Consumer Protection Cases

Robert Brown, et al. v. Electrolux Home Products, Inc., d/b/a Frigidaire

Wexler Wallace filed a class action lawsuit against Electrolux Home Products, Inc., alleging that certain models of their Frigidaire-branded front-loading washing machines contained a defect which allowed mold, mildew, and “biofilm” to grow inside the machines. The “biofilm” produces a noxious odor that permeates the washing machines, as well as consumers’ clothing and homes. Plaintiffs allege that they and class members have spent money on repairs and other purported remedies, but none have eliminated the odor problems or “biofilm” growth. Read more.

Pet Food Contamination Litigation -- In re Pet Food Products Liability Litigation

Wexler Wallace served as Co-Lead Counsel in this multidistrict consumer litigation arising from the largest pet food recall in history, involving over 180 brands of products produced or sold by over 40 Defendants. The products were recalled because dogs and cats were reportedly becoming sick or dying after eating the pet food. Pet owners throughout the nation suffered significant damages as a result of the food contamination. Many owners paid thousands of dollars in veterinary expenses for treating and monitoring the health of their pets; others suffered additional costs relating to the death of their pets.The action settled on Nov. 19, 2008. The settlement created a fund from which consumers could claim up to 100% reimbursement for documented economic losses, as well as up to $900 in undocumented economic damages. Read more.

Sharma v. BMW of North America, LLC
Wexler Wallace LLP, along with co-counsel, represents a class of California Plaintiffs who allege there is design defect in certain BMW models that leaves electrical components located in the cars’ trunk prone to water damage. The complaint states that BMW’s X5, X3, and 5-series vehicles were designed with electrical components located in the lowest part of the car’s trunk. The drainage system for the cars’ sunroof is located directly next to that electrical equipment at the bottom of the trunk. Due to the nature of the drain tubes’ design, they are prone to become clogged with dirt, debris, and leaves, causing them to leak water into the trunk and damage the components. One named plaintiff alleges her car became inoperable while she was driving on the highway due to this design defect. Read more.

Roberts v. Electrolux Home Products, Inc.
Wexler Wallace, along with co-counsel Hansen Reynolds Dickinson Crueger LLC and Greg Coleman Law PC, was appointed interim co-lead counsel in this nationwide product liability class action against Electrolux Home Products, Inc. The lawsuit seeks relief on behalf of a nationwide class of consumers who purchased allegedly dangerous and defective clothes dryers from Electrolux marketed under a variety of brands, including Electrolux, Frigidaire, and Kenmore. Plaintiffs allege that the design, which allows lint to accumulate next to the heat source, has caused thousands of dryer fires throughout the United States, and that fires are made more dangerous by Electrolux’s use of flammable plastic parts. Read more.

Grube v. CertainTeed Corporation
On April 25, 2011, Wexler Wallace, LLP, with co-counsel Shepherd Finkelman Miller & Shah, LLP, filed a class action against CertainTeed Corporation alleging violations of the Magnuson-Moss Act, breach of warranty, consumer fraud, and negligence on behalf of a nation-wide class and a Wisconsin subclass of consumers. The complaint alleges that, contrary to guaranteed long-lasting protection and superior freeze/thaw durability, CertainTeed's WeatherBoards FiberCement exterior siding products are defective and prone to water absorption problems, splitting, cracking, warping and overall failure. Read more.

In re Brazilian Blowout Litigation
Wexler Wallace LLP is representing the plaintiffs in this certified nationwide class action against GIB, LLC pending in the Central District of California. Wexler Wallace represents individuals who purchased Brazilian Blowout Solution or Brazilian Blowout Acai Professional Smoothing Solution that was advertised as containing “no harsh chemicals” and “formaldehyde-free.” Testing has shown that this claim is false and Plaintiffs contend they were mislead into believing the product was formaldehyde-free. Read more.

E.K.D., et. al. v. Facebook, Inc.
Wexler Wallace LLP, with co-counsel Squitieri & Fearon LLP, Korein Tillery, and the Stuart Law Firm, are prosecuting this case against Facebook on behalf of a nation-wide class of of minor Facebook users whose names and/or likenesses were used by Facebook for commercial purposes without the prior consent of their parents or legal guardians, in violation of guaranteed privacy protections. Read more.

Stephen A. Ellerbrake and John E. Casey v. Campbell-Hausfeld et al.
Wexler Wallace served as Co-Lead Counsel in this consumer fraud case brought against power tool manufacturers who mislabeled the horsepower on their air compressors. After Wexler Wallace achieved certification of the consumer class, the Defendants agreed to a permanent injunction that halted the alleged mislabeling and helped change the way the air compressor industry labeled its products. In addition, they provided millions of dollars worth of benefits to affected consumers. Read more.

Allstate Litigation -- Ronald Carter v. Allstate Insurance Company
Wexler Wallace is prosecuting a class action against Allstate, alleging that the company has refused to pay its policyholders either their replacement costs or the limits of liability under the Residential Fire Insurance Policy after fire damaged the insureds’ premises. Instead, Allstate improperly settled policyholders’ claims based on a market value appraisal that Allstate secured. This appraisal method utilized by Allstate results in a reduced recovery by insureds, in violation of the terms of their insurance policies. Read more.

