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23. In the First Cause of Action, pursuant to 29 U.S.C. § 207, Plaintiff seeks to prosecute her FLSA claims as a collective action on behalf of all persons who are or were formerly employed by Defendants as SMs, as well as other similarly situated current and former employees working in comparable positions but dif...
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87,063
23. Plaintiff repeats and realleges all preceding paragraphs of the Complaint inclusive, as if fully set forth herein. 24. Plaintiff worked as a Server for Defendants at the IHOP restaurant located at 2008 N Mountain Rd., Wausau, WI 54401 from approximately March 2013 through July 2014. 25. Plaintiff received ...
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79,797
12. Plaintiff incorporates by reference Paragraphs 1-11 as though fully set forth herein. 13. Plaintiff sustained injuries when she was rear-ended by another car while driving in Key West in May of 2015. 14. She subsequently received treatment for her injuries at the Hospital and incurred 30. Plaintiff incorp...
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322,012
12. Employers seeking the admission of H-2A workers must first file an application for temporary employment certification with the DOL. 20 C.F.R. § 655.130. 13. The temporary employment certification application must include a job offer, commonly referred to as a “clearance order” or “job order,” that complies wit...
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220,329
12. Plaintiffs bring claims for relief as a collective action pursuant to FLSA Section 16(b), 29 U.S.C. § 216(b), on behalf of all non-exempt persons, including, but not limited to waiters, servers, runners, delivery persons, cooks, dishwashers, and food preparers employed by Defendants on or after the date that is...
win
9,457
26. Beginning on or around June 18, 2020, Defendant caused numerous telephone calls, prerecorded voicemails, and text messages to be transmitted to Plaintiff’s cellular telephone number, starting with “904” and ending in “4111” (the “4111 Number”). 28. Subsequent to June 18, 2020, Defendant caused numerous other ...
win
288,564
20. Plaintiff brings this class action on behalf of itself and all others similarly situated under rules 23(a) and 23(b)(1)-(3) of the Federal Rules of Civil Procedure. 21. Plaintiff seeks to represent three classes (the “Classes”) of individuals, each defined as follows: Class A: All persons to whom, from four...
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429,990
27. On August 23, 2018, Defendant caused the following automated text message to be transmitted to Plaintiff’s cellular telephone number ending in 9070 (“9070 Number”): 29. Specifically, Defendant asks the recipient of the text message to purchase a membership for its gym. 30. Upon information and belief, the...
win
244,205
22. Plaintiff brings this action on behalf of himself and on behalf of and Class Members of the proposed Class pursuant to Federal Rules of Civil Procedure 23(a) and (b)(3) and/or (b)(2). 23. Plaintiff’s propose to represent the following Class consisting of and defined as follows: All persons within the United ...
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26,456
11. Plaintiff re-alleges and incorporates by reference the above paragraphs as if fully set forth herein. 12. RingCentral sells a cloud-based unified telecommunications system and collaboration solutions. This system, used in healthcare, financial services, real estate, retail stores, and enterprises, is a co...
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59,688
28. Defendants have been attempting to collect from plaintiff an alleged credit card debt incurred, if at all, for personal, family or household purposes and not for business purposes. 29. On or about January 7, 2015, FNCB, acting on behalf of LVNV, and at the direction of Resurgent, sent plaintiff the letter attached...
win
156,815
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 accessibili...
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152,398
14. Title IV of the Higher Education Act of 1965 (as amended) (“HEA”), 20 U.S.C. § 1070 et seq., governs the administration of the federal student loan program. 16. The Department reported that, in fiscal year 2018 alone, it garnished over $840 million from borrowers with federal Direct Loans. See Office of Fed...
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414,465
21. Citizens is a mortgage “servicer” as that term is defined by 12 CFR § 1024.2(b) and 12 U.S.C. § 2605(i)(2). Citizens is the current servicer of Plaintiff’s and Class (defined below) members’ notes, and mortgages on real property that secure those notes (collectively referred to hereinafter as the “loans”). 22...
