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19. Defendant regularly collects or attempts to collect debts asserted to be owed to others. 20. Defendant is regularly engaged, for profit, in the collection of debts allegedly owed by consumers. 21. The principal purpose of Defendant's business is the collection of such debts. 4 22. Defendant uses the...
win
30,593
(Violation of the Georgia Minimum Wage Statute) 11. Plaintiffs worked as employees hired by Defendants to provide services to medically home-bound clients of Defendants, at the residences of those clients. While their hourly rates of pay varied, all were subject to the same pay policies and practices as all othe...
win
241,555
2.1 guidelines; c. Regularly test user accessibility by blind or vision-impaired persons to ensure that Defendant’s Website complies under the WCAG 2.1 guidelines; and, d. Develop an accessibility policy that is clearly disclosed on Defendant’s Websites, with contact information for users to report accessibil...
lose
83,307
10. On or about November 15, 2019, Defendant sent an unsolicited facsimile to Plaintiff using a telephone facsimile machine, computer, or other device. See Exhibit A. Plaintiff received the Fax on a traditional stand-alone fax machine. 12. The Fax advertises the commercial availability or quality of Defendant’s...
win
146,210
15. Plaintiff never provided her cellular telephone number to RCI and never provided her consent – written or otherwise – to RCI to be contacted on her cellular telephone. 16. Nonetheless, within the last four years RCI began calling Plaintiff’s cellular telephone, number 614-xxx-0632, from numerous different te...
lose
233,127
15. Plaintiff brings this action on behalf of himself and on behalf of all others similarly situated (“The Class”). 16. Plaintiff represents, and is a member of, The Class defined as follows: “All persons in California whose inbound and outbound telephone conversations were monitored, recorded, eavesdropped up...
lose
341,716
17. Specifically, Plaintiff made a cash withdrawal from Defendant’s ATM at the following locations: (a) On or about September 1, 2012, Plaintiff made an electronic fund transfer at Defendant’s ATM located at 2306 Alcoa Highway, Alcoa, Tennessee 37701. Defendant charged Plaintiff a fee of $2.00 in connection wit...
lose
123,361
28. Weyerhaeuser’s TJI Joists with Flak Jacket Protection are part of its Trus Joist floor system, which, according to Weyerhaeuser, is a result of “[m]ore than 50 years of wood research and technology.” Weyerhaeuser has represented that “a survey of builders” determined that “TJI joists were the number one brand i...
lose
319,395
18. Plaintiff brings this action on behalf of himself and all others similarly situated, as a member of the proposed class (hereafter “The Class”) defined as follows: All persons within the United States who received any telephone call from Defendant or Defendant’s agent/s and/or employee/s to said person’s cellu...
win
380,840
11. Neither the scripted nor the pre-recorded message identifies the name of the debt collection company, that the call was an attempt to collect a debt, that any information obtained will be used for that purpose, or that the communication was from a debt collector. 12. PLAINTIFF is informed and believes and the...
lose
245,096
18. At all relevant times, Plaintiff and those similarly situated were employees of Defendants, DOES 1 to 10, and each of them, and were engaged in the occupation of computer analyst, computer programmer, computer technician, network technician, or other information technology role not properly classified as an exem...
win
127,207
24. Defendants are an oil and natural gas exploration and production company operating throughout the United States, including Ohio and Pennsylvania. 25. The proposed Putative Class Members worked for Defendants as Solids Control Technicians. Defendant paid all its Solids Control Technicians like Plaintiff a sal...
win
332,242
2.0 guidelines; c. Regularly test user accessibility by blind or vision-impaired persons to ensure that Defendant’s Website complies under the WCAG 2.1 guidelines; and, d. Develop an accessibility policy that is clearly disclosed on Defendant’s Websites, with contact information for users to report accessibil...
win
121,696
(Class Action Alleging Violations of Texas Common Law) A. VIOLATIONS OF TEXAS COMMON LAW (Collective Action Alleging FLSA Violations) 24. Defendants are a global customer engagement and contact center with fifteen contact centers, that provide customer services, technical support services, and sales and marketi...
win
317,168
1. An award of the maximum statutory damages for Jerry K. Wong and the Plaintiff Class pursuant to 15 U.S.C. §1692k; 11. As more particularly set forth infra at Paragraphs 12-13, within the one year immediately preceding the filing of this Complaint, GT placed telephone calls to the Plaintiff and left telephonic v...
