Apr 27, 2020 | Consumer Protection, Employment & Technology Archive
Telephone Consumer Protection Act Class Action Filed Against Allergan Related to Botox Advertising Text Messages
Kehoe Law Firm, P.C. is making consumers aware that on April 24, 2020, a class action lawsuit alleging violations of the Telephone Consumer Protection Act was filed against Allergan, Inc. in United States District Court, Central District of California.
The complaint alleges that Plaintiff, after seeing a Botox commercial, texted “SAVE” to short code 27747 “solely to confirm his eligibility for discounted or free pharmaceuticals.” In response to Plaintiff’s “SAVE” text message, Defendant Allergan, allegedly, sent the following two text messages to Plaintiff’s cell phone number from short code 64600:
Hello, please note that Allergan has an additional California Privacy Policy that you can view at www.allergan.com/privacy/ccpa
***
Are you eligible for the BOTOX¿ Saving Program? You’ll get 4 questions to answer via text. Terms & Conditions: bit.ly/2RvxiWr Msg & data rate may apply. STOP to end. HELP for help. See full Product Information, including Boxed Warning: bit.ly/2RKyxW4
(Q1 of 4) Do you have commercial health insurance or commercial prescription drug insurance? Reply YES or NO.
The Plaintiff, according to the complaint, never responded to Allergan’s text messages, and Defendant sent the following additional text message advertisement to Plaintiff’s cell phone:
Are you still interested in BOTOX¿ Savings Program? Reply YES to continue enrollment, STOP to end. See full Product Information, including Boxed Warning: bit:ly/2RKyxW4
Allergan’s commercial, according to the complaint, did not inform the Plaintiff that Plaintiff was authorizing Allergan to send him text messages using an Automatic Telephone Dialing System, and “[t]he source of each of the unsolicited SMS text messages sent by Defendant to the [Plaintiff’s] number was 27747, which is an SMS short code owned or leased by or on behalf of Defendant, and is used to operate Defendant’s text message campaign, including the sending of SMS text messages telemarketing and advertising various of Defendant’s goods and services such as Botox.”
Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?
If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.
To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.
Apr 27, 2020 | Consumer Protection, Employment & Technology Archive
Subaru Recalls Approximately 200,000 Subaru Vehicles With Defective Low-Pressure Denso Fuel Pumps – “Dangerous Defect” In Low-Pressure Fuel Pump Can Cause Engine Stalling, Increasing Crash Risk
Kehoe Law Firm, P.C. is making consumers aware that on April 23, 2020, a class action lawsuit was filed in United States District Court, Northern District of Alabama, against Subaru of America, Inc., Subaru Corporation (collectively, “Subaru”) and Denso Corporation and Denso International America, Inc. (collectively, “Denso”).
Subaru Submits Part 573 Safety Recall Report Recalling Certain Model Year 2019 Subaru Ascent, Impreza, Legacy, and Outback Vehicles
According to the class action complaint, Subaru, in the Part 573 Safety Recall Report,
. . . identified a dangerous defect in the low-pressure fuel pump which can fail and cause the [r]ecalled [v]ehicles to unexpectedly stall and cause engine shut down:
The affected vehicles may be equipped with a low pressure fuel pump produced during a specific timeframe that may include an impeller which has been manufactured with a lower density. If the surface of the lower density impeller is exposed to solvent drying for longer periods of time, it may develop fine cracks. These cracks may lead to excessive fuel absorption, resulting in impeller deformation. Over time, the impeller may become deformed enough to interfere with the body of the fuel pump, potentially causing the low pressure fuel pump to become inoperative. [Emphasis added.]
Approximately 200,000 vehicles are covered by Subaru’s vehicle recall, including certain Model Year 2019 Subaru Ascent, Impreza, Legacy, and Outlook vehicles; however, according to the complaint, the “. . . same dangerous condition is present in all 2013-2019 Subaru manufactured vehicles equipped with Denso made low-pressure fuel pumps with a part number prefix 42022 (‘Class Vehicles’) which gave rise to the [r]ecall.” [Emphasis added.]
According to the complaint:
Subaru concluded that the Fuel Pump Defect in the Class Vehicles presents an immediate and unreasonable risk of physical injury or death when used in their intended, foreseeable, and ordinary purpose.