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131,372
15. Sales tax is a consumption tax on the purchase of goods or services assessed by some states and municipalities. 16. A retail transaction is only subject to sales tax in the taxing authority where the goods are delivered. 17. For example, when a buyer and seller reside in the same state, and the buyer takes...
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306,810
10. The putative collective of similarly situated employees consists of all other Extradition Agents employed by Defendant within the last three years. These similarly situated persons will be referred to as “Members of the Collective” or “the Collective.” 11. At all times material hereto, Plaintiff and Members ...
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13,336
1. This is a class action lawsuit on behalf of all people who paid tuition and fees for the Spring 2020 academic semester at Stevens, and who, because of Defendant’s response to the Novel Coronavirus Disease 2019 (“COVID-19”) pandemic, lost the benefit of the education for which they paid, and/or the services for w...
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261,068
10. Uber is a San Francisco-based car service that provides transportation service in cities throughout the country, including in California, via an on-demand dispatch system. 11. Uber offers customers the ability to hail a car service driver on a mobile phone application. 12. Uber’s website has advertised t...
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374,178
22. Plaintiff seeks conditional certification of this case as a collective action under 29 U.S.C. § 216(b). See also, Mooney v. Aramco Servs. Co., 54 F.3d 1207 (5th Cir. 1995). The “similarly situated” standard at the initial conditional certification stage is lenient, plaintiff’s burden is not heavy, the ev...
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448,885
16. Defendant operates Southern Komfort Kitchen, a restaurant in La Porte, Texas. 17. Defendant employs wait staff to provide services to its restaurant patrons. 18. Plaintiff was employed as a waitress at Defendant’s restaurant beginning in February 2015 and ending on January 29, 2016. Plaintiff worked 35...
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6,164
11. Get Together, Inc. created an app called IRL which is designed to allow consumers to interact with friends and relatives within the app and to plan events and get-togethers. 12. Defendant Scott Banister is the co-founder of the IRL app3 4 which was designed to use ‘growth hacking’ to collect contact informat...
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23,783
22. At the time of her employment, Plaintiff Howard was a full-time high school student at Andy Dekany High School. 23. Plaintiff Howard was seventeen (17) years of age during her employment with Defendant, in 2018. 24. Plaintiff Howard was employed as a team member by the Defendant from approximately Nov...
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140,655
13. Plaintiff brings this cause of action on behalf of herself and on 8 behalf of the CLASS of all persons similarly situated, as more fully explained 9 below and above. This action is brought and may properly be maintained as a 10 class action pursuant to the provisions of Federal Rules of Civil Procedure 11 ("...
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403,078
10. The Proof of Claim admitted that the last transaction and payment date was June 10, 2002, over eleven years prior to the Plaintiff’s bankruptcy filing, and that the debt was charged off on January 31, 2003, over ten years prior to the bankruptcy filing. See Exhibit A, page 3. 12. Defendant’s Proof of Clai...
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359,976
10. According to its website, Execu|Search has placed 62,000 people in new jobs for 27,000 companies. As such, it is reasonable that there would be at least 50 members in each Class. 11. The group of potential Class members is so numerous as to make it impracticable to bring them all before the Court, for whic...
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82,507
17. Plaintiff brings this action individually and as a class action on behalf of all persons similarly situated in the State of New York. 18. Plaintiff seeks to certify a class of: All consumer to who Defendant CCS sent a collection letter substantially and materially similar to the Letter sent to Plaintiff, w...
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22,557
22. On or around February of 2021, Plaintiff visited the Website, using a popular screen reading software called NonVisual Desktop Access, with the intent of browsing and potentially making a purchase. 24. As a result of visiting the Website, Plaintiff is aware that the Website includes multiple barriers making...
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109,211
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-...
