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282,685 | (Declaratory Relief) 110. Plaintiff repeats, realleges and incorporates by reference the allegations contained in paragraphs 1 through 109 of this Complaint as though set forth at length herein. 111. An actual controversy has arisen and now exists between the parties in that Plaintiff contends, and is informed and ... | lose |
399,616 | 12. Plaintiff brings these claims on behalf of the following class pursuant to Rule 1708 of Pennsylvania Civil Procedure. The Class consists of all individuals to whom Defendant enrolled in automatic payment schemes without their prior authorization or consent in an attempt to collect upon any debt. 13. Exclude... | lose |
292,172 | 17. Sterling is among the largest of the nation’s employment background screening companies, i.e., those that provide “consumer reports,” as defined by 15 U.S.C. § 1681a(d)(1)(B), to prospective employers and employers. 18. Sterling investigates and reviews public records and private databases and assembles and/... | win |
408,745 | (FLSA Overtime Violations) (Ohio Class) (Ohio Overtime Violations) 10. Defendant’s hourly employees included Plaintiff, the Opt-Ins and the Ohio Class. 11. At all times relevant, Defendant was an enterprise within the meaning of 29 U.S.C. § 203(r), and an enterprise engaged in commerce or in the production o... | lose |
420,859 | 12. Subway’s unsolicited texts were a nuisance that aggravated Plaintiff, wasted his time, invaded his privacy, diminished the value of the cellular services he paid for, caused him to temporarily lose the use and enjoyment of his phone, and caused wear and tear to his phone’s data, memory, software, hardware, and ... | lose |
292,949 | 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 accessibilit... | win |
183,780 | 44. Plaintiff re-states, re-alleges, and incorporates herein by reference, paragraphs one (1) through forty-three (43) as if set forth fully in this cause of action. 45. This cause of action is brought on behalf of Plaintiff and the members of a class. 46. The class consists of all persons whom Defendant’s reco... | lose |
269,739 | 27. Plaintiff brings 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 purchased Marvell’s securities between November 20, 2014 and September 10, 2015, inclusive (the “Class Period”) and who were damaged thereby (the “Class”)... | win |
396,251 | (Failure to compensate for work performed “off the clock”) (Unpaid overtime compensation under the FLSA) 17. Plaintiff ANTONIO COLE, files this case as an “opt in” collective action, as it is specifically allowed by 29 U.S.C. § 216(b). 19. Plaintiff, ANTONIO COLE, seeks to represent only those members of the ... | lose |
163,394 | 15. Defendant manages and/or operates many hotels throughout the United States. 16. As part of these operations, Defendant provides its customers transportation services, including, but not limited to, complimentary shuttle services. 17. Within the applicable limitations period, Plaintiff called the Holiday I... | win |
229,461 | 18. Vical was incorporated in 1987 to research and develop proprietary lipid chemistry. The Company’s founders were initially focused on developing liposomes for extended release of AZT, a treatment for patients with AIDS. In 1989, experiments and evaluations of lipid-based delivery of DNA led to Vical’s DNA del... | lose |
31,291 | (Fair Debt Collection Practices Act Violations) 10. Nepomuceno received the September 14, 2013 Statement. 11. The September 14, 2013 Statement contained many items of information including: MCM Account #: xxxxxxx455 Original Account #: XXXXXXXXXXXXX917 41. This action is brought and may properly proceed as... | win |
444,862 | 21. The Collective Action Class is so numerous that joinder of all members is impracticable. Although the precise number of such persons is unknown, and the facts on which the calculation of that number is dependent, are presently within the sole control of the Defendants, upon information and belief, there are hun... | lose |
7,416 | 1. Accutrace Reports Inaccurate, Antiquated and Sealed Information 13. At all times pertinent hereto, Accutrace was a consumer reporting agency (“CRA”) as defined by section 1681a(f) of the FCRA, and a “person” as defined by section 1681a(b). 14. At all times relevant hereto, Plaintiff was a “consumer” as that ... | win |
