Apr 21, 2020 | Consumer Protection, Employment & Technology Archive
Class Action Lawsuit Alleges “Dangerous Defect” Affecting Jeep Wrangler Rubicon (2007-2017); Jeep Wrangler Unlimited Rubicon (2007-2017); Jeep Wrangler Rubicon (2018-2020); Jeep Wrangler Unlimited Rubicon (2018-2020); Jeep Gladiator Rubicon (2020); Dodge Ram 2500 Power Wagon (2005-2010); Ram 2500 Power Wagon (2011-2020)
Kehoe Law Firm, P.C. is making consumers aware that on April 20, 2020, a class action lawsuit was filed against FCA US LLC (“FCA”) in United States District Court, Eastern District of Michigan, on behalf of individuals who purchased or leased the following vehicles sold with an electronic sway bar disconnect: Jeep Wrangler Rubicon (2007-2017); Jeep Wrangler Unlimited Rubicon (2007-2017); Jeep Wrangler Rubicon (2018-2020); Jeep Wrangler Unlimited Rubicon (2018-2020); Jeep Gladiator Rubicon (2020); Dodge Ram 2500 Power Wagon (2005-2010); and Ram 2500 Power Wagon (2011-2020).
According to the class action complaint:
. . . a sway bar (also called an “anti-roll bar” or “stabilizer bar”) is part of a car’s suspension system. It provides stability and helps prevent the car from leaning to one side when turning. Driving on streets or highways with a disconnected or malfunctioning sway bar is dangerous.”
For cars that are suitable for off-roading, like the Class Vehicles here, it is sometimes advantageous to temporarily disconnect the sway bar when driving in rough terrain. The Class Vehicles’ suspension systems include an electronic sway bar disconnect, which is intended to allow the driver to quickly disconnect and reconnect the sway bar with the push of a button on the dashboard.
The problem, however, is that the electronic sway bar disconnect has a dangerous defect, and thus poses a serious safety risk to drivers, occupants, and the general public (hereinafter, “the Sway Bar Defect”). Specifically, the electronic circuit board for the sway bar disconnect is in a housing with seals that are prone to failure and is located in an area that is likely to get wet or sprayed under ordinary or expected conditions, such as driving over puddles or in the rain. Failure of the circuit board occurs when liquid or contaminants breach a seal of the housing, resulting in a disconnected or malfunctioning sway bar. In some instances, the electronic sway bar disconnect will fail and not reconnect, forcing the driver to drive on roads and highways without a sway-bar. Driving on streets and highways with a disconnected or malfunctioning sway bar is dangerous.
FCA has known about this problem for years but has taken no action to fix it. Instead, FCA continues to sell the Class Vehicles as safe, reliable and fit for their ordinary purpose. Even worse, FCA also denies warranty coverage for the Sway Bar Defect. As a result, owners of the Class Vehicles have suffered damages, including, inter alia: (1) out-of-pocket expenses to repair or replace defective electronic sway bar disconnects; (2) costs for future repairs or replacements; (3) sale of their vehicle at a loss; and/or (4) diminished value of their vehicles. [Emphasis added.]
Purchasers or lessees of either a Jeep Wrangler Rubicon (2007-2017); Jeep Wrangler Unlimited Rubicon (2007-2017); Jeep Wrangler Rubicon (2018-2020); Jeep Wrangler Unlimited Rubicon (2018-2020); Jeep Gladiator Rubicon (2020); Dodge Ram 2500 Power Wagon (2005-2010); or Ram 2500 Power Wagon (2011-2020) are encouraged to contact Kehoe Law Firm, P.C. to discuss potential legal claims.
Apr 21, 2020 | Consumer Protection, Employment & Technology Archive
Low-Pressure Fuel Pump’s Failure Which Can Lead To Unexpected Stalling and Engine Shutdown Alleged In Class Action Lawsuit Against Toyota and Denso Corporation
Kehoe Law Firm, P.C. is making consumers aware that on April 20, 2020, a class action lawsuit was filed in United States District Court, Central District of California, against Toyota Motor Corporation, Toyota Motor North America, Inc., Toyota Motor Sales USA, Inc., Toyota Motor Engineering & Manufacturing North America, Inc. (collectively, “Toyota”), Denso Corporation, and Denso International America, Inc. (collectively, “Denso”).