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24,952
A. Breastfeeding is a National Public Health Policy. CARE FIRST BLUECROSS BLUESHIELD; and CAREFIRST BLUECHOICE, INC., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 16-CV-2162 HOSPITALIZATION AND MEDICAL SERVICES, INC. d/b/a CA...
win
433,753
11. California Labor Code section 1194 provides that notwithstanding any agreement to work for a lesser wage, an employee receiving less than the legal overtime compensation is entitled to recover in a civil action the unpaid balance of their overtime compensation, including interest thereon, reasonable attorneys' ...
win
439,797
10. Plaintiff Arnicia was employed by Defendants from September 12, 2018 until March 2019. 11. Plaintiffs both signed a document entitled “Employee Policies and Procedures.” 12. The Policies and Procedures state that Plaintiffs’ pay would be “$5- checkouts/stayovers, $2.50-part cleaning, $1 extra-stripped $10 ...
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276,242
-13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 51. Pursuant to the Seventh Amendment to the Constitution of the United States of America, Plaintiff is entitled to, and demands, a trial by jury. Respectfully Submitted this 5th Day of October, 2016. 8. ...
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54,153
25. Defendant operates multiple stores throughout the United States, including its store located at 2209 W 32nd Avenue Denver, CO 80211. 26. Defendant offers its Website in connection with its physical locations. The goods and services offered by Defendant through its Website include but are not limited to the f...
win
383,665
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 Websites, with contact information for users to report accessibil...
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446,561
13. On or about May 9, 2016, Plaintiff entered into an Apartment Rental Contract (the “Contract”) with Hamilton Point Property Management, LLC (“Hamilton”), a Delaware limited liability company, the subject of which was a rental apartment at Creekside Corners in Lithonia, Georgia. 15. In December 2016, due to fl...
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185,996
) BUREAU, INC., ) ) Defendant. )
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244,122
16. On September 18, 2017, Plaintiff opened a bag of Manna Pro Products, LLC Select Series rabbit food in order to feed her rabbits. This bag was clearly marked with a label stating “Contains No Corn: Helps Reduce The Risk of Digestive Disorders.” The ingredients label similarly omitted any reference to corn as an...
win
266,159
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...
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451,854
17. Sometime in 2019 Plaintiff incurred a liability to Progressive Insurance related to an unpaid automobile insurance premium. 18. On or about January 27, 2021 Swiecicki received a dunning notice from Caine, as Caine & Weiner, a copy of which is attached as Exhibit 1. (the “Letter Notice”) 19. Exhibit 1 does ...
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16,922
1. The WSJ Channel sends its users’ video viewing activity and uniquely identifying PII to data analytics and advertising company mDialog. 1. mDialog and other analytics and advertising companies maintain massive digital dossiers on consumers. 12. At no time during this process, however, does Wall Street J...
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377,351
13. On August 28, 2014, BHD transmitted a facsimile advertisement to Barron’s and, based on the generic nature of the content and the proximity of the Plaintiff’s business to the business of BHD, numerous other entities throughout the United States (“Junk Fax”). A copy of the Junk Fax is attached at Exhibit 1. ...
win
51,468
(Violation of New York State Human Rights Law, N.Y. Exec. Law, Article 15 (Executive Law § 292 et seq.) (on behalf of Plaintiff and New York subclass) (Violation of New York City Human Rights Law, N.Y.C. Administrative Code § 8-102, et seq.) (on behalf of Plaintiff and New York subclass) (Violation of 42 U.S.C....
win
305,042
(FLSA Overtime – Class) (FLSA Overtime – Individual Plaintiffs) 10. From approximately December of 2012 until approximately June of 2013, Plaintiff RONALD LOREDO worked as a landscape maintenance worker for the Defendant. 11. The Defendant recruited, hired, and employed Plaintiffs and the Class Members to p...
win
214,870
12. At all times relevant, Plaintiff is, and at all times mentioned herein was, a “person” as defined by 47 U.S.C. § 153(39). 13. On or about October 24, 2014, Plaintiff was involved in an automobile accident with another individual. This other individual was insured by Mercury Insurance Group (hereafter “Mer...
