EQUIFAX DATA BREACH September 8, 2017 Equifax Data Breach Affects One in Three U.S. Citizens On September 7, 2017, Equifax, one of the nation’s largest credit reporting agencies, announced a major data breach of highly sensitive personal identifying information of approximately 143 million U.S. citizens. This means that 1 in 3 Americans may be victims of the Equifax data breach. As a result, hackers may have their names, social security numbers, birth dates, driver’s license numbers, addresses, and other sensitive personal information; and this puts those affected by the Equifax data breach at substantial risk for identity theft. Although this data breach is one of the largest data breaches in U.S. History, Equifax stated that it will directly notify only a few hundred thousand out of the 143 million potential victims so it is likely that Equifax may not notify you if your personal sensitive information was breached. If you have a credit report, there’s a good chance you are one of the American consumers whose sensitive personal information was exposed in the data breach. You will have to take action to find out if you are a victim of the Equifax data breach. State and federal laws provide important protections to people whose personal information is maintained by credit reporting agencies, which have a special duty to protect consumers’ private information. These laws protect consumer privacy and allow consumers to learn who has provided or has obtained access to their personal information. Our law firm is committed to fighting for the rights of consumers and in protecting the public from deceptive commercial practices. We are investigating a potential class action to compel Equifax to notify people if they are victims of this data breach, and to compensate them for any harm they suffer as a result. Please contact Partners Joe Kravec or Jim Pietz for a free consultation to find out whether you have an Equifax data breach claim and, if so, how we can help. IMPORTANT: Equifax created a website for consumers to determine whether their information was stolen. If Equifax confirms that your information was stolen, it immediately invites you to register for one year of a credit protection service. If you register for that service, you will be required to waive your right to participate in a class action lawsuit or to prosecute your claim in any manner.
Diesel 3.0L Engine Vehicles January 17, 2017 EPA Says Diesel 3.0L Engine Vehicles in Jeep Grand Cherokees and Dodge Ram 1500s Have Illegal Software That Violates Emission Standards On January 12, 2017, the Environmental Protection Agency EPA and California Air Resource Board CARB issued formal Notices of Violation to Fiat Chrysler (FCA US LLC) for Clean Air Act violations in connection with installing engine management software that increases air pollution in 2014, 2015 and 2016 Dodge Ram 1500 and Jeep Grand Cherokee diesel 3.0L engine vehicles. The undisclosed software may cause increased emissions of nitrogen oxides (ONx). These levels violate Federal and California emission standards; and may cause the vehicles to be unable to be driven or sold in California. Automakers are required to disclose and explain any software that can alter how a vehicle emits air pollution. The EPA alleged that FCA did not disclose the software to the EPA in its applications for certificates of conformity for 2014, 2015, and 2016 Jeep Grand Cherokees and Dodge Ram 1500 trucks. By failing to disclose the software and then selling the vehicles that contained it, FCA violated important provisions of the Clean Air Act. 2017-01-12 EPA Press Release EPA Notice of Violation CARB Notice of Violation Owners of these Diesel 3.0L engine vehicles may have paid extra to purchase their vehicle in order to achieve better levels of emissions, horsepower, and gas mileage. Correcting the problem to make the emissions comply with U.S. Laws may reduce the vehicles’ horsepower and gas mileage, causing lower resale or trade-in values. Diesel 3.0L Engine Vehicles that may be affected: 2014 Dodge Ram 1500 2015 Dodge Ram 1500 2016 Dodge Ram 1600 2014 Jeep Grand Cherokee 2015 Jeep Grand Cherokee 2016 Jeep Grand Cherokee If you purchased a 2014, 2015, or 2016 Dodge Ram 1500 or Jeep Grand Cherokee diesel 3.0L engine vehicle and would like to discuss this issue with Joseph N. Kravec, Jr. or Wyatt A. Lison, call today (1-888-355-1735 or 1-412-281-8400) or email [email protected] for a free consultation to see if we may help you.