lose
163,520
(APPLICABLE TO ALL CLAIMS FOR RELIEF) A. Related Case (Trauth) and Defendants’ Prior Wage Scheme: 1. Spearmint Rhino Exerts Control as Employers of the Plaintiff and Putative Class and Collective Action Members. 2. Working as an Exotic Dancer Employee of Spearmint Rhino Does Not Require Special Skill or Init...
win
348,121
10. Defendant’s calls constituted calls that were not for emergency purposes as defined by 47 U.S.C. § 227(b)(1)(A). 11. Defendant’s calls were placed to telephone number assigned to a cellular telephone service for which Plaintiff incur a charge for incoming calls pursuant to 47 U.S.C. § 227(b)(1). 13. Plai...
lose
264,945
(Collective Action Claim for Violation of the FLSA) (Individual Claim for Violation of the FLSA) 1.5x their regular wages for all hours worked over 40 in a week, unless an employee meets certain exemption requirements of 29 U.S.C. § 213 and all accompanying Department of Labor regulations. 10. Plaintiff repeat...
win
439,846
10. The section of Pipeline that ruptured was 30 inches in diameter and was buried approximately six feet underground prior to the incident forming the basis of this suit. 11. Upon information and belief, the Pipeline was constructed in 1966 and its interior and exterior walls had corroded to such an extent that a rup...
lose
145,761
30. Plaintiff re-states, re-alleges, and incorporates herein by reference, paragraphs one (1) through twenty nine (29) as if set forth fully in this cause of action. 31. This cause of action is brought on behalf of Plaintiff and the members of a class. 32. The class consists of all persons whom Defendant’s reco...
win
311,262
1. Plaintiff Able Home Health, LLC brings this action to secure redress for the actions of defendants Care One Home Health Services, Inc., and Oasis Answers, Inc., in sending or causing the sending of unsolicited advertisements to telephone facsimile machines in violation of the Telephone Consumer Protection Act, 47 U...
lose
368,110
10. At all times relevant, BERKS regularly collected or attempted to collect debts owed or due or asserted to be owed or due another, which debts were incurred primarily for personal, family or household purposes. 11. At all times relevant, BERKS used the mail, telephone or other instruments of interstate commerce...
win
384,983
10. At no time did Plaintiff ever enter into a business relationship with Defendant. 11. At no time did Plaintiff provide his current cellular telephone number to Defendant through any medium. 12. Plaintiff had never heard of One Planet or its subsidiary “HomeGain” prior to receiving the calls from them. 13. ...
lose
139,006
13. Plaintiff brings claims, pursuant to the Federal Rules of Civil Procedure (hereinafter “FRCP”) Rule 23, individually and on behalf of the following nationwide consumer class (the “Class”): • The class consists of all persons whom Defendant's records reflect were sent a collection letter in substantially the sa...
lose
11,301
13. Defendants operate a drop-off and do-it-yourself Laundromat in New York, New York. 14. Ms. Gonzalez was employed by Defendants from in or about February 2010 through July 2015 as a laundry worker. 15. When Ms. Gonzalez began her employment with Defendants, she was required to work 7 days per week and u...
lose
147,003
26. Plaintiff incorporates the preceding paragraphs by reference as if set forth fully in this section. 27. Defendant employs/employed numerous oilfield workers in connection with its drilling operations throughout locations in the United States. Those workers work/worked on and/or in support of Defendant’s dril...
win
229,074
1.0 to 2.0 kcal/g less than sucrose or other carbohydrates, and since tolerance for sugar alcohol intake is limited, their impact on overall energy balance is likely to be, at most, approximately 20 to 40 kcal/day. Thomas Wolever, M.D. Ph.D., “Sugar Alcohol and Diabetes: A Review,” Canadian Journal of Diabetes 200...
win
286,866
(Violation of TILA and Regulation Z) 26. On or about September 23, 2005, Plaintiff took out a mortgage, secured by her residential property, located at 4382 Dongounery Cove, in Memphis, Tennessee (“the Property”), for the principal amount of $156,370.00 (“the Mortgage”). The footer of the Mortgage’s Deed of Trus...
win
191,124
11. In or around October 2012 through November 2012, Plaintiff Amanda Sumpter was housed as an inmate at the Wayne County Jail. 12. During her incarceration at the Wayne County Jail, Plaintiff Sumpter was subjected to unreasonable, unlawful, and unconstitutional strip searches conducted by agents and/or employee...