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352,194
(FLSA Minimum Wage Violations) (FLSA Overtime Violations) (OPPA Violations) (Ohio Overtime Violations) (Ohio Minimum Wage Violations) (Quantum Meruit) (Unjust Enrichment) 16. Gulfport is an Oklahoma City-based oil and natural gas exploration and production company operating worldwide and throughout the...
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155,135
16. Defendants sell extended auto warranty contracts. 17. To increase their sales and avoid paying for legitimate forms of advertising, Defendants repeatedly called and sent prerecorded voice messages to thousands or possibly tens of thousands of cell phones at once. 18. When the Class members answered thei...
win
264,103
40. On August 16, 2019, Avmed and Plaintiff entered into an Assignment agreement (the “Assignment”). See Assignment attached as Exhibit B. 42. Each of the individual claims set forth herein has been assigned to Plaintiff. The claims are not subject to any carveouts, exclusions, or any other limitations in law or equit...
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220,266
16. GMC owns and operates 2 retail stores in Colorado that sell marijuana and marijuana-related items to consumers.4 17. As part of its business practice, GMC places solicitation text messages to consumers in order to solicit them to purchase marijuana and marijuana-related items. 19. Furthermore, Defendant la...
win
317,562
1. states in substance: Unless the consumer, within 30 days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector. If written dispute is made within 30 days, then we will obtain verification of the debt or copy of judgment...
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3,561
17. All claims set forth herein are brought by Plaintiffs on behalf of themselves and all other similarly situated persons (hereinafter “FLSA Collective Plaintiffs”), for relief as a collective action pursuant to 29 U.S.C. § 216(b), on behalf of all non-exempt employees employed by Defendants throughout the State o...
win
331,636
44. Hyundai is a multinational corporation with over 75,000 employees worldwide. Hyundai is currently the fourth largest automobile manufacturer in the world. 45. The Theta II Engine (G4KC), which HMC used in the Class Vehicles, is a 2.4 liter engine that was manufactured by Hyundai Motor Manufacturing Alabama,...
win
199,286
(AIDING AND ABETTING FRAUD) (AIDING AND ABETTING CONVERSION) (BREACH OF CONTRACT) (MONEY HAD AND RECEIVED) (NEGLIGENT PERFORMANCE OF UNDERTAKING) (NEGLIGENCE) (UNJUST ENRICHMENT/RESTITUTION) (UNFAIR COMPETITION LAW, CAL. BUS. & PROF. CODE § 17200) (VIOLATION OF CAL. CIV. CODE § 1689(b)(2) – Material Fai...
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75,407
10. On or about August 5, 2013, a representative of Peak Systems, Inc., an information technology staffing firm, contacted Ms. Plasters regarding employment with UBS on a long-term project beginning immediately and continuing for at least eighteen months. 11. On August 12, 2013, Ms. Plasters began working for UBS...
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164,300
12. Beginning around at least October 2014, Plaintiff received a number of unsolicited phone calls from BF to her wireless phone, for which Plaintiff provided no consent to call. 13. Such calls were often made by prerecorded or artificial voice message. 14. The incoming calls from BF received by Plaintiff came...
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53,358
11. Davidson Fink LLP has been attempting to collect from plaintiffa residential mortgage loan obtained for personal, family or household purposes (housing). 12. The loan was alleged to be in default when Davidson Fink LLp first became involved with it. 13. on or about June24,2013, Davidson Fink LLp filed, on behalf ...
win
29,772
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...
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66,707
[Violations of the Fair Labor Standards Act—Overtime Wage Brought on behalf of the Plaintiffs and the FLSA Collective] 20. Defendants committed the following alleged acts knowingly, intentionally and willfully. 21. Defendants knew that the nonpayment of overtime pay, spread of hours pay, and failure to provid...
win
432,551
27. Gabe’s is a privately held corporation with its headquarters located in Morgantown, West Virginia. According to its website, Gabe’s sells “ brand name fashions and footwear for the entire family, home décor and kitchen tools, work gear, great gets for pets, and more.” See https://www.gabesstores.com/about-ga...