Anthem Data Breach April 23, 2015 Investigation: Anthem Data Breach If you have or had Anthem BlueCross BlueShield health insurance, your sensitive personal information (including your Social Security number) may have been stolen in the recent Anthem data breach. On February 4, 2015, Anthem BlueCross BlueShield, one of the country’s largest health insurers, announced that it had been the target of a massive cyber-attack. Hackers had breached Anthem’s computer systems containing Anthem customers’ names, Social Security numbers, healthcare ID numbers, home addresses, email addresses, and employment information including income data. Current or former members of one of Anthem’s affiliated health plans, as well as some members of other independent Blue Cross and Blue Shield plans who received healthcare services in any of the areas Anthem serves over the last 10 years may be impacted. Anthem said it is likely that “tens of millions” of records were stolen, which means that victims of the Anthem data breach whose personal information was stolen are at an increased risk for identity theft. News agencies have reported that hundreds of Anthem customers may have already been victims of identity theft or may have had fraudulent tax returns filed in their names. Our firm has filed a class action lawsuit on behalf of a nationwide class of Anthem customers whose sensitive personal information was stolen in the Anthem data breach. The lawsuit is filed in the United States District Court for the Northern District of California, and seeks damages, restitution, and injunctive relief for affected Anthem customers. See Giotta v. Anthem, Inc. et al., No. 15-618 (N.D. Cal. filed Feb. 9, 2015). To help our lawsuit, we want to speak with people who are victims of Anthem’s data breach, including anyone who suffered identity theft or paid for identity-protection or credit monitoring services. For more information, call Partner Joe Kravec or Attorney Greg Murray at 888-355-1735 (toll-free) or 412-281-8400 or email [email protected] to discuss any harm that you have experiences as a result of the Anthem data breach. Your call with us will be free and confidential.
Misleading Labeling April 10, 2015 Ninth Circuit Court of Appeals Rules on Misleading Labeling Case On April 10, 2015, the U.S. Court of Appeals for the Ninth Circuit issued its Opinion in Astiana v. Hain Celestial Group, Case No. 12-17596, a case involving misleading labeling of cosmetics. Hain Celestial Opinion FDPK Partner Joe Kravec argued the misleading labeling product case before the Ninth Circuit Court of Appeals on February 10, 2015. The Court’s ruling holds that the Food, Drug, and Cosmetic Act does not expressly preempt California’s state law causes of action that create consumer remedies for false or misleading cosmetics labels. The case was remanded to the U.S. District Court for the Northern District of California. Mr. Kravec commented: We are pleased that Plaintiffs will be able to proceed with this class action about Jason’s products labeled “all natural” and “pure natural.” We welcome the opportunity to pursue class-wide compensation for our claims which, as the Ninth Circuit put it, allege that Jason’s “false or misleading labeling of products that duped consumers seeking natural cosmetics into purchasing products that were chock-full of artificial and synthetic ingredients.” In addition, besides its direct impact in Astiana, the impact of the Ninth Circuit’s opinion is more broad-ranging in that it provides critical guidance by establishing the confines of preemption and the appropriate application of primary jurisdiction in misleading labeling cases and by clarifying the existence of a quasi-contract claim under California law. This guidance and clarity on such critical issues benefits the district courts, parties and consumers in all cosmetic and food labeling cases. Along with Mr. Kravec and co-counsel, Senior Associate Wyatt Lison litigated this misleading labeling case.
Protein Spiking December 18, 2014 Protein Spiking: Consumers May Be Paying for Protein Powder or Supplements that Don’t Contain the Amount of Protein They Claim Protein Spiking, also sometimes called amino spiking or nitrogen spiking, is when a protein manufacturer “spikes” or adds amino acids that are cheaper than the base protein powder to increase the product’s nitrogen content. FDPK is investigating a potential class action on behalf of consumers who purchase protein supplements that are suspected to have been spiked with cheaper ingredients (such as amino acids). Protein spiking causes products to appear to contain more protein than they actually do. As a result, consumers end up paying more for an inferior product and they do not receive natural protein. Protein spiking manufacturers use amino acids because they are less expensive than complete proteins such as whey protein, casein protein or egg protein, but lack the same beneficial effects of these proteins because the body absorbs them differently. You may suspect protein spiking if the price for a protein powder (usually whey isolate) appears too good to be true. Check the label. If certain amino acids such as taurine and glycine are very high, the protein powder could have been spiked. If there are white specks in the protein powder (easy to see in chocolate), this could indicate protein spiking with amino acids. FDPK is investigating reports of protein spiking by several different protein supplement manufacturers. If you have purchased protein supplements and want to learn more, please contact us by calling toll-free at 1-888-355-1735, by emailing [email protected], or by completing an inquiry form. Posted by McKean Evans. December 18, 2014.
