News in Brief September 8 – Subway, Sam's Club and More

Lawsuit Against Sam’s Club Dismissed

On Wednesday, a federal judge in South Carolina dismissed a proposed class action against Sam’s Club that alleged the company failed to provide customers with a 200 percent refund on returned food. The issue? The judge said that the law the case was filed under – South Carolina’s Unfair Trade Practices Act – doesn’t allow for consumers to pursue class action claims. Well, that’ll do it. Under state law, consumers must pursue their claims individually, according to the judge.

More “Organic” Products Under Fire

Parents who used Babyganics sunscreen, baby care and cleaning products are double checking their cabinets today. On Wednesday, the manufacturer was hit with a class action that says it wrongfully advertised its products as organic and, in turn, misled the people buying them. The suits says that the products contain synthetic ingredients (such as butylene glycol) that, by law, can’t be found in items marketed as “organic.” The lawsuit hopes to cover all consumers in the United States who bought the products in question.

Subway, T-Mobile in Trouble Over Text Messages

Subway and T-Mobile have been hit with a class action lawsuit that says the companies violated the Telephone Consumer Protection Act when they sent out a mass text message to T-Mobile users. (The text message offered a free sub, exclusively for T-Mobile customers, in case you were wondering.) The suit says that the messages were sent using an autodialer and constituted spam that T-Mobile users never signed up to receive.

Bass Shoe Shoppers Sue Over Sales Prices

Say that ten times fast. It may feel like déjà vu, but yet another outlet store is under fire for its “sales” prices. According to latest suit, G.H. Bass & Co. misled shoppers by advertising items in its outlet stores alongside “original” or “compare at” prices, leading consumers to believe they were receiving major discounts. The problem? The items were never sold at these “original” prices – or even in the regular Bass retail stores.

Verizon Violates TCPA by Robocalling Consumers, Suit Says

Verizon Wireless was hit with a lawsuit on Tuesday alleging the company violated the Telephone Consumer Protection Act by robocalling thousands of people. The plaintiff says her phone number has been on the “Do Not Call” list for more than a decade – but that this did not stop Verizon from placing unwanted calls to her cell phone. The suit, which was filed in California, seeks to cover consumers countrywide via two separate classes.