Mar 19, 2020 | Consumer Protection, Employment & Technology Archive
Class Action Filed Against Capital One, N.A. For Alleged Violations of the Telephone Consumer Protection Act
Kehoe Law Firm, P.C. is making consumers aware that on March 18, 2020, a class action lawsuit was filed against Capital One, N.A. in United States District Court, District of Nevada, as a result of Capital One, allegedly, “negligently, knowingly, and/or willfully placing automated calls to Plaintiff’s cellular telephone without consent, thereby violating the TCPA.”
According to the class action complaint:
On October 24, 2019, Plaintiff requested that Capital One stop calling him due to the fact he would be filing bankruptcy, and thus revoked any consent he had previously provided to Capital One to call him. However, beginning on November 7, 2019, Plaintiff received multiple calls from the Capital One from the following cellular phone number: (800) 955-6600. On information and belief, Capital One contacted Plaintiff [about] an account that he had with Capital One, despite the fact that Plaintiff had previously advised the entity to stop calling him.
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.
Mar 18, 2020 | Consumer Protection, Employment & Technology Archive
Alleged “Campaign” By Avenge Digital, LLC To Market Plymouth Rock Assurance Corporation’s Services Via Automated Telemarketing Calls in Violation of the Telephone Consumer Protection Act
Kehoe Law Firm, P.C. is making consumers aware that on March 17, 2020, a class action lawsuit was filed in United States District Court for the District of New Hampshire against Plymouth Rock Assurance Corporation and Avenge Digital, LLC.
According to the complaint, the class action “involves a campaign by Avenge Digital, LLC, a telemarketer retained by Plymouth Rock Assurance Corporation . . . to market Plymouth Rock’s services through the use of automated telemarketing calls in plain violation of the Telephone Consumer Protection Act.”
Allegedly, the Plaintiff, who has never “sought or solicited information regarding Defendant Plymouth Rock’s services,” was contacted on his cell phone with “several telemarketing calls promoting the Defendant’s goods or services.” The calls Plaintiff received, allegedly, were from “spoofed Caller ID numbers,” such as (603) 731-8505, (603) 731-8298, and (603) 731-9252.
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.
Mar 17, 2020 | Consumer Protection, Employment & Technology Archive
TrueFire Data Breach – TrueFire Submits “Notice of Data Event” to California Attorney General – Incident May Affect Certain Personal Information Provided While Making A Purchase at TrueFire.com
Kehoe Law Firm, P.C. is making consumers aware that TrueFire LLC (“TrueFire”) submitted a “Notice of Data Event” to the California Attorney General which disclosed “an incident that may affect certain personal information [one] provided while making a purchase at TrueFire.com.”
In the data event notice, TrueFire reported that “[o]n January 10, 2020, TrueFire discovered that an unauthorized person gained access to [TrueFire’s] computer system and, more specifically, to information that consumers had entered through the [TrueFire.com] Website.” TrueFire also stated that “. . . it appears that the unauthorized person gained access to the [TrueFire.com] Website and could have accessed the data of consumers who made payment card purchases, while that data was being entered, between August 3, 2019 and January 14, 2020.”
Further, TrueFire reported “. . . that the information that was potentially subject to unauthorized access includes your name, address, payment card account number, card expiration data and security code.” [Emphasis added.]
Infosecurity-magazine.com reported (“Guitar Tuition Website Suffers Six-Month Data Breach“) that “[i]n their breach notification letter, TrueFire gave no reason as to why they waited until March 9 to inform users of the breach that was discovered on January 10. No mention of the data breach could be found on the TrueFire website at time of publication.”
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.
Mar 17, 2020 | Consumer Protection, Employment & Technology Archive
Kehoe Law Firm, P.C. is making consumers aware of the following Telephone Consumer Protection Act (“TCPA”) class action lawsuit filing:
Outboundengine, Inc.