win
91,215
14. On or about July 2, 2014, First Step mailed a debt collection letter to Plaintiff regarding an alleged debt. A copy of this letter is attached to this complaint as Exhibit A. 15. Upon information and belief, the alleged debt referred to in Exhibit A was alleged personal, “CareCredit” branded credit card accou...
lose
401,587
55. Despite these risks, Plaintiff Badger plans to return to Defendants’ facilities, as she travels frequently throughout the Pittsburgh region visiting friends and family for shopping and dining, including to the Subject Properties. Furthermore, Plaintiff Badger intends to return to Defendants’ facilities to asc...
lose
117,297
40. Plaintiff brings this action on behalf of himself and on behalf of all others similarly situated (“the Class”). 41. Plaintiff represents, and is a member of the Class, consisting of: “all persons within the United States who received a text message substantially similar or identical to the text messages descri...
lose
426,367
(Breach of Fiduciary Duty) (Declaratory Judgment) (Gross Negligence) (Negligence) (Uniust Enrichment) 1.220(b)(2), which states: "the party opposing the class has acted or refused to act on grounds generally applicable to all the members of the class, thereby making final injunctive relief or declaratory r...
lose
272,473
7.   From December 29, 2014, through August 1, 2017, Helix employed Plaintiff as a Tool Pusher. In that role, his primary duty was to supervise and coordinate the activities of workers engaged in drilling on an oil rig. 9.   Helix’s payment of a day rate without overtime to Plaintiff and similarly situated indivi...
lose
288,919
2.1 guidelines; c. Regularly test user accessibility by blind or vision-impaired persons to ensure that Defendant’s Website complies under the WCAG 2.1 guidelines; and, d. Develop an accessibility policy that is clearly disclosed on Defendant’s Websites, with contact information for users to report accessibil...
lose
353,307
(Collective Action Claim for Violation of FLSA) (Individual Claims for Violation of FLSA) (Individual Claims for Violation of the AMWA) 26. Plaintiffs repeat and re-allege all the preceding paragraphs of this Original Complaint as if fully set forth in this section. 27. During part of the three (3) years pri...
win
320,652
2.0 guidelines; c. Regularly test user accessibility by blind or vision-impaired persons to ensure that Defendant’s Website complies under the WCAG 2.0 guidelines; and, d. Develop an accessibility policy that is clearly disclosed on Defendant’s Website, with contact information for users to report accessibility-...
win
183,213
(On behalf of Plaintiff and the Class) 45. Plaintiff incorporates by reference the foregoing allegations as if fully set forth herein. 46. Defendant made unsolicited text message calls to cellular telephone numbers belonging to Plaintiff and the other members of the Class en masse without their prior express con...
lose
101,474
(Violations of the FDCPA) 21. Plaintiff repeats, reiterates and incorporates the allegations contained in paragraphs numbered “1” through “20” herein with the same force and effect as if the same were set forth at length herein. 22. Upon information and belief, Defendant, on behalf of itself or a third-party, ...
lose
424,269
6. Beginning in or around October 2019, Defendant contacted Plaintiff on Plaintiff’s cellular telephone number ending in -7919, in an attempt to solicit Plaintiff to purchase Defendant’s s services. 7. Defendant used an “automatic telephone dialing system” as defined by 47 U.S.C. § 227(a)(1) to place its call ...
lose
323,740
13. On or about August 4, 2012, Plaintiff withdrew funds from the ATM inside Lynnway Mart, located at 800-810 Lynnway, Lynn, Massachusetts (the “Lynnway ATM”). 14. At the time Plaintiff used the Lynnway ATM, it was owned and operated by Defendant. 15. At the time Plaintiff used the Lynnway ATM, a fee notice was...
win
451,903
103. Plaintiff brings this action on behalf of herself and all others similarly situated (the “Class”) in accordance with Rule 23(a), (b)(2), and (b)(3) of the Federal Rules of Civil Procedure and seeks certification of the following Class against Defendant: All persons who purchased, on or after April 4, 2010 Defe...
win
326,764
27. It is, upon information and belief, Defendant’s policy and practice to deny the plaintiff, along with other blind or visually-impaired users, access to Defendant’s website, and to therefore specifically deny the goods and services that are offered and are heavily integrated with Defendant’s locations. 28. Due ...
