News in Brief August 1 – Pokémon Go, Macy's and More
by Ty Armstrong
Last Updated on June 26, 2017
Pokémon Go, Meet Class Action Litigation
It was only a matter of time before the wildly popular mobile game Pokémon Go broke into the class action scene. New Jersey resident Jeffrey Marder has filed a proposed class action against the companies behind the game, claiming that the placement of certain gyms and PokéStops (which are bound to attract droves of aspiring Pokémon Masters) violates property owners’ right to use and enjoy their land. Essentially, the complaint is saying that Niantic Inc., The Pokémon Company and Nintendo are violating the rights of property owners by using GPS coordinates to attract trainers onto or near private property without consent of the owners. If the case moves forward in favor of the property owners, Niantic may have to move some gyms around, sending Trainers elsewhere to claim that gym for Team Valor.
Macy’s Unpaid Time Lawsuit Sent to Arbitration
A proposed class action claiming that Macy’s illegally failed to pay employees for the time they spent taking part in mandatory bag checks was sent to arbitration on Thursday. The reason? Judge Lucy Koh found that the employees had agreed upon hire to settle any potential legal disputes through arbitration and not through class action lawsuits. You can learn more about mandatory arbitration and how it’s affecting consumers’ rights here.
Williams Sonoma “On Call” Suit Dismissed
On Friday, Williams Sonoma escaped a putative class action claiming that its “on call” shift policy is illegal. Judge John Shepard Wiley dismissed the case when he found that the lead plaintiff was a class member in another wage and hour lawsuit that Williams Sonoma agreed to settle – and because of that, she lacked the right to file another wage violation suit.
Life360 Avoids Lawsuit Over App Invites
On Thursday, the mobile app company Life360 avoided a putative class action claiming that it violated the Telephone Consumer Protection Act by sending unsolicited texts. The texts in question were actually invitations to start using Life360’s app – which were sent by current app users looking to see if their friends wanted to join. The case was dismissed when Judge Thelton Henderson found that, according to the TCPA, the people who sent the messages to their friends are the originators (or “makers of the call” in TCPA terms) and that Life360 can’t be held accountable for the messages.
AmeriPark Valet Tip Lawsuit Tip Suit Dismissed
A proposed class action claiming that AmeriPark withheld tips from its valets has been dismissed. Judge William S. Duffey found that the law doesn’t require that employees keep all of their tips if they are being paid the minimum wage – despite of a Department of Labor regulation saying that all tipped employees get to keep the entirety of their tips. Duffey maintained his decision, saying that the DOL regulation is flawed and meant to protect workers who earn less than the minimum wage without tips.
Nurses Sue Dallas Hospitals for Back Pay
Methodist Hospitals of Dallas has been hit with a lawsuit claiming that the hospital system refuses to pay its nurses for meal breaks – even when the nurses don’t take them. According to the suit, Methodist Hospitals of Dallas violated the Fair Labor Standards Act when it started using a pay system that automatically deducted half an hour from nurses’ shifts regardless of whether the time was spent working. The lawsuit is looking to recover compensation for nearly 1,000 nurses who were allegedly shorted on pay.
Video Game Addiction Lawsuits
If your child suffers from video game addiction — including Fortnite addiction or Roblox addiction — you may be able to take legal action. Gamers 18 to 22 may also qualify.
Learn more:Video Game Addiction Lawsuit
Depo-Provera Lawsuits
Anyone who received Depo-Provera or Depo-Provera SubQ injections and has been diagnosed with meningioma, a type of brain tumor, may be able to take legal action.
Read more: Depo-Provera Lawsuit
How Do I Join a Class Action Lawsuit?
Did you know there's usually nothing you need to do to join, sign up for, or add your name to new class action lawsuits when they're initially filed?
Read more here: How Do I Join a Class Action Lawsuit?
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