695,541 Toyota and Lexus Vehicles With Denso Low-Pressure Fuel Pumps Recalled
In January 2020, Toyota, according to the class action complaint, voluntarily recalled 695,541 Toyota and Lexus vehicles which were “equipped with defective Denso low-pressure fuel pumps,” because “Toyota identified a dangerous defect in the low-pressure fuel pump which can fail and cause the vehicles identified in the [r]ecall to unexpectedly stall and suffer engine shut down[.]”
The complaint identified the vehicles affected by the recall as follows:
2018-2019 Toyota 4Runner, 2019 Toyota Avalon, 2018-2019 Toyota Camry, 2019 Toyota Corolla, 2018-2019 Toyota Highlander, 2018-2019 Toyota Land Cruiser, 2018-2019 Toyota Sequoia, 2018-2019 Toyota Sienna, 2018-2019 Toyota Tacoma, 2018-2019 Toyota Tundra, 2019 Lexus ES, 2018-2019 Lexus GS, 2018-2019 Lexus GX, 2018-2019 Lexus IS, 2018-2019 Lexus LC, 2018-2019 Lexus LS, 2018-2019 Lexus LX, 2019 Lexus NX, 2018-2019 Lexus RC, 2018-2019 Lexus RX.
Expanded Recall Of Additional 1,122,428 Toyota and Lexus Vehicles With Low-Pressure Fuel Pumps
In March 2020, Toyota, according to the complaint, “submitted an amended defect information report to NHTSA . . ., expanding the [r]ecall from 695,541 to 1,817,969 of its most popular Toyota and Lexus vehicles.[]” Toyota, according to the relevant defect information report, allegedly “states that the additional 1,122,428 vehicles have the same Fuel Pump Defect[.]”
The complaint identified the vehicles affected by the expanded recall as follows:
2014-2015 Toyota 4Runner, 2018-2019 Toyota Avalon, 2018-2019 Toyota Camry, 2018-2019 Toyota Corolla, 2014 Toyota FJ Cruiser, 2018-2019 Toyota Highlander, 2014-2015 Toyota Land Cruiser, 2018-2019 Toyota Sequoia, 2017-2019 Toyota Sienna, 2018-2019 Toyota Tacoma, 2018-2019 Toyota Tundra, 2018-2019 Lexus ES350, 2018-2019 Lexus GS300, 2013-2014 and 2018-2019 Lexus GS350, 2014-2015 Lexus GX460, 2014 Lexus IS-F, 2017 Lexus IS200t, 2018-2019 Lexus IS300, 2014-2015 and 2018-2019 Lexus IS350, 2018-2019 Lexus LC500, 2018-2019 Lexus LC500h (Hybrid), 2013-2015 Lexus LS460, 2018-2019 Lexus LS500, 2018-2019 Lexus LS500h (Hybrid), 2014-2015 Lexus LX570, 2015 Lexus NX200t, 2018-2019 Lexus RC300, 2017 Lexus RC200t, 2015 and 2018-2019 Lexus RC350, 2017-2019 Lexus RX350, and 2018-2019 Lexus RX350L.
According to the complaint:
The [r]ecall captures only a portion of 2013-2019 Toyota and Lexus vehicles equipped with Denso low-pressure fuel pumps and fuel pump assemblies that begin with part number prefixes 23220- and 23221-. However, the same dangerous condition is present in all 2013-2019 Toyota and Lexus vehicles equipped with Denso low-pressure fuel pumps and fuel pump assemblies that begin with part number prefixes 23220- and 23221- (“Class Vehicles”). For example, Toyota submitted [a third defect information report] to [the] NHTSA in order to add another 42,300 Lexus vehicles equipped with Denso low-pressure fuel pumps and fuel pump assemblies that begin with part number prefixes 23220- and 23221- to the [r]ecall. [Emphasis added.]
The third defect information report, according to the complaint, “expanded the number of Lexus GS vehicles subject to the [r]ecall to include 2018-19 Lexus GS300 vehicles produced from October 13, 2017 through January 18, 2019, and 2013-2015 and 2018-2019 Lexus GS350 vehicles produced from September 2, 2013 through February 21, 2015 and from October 3, 2017 through January 31, 2019.”
Allegedly, the fuel pump defect in the subject “Class Vehicles,” is an issue which
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, remoteness or weather elements. [Emphasis added.]