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356,440
12. At all times relevant to the complaint herein, Defendant engaged in telecommunications by means of telephone facsimile machines as defined by the TCPA 47 U.S.C. § 227(a)(3). 13. Upon information and belief, Defendant regularly advertises its goods and services to recipients by transmitting fax advertisements...
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428,413
10. Plaintiff and similarly situated employees worked "off-the-clock" outside their regularly scheduled hours during the Violation Period without receiving compensation for such "off-the-clock" work, as required by the FLSA. 13. The net effect of Defendant's plan, policy and practice of not paying Plaintiff and c...
win
87,623
28. Upon information and belief, Corporate Defendants WIWI 1 NAIL & SPA INC d/b/a WiWi Nails & Spa; and WIWI NAILS & SPA INC d/b/a WiWi Nails & Spa are joint employers of Plaintiff and constitute an enterprise as the term is defined by 29 USC §203(r) insofar as they do business as WiWi Nail at the same location con...
win
229,812
23. Over the past year, beginning on or around May 2020, Defendant sent numerous telemarketing text messages to Plaintiff’s cellular telephone number ending in 1156 (the “1156 Number”). 25. Defendant continued to hound Plaintiff with constant text messages, forcing Plaintiff to reply “JOIN” and then “STOP” in y...
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297,230
I. Glyphosate and the Enzyme It Targets 28. 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...
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429,186
11. On information and belief, on or about May 2, 2013, Defendants transmitted by telephone facsimile machine an unsolicited facsimile to Plaintiff. A copy of the facsimile is attached hereto as Exhibit A. 13. Plaintiff had not invited or given permission to Defendants to send the fax. 14. On information and...
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183,450
(Declaratory Relief) (on behalf of Plaintiff and the Class) 110. Plaintiff realleges and incorporates by reference the foregoing allegations as if set forth fully herein. 111. An actual controversy has arisen and now exists between the parties in that Plaintiff contends, and is informed and believes that Defendan...
win
114,942
2:16-cv-13060-NGE-SDD Doc # 1 Filed 08/23/16 Pg 19 of 23 Pg ID 19 20 Connecticut Consumer Protection Act, §§ 42-110 et seq. (On Behalf of the Connecticut Subclass) 50. Plaintiffs incorporate by reference each and every preceding allegation as if it is specifically set forth herein. 51. Defendants enga...
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344,091
23. Defendant is an online shaving product retailer. Defendant manufactures, markets and sells shaving equipment and men’s personal care products, which can be purchased individually or order via subscription on Defendant’s website, www.harrys.com (its “Website”). Defendant owns, operates, manages, and controls ww...
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51,179
(26 Me. Rev. Stat. §§ 664, 670: Overtime Wages) (Brought on Behalf of Plaintiff Gagnon and All Maine Class Members) (FLSA: UNPAID OVERTIME WAGES) (Brought on Behalf of Plaintiff and All Putative Collective Action Members) (Maine Law: Unpaid Wages) (Brought on Behalf of Plaintiff Gagnon and All Maine Class Membe...
win
340,352
1. Calling or otherwise communicating with clients or prospective clients; 12. There are questions of law and fact common to Class, including the following: A. Whether Defendants in following their policies and procedures required Plaintiff and Class members to engage in the following work activities without...
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228,473
10. Beginning in or around December 18, 2014, Plaintiff signed up for two memberships to Defendants’ gym to be charged to Plaintiff’s single debt account. 11. On or around February 16, 2016, Plaintiff called Defendants to cancel both memberships under the debit account and to immediately cease Defendants’ charg...
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92,478
11. Consumers’ Checkbook/Center for the Study of Services (“CSS”) is an independent, nonprofit consumer organization based in Washington, D.C. Its stated purpose is “to provide consumers information to help them get high quality services and products at the best possible prices.” 12. Beginning in June 2014, and...
