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NOTEWORTHY MATTERS
In Re: Checking Account Overdraft Litigation (United States District Court) - Webb, Klase & Lemond serves on the Plaintiffs' Executive Committee of the multidistrict litigation challenging the methods used by several banks when imposing overdraft fees. Cases against several banks, including Bank of America, J.P. Morgan Chase, Wachovia, Wells Fargo, U.S. Bank, and BB&T, have been consolidated in the Southern District of Florida. A published order denying a bank's motion to arbitrate their case can be found at 2009 WL 3446390 (N.D. Ga. Oct. 2, 2009). Webb, Klase & Lemond has also brought suit against additional banks and it is expected that such banks will eventually be included in the multidistrict litigation.
White v. Wachovia Bank, N.A. (United States District Court) - We achieved a confidential settlement after overcoming a motion to dismiss by Wachovia in this putative consumer class action challenging bank's practices related to overdraft charges. The reported decision can be found at 563 F. Supp. 2d 1358 (N.D. Ga. 2008).
DirecTV Litigation (United States District Court) - Class action lawsuit filed against DirecTV for its practices in regard to leased receivers, to include its failure to issue credits and the imposition of improper surcharges. The District Court denied DirecTV's motion to dismiss and to compel arbitration and has ordered the matter to proceed.
Comcast Litigation (United States District Court) - A class action lawsuit challenged Comcast's practices in regard to the Channel Guide, an optional monthly magazine that was allegedly sent to customers without proper authorization or disclosure. The case was settled on appeal. A reported decision can be found at Honig v. Comcast of Ga. I, LLC, 537 F. Supp. 2d 1277 (N.D. Ga. 2008).
City of Atlanta Department of Watershed Management (Superior Court) - We serve as lead counsel in the case of Benator, et al. v. City of Atlanta (Case No. 2009-CV-167452) which challenges several practices of the Atlanta Department of Watershed Management, including over-billing, illegal water turn-offs, and the denial of appeal rights.
Certificate of Deposit Practices (United States District Court) - Some banks have adopted bad faith practices in regard to their automatically renewing certificates of deposit (CDs). These practices result in customers - who are often elderly - having their interest rates reset at far below market rates, sometimes for years. Moreover, if customers request to withdraw their funds they are subject to sizable penalties that bear no relationship to the bank's actual costs. We are currently pursuing a class action lawsuit regarding these practices.
Capital One Litigation (United States District Court) - In 2009, Capital One, which is one of the nation's largest credit card issuers, imposed dramatic interest rate increases on most of its customers, even those in good standing. Such rate increases were applied even to the existing balances. These enormous increases - often exceeding 10 percentage points - were particularly shocking because Capital One had marketed many of its credit cards as having low fixed interest rates. We have challenged Capital One's practices in a class action lawsuit.
Questionable Practices in the Arbitration Industry (Superior Court / United States District Court) - Recent revelations have raised serious concerns about mandatory arbitration provisions in the consumer context. The nation's two largest providers of arbitrations - the National Arbitration Forum and the American Arbitration Association - have conceded that improper practices have been utilized - practices which call into question the fairness and impartiality of arbitrations in the consumer realm. We are currently pursuing a class action lawsuit against National Arbitration Forum and other parties.
Swift Transportation Litigation (United States District Court) - Over the past several years, thousands of people have attended truck driving school at the Swift Driving Academy, which is owned and operated by Swift Transportation, one of the nation's largest trucking companies. In 2008 and 2009, thousands of Swift graduates lost their commercial driver licenses based on state and federal concerns about practices at the Swift Academy. We are pursuing class action litigation against Swift on behalf drivers that have been harmed.
Pounds v. Cobb EMC (Superior Court) - We served as co-counsel in this derivative action alleging breach of fiduciary duty, abuse of control, gross mismanagement, waste of corporate assets, and unjust enrichment. The case was eventually resolved by settlement with total common benefit in excess of $50,000,000. Various issues were appealed.
Cobb County Licensing Fee Litigation (Superior Court) - We obtained a class certification order for attorneys practicing in unincorporated Cobb County who were assessed an occupation tax as a precondition of practicing law. A settlement was reached and approved by court in 2009.
Red Light Camera Litigation (United States District Court) - We obtained class certification of persons overcharged for automatic red light camera infractions in violation of Georgia law.
Atlanta Retiree Benefits Litigation (Superior Court) - As part of the City of Atlanta's efforts to lower spending on retiree health care, an ordinance was passed in 2008 that required certain retirees to participate in the Medicare program. Retirees who were employed prior to April 1, 1986 and who would be penalized if they enrolled in Medicare were not required to make the switch. Such retirees would have faced penalties as high as several hundred dollars per month. We have filed a legal action which alleges that the City misled retirees by erroneously telling them they had to join Medicare even when they were subject to these severe financial penalties.
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