Employee Lawsuits Upheld Under Private Attorneys General Act

Employee Lawsuits Upheld Under Private Attorneys General Act

Employee Lawsuits May Proceed Under PAGA California and federal laws generally uphold arbitration waivers in employment agreements signed by an employees.  These arbitration agreem ...

Unauthorized Calls to Cell Phones Basis for TCPA Lawsuit Against Rite Aid

Unauthorized Calls to Cell Phones Basis for TCPA Lawsuit Against Rite Aid

Audet & Partners, LLP reports that a New York consumer has launched a class action lawsuit in the U.S. District Court for the Southern District of New York against Rite Aid Cor ...

TCPA Lawsuit Costs Wells Fargo $14.5 Million

TCPA Lawsuit Costs Wells Fargo $14.5 Million

Audet & Partners, LLP reports that Wells Fargo NA has agreed to pay $14.5 million to settle class action claims that the bank illegally called customers on their cell phones in ...

Whistleblower Lawsuits Continue to Grow in 2014

Whistleblower Lawsuits Continue to Grow in 2014

Audet & Partners, LLP reports that the U.S. Securities and Exchange Commission ("SEC") has released its report on whistleblower complaints for Fiscal Year 2014 which ended on S ...

Apple iMessage Lawsuit Ruling Sustains Wiretap Act Claims

Apple iMessage Lawsuit Ruling Sustains Wiretap Act Claims

Audet & Partners, LLP has obtained a favorable ruling against Apple in a lawsuit claiming that Apple violated federal law by intercepting text messages sent to former iMessage ...

Silver Price Fixing Lawsuit Brought Against Major Institutions

Silver Price Fixing Lawsuit Brought Against Major Institutions

Audet & Partners, LLP reports that a number of major financial institutions have been sued based on allegations that they illegally conspired to artificially inflate the price ...

Ruling Holding Independent Contractors to Be Employees Challenged

Ruling Holding Independent Contractors to Be Employees Challenged

Audet & Partners, LLP reports that a recent ruling by the Ninth Circuit Court of Appeals holding truck drivers to be employees rather than independent contractors of Affinity L ...

Employee Lawsuits Upheld Under Private Attorneys General Act

Employee Lawsuits May Proceed Under PAGA California and federal laws generally uphold arbitration waivers in employment agreements signed by an employees.  These arbitration agreements often prevent employee lawsuits should a dispute arise regarding wages or other workplace conditions. In Iskanian v. CLS Transportation Los Angeles, LLC, however, the California Supreme Court entertained the issue of whether ...

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Unsolicited Phone Calls and Messages Continued in 2014

Unsolicited Phone Calls Continue to Run Afoul of the Telephone Consumer Protection Act In an effort to curb unscrupulous solicitors and telemarketers, the federal government passed the Telephone Consumer Protection Act ("TCPA") in 1991. The TCPA allows a member of the public to file a lawsuit and collect damages for receiving unsolicited phone calls, faxes, text messages, pre-recorded calls or autodialed ca ...

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What is a Class Action?

Class Action Lawsuits   Class action lawsuits are brought when a sizable number of people (the "class") suffer similar injuries due to the actions of a particular defendant, usually a company. In order to proceed as a class action, however, certain criteria must be met. “Certification” is the process by which a judge will decide if a class action is appropriate. Generally, a case will be “certified” if ...

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Unauthorized Calls to Cell Phones Basis for TCPA Lawsuit Against Rite Aid

Audet & Partners, LLP reports that a New York consumer has launched a class action lawsuit in the U.S. District Court for the Southern District of New York against Rite Aid Corp. alleging violations of the Telephone Consumer Protection Act ("TCPA").  In the lawsuit seeking class action certification, lead plaintiff Robert Zani has alleged that Rite Aid placed pre-recorded, unauthorized calls to the cell ...

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TCPA Lawsuit Costs Wells Fargo $14.5 Million

Audet & Partners, LLP reports that Wells Fargo NA has agreed to pay $14.5 million to settle class action claims that the bank illegally called customers on their cell phones in the process of debt collection.  Lead plaintiff Lillian Franklin had brought the lawsuit against Wells Fargo in August 2014 alleging violations of the Telephone Consumer Protection Act ("TCPA"). The lawsuit, filed in the U.S. Dis ...

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Whistleblower Lawsuits Continue to Grow in 2014

Audet & Partners, LLP reports that the U.S. Securities and Exchange Commission ("SEC") has released its report on whistleblower complaints for Fiscal Year 2014 which ended on September 30, 2014.  The Report stated that the SEC received 3,620 tips from whistleblowers in 2014, an increase from 3,238 in fiscal 2013. Perhaps most interesting is the growth in whistleblower complaints reported from outside th ...

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Apple iMessage Lawsuit Ruling Sustains Wiretap Act Claims

Audet & Partners, LLP has obtained a favorable ruling against Apple in a lawsuit claiming that Apple violated federal law by intercepting text messages sent to former iMessage users who switched to Android or other non-Apple devices.  In the U.S. District Court for the Northern District of California, Judge Lucy Koh denied Apple's Motion to Dismiss claims alleging violations of the federal Wiretap Act. ...

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Silver Price Fixing Lawsuit Brought Against Major Institutions

Audet & Partners, LLP reports that a number of major financial institutions have been sued based on allegations that they illegally conspired to artificially inflate the price of silver.  Deutsche Bank AG, Bank of Nova Scotia, and HSBC Plc are alleged by experienced commodities traders to have colluded to fix the price of silver futures to ensure high returns as part of the London Silver Market Fixing L ...

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Ruling Holding Independent Contractors to Be Employees Challenged

Audet & Partners, LLP reports that a recent ruling by the Ninth Circuit Court of Appeals holding truck drivers to be employees rather than independent contractors of Affinity Logistics Corp. has been appealed to the U.S Supreme Court.  In June, the Ninth Circuit held that delivery drivers had been improperly classified by Affinity as independent contractors based primarily on the degree of control that ...

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PAGA Claims Sent to Arbitration by Federal Court

A federal court in California has looked to the Federal Arbitration Act in upholding mandatory arbitration agreements as a bar to employment claims under the California Private Attorneys General Act (PAGA). Sitting in the U.S. District Court for the Central District of California, U.S. District Judge Jesus Bernal granted a Motion to Compel Arbitration brought by defendant 20/20 Communications, Inc. In so do ...

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