Class action lawsuit filed on March 16, 2020 in United States District Court, Southern District of California, against Outboundengine, Inc.
According to the complaint, Outboundengine “placed at least seven marketing calls, advertising its services to Plaintiff’s cellular telephone.” The marketing calls to Plaintiff’s cell phone, allegedly, came from (858) 224-0315 and “were unsolicited by Plaintiff and were placed without Plaintiff’s prior express written consent or permission.”
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.
Mar 16, 2020 | Consumer Protection, Employment & Technology Archive
Lawsuit Alleges That February 2020 Slickwraps Data Security Incident Exposed PII of Approximately 858,000 Customers, Including Names, Physical Addresses, Phone Numbers, Purchase Histories, and Unique E-Mail Addresses
Kehoe Law Firm, P.C. is making consumers aware that on March 12, 2020, a class action lawsuit was filed against Slickwraps Inc., a company which “makes and sells an assortment of premade and custom cases (known as vinyl skins) for mobile phones, tablets and other electronic devices,” in United States District Court, Eastern District of California.
According to the class action complaint,
[i]n February 2020, SLICKWRAPS suffered a data breach which resulted in the exposure of the personally identifiable information (‘PII’) of approximately 858,000 customers, including names, physical addresses, phone numbers purchase histories and unique email addresses . . ..
. . .
More accurately, SLICKWRAPS’ customers—who had placed their faith and trust in the company believing that it would, at the very least, utilize appropriate and necessary data security measures—suffered a wholly avoidable data breach where their PII was accessed even though SLICKWRAPS was previously informed that such access and potential exfiltration was possible. And, when called out on its woefully lax data security practices, SLICKWRAPS has done nothing but meekly apologize.
The class action lawsuit was, according to the complaint, brought ” . . . on behalf of those similarly situated to address SLICKWRAPS’ grossly inadequate safeguarding of Class Members’ PII that it collected and maintained, and for failing to provide timely and adequate notice to Plaintiff and other Class Members that their information had been subject to the unauthorized access of an unknown third party as well as a failure to be truthful and candid regarding precisely what specific types of information were accessed.” [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.
Mar 16, 2020 | Consumer Protection, Employment & Technology Archive
Norwegian Cruise Lines’ Alleged False and Misleading Statements Regarding Cornavirus (COVID-19) Subject of Class Action Lawsuit
Norwegian Cruise Line Investors Who Purchased, Or Otherwise Acquired, Shares of NCLH During the Class Period Between February 20, 2020 and March 12, 2020, Inclusive, Are Encouraged To Contact Kehoe Law Firm, P.C.
Kehoe Law Firm, P.C. is investigating securities claims on behalf of investors of Norwegian Cruise Lines and is making investors aware that on March 12, 2020, a class action lawsuit was filed in United States District Court, Southern District of Florida, against Norwegian Cruise Lines (“Norwegian” or the “Company”) (NYSE: NCLH) and certain Company executives on behalf of investors of Norwegian Cruise Lines who purchased, or otherwise acquired, the publicly-traded securities of Norwegian from February 20, 2020 through March 12, 2020, inclusive (the “Class Period”).
The class action lawsuit seeks to recover compensable damages for Norwegian shareholders who suffered losses as a result of the Defendants’ alleged violations of the federal securities laws and to pursue remedies under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder.
NCLH Stock Drops On News Of Miami New Times Article: “Leaked Emails: Norwegian Pressures Sales Team to Mislead Potential Customers About Coronavirus”
According to the class action complaint:
On March 11, 2020, Miami New Times reported in the article “Leaked Emails: Norwegian Pressures Sales Team to Mislead Potential Customers About Coronavirus” that leaked emails from a Norwegian employee showed that the Company directed its sales staff to lie to customers regarding COVID-19. The article stated, in pertinent part:
In the wake of the epidemic, a Norwegian Cruise Line (NCL) employee in South Florida tells New Times some managers have asked sales staff to lie to customers about COVID-19 to protect the company’s bookings.
