Feb 7, 2018 | Consumer Protection, Employment & Technology Archive
Luxury Vehicle Retailer Allegedly Engaged in Unsolicited Text Message Telemarketing
On January 29, 2018, a class action lawsuit alleging violations of the Telephone Consumer Protection Act (TCPA) was filed against The Collection LLC in United States District Court, Southern District of Florida.
According to the class action complaint, on December 12, 2017, The Collection, a Florida-based retailer of luxury vehicles, allegedly sent an unsolicited text message from (833) 600-0059 to the Plaintiff’s cellular telephone using an automated text-messaging platform. The message stated: “THE COLLECTION: Happy Holidays! We are offering 12 Days of Deals. Follow us on Facebook for your daily offer https://goo.gl/6R1aN% Reply STOP to opt-out”
The link in the message, according to the complaint, was a web link to The Collection’s Facebook page, which included postings indicating the terms of The Collection’s promotions. The following is an image of the message, as reflected in the complaint:
The class action was brought on behalf of all individuals in the United States who within the past four years were sent a text message to their cellular telephone by The Collection, or anyone on The Collection’s behalf, using an automatic telephone dialing system, without an emergency purpose and without the prior express consent of the text message recipient. The class action seeks, among other things, statutory damages of $500 for each TCPA violation, as well as treble, or triple, statutory damages of $1,500 for each willful and knowing violation of the TCPA.
Have You Received Unsolicited or Unwanted Telemarketing Calls, Autodial Calls, Prerecorded Calls, Robocalls or Text Messages from The Collection LLC or Any Other Company?
If you have received unwanted, unsolicited or harassing telemarketing calls, autodial calls, prerecorded calls, robocalls or text messages and would like to speak privately with an attorney about your potential legal rights, please contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], complete the form above on the right or send an e-mail to [email protected].
Feb 7, 2018 | Consumer Protection, Employment & Technology Archive
Synchrony Bank Faces Class Action Over Alleged Telephone Consumer Protection Act Violations
A class action was filed on February 2, 2018 for damages and injunctive relief in United States District Court, Middle District of Florida, for alleged violations of the Telephone Consumer Protection Act (“TCPA”) by Synchrony Bank.
According to the class action complaint, in late March 2017, Synchrony, or its agent, called the Plaintiff’s cellular telephone multiple times from (678) 518-2904. Plaintiff, who never provided consent, including prior express written consent, did not answer the alleged automatic telephone dialing system-generated calls she received on her cell phone. The Plaintiff, when she dialed (678) 518-2904, found out from a representative of Synchrony, or its agent, who answered the call that the purpose of the call was debt collection. The Plaintiff stated that she did not have any debt and requested that Synchrony, or its agent, stop calling her. The Plaintiff also was informed during a conversation with a “supervisor” that Synchrony, or its agent, were trying to collect on a debt related to a Lowe’s credit card. The Plaintiff told the supervisor that she did not have a Lowe’s credit card.
Among other things, the class action lawsuit against Synchrony Bank seeks an award of $500 in statutory damages for each and every call made to the cellular telephones of the class members using an automatic telephone dialing system, in addition to treble, or triple, damages of $1,500 for alleged numerous and multiple knowing and/or willful violations of the TCPA.
Have You Received Unsolicited or Unwanted Telemarketing Calls, Autodial Calls, Prerecorded Calls, Robocalls or Text Messages from Synchrony Bank or Any Other Company?
If you have received unwanted, unsolicited or harassing telemarketing calls, autodial calls, prerecorded calls, robocalls or text messages and would like to speak privately with an attorney about your potential legal rights, please contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], complete the form above on the right or send an e-mail to [email protected].
Feb 7, 2018 | Consumer Protection, Employment & Technology Archive
Alleged Prerecorded and Automated Telemarketing Calls Made to Cellular Telephones to Promote and Sell Assured RX’s Products Without Prior Express Consent
On January 25, 2018, a class action lawsuit was filed against Assured RX LLC under the Telephone Consumer Protection Act (“TCPA”) and the Pennsylvania Telemarketer Registration Act, as a result of Assured RX’s alleged “practice of harassing consumers nationwide with automated and prerecorded telemarketing calls.”
According to the complaint, in September 2017, using a prerecorded voice, Assured RX placed several automated calls to the cellular telephone of the Plaintiff from telephone numbers (570) 660-9173, (570) 660-3074, (570) 660-1194, and (570) 660-3943. During one such call in September 2017, Assured RX called Plaintiff’s cellular telephone, and when Plaintiff answered, she heard a prerecorded message that marketed some type of pain relief cream. The prerecorded message did not, according to the complaint, identify the name of the company calling, did not provide a call back number, and the Plaintiff, after listening to the prerecorded message, was connected to an individual who was with “Pain Management Network.”
The Assured RX Class Action and Statutory Damages Sought
The class action lawsuit was brought on behalf of individuals who had not expressly consented in writing to receive a telephone call on their cellular telephone made through the use of an automatic telephone dialing system and/or an artificial or prerecorded voice.