win
52,104
(Violation of the Fair Labor Standards Act) 10. Defendant has been the “employer” of Plaintiff and similarly situated hourly-paid employees within the meaning of 29 U.S.C, § 203(d) and § 203(r) at all times material to this action. 11. At all times material to this action, Plaintiff and those similarly situated...
win
374,709
17. Nokia is a network and technology company that provides hardware, software, and services for telecommunications operators and enterprises and provides fixed networking solutions. 18. In November 2016, Nokia closed its acquisition of Alcatel-Lucent, a company that offers fixed, IP, optical applications and...
lose
183,617
12. Beginning in or around December of 2016, Defendants contacted Plaintiff on his telephone facsimile numbers ending in -6535 in an effort to sell or solicit their services. 13. Defendants contacted Plaintiff via facsimile from telephone numbers confirmed to belong to Defendants, including without limitation (...
lose
124,828
12. Plaintiffs bring this claim on behalf of the following class, pursuant to Fed. R. Civ. P. 23(a) and 23(b)(3): 13. The Class consists of (a) all individuals with addresses in the State of California (b) to whom Defendant (c) sent an initial collection letter attempting to collect a consumer debt (d) without c...
win
230,994
10. Plaintiff brings this claim on behalf of the following case, pursuant to Fed. R. Civ. P. 23(a) and 23(b)(3). 11. The Class consists of: a. all individual consumers; b. to whom Defendant sent a collection letter attempting to collect a consumer debt; c. for which the debt had already become a judgement; d....
win
260,032
27. Named Plaintiff and Collective Plaintiffs worked for Defendants in the Southern District of Florida at some point in the three years preceding the date the instant action was filed. 28. Named Plaintiff and Collective Plaintiffs are similarly situated, have substantially similar job duties, have substantially ...
win
234,709
12. An SMS message is a text message call directed to a wireless device through the use of the telephone number assigned to the device. When an SMS message call is made, the recipient’s cell phone rings or vibrates, alerting him or her that a call is being received. 13 Unlike other forms of advertising, text mes...
lose
160,143
(Breach of Implied and Written Warranties Under Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq.) (Breach of Implied Warranty pursuant to Song-Beverly Consumer Warranty Act, California Civil Code §§ 1792 and 1791.1 et seq., and Cal. Comm. Code §2314) (Breach of Express Warranty, Cal. Com. Code § 2313) (Vi...
win
100,194
34. Plaintiff brings the First Cause of Action, pursuant to the FLSA, 29 U.S.C. § 216(b), on behalf of himself and all similarly situated persons who have worked as TLs at Sykes nationwide on or after February 17, 2013, who elect to opt-in to this action (the “FLSA Collective”). 35. Sykes is liable under the FL...
win
22,169
11. On information and belief, it is possible to replicate a card number using the last four digits of the card number and the expiration date. 12. Plaintiff brings this action on behalf of a Class pursuant to Fed. R. Civ. P. Rule 23(a) and (b)(3). 13. The Class is defined as: All persons to whom Defendant prov...
lose
91,072
13. At all times relevant, Plaintiff was a citizen of the County of Alameda, State of California. Plaintiff is, and at all times mentioned herein was, a “person” as defined by 47 U.S.C. § 153(39). 14. Defendant is, and at all times mentioned herein was, a “person,” as defined by 47 U.S.C. § 153(39). 15. At a...
win
317,457
1. The employer is required or empowered to do so by state or federal law. 2. The employer has prior written authorization from the employee. An employer shall not withhold wages under a written authorization from the employee past the date specified by the employee in a written revocation of the authorization, un...
win
325,167
13. Defendant LAS does more than $500,000.00 per year in business. 27. During the relevant time period, Defendants violated and continue to violate the provisions of sections 6 and 7 of the FLSA, 29 U.S.C §§ 206-7, and 215(a)(2), by employing employees in an enterprise engaged in commerce or in the production of...
lose
18,749
(Fair Labor Standards Act – Unpaid Overtime) (New Jersey Wage and Hour Law – Unpaid Overtime) 48. Plaintiff brings the First Claim against defendants as a collective action pursuant to the FLSA, 29 U.S.C. § 216(b) on behalf of himself and other similarly situated individuals, which include all other non-tipped,...