55,910 | VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT 15 U.S.C. § 1692e et seq. 10. Plaintiff brings this claim on behalf of the following class, pursuant to Fed. R. Civ. P. 23(a) and 23(b)(3). 11. The Class consists of: a. all individuals with addresses in the State of New York; b. to whom Defendant Fra... | win |
85,475 | 1. a statement that the recipient is legally entitled to opt-out of receiving future faxed advertisements – knowing that he or she has the legal right to request an opt-out gives impetus for recipients to make such a request, if desired; 14. On information and belief, on or about January 4, 2016, Defendants trans... | win |
407,837 | 21. Under § 403(d) of the FDCA (21 U.S.C. § 343(d)), a food shall be deemed to be misbranded “[i]f its container is so made, formed, or filled as to be misleading.” 23. The food labeling laws and regulations of New York impose requirements which mirror federal law. 24. New York Agm. Law § 201 specifically pr... | lose |
196,079 | 14. Defendant SessionCam develops a software of the same name that provides marketing analytics. 15. One of SessionCam’s features is called “Session Replay.” 16. SessionCam tells prospective clients that they can “[u]se session replay to see the website experience you actually deliver to your customers acr... | lose |
447,438 | 1. Plaintiff Holt Healthcare Management Services, Inc., brings this action to secure redress for the actions of Defendant Gaither Technologies STC, LLC (“Gaither Technologies”), in sending or causing the sending of unsolicited advertisements to telephone facsimile machines in violation of the Telephone Consumer Protec... | win |
329,156 | !Violat ion o(tbc New York Lab or Law! 21. Defendants SA TINDER SHARMA and A.J!T BAINS hire emp loyees to work as manage rs and supervisors lo participate in the day-to-day operation of each of the Brick Lane restaurants. 24. Although defendants SATINDER SHARMA and AJIT BAlNS provide managers and supervisors w... | win |
105,150 | 25. On April 12, 2018, Defendant, using an automated text-messaging platform, caused a text message to be transmitted to Plaintiff’s cellular telephone number ending in 0087 (“0087 Number”). An accurate copy of the text message is included below: 26. Defendant’s text message constitutes telemarketing/advertising ... | win |
431,801 | 11. On or about January 8, 2020, Defendants began using Plaintiff’s cellular telephone (501-XXX-X856)2 for the purposes of sending Plaintiff political messages via mobile messaging services and sent a text message again on January 9, 2020, and January 10, 2020. 12. On or about January 13, 2020, Plaintiff texted ... | lose |
147,948 | 14. Plaintiff seeks to bring this suit to recover from Defendants unpaid minimum wage, overtime compensation, and liquidated damages pursuant to the applicable provisions of the FLSA, 29 U.S.C. § 216(b), on his own behalf as well as those in the following collective action: 5 Current and former employees of Defen... | lose |
147,815 | 6.12 Plaintiff and the Class Members are subject to a single policy and pay plan that they were/are misclassified as exempt and paid the same amount no matter how many hours they worked. Defendant had a plan/policy in place which applied to Plaintiff and the Class Members that they were not to be compensated overt... | lose |
1,092 | (AGAINST THE INDIVIDUAL DEFENDANTS FOR BREACH OF FIDUCIARY DUTY FOR FAILING TO MAINTAIN INTERNAL CONTROLS) 103. Plaintiff incorporates by reference all the preceding and subsequent paragraphs as if fully set forth herein. 104. As alleged herein, each of the Individual Defendants has a fiduciary duty to, among ot... | lose |
301,878 | 13. Defendant Caesars Entertainment Corporation is a private gaming corporation that owns and operates casinos, hotels, and golf courses under several brands. The company, based in Nevada, is the largest gaming company in the world, with yearly revenues of approximately 10.8 billion. Defendant Caesars Entertainm... | win |
168,335 | 39. “Defined contribution plans dominate the retirement plan scene today.” LaRue v. DeWolff, Boberg & Assocs., 552 U.S. 248, 255 (2008). In the private sector, such plans have largely replaced the defined benefit pension plans that were America’s retirement system when ERISA was enacted in 1974. The consulting firm... | lose |
63,713 | 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 |