The Fuel Pump Defect in the Class Vehicles exposes occupants and others to extreme danger, or even death. A vehicle that stalls or suffers engine shutdown is at heightened risk for collision. A vehicle that stalls or suffers engine shutdown causes drivers to react to remove themselves from danger, typically by exiting the road. Drivers stranded on the side of the road experience a heightened risk of danger, whether it is from other vehicles or weather elements.
Fuel pump failure can prevent the driver from accelerating at the necessary and anticipated pace. Diminished acceleration ability creates unexpected hazards, startling drivers of the Class Vehicles and other drivers in their proximity. Finally, once a Class Vehicle fuel pump fails, the vehicle becomes totally inoperable and will not start.
Owners or lessees of 2013-2019 Subaru manufactured vehicles equipped with Denso-made, low-pressure fuel pumps with a part number prefix 42022 are encouraged to contact Kehoe Law Firm, P.C. to discuss potential legal claims.
Kehoe Law Firm, P.C.
Apr 24, 2020 | Consumer Protection, Employment & Technology Archive
FTC Sends Warning Letters To Multi-Level Marketers Regarding Health and Earnings Claims They or Their Participants Make Related to Coronavirus – Warning Letters Target Companies Pitching Business Opportunities, Supposed Health Benefits In Response to COVID-19 Pandemic
Kehoe Law Firm, P.C. is making consumers aware that the Federal Trade Commission announced it has sent 10 letters warning multi-level marketing companies (“MLMs”) to remove and address claims that they or their participants are making about their products’ ability to treat or prevent coronavirus disease or about the earnings people who have recently lost income can make, or both.
The FTC stated that according to the U.S. Food and Drug Administration, there currently are no products that are scientifically proven to treat or prevent the virus.
The warning letters highlight specific claims made by the companies or their distributors in social media posts and videos posted online, including:
- A video that includes the statement, “I can tell you that there’s thousands of people that are out of work right now. They’re all looking for a way to go earn money. This is a great stimulus package, because you get to teach somebody how to go earn $1,730 literally in their first 10 days in the business.”
- A social media post that said, “Got the coronavirus heebeegeebees? Boost your immunity with this amazing deal!!!!”
The FTC sent the warning letters to the companies listed below, and the recipients are grouped based on the type of claims made.
Both Health and Earnings Claims
Earnings Claims
Health Claims
The FTC has previously sent a number of warning letters about health claims related to the coronavirus pandemic, but this group of letters is the first to also include warnings related to claims about potential earnings related to the economic fallout from the pandemic.
In letters alleging unsubstantiated health claims, the FTC states that one or more of the efficacy claims made by the companies are unsubstantiated, because they are not supported by scientific evidence, and, therefore, violate the FTC Act. In letters alleging unsubstantiated earnings claims, the FTC reminds the companies about what constitutes a false or misleading earnings claim that would violate the FTC Act.
The letters refer the companies to the agency’s guidance for MLMs, remind them that they are responsible for the claims made by their members and representatives, and advise the recipients that they and their members must immediately cease making all claims that would be false or misleading. The letters also instruct the recipients to notify the FTC within 48 hours about the specific actions they have taken to address the agency’s concerns.
Source: Federal Trade Commission – FTC.gov
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Apr 24, 2020 | Consumer Protection, Employment & Technology Archive
Alleged Engine “Oil Consumption Defect” In Jeep Cherokee (2015-Present), Jeep Renegade (2015-Present), And Jeep Compass (2017-Present) Vehicles
Kehoe Law Firm, P.C. is making consumers aware that on April 23, 2020, a class action lawsuit was filed against FCA US LLC in United States District Court, Central District of California, on behalf of all individuals in the United States who purchased or leased Jeep vehicles equipped with a 2.4L Tigershark Inline 4-Cylinder engine designed, manufactured, marketed, distributed, sold, warranted and/or serviced by FCA US LLC. The “Class Vehicles,” according to the complaint, consist of Jeep Cherokees (2015-Present), Jeep Renegades (2015-Present), and Jeep Compasses (2017-Present).
The complaint alleges that the Defendant “fail[ed] to disclose a uniform and widespread defect in the engine of an entire class of automobiles causing excessive engine oil consumption that poses an unreasonable safety risk to the driver and passengers of the vehicle.” [Emphasis added.]