win
248,319
21. Defendants committed the following alleged acts knowingly, intentionally and willfully against the Plaintiff, the FLSA Collective Plaintiffs, and the Class. 22. Pursuant to NYCRR Part 146-2.2 and 29 USC § 203(m), an employer cannot take credit towards the basic minimum wage if a service employee or food servi...
win
169,508
(Mo. Rev. Stat. § 290.500, et seq.) 12. Plaintiff was hourly, non-exempt employee. 13. Plaintiff and other hourly, non-exempt employees were required to perform work in excess of forty (40) hours per week as an integral and indispensable part of the principle activities of performing their jobs. 14. Plaint...
win
201,817
(Violation of FLSA Overtime/Unlawful Deduction/Recordkeeping Provisions) 113. Plaintiffs repeats and realleges all paragraphs above as though fully set forth herein. 114. At all times relevant to this action, Defendants were Plaintiffs’ employers (and employers of the putative FLSA Class members) within the mean...
win
392,810
1. Plaintiff repeats, reiterates and incorporates the allegations contained in paragraphs above herein with the same force and effect as if the same were set forth at length herein. 13. Plaintiff brings this claim on behalf of the following case, pursuant to Fed. R. Civ. P. 23(a) and 23(b)(3). 15. The identiti...
win
57,152
(Against All Defendants For Violations of Section 10(b) And Rule 10b-5 Promulgated Thereunder) (Violations of Section 20(a) of the Exchange Act Against The Individual Defendants) 21. Juniper designs, develops, and sells products and services that together provide its customers with a high-performance network i...
lose
64,738
20. Plaintiff brings this action individually and on behalf of all others similarly situated, as a member the two proposed classes (hereafter, jointly, “The Classes”). 21. The class concerning the ATDS claim for no prior express consent (hereafter “The ATDS Class”) is defined as follows: All persons within the...
lose
296,225
10. Upon information and belief, was an Amazon.com-branded credit card account, and the alleged debt was incurred for personal, family or household purposes, including purchases of household goods on Amazon’s website. Exhibit A 11. is a form letter, generated by computer, and with the information specific to ...
win
443,469
10. At all times hereinafter mentioned, Defendant has been an enterprise within the meaning of Section 3(r) of the FLSA 29 U.S.C. § 203(r). 11. At all times hereinafter mentioned, Defendant has been an enterprise engaged in commerce or in the production of goods for commerce within the meaning of Section 3(s)(1...
lose
166,768
1.6050P-1(d)(3), forgiveness of Interest is not a reportable event and would not require a copy of 1099C to be filed with the IRS. The least sophisticated consumer test is an objective inquiry directed toward "ensuring that the FDCPA protects all consumers, the gullible as well as the shrewd." Clomon, 988 F.2d at 13...
win
44,759
18. During their employment with Defendant, Named Plaintiffs and Defendant’s other mobile experts and store leads worked as hourly, non-exempt employees. 19. Defendant automatically deducted 0.5 hours from Named Plaintiffs’ and Defendant’s other mobile experts’ and store leads’ compensable hours on each shift fo...
win
316,122
13. Defendants sent advertisements by facsimile to Plaintiff and a class of similarly-situated persons. Whether Defendants did so directly or with the assistance of a third party (yet unknown to Plaintiff), Defendants are directly liable for violating the TCPA. 14. Plaintiff has received at least one of Defendan...
lose
415,231
20. Plaintiff brings this action as a class action on behalf of himself and the other public stockholders of Keryx (the “Class”). Excluded from the Class are defendants herein and any person, firm, trust, corporation, or other entity related to or affiliated with any defendant. 21. This action is properly mainta...
lose
276,452
(Violation of New York State Human Rights Law, N.Y. Exec. Law Article 15 (Executive Law § 292 et seq.)) (Violation of New York City Human Rights Law, N.Y.C. Administrative Code § 8-102, et seq.) (Violation of 42 U.S.C. §§ 12181 et seq. – Title III of the Americans with Disabilities Act) 25. Defendant, R & E, In...
lose
261,014
18. On February 27, 2015, LendingClub filed its annual report on Form 10-K for the year ended December 31, 2014 (“2014 10-K”) with the SEC which provided the Company’s annual financial results and position. The 2014 10-K was signed by Defendants Laplanche and Dolan. The 2014 10-K contained signed certifications pur...