For-Profit Colleges June 12, 2014 Investigations into For-Profit Colleges State and federal officials are investigating for-profit colleges for misleading potential students. According to government agencies and regulatory filings, federal and state officials are conducting probes into for-profit colleges due to concerns that schools may be marketing and advertising career-training programs that may be deceptive. The investigations, being conducted by the Federal Trade Commission and some state attorneys general, focus on whether students may be misinformed when the for-profit colleges offer programs in vocational programs such as nursing, education, psychology and law enforcement. The FTC advised for-profit colleges against misrepresentations about their accreditation status, transferability of credits, job placements, graduation rates or salaries of graduates. U.S. educational institutions often receive federal student aid because they have been evaluated by and receive accreditation from private regional or national organizations. Federal officials are concerned that, even though institutions may be accredited on a national level, they may lack proper credential for careers in particular fields. Critics claim that for-profit colleges may be taking advantage of students who are not aware of the certifications they will need for future employment. Iowa Attorney General Tom Miller recently reached a $7.25 million settlement with a for-profit college that had been accused of leading students to believe that an online degree would allow them to become classroom teachers, but did not disclose that additional coursework would be necessary. [Zibel, A. (2014, May 26). “For-Profit Colleges Face Test from State, Federal Officials.” Wall Street Journal Online] We would be be pleased to investigate questions that you may have concerning marketing and advertising by for-profit colleges. Posted by McKean Evans, Esquire.
SETTLEMENT NEWS June 5, 2014 Settlement News – Settlement Reached in Kashi All Natural / Nothing Artificial Action CLICK HERE TO SUBMIT A CLAIM Feinstein Doyle Payne & Kravec, LLC, as co-lead class counsel with Faruqi & Faruqi LLP, announce the settlement news that they have obtained preliminary approval of a $5 million class action Settlement. The settlement is on behalf of California consumers who purchased certain Kashi food products listed below. This lawsuit began because of allegations that Kashi food products were falsely and misleadingly labeled, marketed and sold as being “All Natural” or containing “Nothing Artificial,” but contained certain challenged ingredients. Click here to review the Consolidated Amended Complaint detailing the allegations made in the case. If approved by the Court, the proposed settlement will result in cash refunds for California residents who purchased certain Kashi products between August 24, 2007 and May 1, 2014 in California who submit a valid claim form. Claims can be submitted online at http://www.naturalclasssettlement.com/claim through August 25, 2014. Further information about this settlement can be found in the Notice of Class Action Settlement, or by visiting www.NaturalClassSettlement.com, or by calling the Settlement Administrator at 1-844-322-8154. The Kashi products at issue in the Settlement are listed below: GoLean Chewy Chocolate Almond Toffee Protein & Fiber Bars GoLean Chewy Cookies and Cream Protein & Fiber Bars GoLean Chewy Malted Chocolate Crisp Protein & Fiber Bars GoLean Chocolate Malted Crisp Protein & Fiber Bars GoLean Chewy Oatmeal Raisin Cookie Protein & Fiber Bars GoLean Chewy Peanut Butter Chocolate Protein & Fiber Bars GoLean Chocolate Malted Crisp Protein & Fiber Bar GoLean Crunchy! Chocolate Almond Protein & Fiber Bars GoLean Crunchy! Chocolate Caramel Protein & Fiber Bars GoLean Crunchy! Chocolate Peanut Protein & Fiber Bars GoLean Crunchy! Chocolate Pretzel Protein & Fiber Bars GoLean Crunchy! Cinnamon Coffee Cake Protein & Fiber Bars GoLean Oatmeal Raisin Protein & Fiber Bar GoLean Peanut Butter & Chocolate Protein & Fiber Bar GoLean Roll! Caramel Peanut Protein & Fiber Bar GoLean Roll! Chocolate Peanut Protein & Fiber Bar GoLean Roll! Chocolate Turtle Protein & Fiber Bar GoLean Roll! Fudge Sundae Protein & Fiber Bar GoLean Roll! Oatmeal Walnut Protein & Fiber Bar TLC Baked Apple Spice Soft-Baked Snack Bars TLC Blackberry Graham Soft-Baked Snack Bars TLC Cherry Dark Chocolate Chewy Granola Bars TLC Cherry Vanilla Soft-Baked Snack Bars TLC Cranberry Walnut Fruit & Grain Bars TLC Cranberry Walnut Layered Granola Bars