* * *
Emails leaked to [Miami New Times] show that a senior sales manager at NCL’s Miami office came up with canned responses for the sales team to use if potential customers expressed concerns about COVID-19.
* * *
Some of the lines in the script pressure a fictitious customer to book a cruise immediately to avoid paying more later. “Mr Becker,” the line reads, “due to the Coronavirus we have cancelled all of our Asia cruises on the Norwegian Spirit. This has caused a huge surge in demand for all of our other itineraries. I suggest we secure your reservation today to avoid you paying more tomorrow.” (News reports, on the other hand, suggest cruise lines are suffering from a spate of canceled trips rather than experiencing high demand. NCL’s stock price has fallen more than 35 percent in recent days.)
Other script lines simply reassure customers not to be afraid.
“The only thing you need to worry about for your cruise is do you have enough sunscreen?” one of the suggested talking points reads.
Some of the recommended responses are blatantly false. For instance, cruise bookers were instructed to tell potential customers that coronavirus is not a concern in warm Caribbean climates.
“The Coronavirus can only survive in cold temperatures, so the Caribbean is a fantastic choice for your next cruise,” one talking point reads.
“Scientists and medical professionals have confirmed that the warm weather of the spring will be the end of the Coronavirus,” reads a second.
Another line says coronavirus “cannot live in the amazingly warm and tropical temperatures that your cruise will be sailing to.”
According to the class action complaint,
. . . the Miami New Times article revealed the financial impact the COVID-19 outbreak was causing on the Company and its employees, stating in part:
“We are hardly selling anything,” the employee says. “Sales are at serious lows.”
Members of the sales team lose any commission on a booking if the cruise is canceled, according to the employee. They are required to meet daily quotas — about 150 calls to potential customers, five hours on the phone, and three to five bookings.
“If you don’t hit quota, you will absolutely be fired,” the employee says. “No exceptions for [the] current virus situation. You may be put on a personal improvement plan for 30 days, but [that] basically means you’re done.”
The employee says managers are trying to downplay the disruption in sales “at all costs.”
[Emphasis added.]
On March 11, 2020, Norwegian’s stock shares, according to the class action complaint, dropped $5.47 per share, or approximately 26.7%, on this news.
NCHL Stock Drops On News Of Washington Post Article: “Norwegian Cruise Line managers urged salespeople to spread falsehood about coronavirus”
According to the class action complaint:
On March 12, 2020, [The] Washington Post published the article, “Norwegian Cruise Line managers urged salespeople to spread falsehoods about coronavirus.” The article revealed even more about Norwegian’s sales tactics from leaked internal memoranda including dangerous statements such as:
“Focusing all of your attention is actually illogical, especially when we live in a world of daily threats and dangers anyhow,” the manager wrote under the headline “The coronavirus will not affect you.” “Fact: Coronavirus in humans is an overhyped pandemic scare.”
[The] Washington Post article also disclosed Company executive’s reaction to the leaked memorandum, including:
The whistleblower told The Post that company leaders are trying to find out who shared the emails. In one email sent Monday evening, after a [Miami New Times] journalist contacted the company, an executive wrote, “One of our own ratted.” [Emphasis added in original].
On March 12, 2020, Norwegian’s stock shares, according to the class action complaint, dropped another $5.38, or approximately 35.8%, on this news.
Norwegian Cruise Line Investors Who Purchased, Or Otherwise Acquired, NCLH Securities During The Class Period and Suffered Losses
Norwegian Cruise Line investors who purchased, or otherwise acquired, the publicly-traded securities of Norwegian during the Class Period between February 20, 2020 and March 12, 2020, inclusive, and suffered losses are encouraged to contact either Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], [email protected], or John Kehoe, Esq, (215) 792-6676, Ext. 801, [email protected], to learn more about the Norwegian Cruise Lines securities investigation or potential legal claims.
