Cases Under Investigation

Companies Employing Telemarketing in Violation of the Do Not Call Registry

Wed, 16 May 2012 17:13:00 GMT

The Do Not Call Registry, managed by the Federal Trade Commission (FTC), the nation's consumer protection agency, offers registration for consumers to stop for-profit commercial telemarketers from calling. Registration does not expire; telephone numbers placed on the National Do Not Call Registry will remain on it permanently due to the Do-Not-Call Improvement Act of 2007, which became law in February 2008.

Progressive Auto Insurance and other large for-profit companies are violating the Do Not Call law by continuing to call consumers who have had their phone numbers registered with the Do Not Call Registry for over 31 days. If you received an unwanted call after your number was on the National Registry for 31 days, or if you received a call that used a recorded message instead of a live person (whether or not your number was on the Registry), please contact the law firm of Arias Ozzello & Gignac LLP to discuss your legal options.

Federal Judge Splits up Age Discrimination Lawsuit against Law Colleges

Sat, 25 Feb 2012 19:46:00 GMT

Since the recession hit, California employment lawyers have noticed an increase in the number of age discrimination lawsuit filings, especially in Silicon Valley’s tech industry. It appears the recession hasn’t left law schools untouched either. A federal court has split an age discrimination lawsuit filed against six law colleges, and four of the claims have been sent to courts in their home districts.

The age discrimination lawsuit had been filed last July by the former state Attorney General of North Dakota. According to the lawsuit, the six law schools violated the provisions of the Age Discrimination in Employment Act by not offering the plaintiff teaching positions. The law colleges include the University Of California Hastings College of the Law, the Michigan State University College of Law, University of Missouri School of Law, University of Iowa College of Law, University Of Maryland and Georgetown University.

In his lawsuit, the state attorney general alleges that these law schools passed him over for a teaching position when he applied at these colleges, because of his age. He is currently 63 years old. According to the lawsuit, none of these schools gave him a chance for an interview during a job fair in Washington. The lawsuit claims that he is much better qualified than the individuals who were finally hired for these positions. According to his counsel, he is a ‘highly trained practitioner’ and a ‘superb teacher.’

He is now calling for a court order which would direct each of the law schools mentioned in the lawsuit to offer him a tenure-track teaching position. The lawsuit is also seeking compensation for future lost wages and other damages.

The law schools asked for the lawsuits to be sent to courts in their home districts, and the judge has now agreed. The lawsuits against Michigan State University College of Law, the University of Missouri School of Law, University Of California Hastings College of the Law and University of Iowa College of Law, have now been sent to courts in their home states.

J2 Global Communications Fails To Notify JConnect Premier Customers That Voicemail Retrieval Service Is No Longer Provided

Thu, 23 Feb 2012 00:06:00 GMT

Investigation has found that J2 Global Communications, Inc., recently stopped offering voicemail retrieval services to its JConnect Premier customers without any notification, even though the JConnect Premier service includes voicemail retrieval services. The voicemail retrieval services allow retrieval of voicemail through email and retrieval of emails by calling toll-free numbers. J2 Global Communications continues to charge its JConnect Premier customers the yearly $165 fee. If you or anyone you know is a JConnect Premier customer, please contact us to discuss your legal options.

Consumer Group Calls for Recall of Surgical Mesh

Thu, 01 Sep 2011 05:30:00 GMT

Consumer safety group Public Citizen has petitioned the Food and Drug Administration to recall vaginal mesh surgical products like the Bard Avaulta, because of the high risks that these pose to patients and the potential for long-term life altering injuries. According to the petition, the use of the surgical mesh products is very often physically and psychologically devastating for women, who may not even be aware that they have other choices besides the mesh.

Surgical mesh products like Bard Avaulta are typically used to treat pelvic organ prolapse in women. Pelvic organ prolapse is a condition that develops after childbirth. Organs like the bladder and the uterus shift out of position, and protrude through the body. A surgical mesh product like the Bard Avaulta is implanted to keep the organs in place.

Apart from Bard Avaulta, which is manufactured by C.R. Bard Inc., surgical mesh products are also manufactured by Cook Medical, Ethicon, which is a division of Johnson & Johnson and Covidien PLC.