TLC Dark Chocolate Coconut Fruit & Grain Bars TLC Dark Chocolate Coconut Layered Granola Bar TLC Dark Mocha Almond Chewy Granola Bars TLC Honey Almond Flax Chewy Granola Bars TLC Honey Toasted 7 Grain Granola Bars TLC All Natural Chewy Granola Bar in Honey Toasted Kashi TLC Crunchy Granola Bar Honey Toasted 7 Grain TLC Peanut Peanut Butter Chewy Granola Bars TLC Peanutty Dark Chocolate Layered Granola Bar TLC Pumpkin Pie Fruit & Grain Bars TLC Pumpkin Pecan Layered Granola Bar TLC Pumpkin Pecan Fruit & Grain Bars TLC Pumpkin Spice Flax Crunchy Granola Bars TLC Raspberry Chocolate Fruit & Grain Bars TLC Raspberry Chocolate Layered Granola Bar TLC Ripe Strawberry Soft-Baked Snack Bars TLC Roasted Almond Crunch Crunchy Granola Bars TLC Trail Mix Chewy Granola Bars 7 Grain Waffles Blueberry Waffles GoLean Blueberry Waffles GoLean Strawberry Flax Waffles GoLean Original 7 Grain Waffles Berry Blossoms Squares Cereal GoLean Crisp Toasted Berry Crumble Cereal GoLean Crunch Cereal GoLean Crunch Honey Almond Flax Cereal Honey Sunshine Squares Cereal Cocoa Beach Granola Mountain Medley Granola Summer Berry Granola GoLean Chocolate Shake GoLean Vanilla Shake GoLean Creamy Instant Hot Cereal Truly Vanilla GoLean Hearty Instant Hot Cereal with Clusters Honey & Cinnamon TLC Country Cheddar Cheese Crackers TLC Honey Sesame Snack Crackers TLC Original 7 Grain with Sea Salt Pita Crisps Kashi Pita Crisps Zesty Salsa Kashi TLC Crackers Asiago Cheese Kashi TLC Crackers Toasted Asiago Kashi TLC Entertainer Cracker – Mediterranean Bruchetta Kashi TLC Crackers Party Mediterranean Bruschetta Kashi TLC Entertainer Cracker – Stoneground 7 Grain Kashi TLC Crackers Party Stoneground 7 Grain Kashi TLC Crackers Fire Roasted Vegetable Kashi TLC Entertainer Cracker – Garlic and Thyme Kashi TLC Entertainer Cracker – Stoneground 7 Grain Kashi TLC Entertainer Cracker – Original 7 Grain Kashi TLC Crackers Original 7 Grain Kashi TLC Crackers-Natural Ranch TLC Happy Trail Mix Chewy Cookies TLC Oatmeal Dark Chocolate Chewy Cookies TLC Oatmeal Raisin Flax Chewy Cookies Kashi Entrée Chicken Florentine Kashi Chicken Pasta Pomodoro Kashi Entrée Lemongrass Coconut Chicken Kashi Entrée Mayan Harvest Bake Kashi Entrée Pesto Pasta Primavera Kashi Entrée Southwest Style Chicken Kashi Entrée Spicy Black Bean Enchilada Kashi Tuscan Veggie Bake Kashi Pizza Caribbean Carnival Kashi Pizza 5 Cheese & Tomato Kashi Pizza Margherita Kashi Pizza Margherita – Thin Crust Kashi Pizza Margherita – Stone-Fired Thin Crust Tomato Garlic Cheese Stone-Fired Thin Crust Pizza Kashi Pizza Mexicali Black Bean Kashi Pizza Mushroom Trio & Spinach Kashi Pizza Mushroom Trio & Spinach – Thin Crust Kashi Pizza Basil Pesto Kashi Pizza Basil Pesto – Stone-Fired Thin Crust Kashi Pizza Roasted Garlic Chicken Kashi Pizza Roasted Vegetable Kashi Pizza Roasted Vegetable – Thin Crust Heart to Heart Honey Oat Waffles Heart to Heart Honey Toasted Oat Cereal Heart to Heart Instant Oatmeal Apple Cinnamon Heart to Heart Instant Oatmeal Golden Maple Heart to Heart Instant Oatmeal Raisin Spice Heart to Heart Oat Flakes & Blueberry Clusters Cereal Heart to Heart Blueberry Cereal Heart to Heart Roasted Garlic Whole Grain Crackers Heart to Heart Warm Cinnamon Oat Cereal Heart to Heart Original Whole Grain Crackers
Food Mislabeling – Kashi Company December 4, 2012 Feinstein Doyle Payne & Kravec, LLC was appointed as Interim Co-Lead Counsel in a food mislabeling case representing a proposed nationwide class of persons who purchased Kashi products claiming to be “All Natural” or containing “Nothing Artificial.” The lawsuit, filed in the United States District court for the Southern District of California, alleges that since at least 2007 Kashi clearly labeled its products as being “All Natural” or containing “Nothing Artificial,” cultivating a wholesome and healthful image in an effort to promote sales, yet federal regulations identify a number of those ingredients as synthetic or as otherwise not existing in nature. In its July 16, 2012 Order sustaining the plaintiffs’ consumer fraud claims, the District Court noted the plaintiffs’ allegations “that reasonable consumers understand ‘All Natural’ and ‘Nothing Artificial’ to mean that no synthetic or artificial ingredients are included, that reasonable consumers lack the means to verify the truthfulness of those claims, and that, after relying on the labels, a reasonable consumer would not expect any artificial or synthetic ingredients in Kashi Company’s products.” Similarly, in sustaining the plaintiffs’ breach of warranty claims, the District