Wal-Mart Litigation -- Alma Casillas v. Wal-Mart Stores, Inc.
Wexler Wallace filed this case as a class action on behalf of California consumers who were charged higher prices at Wal-Mart scanner check-outs than what was advertised on store shelves. Such overcharges would usually go unnoticed and the small amount of an individual overcharge deterred consumers from seeking remedies at Wal-Mart. Plaintiffs alleged that overcharges occurring at Wal-Mart scanner check-outs were almost double the national average. The Court approved a settlement, which provides significant injunctive relief applicable to all of Wal-Mart’s California stores. Pursuant to the settlement, Wal-Mart must regularly certify its compliance with the settlement terms to the Court. Read more.

BMW Fuel Pump Litigation -- Hackett v. BMW of North America
On October 28, 2010, Wexler Wallace filed a class action in Illinois state court against BMW North America on behalf of Illinois owners of certain model BMW vehicles equipped with N54 3.0 liter engines. Consumers around the country have alleged that these vehicles are affected by a distinct design and/or manufacturing defect relating to BMW’s newly designed fuel injection system. It was supposed to have incorporated a new “state of the art” fuel pump responsible for injecting fuel into the pistons. Plaintiffs allege, however, that the new fuel pump is defective, requiring replacement within the first 1,000 miles of ownership. Many owners have had their fuel pumps replaced multiple times. The fuel pump defect also raises serious safety concerns, as power failure can occur at high speeds and create unsafe driving conditions. The affected BMW vehicles include: 2007-2010 BMW 135i, 335i, 335xi, 535i, 535xi, X5d, X6 and Z4 3.5 sDrive models. Read more.

Dimov v. Sloan Valve Company
Together with co-counsel, Wexler Wallace LLP filed a class action complaint in the Northern District of Illinois against Sloan Valve Company (“Sloan”) for design and manufacturing defects associated with its Series 503 Flushmate III Pressure-Assist Flushing Systems (“Flushmate System”). Plaintiffs bring the action on behalf of all Illinois, Missouri, and Connecticut owners of the Flushmate System, and allege that the system contains defective vessels prone to weld separation and leaks. The leaks cause the Flushmate System to burst at or near the vessel welds, releasing stored pressure. In the worst cases, Plaintiffs allege, the pressure can lift the toilet lid and shatter the tank, posing impact or laceration hazards to consumers. Read more.

DirecTV Satellite Receiver Lease Fee Litigation
Wexler Wallace is prosecuting a consumer class action in California federal court against DirecTV, where DirecTV customers allege they are the owners of the receivers they purchased at Best Buy stores. DirecTV contends that the receivers are subject to a “lease” agreement pursuant to which customers are charged monthly fees. Among other things, the case seeks a ruling that DirecTV customers own their equipment and DirecTV’s purported lease is invalid. Plaintiffs also seek corrective disclosures, a return of improperly charged lease fees, and a refund of non-return fees. Read more.

Extended Stay Residency Litigation -- Soroka v. Extended Stay, Inc. et al.
Wexler Wallace filed a class action complaint alleging that Extended Stay Hotels sought to avoid the landlord-tenant laws of California by requiring long term residents to sign new “leases” 29 days and 20 hours into their tenancy. By doing this, Extended Stay Hotels prevented its long term residents from obtaining the rights tenants have under California law, rights which would vest after a 30-day tenancy. Read more.

CVS Prescription Record Litigation -- Ortiz v. CVS Pharmacy, Inc. et al.
Wexler Wallace filed this class action on behalf of California consumers who were charged excessive fees by CVS Pharmacy for copies and/or searches of their prescription drug records. Despite California and federal laws that require CVS make prescription records available to patients and charge them reasonable, cost-based fees for inspecting, copying and retrieving such records, CVS has implemented a common practice of charging its customers excessive fees ranging from $35 to $50, charging such fees when no prescription records are ultimately provided. Read more.

APA Assessment Fee Litigation - Engum v. American Psychological Association, Inc. et al.
Wexler Wallace is appointed co-lead counsel in this action brought on behalf of current and former American Psychological Association (“APA”) members nationwide who were deceived into paying additional “special” or “practice” assessment fees along with their annual dues. Plaintiffs contend that the APA misled its membership in collecting these fees, and therefore improperly paid them to its political arm. Read more.

Webloyalty -- In re Webloyalty.com, Inc. Marketing and Sales Practices Litigation
Wexler Wallace served as Co-Lead Counsel in this consumer multidistrict litigation concerning deceptive Internet marketing and selling strategies, unauthorized charges on consumers' credit cards and non-cancellation of memberships. Consumers became enrolled in Webloyalty’s programs in the course of transactions for other online purchases, typically through “pop-up” advertisements. The Honorable Joseph L. Tauro approved an unprecedented nationwide settlement that, among other things, allowed consumers to recover up to 100% of unauthorized charges for enrollment in any Webloyalty membership program. Read more.