Class Action Roundup – October 7

Customers May Not Be Able to Sue Wells Fargo Over Phony Accounts

It appears that the group of people who could benefit the most from a class action in the wake of the Wells Fargo phony accounts debacle may have to look elsewhere. Many Wells Fargo customers affected by the recent scandal may not be able to seek damages through a class action lawsuit due to arbitration clauses included in the fine contractual print for checking accounts, credit cards and other products. Despite this seemingly insurmountable setback, however, there still may be some hope. Senators in Washington continue to press Wells Fargo CEO John Stumpf on whether the bank will consider waiving its arbitration clauses, with Sen. Sherrod Brown, D-Ohio, saying, “If Wells Fargo were serious about making its customers whole, then it would allow the people who were cheated to have their day in court.”

Read more about the plight of Wells Fargo customers by checking out Renae Merle’s article over at the Chicago Tribune.

Lawsuit Says Live Nation Falsely Advertised Jones Beach Theater Ticket Prices

A class action lawsuit filed by a Long Island man against Live Nation says the event ticket broker falsely advertised on its website the cost of a ticket to a Rascal Flatts concert at the Jones Beach Theater. The suit approximates that more than 60,000 concert attendees fell victim to Live Nation “advertising one price for a ticket and then charging a higher price when people arrive at the box office.” Specifically, the case says Live Nation advertised tickets to the show as $49.50 each, a price that jumped to $55.50 thanks to surcharges, the plaintiff claims, once he picked up his tickets at the Jones Theater Box Office.

Whether you frequent concerts or not, head over to the Daily News’ website and read more from John Marzulli.

American Airlines Sued Over Deceptive Travel Insurance Marketing

A proposed class action against American Airlines claims the company misled customers about its stake in travel insurance that is “aggressively” marketed on its website. Filed in Miami federal court, the suit says American Airlines markets travel insurance online as a pass-through cost—i.e. a cost the customer pays due to an increase in the company’s operating costs—paid to a third party. What American Airlines does not disclose, the plaintiff says, is that it receives a piece of the action from the third-party insurer for every policy sold online.

“American [Airlines] aggressively markets these trip insurance policies to customers, while concealing their profit interest in the sale of the product,” court documents say, adding that when buying plane tickets, customers are unable to proceed with their purchase until they address whether they’d like to buy travel insurance. The suit seeks damages based on the alleged insurance profits American Airlines made from September 2012 through September 2016.

Read more from Jeff Edwards' piece over at the Flyertalk.

Class Actions Give Consumers Options with Problematic Front-Loading Washers

Thanks to a bevy of class action lawsuits, owners of certain defective, mold-prone front-loading washing machines have options to recover compensation for damages. For example, consumers affected by a class action filed over LG front-load washers that had a tendency to grow mold and who purchased one of the machines between 2002 and 2006 might be entitled to a piece of the settlement or a rebate on a new washer. Consumers involved in a suit over Whirlpool, Maytag and Kenmore washing machines made between 2001 and 2010 might qualify for similar compensation.

Learn more over at WRAL.com.

Class Action Over MyFord Touch Woes to Proceed in Nine States

A class action filed over allegedly “defective and dangerous” MyFord Touch and MyLincoln Touch “infotainment” systems in certain vehicles has been certified in nine states, with plaintiffs’ attorneys hoping to see more added. According to the suit, consumers in California, Colorado, Massachusetts, New Jersey, North Carolina, Ohio, Texas, Virginia and Washington allege the touchscreen systems in certain Ford and Lincoln vehicles can crash or freeze while driving, as well as provide incorrect GPS directions, among other glitches. Filed in 2013, the suit claims Ford knew about the touch systems’ problems before the vehicles hit the market and failed to fix the problem despite releasing software updates.

Read Marcy Kreiter’s roundup of the suit over at the International Business Times.

NCAA Staring Down 40+ Concussion Class Actions

A report from the Associated Press published on ESPN.com says the NCAA, the governing body of college athletics, is facing 43 class action lawsuits related to concussions sustained by players in Division I football programs. Some of the suits, the AP said, also name some specific conferences and schools as defendants alongside the NCAA. Like those that came before, the latest lawsuits, filed this week, seek damages for players who sustained concussions while playing college football.

Read more over on ESPN.