In October 2008, the Food and Drug Administration warned about specific dangers from the use of the surgical mesh products. The agency has received more than 1,000 complaints of adverse events, and companies like C.R. Bard Inc. have been slapped with product liability lawsuits.

Some of the injuries that women have reported include chronic and acute pain, incontinence, and recurrence of the prolapse. Women have also suffered from infections, inflammation, and formation of abscesses. Many of the women have reported pain during sexual intercourse. The use of surgical mesh has also been linked to the shrinkage of tissues. In some patients, the injuries have been so severe that patients have required blood transfusions and even additional surgeries.

Los Angeles Bard Avaulta lawyers find the worst part about these injuries is that they're so preventable. Experts have since found that many cases of pelvic organ prolapse can be treated without implantation of surgical mesh devices. However in 2003, a study found that every year approximately 200,000 surgeries to implant mesh products are performed in the United States.

NYT Analysis Indicates Increase in Hip Implant Complaints

Thu, 01 Sep 2011 03:52:00 GMT

An analysis of a federal hip implant complaint database by the New York Times indicates that there has been a surge in the number of complaints related to hip implant devices like DePuy’s ASR devices and Zimmer’s Durom cup.

The analysis also shows an increase in the number of metal-on-metal hip implant complaints. According to the New York Times analysis, the agency has received about 5,000 complaints related to metal-on-metal implants manufactured by DePuy since January this year alone. The analysis found a total of 7,500 complaints regarding these devices. The analysis also found about 1,500 complaints regarding the Durom cup between 2007 and June 2011.

However, it is difficult to say exactly how many complaints involve all-metal implants, because complaint reports were not filed a standardized manner.
The New York Times analysis comes even as hip implant manufacturers like DePuy, Zimmer and Wright Medical lay the groundwork for studies on the safety of these devices. The Food and Drug Administration ordered these companies to study the safety of hip implants, after a wave of complaints and recalls of defective hip implants. The companies have recently been in touch with health providers like Kaiser Permanente and hospitals that have their own patient registries, to recruit patients for the studies. These companies have already presented their proposed plans for the studies to the Food and Drug Administration, which will decide on the effectiveness of these proposed studies by November.

California hip implant recall lawyers would like the studies to recommend systems to measure the amount of metallic ions from these devices that are leaked into the bloodstream, and ways to measure the extent of bone loss from the use of these implants.

The Food and Drug Administration is right to worry about all-metal hip implant devices. The agency believes that these devices are the biggest medical implant-related issue the Food and Drug Administration and California product liability lawyers have faced since Medtronic's cardiac implant device problems a few years ago.

LG LHB 975 Home Theater System May Contain Defects

Wed, 10 Aug 2011 23:15:00 GMT

Investigation has found that LG’s Home Theater System (model number LHB 975) may contain a defect in the wireless subwoofer and/or rear speakers. Many consumers have complained that their Home Theater Systems continued to have the same issues, even after sending them to LG for repair. If you or someone you know has purchased the LG LHB 975 Home Theater System and experienced similar issues, please contact us to discuss your legal options.

Serious, life-threatening birth defects linked to Zoloft and SSRI antidepressants taken during pregnancy

Fri, 10 Jun 2011 19:11:00 GMT

A 2007 study published by The New England Journal of Medicine found that pregnant women who took Zoloft or other SSRI antidepressants containing sertraline had twice the risk of having a newborn with congenital heart and lung defects, such as persistent pulmonary hypertension (PPHN), and other malformations and birth defects, such as cleft lip and clubfoot. The U.S. Food & Drug Administration (FDA) published a Public Health Advisory in 2006 and produced this news video warning patients and physicians of serious, life-threatening birth defects linked to SSRI antidepressants.

Defective drug attorneys considering a potential lawsuit allege that maker Pfizer failed to adequately warn of the serious side effects of taking Zoloft while pregnant. If you or someone you know has been affected by taking Zoloft during pregnancy, please contact one of our class action attorneys to discuss your legal options.