Court noted the Complaint’s allegations that Kashi’s “All Natural” and “Nothing Artificial” claims “are not puffery and constitute affirmations of fact made by [Kashi],” and that these statements “became part of the basis of the bargain because one of the statements was on every product label and appeared in numerous advertisements, that Plaintiffs purchased the products believing that they conformed to the statements, [and] that [Kashi] breached the warranties by failing to supply the products that were free of synthetic or artificial ingredients.” The Complaint asserts claims on behalf of a nationwide class of consumers who purchased Kashi’s “All Natural” and “Nothing Artificial” products, seeking injunctive and declaratory relief to stop Kashi from labeling its products as “All Natural” and “Nothing Artificial” when they contain artificial and/or synthetic ingredients, and to recover damages and/or restitution for any wrongful conduct. For more information, please contact Attorney Joe Kravec. To review additional cases regarding foods labeled as “All Natural” or “100% Natural” click here: Trader Joe’s
Food Mislabeling – Trader Joe’s Food Mislabeling – Trader Joe’s Feinstein Doyle Payne & Kravec, LLC represents a proposed nationwide class of consumers in a food mislabeling case who purchased Trader Joe’s food products that it marketed as “All Natural” or “100% Natural.” The lawsuit, filed in the United States District Court for the Northern District of California, alleges that since October 24, 2007, Trader Joe’s labeled various products as being “All Natural” or “100% Natural,” yet federal regulations identify a number of those ingredients as synthetic or otherwise not existing in nature. As noted by the Court in its June 14, 2012 Order partially rejecting Trader Joe’s Motion to Dismiss, the Second Amended Complaint alleges that Trader Joe’s products were mislabeled because “each of these products contains one or more [] synthetic ingredients” as defined by the FDA, and “that Trader Joe’s profited unfairly by marketing and selling these ‘All Natural’ products to health-conscious consumers at a premium.” Based on these allegations, the Second Amended Complaint seeks to enjoin Trader Joe’s from labeling its products “All Natural” or “100% Natural” when they contain non-natural ingredients, and to recover damages and/or restitution for any wrongful conduct. Please contact Attorney Joe Kravec for further information.
EAppraiseIT – Spears, et al. v. Washington Mutual, Inc. and EAppraiseIT October 15, 2012 Feinstein Doyle Payne & Kravec, LLC represents a nationwide class of consumers who paid for appraisals provided by First American eAppraiseIT (n/k/a CoreLogic, Inc.) in relation to Washington Mutual home loans. Joe Kravec was appointed Co-Lead Counsel for a nationwide certified class of consumers who, after June 1, 2006, received appraisals obtained through eAppraiseIT in connection with home loans from Washington Mutual Bank, FA (“WMB”) for violation of the anti-kickback provision of the Real Estate Settlement Practices Act (“RESPA”), 12 U.S.C. § 2607(a). In its April 25, 2012 Order certifying the nationwide Class, the Court recognized that it previously sustained the action based on the plaintiffs’ theory that, “pursuant to an agreement, [eAppraiseIT] gave and WMB accepted inflated appraisals in exchange for WMB referring appraisal business to [eAppraiseIT]” in violation of RESPA § 8(a). In certifying the nationwide Class, the Court found that “plaintiffs have alleged a single, overriding agreement and shown that some amount of common evidence exists from which a conspiracy could be inferred…. In addition, the mere fact that the relationship between [eAppraiseIT] and WMB was contentious does not demonstrate that they did not conspire to inflate appraisal values, and even if EA implemented policies designed to inflate appraisal values only in response to pressure from WMB, that may still constitute an agreement or understanding in violation of RESPA.” According to the April 13, 2011 United States Senate Majority and Minority Staff Report, “Wall Street and the Financial Crisis: Anatomy of a Financial Collapse,” eAppraiseIT’s agreement to provide falsely inflated appraisals to WMB in exchange for WMB’s appraisal business was one of the schemes underlying the sub-prime mortgage crisis. Notice of the Court’s certification of the action was sent to Class members on August 13, 2012, and the trial is currently schedule to begin on June 23, 2014. For more information, contact Attorney Joe Kravec.