Apr 15, 2020 | Consumer Protection, Employment & Technology Archive
FTC Reports: From January 1, 2010 Through April 15, 2020, 18,235 COVID-19 Related Complaints Received; Consumers Reported Losing $13.44 Million To Coronavirus-Related Fraud
Kehoe Law Firm, P.C. is making consumers aware that the FTC has reported the following:
- From January 1 until today, the FTC has gotten 18,235 reports related to COVID-19, and people reported losing $13.44 million dollars to fraud.
- The top complaint categories relate to travel and vacations, online shopping, bogus text messages, and all kinds of imposters.
- While reports of robocalls are way down overall, we’re now hearing about callers invoking the COVID-19 pandemic to pretend to be from the government, or making illegal medical or health care pitches, among other topics.
- The big states have, not unexpectedly, the biggest number of reports. Click here to see state reporting in this regard.
The FTC cautions consumers that if you are getting calls, emails, or texts, or seeing ads or offers online, it is important to note the following: First, the government will never call out of the blue to ask for money or your personal information (like Social Security, bank account, or credit card numbers). And second, anyone who tells you to pay by Western Union or Money Gram, or by putting money on a gift card, is a scammer. The government and legit businesses will never tell you to pay that way.
Source: Federal Trade Commission – FTC.gov
Apr 15, 2020 | Consumer Protection, Employment & Technology Archive
Class Action Filed On Behalf of TrueFire Customers Whose Information Was Compromised As A Result of TrueFire’s Alleged Failure to Adequately Protect Its Users’ PII
Kehoe Law Firm, P.C. is making consumers aware that on April 14, 2020, a class action lawsuit was filed in United States District Court, Middle District of Florida, against TrueFire, LLC and TrueFire, Inc. (collectively, “TrueFire”) “. . . on on behalf of all persons whose PII was compromised as a result of the [TrueFire] Defendants’ [alleged] failure to: (i) adequately protect their users’ PII; (ii) warn users of their inadequate information security practices; and (iii) effectively monitor TrueFire’s websites, apps, and ecommerce platforms for security vulnerabilities and incidents.” [Emphasis added.]
According to the complaint,
[o]n or about March 9, 2020, TrueFire began notifying customers and various state Attorneys General about a widespread data breach that occurred from August 3, 2019 to January 14, 2020. Hackers not only “scraped” many of TrueFire’s customers’ names from the website by infecting it with malware, they also stole customers’ addresses, payment card numbers, CVV security codes, and credit card expiration dates (“PII”) (the “Breach”). The criminals obtained everything they needed to illegally use TrueFire’s customers’ credit cards to make fraudulent purchases, and to steal the customers’ identities.
Not only did hackers skim TrueFire’s customers’ PII, on information and belief the stolen names and card information are now for sale on the dark web. That means the Breach worked. Hackers accessed and then offered for sale the unencrypted, unredacted stolen PII to criminals. Because of Defendants’ Breach, customers’ PII is still available on the dark web for criminals to access and abuse. TrueFire’s customers face a lifetime risk of identity theft.
This PII was compromised due to TrueFire’s negligent and/or careless acts and omissions and the failure to protect customers’ data. In addition to TrueFire’s failure to prevent the Breach, Defendants failed to detect the Breach for over five months, and when they did discover the Breach on January 10, 2020, it took them almost two more months to report the Breach to the affected customers on or about March 9, 2020.
The stolen PII has great value to hackers: It is likely that hundreds of thousands of music students—residents of most states—were affected by the Breach. For example, TrueFire filed data breach notices in California, Indiana, Illinois, Massachusetts and Montana, among others. [Emphasis added.]
Have You Been Impacted by A Data Breach?
If so, please either contact Kehoe Law Firm, P.C. Partner Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], complete the form on the right or send an e-mail to [email protected] for a free, no-obligation case evaluation of your facts to determine whether your privacy rights have been violated and whether there is a basis for a data privacy class action.
Examples of the type of relief sought by data privacy class actions, include, but are not limited to, reimbursement of identity theft losses and of out-of-pocket costs paid by data breach victims for protective measures such as credit monitoring services, credit reports, and credit freezes; compensation for time spent responding to the breach; imposition of credit monitoring services and identity theft insurance, paid for by the defendant company; and improvements to the defendant company’s data security systems.
