News in Brief August 26 – J.C. Penny, Amazon and More

M&M’s Jewelry Recalled Over Lead Risk

Mars Retail Group is recalling more than 52,000 earrings, necklaces, bracelets and rings sold between May 2015 and July 2016 over concerns that the accessories may contain excessive levels of lead. The Consumer Product Safety Commission said that, while no injuries have been reported, parents should keep the jewelry out of their children’s reach and contact M&M’s World or visit the company’s area stores to receive a full refund. You can read the CPSC’s notice here.

Consumers Win Final Approval in Cell Phone Data Litigation

It’s finally over. What’s that I’m referring to? A multidistrict litigation (MDL) alleging that a number of cell phone makers, including HTC and Samsung, illegally collected data from cell phone users. After nearly four years of litigation, the case met its end when a California judge gave final approval to a $9 million settlement. Under the settlement, more than 40,000 consumers are expected to be awarded approximately $149 each.

J.C. Penny’s $50M “Phantom” Discount Settlement Given Final Approval

Cell phone users aren’t the only ones celebrating this week. Consumers who shop at J.C. Penny also won final approval of a $50 million settlement that will resolve claims the retailer duped shoppers into thinking they were getting better deals than they actually were. According to the suit, J.C. Penny listed fake “original” prices next to sale prices, indicating steep discounts on its merchandise. The settlement, which could potentially cover 11 million shoppers, is expected to award about $25 per person.

Benecard Data Breach Suit Meets Its End

Benecard customers and employees who had their information stolen in a 2015 data breach watched their suit against the prescription benefit facilitator meet its end this week. A federal judge in Pennsylvania found that a state law bars negligence suits in which alleged economic damages are not connected to physical harm or property damage. The suit alleged that the information stolen in the breach was used to file fake tax returns.

2^nd Circuit Says Amazon’s Order Page Is Confusing, Revives Diet Pill Suit

Would you call Amazon’s order page confusing? If you said no, you’re probably right. However, did you know that by purchasing something on the site, you’re agreeing to certain terms and conditions? Maybe not. And that’s exactly what the Second Circuit said when it ruled that Amazon can’t easily prove consumers are aware that they’re agreeing, for instance, to handle any legal claims through arbitration when ordering something on the site. The suit, which has now been revived after a previous dismissal, was filed by a man who purchased diet pills from a third-party seller – diet pills that allegedly contained a stimulant only available by prescription.

Herr Foods, Delivery Drivers Reach $2M Settlement

Herr Foods. Inc. has agreed to shell out $2 million to resolve claims that the potato chip maker failed to pay its delivery drivers overtime. The suit, filed in Pennsylvania, also alleged that the company broke state wage laws when it made certain deductions from drivers’ paychecks. The workers, who were referred to as “route sales representatives,” were allegedly paid a salary plus commission based on how much they could sell to retailers on the road.