Class Action Roundup – December 1, 2016

Yuge $25 Million Settlement Approved in Trump University Fraud Class Action

Though it’s by no means the end of his legal problems, President-Elect Trump can now wipe at least one lawsuit off his litigatory to-do list.

A $25 million settlement deal handed down November 18 will put to rest a class action that claimed a business program offered by “Trump University” was fraudulent and falsely advertised. Perhaps worse, the lawsuit also claimed Trump University violated financial elder abuse laws by intentionally targeting senior citizens with its allegedly fraudulent practices.

Though the settlement came unexpected to many, no one was perhaps more surprised by the deal than New York Attorney General Eric Schneiderman, who in a statement referred to the $25 million agreement as a “stunning reversal.” The president-elect said on record numerous times that he isn’t in the habit of settling cases when he thinks he’s in the right and that he would not be settling this particular lawsuit “out of principal.”

According to Attorney General Schneiderman, 6,000 “victims of [Trump’s] fraudulent university” will be entitled to a piece of the settlement.

We know, we know. You’re inundated with Trump news 24/7 and it won’t subside any time soon. But, if you’re so inclined, please check out more on this settlement with Jason Abbruzzese’s roundup over on Mashable.com.

Hey, Facebook Users: Your Settlement Check Is in The Mail (And Yes, It’s Legit)

After more than two years of deliberation and a $20 million settlement that was approved back in August 2013, Facebook members who joined a class action against the company over the allegedly unauthorized use of its users’ (or their children’s) names and faces in sponsored story ads have begun receiving settlement checks. The $15 payouts started going out to class members in mid-November.

The five named plaintiffs behind the April 2011 suit claimed Facebook used the names and photos of some of its 1.8 billion users and/or their children in “Sponsored Story” ads without permission, violating federal and California law in the process.

A strange wrinkle in the Facebook sponsored story saga is that many class members seem to not believe that the settlement checks they’ve received are legitimate. As Danielle Abreu tells us in her story on the settlement over at NBC New York, the checks Facebook users are receiving are very real and very cashable.

Learn more about the settlement on its official website here. (Feel free to share this on Facebook while you’re at it.)

Hershey’s: Class Action Lawsuit Over Contents in Candy Bags Is “Meritless”

There’s no way that this kiss is on Hershey’s list.

After a false advertising class action was filed against Hershey’s back in September, a spokeswoman for the confectionary king has publicly called the suit over just how much candy comes in the company’s 12-ounce bags of Kisses “meritless.”

The plaintiff’s suit claims Hersey’s falsely advertises exactly how much candy comes in 12-ounce bags of certain varieties of Kisses. Some bags of Kisses, the lawsuit argues, contain less than 12 ounces of candy, but are still sold for the same price as standard 12-ounce bags of Kisses, a violation of New York consumer protection law.

Hershey’s, however, is fighting these claims, saying the labeling on bags of Kisses “clearly and accurately states the weight of the product in the package for consumers to read at the time of purchase.”

Read more from freelancer Dee Thompson’s write up over at Forbes.

Wells Fargo Digs In, Will Fight Fake Accounts Class Action

Don’t let the overtly friendly television ads fool you. Wells Fargo is still a near-indestructible financial institution with pockets as deep as the Grand Canyon. And, if recent reports are accurate, it intends on flexing its litigatory muscle to fight a class action filed over its fake account scandal.

The ace that Wells Fargo is trying to pull from its sleeve to stop the bleeding in the wake of its phony accounts scandal appears to be the arbitration clauses signed by customers that essentially force them to resolve legal claims out of court. What could be worrisome to potential class members is that this tactic may work for Wells Fargo, since many individuals who had accounts opened in their name without their permission were already customers who had signed arbitration agreements.

Even after pledging to “make things right,” Wells Fargo has not wavered in its belief that its use of binding arbitration clauses is fair and what’s best for everyone involved.

Dig deeper into the Wells Fargo fake accounts catastrophe with Matt Egan’s piece over at CNN Money.

Zillow Shuts Down FLSA Class Action with $6 Million Settlement

A $6 million settlement has been reached in a two-year-old class action against Zillow filed over allegations that the real estate company violated labor laws by denying certain sales associates overtime pay, meal and rest breaks, and accurate wage statements.

Filed in November 2014, the lawsuit claimed Zillow “engaged in an illegal design to circumvent federal and state laws” in an effort to exploit and intimidate its workers. As part of the monetary settlement, Zillow said it will “establish and maintain certain procedures to promote future compliance with the FLSA.”

Zillow has spent a good amount of 2016 throwing money at its legal woes. In May, Zillow reportedly settled four lawsuits accusing the company of discrimination and harassment, a deal that was followed by a $130 million settlement in June to end litigation over trade secrets.

Learn more from Caroline Feeney’s comprehensive article at Inman.com.