410,508 | 29. EQT is “the largest producer of natural gas in the United States … with emphasis in the Appalachian Basin and operations in Pennsylvania, West Virginia, and Ohio[.]”1 30. To complete its business objectives, EQT hires personnel, such as Heaster, to perform inspection services. 31. EQT considers Heaster and... | lose |
443,671 | 19. Excluded from the Class are all claims for wrongful death, survivorship and/or personal injury by Class members. Also excluded from the Class is Mercedes Benz, any entity in which Mercedes Benz has a controlling interest, and its legal representatives, heirs, and successors. 28. Mercedes Benz designed and ma... | lose |
241,485 | 10. The Class period begins one year to the filing of this Action. 11. This Action is properly maintained as a class action. The Class satisfies all the requirements of Rule 23 of the FRCP for maintaining a class action: a) Upon information and belief, the Class is so numerous that joinder of all members is impr... | win |
42,955 | 10. In the last four years, United began placing automated telephone calls to Plaintiff on her cellular telephone at telephone number XXX-XXX-5758 regarding the Loan. 11. United called Plaintiff from telephone numbers 646-783-4330, 800-833-1940, 646-783-4319, and 646-462-4902. 12. At all times mentioned herein... | win |
27,073 | 12. This Action is properly maintained as a class action. The Class is initially defined as: • All New Jersey consumers who were sent letters and/or notices from ARS, which included the alleged conduct and practices described herein. The class definition may be subsequently modified or refined. The Class period... | win |
161,201 | 10. The debt at issue (the “Consumer Debt”) is a financial obligation Plaintiff incurred primarily for personal, family, or household purposes. 11. The Consumer Debt is a “debt” governed by the FDCPA and FCCPA. See 15 U.S.C §1692a (5); Fla. Stat. §559.55(6). 12. Plaintiff is a “consumer” within the meaning of... | win |
408,234 | 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... | lose |
365,435 | 39. Pursuant to Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure, the named Plaintiffs seek to represent a class consisting of all persons who were wrongfully arrested and charged with at least one count of disorderly conduct on September 15, 16 or 17, 2012 by police officers while they were engaged in... | lose |
324,285 | 16. Merchco provides “retail installation solutions” across “the continental United States, Puerto Rico, Alaska and Hawaii.”1 17. In each of the past 3 years, Merchco’s gross revenues have exceeded $5 million. 18. It has a “base of full-time employees located in 38 states[.]”2 19. Its employees routinely han... | win |
335,938 | 52. Plaintiffs reallege and incorporate by reference all allegations in all preceding paragraphs. 53. Defendants paid Plaintiff and the Collective Members a sub-minimum wage, ostensibly according to the tip-credit provisions of the FLSA, which allow an employer to pay an hourly wage less than the statutory minim... | win |
291,472 | (Against All Defendants For Violations of §10(b) of the Exchange Act and Rule 10b-5 Promulgated Thereunder) (Violations of §20(a) of the Exchange Act Against Defendant Steven Fife) 30. Plaintiff brings this action as a class action on behalf of himself and on behalf of all purchasers of common stock of Active... | win |
452,376 | 16. Stemline is presently conducting an ongoing pivotal Phase 2 trial in blastic plasmacytoid dendritic cell neoplasm (“BPDCN”), using Stemline’s experimental compound, SL-401. At present, BPDCN has no approved treatment. 17. On January 18, 2017, a cancer patient in a Stemline clinical trial tied to SL-401 died ... | win |
256,916 | 19. In an effort to gain business, generate revenue and promote product sales, Defendant runs marketing campaigns by way of mass calling campaigns. Defendant ran these marketing campaigns without the prior express written consent of the call recipients as required by law. Further, Defendant continued to call thos... | lose |
16,753 | 11. During January of 2016, Plaintiff Jelinson Tejada provided his cellullar telephone number in connection with the purchase of an IDT calling product. 12. Tejada then received numerous text message advertisements at the same number from Defendant’s 5-digit short message service (“SMS”) code. 13. The text me... | lose |