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68,290
2.0 guidelines; c. Regularly test user accessibility by blind or vision-impaired persons to ensure that Defendants’ Website complies under the WCAG 2.0 guidelines; and, d. Develop an accessibility policy that is clearly disclosed on Defendants’ Websites, with contact information for users to report accessibility...
win
296,755
(On Behalf of Plaintiff and All Classes) 43. Plaintiff re-alleges and hereby incorporates by reference Paragraphs 1 through 42 above. 49. Plaintiff re-alleges and hereby incorporates by reference Paragraphs 1 through 48 above. 56. Plaintiff re-alleges and hereby incorporates by reference Paragraphs 1 throug...
win
321,490
(Breach of Implied Warranty of Merchantability) (Breach of Express Warranty) (Negligence) (Strict Liability In Tort – Restatement (Second) Of Torts § 402A) (Violation of the Florida Deceptive and Unfair Trade Practices Act) 26. Defendant Forjas Taurus manufactures “Rossi” branded .38 Special revolvers and ....
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168,545
10. Beginning in or around October of 2019, Defendant contacted Plaintiff Sidney Naiman’s cellular telephone number ending in -5502 in an attempt to solicit Plaintiff to purchase Defendant’s services. 22. Plaintiffs bring this action individually and on behalf of all others similarly situated, as a member the f...
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255,677
10. 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 47 U.S.C. § 153 (10). 11. Defendant is, and at all times mentioned herein was, a corporation and a “person,” as defined by 47 U.S.C. § 153 (10). 12. At all...
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136,459
15. The Defendant is defined as a “public accommodation" because it is an entity which owns and operates a "Place of Public Accommodation," 42 U.S.C. § 12181(7)(E) and 28 C.F.R. § 36.104. (2) or “[P]laces of public accommodation,” “[A] bakery, grocery store, clothing store, hardware store, shopping center, or other...
win
227,771
22. Defendants offer the commercial website, WWW.ELLIMAN.COM, to the public. The website offers features which should allow all consumers to access the services which Defendants offers in connection with their physical locations. The services offered by Defendants include, but are not limited to the following, whi...
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147,844
11. 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. 12. Plaintiff has received at least one of Defendan...
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160,201
71. This matter is brought by Plaintiff on behalf of itself and those similarly situated, under Federal Rule of Civil Procedure 23(a), 23(b)(1), 23(b)(2), and 23(b)(3). 72. Prosecuting separate actions by individual class members, in lieu of proceeding as a class action, would create a risk of inconsistent or vary...
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80,645
21. Defendant is a jewelry company that owns and operates the website, www.berricle.com (its “Website”), offering features which should allow all consumers to access the goods and services which Defendant ensures the delivery of throughout the United States, including New York State. 22. Defendant’s Website offe...
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339,884
11. Every human hair contains three distinct parts: the shaft, root, and follicle. The hair shaft is the strand of hair that is visible above the skin. The hair root is the section of the hair that lies beneath the skin. The hair follicle is the skin that holds the hair root.1 42. Plaintiff brings this action on ...
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39,039
13. Named Plaintiffs bring this action for violations of the FLSA as a collective action pursuant to Section 16(b) of the FLSA, 29 U.S.C. § 216(b), on behalf of all persons presently and formerly employed by Defendants who were non-exempt employees, who were subject to Defendants’ unlawful pay practices and policie...
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171,332
15. The Kikka defendants form a successful restaurateur, then as a sushi supplier company with over 25 years of experience, and several years operation and experience in the New Orleans area.. The company currently specializes in operation of small in-store sushi restaurants and a sushi supplier in the New Orleans m...
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83,009
(Violation of 42 U.S.C. §§ 12181 et seq. – Title III of the Americans with Disabilities Act) (Violation of New York State Human Rights Law, N.Y. Exec. Law Article 15 (Executive Law § 292 et seq.)) 26. Defendants control and operate ZOYA.com. in New York State and throughout the United States and the world. 27....