Plaintiff and other members of the class seek, among other things, a minimum of $500 in statutory damages for each violation of the TCPA and treble, or triple, statutory damages of $1,500 for each knowing or willful violation of the TCPA.
Have You Received Unsolicited or Unwanted Robocalls on Your Cellular Telephone from Assured RX or Any Other Company?
If so, your rights under federal and state law may have been violated. If you wish to speak with an attorney regarding your potential legal rights, please contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], complete the form above on the right or e-mail [email protected].
Feb 7, 2018 | Securities Class Action Archive
NQ Mobile – “Price Target $0”; Doubts About NQ’s “Purported Values”
On February 6, 2018, a report (“NQ Mobile: Undisclosed Transfer Of Subsidiaries To Chairman Introduces Significant Risks – Price Target $0”) was published by Rota Fortunae on SeekingAlpha stating, among other things, that
Chinese corporate records lead us to believe that insiders control Tongfang Investment Fund, the firm that recently acquired NQ’s mobile gaming and video businesses.
One day after the deal with Tongfang was announced and eight months before it closed, NQ transferred its interest in FL Mobile and Showself to its Chairman, Vincent Wenyong Shi.
Our research leads us to doubt every aspect of the transaction, including the cash payments and the $270 million note receivable, which together represents over 100% of NQ’s market cap.
We find alarming similarities between NQ and Ambow Education, and we think NQ is likely to default when its convertible debt comes due in October 2018.
The US phone number listed on press releases has been disconnected; the US HQ is for lease.
[Emphasis added]
The Rota Fortunae report on SeekingAlpha also stated that
[d]espite being called a zero, NQ’s market cap has hovered around $400 million, ostensibly supported by hundreds of millions in cash and the value of its mobile gaming business. But we have serious doubts about their purported values, and we recently uncovered an undisclosed transaction with NQ’s chairman that leads us to believe the end is finally near.
[Emphasis added]
On this news, shares of NQ Mobile (NYSE:NQ) fell sharply during intra-day trading on February 6, 2018.
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NQ Mobile Shareholders and Investors
Kehoe Law Firm, P.C. is investigating potential securities claims on behalf of purchasers of NQ Mobile securities. If you own shares of NQ Mobile and have questions/concerns about the investigation or your potential legal rights, please contact John Kehoe, Esq., (215) 792-6676, Ext. 801, [email protected], complete the form above on the right or e-mail [email protected].
Kehoe Law Firm, P.C.
Feb 6, 2018 | Securities Class Action Archive
A10 Networks January 2018 Stock Price Drops – Securities Claims Investigation on Behalf of ATEN Shareholders
Kehoe Law Firm, P.C. is investigating potential securities claims on behalf of purchasers of the securities of A10 Networks, Inc. (NYSE:ATEN), “a Secure Application Services™ company,” resulting from allegations that A10 Networks may have issued materially misleading business information to the investing public.
On January 16, 2018, A10 Networks announced it expected fourth quarter 2017 revenue to be between $55.5 million and $56 million, which was below its prior guidance of $64 million to $67 million.
On this news, shares of A10 Networks fell $0.99, or more than 13% from its previous closing price, to close at $6.32 per share on January 17, 2018.
Subsequently, on January 30, 2018, A10 Networks disclosed that its Audit Committee was investigating ATEN’s revenue recognition practices from the fourth quarter of 2015 through the fourth quarter of 2017.
Specifically, ATEN’s January 30, 2018 press release stated that A10 Networks
. . . is postponing its 2017 fourth quarter and full year earnings announcement and conference call, originally scheduled for Feb. 8, 2018.
In the fourth quarter of 2017, [A10 Networks] determined that a mid-level employee within its finance department had violated [A10 Networks’s] Insider Trading Policy and Code of Conduct. As a result, [A10 Networks], with the assistance of outside counsel, conducted an email review and additional procedures to ensure the accuracy of its reporting of financial information for 2017. Such review and procedures did not identify matters that required material adjustments to be made. Nonetheless, [A10 Networks’s] Audit Committee determined that further review and procedures relating to certain accounting and internal control matters should be undertaken. The Audit Committee’s investigation, which is being conducted with the assistance of outside counsel, is principally focused on certain revenue recognition matters from the fourth quarter of 2015 through the fourth quarter of 2017 inclusive.
The investigation is in its early stages. [A10 Networks] is not able to provide a date as to when it will be completed, nor provide any assurance that [A10 Networks] will not determine that material adjustments to its past financial statements are appropriate.
At the conclusion of the Audit Committee’s investigation, [A10 Networks] will announce the scheduling of a conference call to discuss full financial results for the 2017 fourth quarter and full year.
On this news, shares of A10 Networks fell $0.86, or more than 12% from its previous closing price, to close at $6.13 per share on January 31, 2018.
Copyright © by StockCharts.com Inc., Redmond, WA. All rights reserved. http://stockcharts.com/
ATEN – A10 Networks Shareholders
If you purchased, or otherwise acquired, ATEN shares and have questions or concerns about the investigation or your potential legal rights or claims, please contact John Kehoe, Esq., (215) 792-6676, Ext. 801, [email protected], complete the form above on the right or e-mail [email protected].