102,026 | . Violations New Yot~k Labor Law Nonpayrnent of Straight \Vages 190 et .\·eq. and (J50 et !>;eq. and "'12 NYCRR I C~unille Forest and the New York Class) 1. Due to Defendants' violations of the NYLL, are entitled to recover from attorneys' and costs of the action, and Plaintiffs do not seek liquidated In... | win |
196,267 | 56. Marshalls’ and HomeGoods’ stores owned and/or operated by Defendants operate under the same corporate policies, procedures, and programs. 57. All Assistant Store Managers at Marshalls and HomeGoods share the same uniform job descriptions. 58. Upon information and belief, well over fifty (50) percent of all... | win |
101,800 | 32. In 1886, Johnson & Johnson was founded to develop medical devices, pharmaceuticals, and consumer products. 33. Johnson & Johnson boasts that its corporation includes over 250 subsidiary companies with operations in 60 countries and worldwide sales over 70 billion dollars across 175 countries. 34. Johns... | lose |
76,945 | 31. Plaintiffs bring the First Cause of Action, an FLSA claim, on behalf of themselves and all similarly situated persons who work or have worked as an Manual Worker for Aerotek nationwide who elect to opt-in to this action (the “FLSA Collective”). 32. Defendant is liable under the FLSA for, inter alia, failing t... | lose |
234,344 | ) FRANCISCO and THE STATE OF ) | win |
396,004 | 14. On or about October 5, 2019, Mrs. Corrigan enrolled her daughter Samantha Corrigan (“Samantha”), an 8th grader at the Doherty Middle School in Andover, MA, in an educational tour of Spain, scheduled for April 17 through April 25, 2020, and offered to the Doherty students by EF Education Tours, Inc., EF Travel, ... | lose |
161,250 | 2. Whether Defendant accepts guide dogs and, if so, if there are any charges associated with the guide dogs, their policies with respect to guide dogs and if there are any rest areas for guide dogs. 25. Defendant owns and operates a hotel in New York. This location also offers dining and entertainment options, in... | win |
395,285 | 32. Plaintiff brings this action on behalf of itself and as a class action pursuant to Federal Rules of Civil Procedure 23(a), (b)(2) and (b)(3), on behalf of the members of a Class, which is defined as follows: All persons or entities in the United States who purchased Inductors (including through controlled sub... | lose |
352,640 | 12. Plaintiff realleges and incorporates by reference all of the above paragraphs of this Complaint as though fully stated herein. 13. Defendant manufactures, markets and/or sells Lands’ End apparel products that have been represented on Defendant’s website as “Made in USA.” 14. Contrary to the representation, De... | win |
3,537 | [Violations of the Fair Labor Standards Act—Overtime Wage Brought on behalf of the Plaintiffs and the FLSA Collective] 22. Defendants committed the following alleged acts knowingly, intentionally and willfully. 24. From mid-April 2017 to January 31, 2018 Plaintiff Jian Zhang was hired by Defendants to work as... | win |
268,963 | 1. What is the nature and extent of those damages; and 2. What relief should be awarded to Plaintiff and other proposed class members. 34. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, Plaintiff brings this action on his own behalf and on behalf and all others similarly situated. This action sa... | win |
366,324 | PLAINTIFF DEFENDANT (EXCEPT IN U.S. PLAINTIFF CASES) (Referral) SUNNIE CHAPPELL, individually and on behalf of others similarly situated, 1. Unusually large number of parties. 10. Existence of highly technical issues and proof. 2. Unusually large number of claims or defenses. 3. VALIDITY OR INFRINGEMENT... | win |
141,396 | 10. DoorDash has developed significant market power, particularly as a result of the Covid-19 pandemic. With many restaurants unable or unwilling to offer dine-in services, many consumers have turned to DoorDash to have restaurant food delivered in lieu of eating out. 11. The market power is such that restauran... | lose |
53,123 | 16. Mr. Golden is a natural person allegedly obligated to pay a debt. 18. Plaintiffs’ alleged obligation arises from a transaction in which the money, property, insurance, or services that are the subject of the transaction were incurred primarily for personal, family, or household purposes—namely, homeowners as... | win |
139,150 | 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 |