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323,126
18. Plaintiff brings this action on behalf of himself and on behalf of all others similarly situated (“The Class”). 19. 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 ...
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400,088
(Declaratory Relief) (on behalf of Plaintiff and the Class) 106. Plaintiff realleges and incorporates by reference the foregoing allegations as if set forth fully herein. 107. An actual controversy has arisen and now exists between the parties in that Plaintiff contends, and is informed and believes that Defenda...
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101,318
(Terms and Conditions of Hertz’ Gold Plus Rewards Program) (Terms and Conditions for Use of Hertz’ Website) 10. Hertz allows consumers to use its website, www.hertz.com, to make reservations for rental of cars and other motor vehicles. 11. On a web page entitled, “THE HERTZ CORPORATION WEBSITE GENERAL TERMS A...
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307,037
14. Defendant owns and manages buildings throughout the United States, including the building at issue, Parker Towers, located at 104-20 Queens Boulevard, Forest Hills, New York. It rents within this building, studio apartments, and apartments with one or more bedrooms. 15. Defendant’s Website is heavily integr...
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370,045
21. Defendant is a restaurant that operates its restaurant as well as the Website to the public. The restaurant is located at 171 Spring Street, New York, New York. Defendant’s restaurant constitutes a place of public accommodation. Defendant’s restaurant provides to the public important goods and services. Defen...
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84,126
18. In accordance with Fed. R. Civ. P. 23, Plaintiff brings this action on behalf of the following class of persons (the “Class”): All persons and entities who held telephone numbers that received one or more telephone facsimile transmissions that (1) promoted the commercial availability or quality of property, go...
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23,589
23. The Defendant’s website is offered to the public. The website offers features that should allow all consumers to access the goods and services that the Defendant offers through its physical locations, including, but not limited to, features that allow consumers to find information about location addresses and ho...
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241,038
30. NCWC invites third-party companies to sign-up on its website ncwcinc.com to become marketers of NCWC’s extended car warranty plans.15 31. In addition, NCWC does telemarketing using its own staff. 32. In 2010, a Twitter user named Michael Shaftel who had previously posted about vehicle protection services p...
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76,086
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 Websites, with contact information for users to report accessibil...
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79,129
17. Dutch Express is a contractor of Amazon which provides courier services for Amazon Prime Now. 18. Amazon Prime Now is a website and mobile application where customers can place orders for fast same-day delivery. 19. Plaintiff was hired by Dutch Express as a foot messenger on December 6, 2019, and currently ...
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50,845
(Alternative Violation - Compulsory Opt-Out Requirements Violate the First Amendment) (Compulsory Opt-Out Requirements Violate the Railway Labor Act) (Compulsory Opt-Out Requirements Breach the Duty of Fair Representation) 11. Yet unions spend large sums of money on politics and “‘advocate political ideas, suppor...
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333,327
10. Notice is of enormous importance. The COBRA notification requirement exists because employees are not presumed to know they have a federally protected right to continue healthcare coverage subsequent to a qualifying event. 11. COBRA further requires the administrator of such a group health plan to provide n...
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256,367
132. Plaintiffs bring the Second, Third, Fourth, and Fifth Causes of Action on their own behalf and as a class action, pursuant to Fed R. Civ. P. 23(a) and (b), on behalf of the following class of persons: All cell phone repair technicians who are currently, or have been employed by Defendants, in the State of New...
win
96,034
152. Defendant avers that the alleged actions of Defendant were proper and did not violate any provision of 15 U.S.C. § 1692 et. seq. 14 153. Plaintiff’s claims are or may be subject to an arbitration agreement requiring him to submit his claims to mandatory and binding arbitration. If so, Defendant will exercis...
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305,930
27. Defendant offers the commercial website, https://cangshancuttlery.com/en, 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 State...
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