthetic ingredients such as lactic acid, citric acid, and maltodrextrin.

Finkelstein Thompson LLP Investigates ITT Tech
October 05, 2016

Finkelstein Thompson is investigating the closure of ITT Technical Institute , a for-profit university. ITT Tech just lost its federal funding and its accreditation.  Many students have been left in the lurch because of the school’s closing. Students may have suffered financial damage from paying for a degree that has no value , or paying for credits that they have been unable to transfer. Students may have also taken out loans that they are unable to discharge.

Finkelstein Thompson Investigates SiriusXM Lifetime Subscriptions
October 05, 2016

Finkelstein Thompson LLP is investigating claims that Sirius XM misleadingly promised Lifetime subscriptions to its satellite radio service. Some customers may have purchased lifetime subscriptions at high upfront prices, with the understanding that they would be able to access the service continually. Now, Sirius XM is allegedly not honoring lifetime subscription it sold to its early customers without conditions. 

Finkelstein Thompson Investigates Wells Fargo on Behalf of Shareholders
September 30, 2016

Wells Fargo & Company disclosed on September 7, 2016, that the Consumer Financial Protection Bureau had fined the company $100 million for secretly opening over 2 million unauthorized deposit and credit card accounts since 2011 in order to meet performance goals.   Wells Fargo’s conduct has also resulted in millions in refunds to affected customers, the initiation of other governmental investigations and sanctions,  lawsuits by former employees alleging they were wrongfully terminated, and securities fraud, class action lawsuits.

Annie Chun's Settlement
September 28, 2016

On March 23, 2016, the Judge in the Peterson v. CJ America, Inc. class action, pending in the United States District Court for the Southern District of California, entered an Order Preliminarily Approving the class action settlement. The Court has scheduled a hearing for September 30, 2016 to consider a motion for final approval of the settlement.  For more information please visit the settlement website at  www.noMSGaddedsettlement.com

Finkelstein Thompson Investigates Yahoo Data Breach
September 26, 2016

Finkelstein Thompson is investigating Yahoo after revelations that 500 million users may have been affected by an email hack in 2014. In a statement  on September 22nd, Yahoo said user information, including names, email addresses telephone numbers, birthdates, encrypted password, and, in some cases, security questions were compromised. Your account and email may have been affected by the breach.

Agreement in Principle reached in Volkswagen "Clean Diesel" (Emissions Defeat Device) MDL No. 2672
April 22, 2016

San Francisco, Calif. – (April 21, 2016) – The MDL Plaintiffs' Steering Committee leading the Volkswagen Emissions "Defeat Device" consumer class actions is pleased to announce that they have reached an Agreement in Principle with Volkswagen regarding the claims of all 2.0 liter TDI owners and lessees. The agreement is an important first step in the effort to obtain full compensation for consumers and remediation of the environment impact caused by excessive emissions.

Finkelstein Thompson LLP Investigates Accusations Against Mercedes for Emissions-Cheating Devices
March 01, 2016

Allegations have surfaced that Mercedes-Benz, the German-based car company, installed “defeat devices” in their diesel vehicles that let them ace emissions inspections while otherwise producing pollutants at many times allowed levels. Mercedes marketed certain of its BlueTec diesel vehicles as :“Earth-Friendly” and "the world’s cleanest and most advanced diesel” engines, with “ultra-low emissions, high fuel economy and responsive performance.” 

Gateway Settlement
November 19, 2014

On November 7, 2014, the United States District Court for the Central District of California preliminarily approved a proposed settlement in the case titled, Lima v. Gateway, Inc.
Capitol Park Towers Apartments Settlement Notice
June 30, 2014

The DC Superior Court has preliminarily approved a settlement in the class action lawsuit Chaney, et al. v. Capitol Park Associates, et al. 