City National Bank May Be Charging Excessive Overdraft Fees

Fri, 13 May 2011 23:35:00 GMT

AOG is investigating whether City National Bank engages in an unlawful practice of reordering its customers' deposits, checks and debit card transactions in order to maximimze the overdraft fees charged to its customers. By manipulating the order of these transactions, a bank can convert what should be one overdraft fee into multiple overdraft fees.

If you are a current or former customer of City National Bank and believe that you have experienced reordering of the transactions on your account in a way that has resulted in multiple overdraft fees being charged to you, please contact us to discuss your legal options.

Consolidated Smart Systems Targets Apartment Residents Who Purchase DirecTV Service With Unauthorized Charges

Mon, 28 Mar 2011 21:02:00 GMT

Investigation has found that Consolidated Smart Systems, a third-party dealer of DirecTV that contracts with multiple dwelling units (e.g., apartment buildings), takes advantage of residents who are “stuck” with Consolidated by: (a) charging for services that DirecTV advertises as free (for instance, charging for installation of DirecTV even though DirecTV advertises free installation), (b) charging unauthorized fees without adequate disclosure, and (c) continuing to charge for services even after residents have moved out of the apartment building. Residents of these multiple dwelling units are, therefore, forced to pay Consolidated in addition to paying DirecTV for DirecTV’s services.

If you or someone you know has been charged by Consolidated for unauthorized fees, contact us to discuss your legal options.

Microsoft Requires Consumers To Purchase License For Windows Vista Or Windows 7 In Order To Purchase License For Windows XP Professional

Tue, 22 Mar 2011 20:47:00 GMT

Investigation has found that Microsoft mandates consumers who have purchased PCs after June 30, 2008 but want to use Windows XP Professional on these PCs must first purchase PCs with licenses to certain editions of Windows Vista or Windows 7 in order to obtain “downgrade rights” to purchase Windows XP Professional. These consumers are therefore required to purchase two operating systems when they only have use or need for one: Windows XP Professional.

If you or someone you know has purchased a PC with a license to either Windows Vista or Windows 7 in order to be able to use Windows XP Professional on that PC, please contact us to discuss your legal options.

Skype Mobile App Causes Some Verizon Users to be Charged at International Rates

Wed, 05 Jan 2011 01:44:00 GMT

Investigation has found that when an individual places an international phone call using the Skype mobile app on a Verizon data-capable phone, such as the Droid, the call will sometimes be logged as a Verizon outgoing call and the individual will be charged Verizon’s per-minute rates for international calls. The difference in rates per minute is significant because an international call made with Skype credit can cost 2 cents per minute, but can cost more than $1.50 per minute with Verizon.

If you or someone you know has been charged by Verizon for outbound international calls made with the Skype mobile app using Skype purchased credit, contact us to discuss your legal options.

Talk America Violates Federal Law by Using Unfair, Deceptive and Misleading Practices

Fri, 02 Apr 2010 22:49:00 GMT

Douglas is a class action for violations of federal law, California state law and common law arising out of the unfair, deceptive and misleading practices engaged in by Talk America, Inc. in assessing its customers undisclosed, inadequately disclosed and/or unauthorized monthly charges on their long distance telephone bills. Specifically, plaintiff challenges three fees which were listed on Talk America’s customers’ bills as: (1) “Inter-LATA Direct Dial Fee”; (2) “Monthly Billing Fee”; and (3) “TSR Administration Fee.” None of these three fees were authorized by Talk America’s customers, and none of these fees complies with the requirement that bill descriptions “convey enough information to enable a customer reasonably to identify and to understand the service for which the customer is being charged.”

If you have been affected by the unauthorized billing process of Talk America call us at 800-475-2570.

Camp Lejeune Water Contamination Causes Cancer and Other Health Problems

Fri, 02 Apr 2010 22:37:00 GMT

Investigations have found that two different water distribution facilities at Camp Lejeune were contaminated between 1957 and 1987. Each system had several toxic chemicals including volatile organic compounds like PCE, TCE, DCE, BTEX and Xylene. The effects of these carcinogens can cause many different types of cancer, birth defects, liver disease and more.

If you or someone you know has been affected by the contaminated water at Camp Lejeune contact us to discuss your legal options.

Click here for more information on the contaminated water at Camp Lejeune.