lose
443,608
16. Plaintiffs seek to bring this suit to recover from Defendants unpaid minimum wage and overtime compensation and liquidated damages pursuant to the applicable provisions of the FLSA, 29 U.S.C. § 216(b), individually, on their own behalf, as well as on behalf of those in the following collective: Current and for...
win
371,249
I. Glyphosate and the Enzyme It Targets 22. Glyphosate, the active ingredient in Roundup, is a non-selective biocide, meaning that it will kill most plants and many simple organisms. Unlike selective biocides, glyphosate cannot be used on most conventional lawns, as it would kill grass that has not been genetica...
win
31,514
10. Defendant contacted or attempted to contact Plaintiff from multiple telephone numbers. 15. Plaintiff brings this action individually and on behalf of all others similarly situated, as a member the proposed class (hereafter, jointly, “The Class”). 16. The class concerning the ATDS claim for no prior expre...
lose
176,111
18. The United States Government, through the Environmental Protection Agency (“EPA”), has passed and enforced laws and regulations designed to protect United States citizens and the environment of the United States from pollutants, chemicals, and agents known to cause disease and/or death in humans and that are k...
win
256,745
19. Plaintiff is, and has been at all times relevant to this action, the regular and sole user of his cellular telephone number: 940-631-XXXX. 20. At 3:48 p.m. CDT on May 22, 2018, Plaintiff received a text message on his cellular telephone from SMS short code 30838 stating: The Fresh Start Program can reduce o...
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254,493
10. Abacus purchased HotDocs in November, 2017.3 11. The text messages that Plaintiff received state that HotDocs requires an update: 26. Plaintiff brings this action pursuant to Federal Rule of Civil Procedure 23(b)(2) and Rule 23(b)(3) on behalf of himself and all others similarly situated and seeks certifica...
win
158,493
14. Jo Malone owns and operates stores throughout the United States, including locations at 330 Bleecker Street, New York, New York, 1048 Lexington Avenue, New York, New York, and 225 Liberty Street, New York, New York. Jo Malone also sells its products at third-party retailers throughout the United States includ...
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112,621
19. Prior to May 15, 2017, Plaintiff registered his cellular telephone number on the National Do Not Call registry to try to avoid receiving unsolicited telemarketing calls on his cell phone. 20. On May 15, 2017, at 10:58 a.m., Plaintiff received a telemarketing sales call from Defendant, or on Defendant’s beh...
lose
369,783
10. Beginning in or around July 2015 Defendants contacted Plaintiff Abante Rooter and Plumbing Inc -7511, -5154, -7210 and -1016, in an attempt to solicit Plaintiff to purchase Defendants’ services. 18. Plaintiffs bring this action individually and on behalf of all others similarly situated, as a member the ...
lose
209,874
26. 3-D is an oilfield services company. 27. To provide services for its client, 3-D hires personnel to perform the necessary work. 28. Over the past three years, 3-D employed dozens of individuals, including Hembree, the Day Rate Workers, the New Mexico Workers to provide these services for its clients. ...
lose
127,351
44. Plaintiff incorporates by reference all of the above paragraphs of this Complaint as though fully stated herein. 48. Plaintiff incorporates by reference all of the above paragraphs of this Complaint as though fully stated herein. 49. The foregoing acts and omissions of Defendants constitute numerous and mult...
lose
347,523
(§5-423 General Obligations Law; §225.10 Penal Law) 12. Plaintiffs bring this action as a class action pursuant to Federal Rule of Civil Procedure 23(a), and (b)(3) on behalf of a Class consisting of all those who entered the Lottery in 2010, 2011, 2012, 2013, 2014 and 2015, inclusive, for a chance of qualifying for t...
win
355,724
17. Plaintiff re-avers and re-alleges all allegations contained in paragraphs 1 through 16 above as if fully set forth herein. 18. Plaintiff is entitled to be paid time and one-half for each hour worked in excess of forty (40) per workweek and to have such overtime calculated in accordance with Federal Regulations, to...
win
430,543
31. Plaintiff, RICKY ESPINAL, repeats and re-alleges Paragraphs 14-30 as though fully set forth. 32. MCM used a third-party vendor to mail MCM’s Collection Letters to Plaintiff as well as other similarly formatted Collection Letters to other Florida consumers with addresses within this Judicial District. 33. ...
win
6,425
37. Named Plaintiffs were employed and currently work for Defendants in Defendants’ Northern Virginia branch. 38. Plaintiffs’ job duties include safely and appropriately setting up work-zones in accordance with state or local Department of Transportation and Safety policies and procedures; reading, understanding...