Data privacy class actions are brought on a contingent-fee basis; thus, plaintiffs and the class members do not pay out-of-pocket attorney’s fees or litigation costs. Subject to court approval, attorney’s fees and litigation costs are derived from the recovery obtained for the class.
Apr 14, 2020 | Consumer Protection, Employment & Technology Archive
Class Action Asserting Claims Against Bosch And VW For Selling Cars Equipped With Bosch-Made Automatic Emergency Braking Systems – Owners or Lessees Of VW and Audi Vehicles Equipped With AEB Systems Utilizing Either Bosch Mid-Range Radar Sensors Or Long-Range Radar Sensors Encouraged To Contact Kehoe Law Firm, P.C.
Kehoe Law Firm, P.C. is making consumers aware that a class action lawsuit has been filed against Volkswagen AG, Volkswagen Group of America, Inc., Audi AG, Audi Group of America, LLC (collectively, “VW”), and Robert Bosch GmbH and Robert Bosch LLC (collectively, “Bosch”) in United States District Court, Northern District of California.
This class action asserts claims against Bosch and VW who sell vehicles equipped with Bosch-made Automatic Emergency Braking Systems (“AEB Systems”). The vehicles at issue in the class action (i.e., the “Class Vehicles”) include all VW and Audi vehicles equipped with AEB Systems with either Bosch mid-range radar sensors (“MRR”) or long-range radar sensors (“LRR”).
According to the complaint:
The AEB Systems at issue here have a defect that causes them to falsely engage randomly and unexpectedly (the “AEB Defect”). The AEB Defect causes the Class Vehicles to detect non-existent obstacles, thereby automatically triggering the brakes and causing the Class Vehicles to abruptly slow down or come to a complete stop, sometimes in the middle of traffic. Simply put, as a result of the AEB Defect, the AEB Systems at issue here are a safety hazard, not a safety feature.
Many Class Vehicle owners have reported significant, unexpected slow-downs and stops due to the false engagement of the Class Vehicle’s AEB System, even though no objects were nearby. As one commentator described, ‘[w]hen the systems work, they are brilliant. When they don’t work, they are a frightening and dangerous nightmare.'[] Another aspect of the AEB Defect is that the AEB Systems frequently deactivate themselves for no good reason, rendering this safety feature effectively useless.
. . .
Defendants have known about problems with their AEB Systems for years but have been silent. Disclosing the AEB Defect would likely: (1) put Defendants at a competitive disadvantage both in safety ratings and in the race to get autonomous safety features on the market; (2) have a negative impact on their respective brands; and (3) reduce profits from sales. Instead, the VW Defendants market their vehicles as safe, despite their knowledge that the vehicles are defective and not fit for their intended purpose of providing consumers with safe and reliable transportation at the time of the sale and thereafter. They have actively concealed the true nature and extent of the AEB Defect from Plaintiffs and the other Class members and have failed to disclose it to them at the time of purchase or lease.
Had Plaintiffs and other Class members known about the AEB Defect, they would not have purchased and/or leased the Class Vehicles on the same terms or would have paid less for them. As a result of their reliance on partial representations and/or omissions by Defendants, Plaintiffs and the other Class members have suffered a loss of money and/or loss in value of their Class Vehicles. [Emphasis added.]
Purchasers or lessees of VW or Audi vehicles equipped with AEB Systems with either Bosch mid-range radar sensors (“MRR”) or long-range radar sensors (“LRR”) are encouraged to contact Kehoe Law Firm, P.C. to discuss potential legal claims.
Apr 14, 2020 | Consumer Protection, Employment & Technology Archive
FTC Issues New Round Of “Warning Letters” To Companies Making Coronavirus Claims
Kehoe Law Firm, P.C. is making consumers aware that the FTC has issued ten new Coronavirus warning letters, which follow seven FTC-FDA letters announced on March 9, 2020 and additional joint warning letters sent since then. The FTC is advising marketers that regardless of what kind of pill, potion, device, or what-have-you your company promotes – including through social media – if you suggest or imply Coronavirus prevention or treatment claims, your practices will attract scrutiny from the FTC.