Allegedly, the 2.4L Tigershark Inline 4-Cylinder engine in the Class Vehicles
. . contains one or more design and/or manufacturing defects that prevents the engine from properly using and maintaining an adequate amount of engine oil. Instead, the defect causes the oil—which serves essential lubrication and heat management functions within the engine—to leak, to burn off, and to be consumed at an abnormally high rate (the “Oil Consumption Defect”). The Oil Consumption Defect causes the Class Vehicles to go into ‘limp mode’ and to stall, and, ultimately, will cause, and has caused in numerous instances . . . catastrophic damage to the engine to the point that the entire engine needs to be replaced.
The complaint further alleges that
the Oil Consumption Defect is a safety concern because it prevents the engine from maintaining the correct level of engine oil and causes excessive oil consumption at a rate that cannot be reasonably anticipated or predicted. Further, the Oil Consumption Defect is unreasonably dangerous because it can cause the engine and/or its related components to fail, to enter ‘limp mode,’ or to stall while the Class Vehicles are in operation, at any time and under any driving conditions or speeds, thereby exposing the Class Vehicle drivers, their passengers, and other drivers to serious risk of collision and injuries.
. . .
On information and belief, when class members and dealerships inform Defendant of the Oil Consumption Defect, Defendant acknowledges that this is a ‘known issue’ and may perform temporary repairs which do not address the issue, including, but not limited to, adding oil, changing oil frequently, performing an ‘Oil Consumption Test,’ and replacing various engine components. [Emphasis added.]
If you are a purchaser or lessee of either a Jeep Cherokee (2015-Present), Jeep Renegade (2015-Present), or Jeep Compass (2017-Present) with a 2.4L Tigershark Inline 4-Cylinder engine designed, manufactured, marketed, distributed, sold, warranted and/or serviced by FCA US LLC, please contact Kehoe Law Firm, P.C. to discuss potential legal claims.
Apr 24, 2020 | Consumer Protection, Employment & Technology Archive
Class Action Alleges Electrical System of 2015-2019 Subaru Outback, Forester, WRX, Legacy, and Ascent Vehicles Subjects Vehicle Batteries and Charging Systems To A “Continuous Parasitic Drain” – Risk Of “Sudden Battery Failure”
Kehoe Law Firm, P.C. is making consumers aware that on April 23, 2020, a class action lawsuit was filed in United States District Court, District of New Jersey, against Subaru of America, Inc. and Subaru Corporation (collectively, “Subaru”) on behalf of owners and lessees of 2015-2019 Model Year Subaru Outback, Forester, WRX, Legacy, and Ascent vehicles.
According to the complaint, “[t]he electrical system in [2015-2019 Model Year Subaru Outback, Forester, WRX, Legacy, and Ascent vehicles] subjects vehicle batteries and charging systems to a continuous parasitic drain. The batteries with which Subaru equipped the . . . [v]ehicles are thus too small to overcome the parasitic drain and power the . . . [v]ehicles as consumers reasonably expect automobile batteries to do, predisposing . . . [v]ehicles to sudden battery failure. The parasitic drain . . . is constant, even when their engines are not running.”
The complaint alleges that
[a]s Plaintiff and Class Members’ experiences demonstrate, each of Subaru’s ‘fixes’ has been ineffective; more than two years later, consumers are still complaining of premature and unexpected battery failure.
Despite knowing of the [d]efect at or about the time that they began to market the . . . [v]ehicles for sale or lease, Defendants failed to disclose the [d]efect to consumers. Nor has Subaru instructed its dealerships to disclose the [d]efect to Subaru’s customers.
Because of Subaru’s concealment, consumers were unaware that they were buying or leasing defective vehicles, and vehicle owners and lessees did not discover the [d]efect until their batteries failed and they were forced to pay out of picket to prematurely replace those batteries. [Emphasis added.]
Additionally, the complaint alleges that the defect in the aforementioned Subaru vehicles “. . . typically manifests after consumers have turned off their . . . [v]ehicles, stranding operators and their passengers and making them more vulnerable to potential crime, accidents if stranded on a roadside, and other risks that could have otherwise been avoided, such as small children or pets remaining trapped within locked vehicles that cannot be opened after the [d]efect manifests.”
Owners and lessees of 2015-2019 Model Year Subaru Outback, Forester, WRX, Legacy, and Ascent vehicles are encouraged to contact Kehoe Law Firm, P.C. to discuss potential legal claims.