lose
124,073
39. Plaintiff Canary is, and at all times mentioned herein was, a “person” as defined by Plaintiff Canary STATUTORY VIOLATIONS OF THE TELEPHONE CONSUMER PROTECTION ACT 47 U.S.C. § 227 ET SEQ. 128. Plaintiff incorporates by reference the foregoing paragraphs of this Complaint as if fully set forth herein. 129....
lose
324,337
25. On or about June 27, 2019, Defendant called Plaintiff’s cellular telephone number ending in 6638 (“6638 Number”). 26. Upon Plaintiff answering the phone, Plaintiff heard a very long and noticeable pause before he was greeted by a live person. This pause is indicative of automatic telephone dialing system (...
win
132,432
23. On February 8, 2010, Plaintiff Valdes registered his cellular phone number on the DNC to avoid receiving unsolicited phone calls. Since that time, the cellular phone number has been primarily for personal use. Plaintiff has never held the cellular phone number out to the public in connection with a business. ...
win
255,250
14. Plaintiff restates each and every allegation set forth in the preceding paragraphs of this Complaint as if fully rewritten. 15. Plaintiff began her education with Chamberlain University in September 2018, by enrolling in the University’s Bachelor of Science in Nursing (“BSN”) program. 16. Prior to Plaintif...
lose
370,474
10. Defendant used an “automatic telephone dialing system”, as defined by 47 U.S.C. § 227(a)(1) to place its call to Plaintiffs seeking to solicit its services to Plaintiffs Case3:15-cv-00939-VC Document1 Filed02/28/15 Page3 of 9 14. Plaintiffs bring this action individually and on behalf of all others s...
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300,850
(Breach of Contract) (Money Had And Received) (Unjust Enrichment) 11. Plaintiff Daniel Zagoria is a graduate student at NYU and is enrolled in a Master’s Degree program in Real Estate Investment and Finance. He has been enrolled at NYU since the 2018 academic year and is scheduled to graduate with a Master...
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266,570
18. Palmer offers and sells extended auto warranties and other products and services to American consumers, including to Oregon residents. Palmer generally relies on third party telemarketing agents that it, or its sister entity NCWC, engages to execute telemarketing campaigns by making calls to market or sell Pa...
win
403,469
10. The Policy covers for damages resulting from business interruption when there is property damage, which is standard in most all-risk commercial property insurance policies, along with coverage for extra expenses. 11. The Policy also covers the actual loss of business income sustained and the actual, necessar...
lose
304,777
10. Defendants contacted Plaintiff via facsimile from telephone numbers confirmed to belong to Defendants. 11. Defendants contacted Plaintiff on or around April 2018 in an effort to solicit its business. 12. Defendants’ messages constituted “telephone solicitation” as defined by the TCPA, 47 U.S.C. § 227(a)(4...
win
37,984
11. At all times relevant, Plaintiff was a citizen of the State of California. Plaintiff is, and at all times mentioned herein was, a “person” as defined by 29. Plaintiff brings this action on behalf of herself and on behalf of all others similarly situated (the “Class”). 41. Plaintiff incorporates by referenc...
win
197,819
60. Plaintiffs bring the claims in this Complaint arising out of the NYLL under Rule 23 of the Federal Rules of Civil Procedure on behalf of themselves and a class consisting of all persons who have worked as waiters, busboys, bartenders, and runners for defendants at Russell’s (the “waitstaff”) for the past six ye...
win
250,719
18. On March 3, 2015, Plaintiff entered into an Apartment Lease to rent an apartment at Harbour Club Apartments. 4   19. A redacted copy of the Apartment Lease and other documents that were involved in the rental of the apartment at 48811 Denton Rd Bld (3) Apt (1), Belleville, Michigan is attached hereto as Ex...
win
182,880
38. Plaintiff has actual knowledge that the FLSA Class Members have also been denied overtime pay for hours worked over forty (40) per workweek as well. Plaintiff worked with and communicated with other Appraisers, and as such, has personal knowledge of their existence, status as Defendant’s employees, salary com...
win
392,638
29. Defendant offers the commercial website, https://www.olympiasports.net/, to the public. The website offers features which should allow all consumers to access the goods and services offered by the Defendant and which Defendant ensures delivery of such goods throughout the United States including New York S...
win