The FTC advised that the following ten companies just received letters from FTC staff:
Bioenergy Wellness Miami. The FTC says the Florida company claimed on its website that devices it sells emit sound frequencies that “target Coronavirus/SARS viral infections, and can be used either as homeoprophylaxis or at the onset of flu-like symptoms. . . .”
Face Vital LLC. According to the FTC, the Miami Beach business marketed its “Face Vital Sonic Silicone Facial Brush” as a way to “fight off Coronavirus” and suggested consumers could “RAMP UP YOUR BEAUTY AND CLEANSING REGIMEN, FIGHT OFF CORONA” by using its product.
LightAir International AB. On its website, the Swedish company claimed, “The corona virus can in various ways be air-borne . . . . IonFlow air purifiers are scientifically proven to efficiently prevent spread of air-borne viruses.”
MedQuick Labs LLC. According to statements the Arkansas company made on its Facebook page, “The CoronaVirus, as well as the flu, has everyone in a frenzy right now. One of the best things you can do is make sure your immune system is ready to fight off anything nasty. Boost your immune system with our improved Immunity Boost drip! You can wash your hands all day long but one of the best defenses against ANY illness is to boost your immune system and the best way is by putting Vitamin C and other immune building vitamins straight into your bloodstream.”
New Performance Nutrition. The warning letter to the Los Angeles business cites this statement the company had on its website: “NPN ANTI-VIRUS KIT is a bundle of immune defense supplements, hand-picked by NPN Owner/Founder Matt Mahowald, that will target and increase your immunity to help ward off the COVID-19 virus.”
ParaTHRIVE LLC. The Colorado company’s website promoted its Liposomal Vitamin C products by claiming “Experts in the field are suggesting that regular dosing of Vitamin C could help to prevent the Coronavirus . . . . ‘The coronavirus can be dramatically slowed or stopped completely with the immediate widespread use of high doses of Vitamin C. Bowel tolerance levels of C taken in divided doses throughout the day, is a clinically proven antiviral, without equal.’”
Resurgence Medical Spa, LLC. The warning letter to the Arlington, Texas business cites Facebook and Instagram posts that said, “More and more research is showing that high doses of Vitamin C could both prevent and treat Covid-19. Whether you’re experiencing symptoms or trying to keep from getting sick, call us today to schedule an appointment for a High Dose Vitamin C plus Immunity Booster IV infusion.”
Rocky Mountain IV Medics. The Colorado company advertised its IV treatments through social media and on its webpage, using claims like this: “Coronavirus Symptoms Treatment Tests are underway and IV Vitamin C treatments are starting to show promising results! If you’re looking for IV Vitamin C therapy, we have ASAP and prescheduled appointments available.” The website also linked to an article that said, “Shanghai Medical Association has released an expert consensus statement on the comprehensive treatment of COVID-19 where they endorse the use of high-dose IV vitamin c for the illness.”
Suki Distribution Pte. Ltd. The Singapore-based company’s said on its website, “As the coronavirus COVID-19 pandemic is spreading globally, our clients ask whether our products can help prevent or treat Coronavirus. The good news is that several of our products may play a role in strengthening the immune system or in fighting the Coronavirus.” The website further described a product as a “safe Japanese drug with anti-Coronavirus effects” and that a laboratory study concluded that the purported active ingredient cepharanthine “can be applied for the prevention and treatment of Human Coronavirus infection.”
Vita Activate. According to the warning letter, the Canadian company claimed on its website that its Natural Chaga Mushroom “may prevent invaders such as the corona virus. Just a few sprays a day can boost your immunity effectively . . . Very rich in source of magnesium, zinc, and selenium that have anti-corona virus properties. Get ready and be prepared to fight off bacteria and harmful airborne diseases with the powerful anti-viral, anti-bacterial Chaga Mushroom.”
The letters advise that the companies must ensure they have stopped making Coronavirus prevention, treatment, or cure claims for the cited products. The following is a sample of what the letters say:
It is unlawful under the FTC Act . . . to advertise that a product can prevent, treat, or cure human disease unless you possess competent and reliable scientific evidence, including, when appropriate, well-controlled human clinical studies, substantiating that the claims are true at the time they are made. For COVID-19, no such study is currently known to exist for the product identified above. Thus, any coronavirus-related prevention or treatment claims regarding such product is not supported by competent and reliable scientific evidence. You must immediately cease making all such claims.
Source: Federal Trade Commission – FTC.gov