Finkelstein Thompson LLP Comments on SEC Proposed Crowdfunding Rule
February 05, 2014

The U.S. Securities and Exchange Commission recently proposed regulations to implement Title III of the Jumpstart Our Business Startups (“JOBS”) Act and Section 4(a)(6) to the Securities Act of 1933 in which Congress created an exemption to securities registration requirements that would equity-based crowdfunding. As a firm with more than four decades of experience in securities law, Finkelstein Thompson LLP is actively engaged in the development of this new industry and submitted comments in response to the SEC’s proposed rules.

Ninth Circuit Reinstates Claims Against Sony for Removal of the Other Operating System
January 08, 2014

PlayStation®3 (“PS3”) owners won a significant appeal that will allow consumers to pursue their claims that Sony caused damages by disabling the heavily advertised ability to run another operating system and use the PS3 as a computer.

Finkelstein Thompson Defeats NASDAQ’S Motion to Dismiss Case Over Botched Facebook IPO
December 18, 2013

Shareholders who participated in Facebook’s (NASDAQ: FB) botched IPO won a victory on December 11, 2013, when Judge Sweet of the Southern District of New York rejected NASDAQ’s (NASDAQ: NDAQ) motion to dismiss a class action lawsuit alleging NASDAQ negligently failed to properly test and design its systems.

Dry Max Pampers Important Notice
December 09, 2013

On December 5, 2013, the Honorable Timothy S. Black issued an important notice in the case titled In re Dry Max Pampers Litigation, which is pending in the U.S. District Court for the Southern District of Ohio. The litigation relates to the marketing and sales of Dry Max Pampers.

Naked Juice Class Settlement
September 16, 2013

On August 7, 2013, the Honorable John A. Kronstadt approved of a $9 million cash settlement in the case titled Pappas v. Naked Juice Co. of Glendora, Inc.

Finkelstein Thompson LLP was appointed co-lead class counsel. Please visit the Naked Juice settlement website for more information.

Class Action Settlement with Allergan, Inc.
February 21, 2013

Finkelstein Thompson LLP is pleased to announce that the Honorable Philip Gutierrez of the United States District Court, Central District of California, granted preliminary approval of a $7,750,000 million dollar settlement with Allergan, Inc. in the case titled, Dr. Julio Garcia v. Allergan, Inc., Case No. CV 11-9811-PSG (Ex). The settlement resolves a nationwide class action suit against Allergan based on allegations that the company promoted the use of one vial of BOTOX® Cosmetic on more than one patient. The lawsuit did not allege that BOTOX® Cosmetic is unsafe or ineffective. Allergan denies the allegations.

Finkelstein Thompson LLP Investigates The Flushmate III Pressure-Assisted Flushing System
August 20, 2012

Recently the U.S. Consumer Product Safety Commission ("CPSC") announced a voluntary recall of the Flushmate III Pressure-Assisted Flushing System ("Flushmate III"). The Flushmate III presents a hazard of bursting at or near the vessel weld seam with a force strong enough to shatter the tank. The CPSC has already received 304 reports of the product bursting, resulting in property damage  and 14 impact or laceration injuries.

Merix
December 15, 2011

On November 16, 2011, the Circuit Court of Oregon, Multnomah County, entered a judgment and opinion granting final approval of a settlement providing $1.5 million to former shareholders of Merix Corporation. Finkelstein Thompson LLP ("FT") was appointed Co-Lead Counsel in this securities class action alleging that the Merix Board of Directors breached their fiduciary duties to Merix shareholders in connection with the approval of a merger with Viasystems Group, Inc. in October 2009. The certified class consists of all persons who held any Merix common stock continuously from October 6, 2009 through and including February 16, 2010.

Fifth Third Bank
December 01, 2011

This case has been preliminarily approved for settlement.  Please go to https://www.overdraftsettlement.com// for more information.

BAR/BRI Settlement
April 09, 2007

This case has been preliminarily approved for settlement.  Please go to http://www.barbri-classaction.com for more information.