26,435 | 13. Plaintiff repeats, reiterates and incorporates the allegations contained in paragraphs numbered “1” through “12” herein with the same force and effect as if the same were set forth at length herein. 14. Some time prior to February 28, 2014, an obligation was allegedly incurred to Seventh Avenue. (“Seventh”) ... | lose |
289,229 | 15. Defendant is a seller of design-driven wireless chargers. Through its Website, its sells various types of single-device, multi-device, and portable wireless changers. The Website also sells handcrafted stitching air pods cases; including Italian leather. 17. It is, upon information and belief, Defendant’s p... | lose |
442,593 | 21. Defendant is a jewelry store that operates its jewelry store as well as the Website to the public. The jewelry store is located at 360 Atlantic Avenue, Brooklyn, New York. Defendant’s jewelry store constitutes a place of public accommodation. Defendant’s jewelry store provides to the public important goods and... | win |
443,920 | (Class Action Alleging Violations of Texas Common Law) A. VIOLATIONS OF TEXAS COMMON LAW (Collective Action Alleging FLSA Violations) A. FLSA COVERAGE 22. Defendant C6 is a full-service solid waste company providing waste collection, recycling and disposal services to commercial, industrial and residential cu... | win |
223,834 | 50. During the Class Period, the Individual Defendants had both the motive and opportunity to conduct fraud. They also had actual knowledge of the falsity of the statements they made or acted in reckless disregard of the truth or falsity of those statements. In so doing, the Individual Defendants participated in ... | lose |
207,036 | (Violations of RCW 80.36.400) For Plaintiff’s first claim against Defendant, Plaintiff alleges: (Violation of Washington Consumer Protection Act, RCW 19.86 et seq.) For Plaintiff’s second claim against Defendant, Plaintiff alleges: 4.1 Defendant is in the business of offering credit card and debit card process... | win |
200,349 | 27. By contrast, a request for information from the PSP database costs $10.00. Moreover, if the person’s record shows arrests or convictions, there will not be a response for at least two to three weeks, and often longer. For these reasons, CRAs seldom order or wait for PSP records before generating a background... | win |
213,412 | 34. Plaintiff brings this action on her own behalf, and on behalf of a nationwide class pursuant to Federal Rules of Civil Procedure 23(a), 23(b)(2), and/or 23(b)(3). Nationwide Class: All persons or entities in the United States who had RushCard accounts prior to October 12, 2015 and were denied access to their... | win |
136,986 | 17. Defendants committed the following alleged acts knowingly, intentionally and willfully. 18. Defendants knew that the nonpayment of minimum wages, overtime pay and failure to provide the required wage notice at the time of hiring and wage statement would financially injure Plaintiff and similarly situated e... | lose |
353,848 | 10. All of Defendant’s collection actions at issue in this matter occurred within one year of the date of this Complaint. 11. Defendant’s collection communications are to be interpreted under the “unsophisticated consumer” standard. See, Gammon v. GC Services, Ltd. Partnership, 27 F.3d 1254, 1257 (7th Cir. 1994... | win |
219,541 | 10. Defendants jointly hired and fired, supervised and controlled, set pay, determined hours, and approved time sheets with respect to Bowser and the Class Members. 11. In each of the past three years, Duke’s revenues exceeded $500,000, Guidant’s revenues exceeded $500,000, and Empyrean’s revenues exceeded $500,... | lose |
312,710 | 35. The crux of the FLSA and PA State Laws is, inter alia, that all employees are entitled to be paid mandated minimum wages for all hours worked. 36. Contrary to these basic protections, Plaintiff and the members of the Classes were deprived of the mandated minimum wage for all hours they worked. 37. Plaintif... | win |
266,883 | 10. Experian has used a series of different vendors over the years. Originally, these vendors relied on in-person manual reviews of courthouse records to collect tax lien information. Typically, clerk’s offices would make available copies of termination records—releases and withdrawals. Weekly update reports were m... | lose |
320,532 | 23. It is, upon information and belief, Defendant’s policy and practice to deny 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 entertainment centers. D... | win |
211,299 | 36. The proposed Class consists of all current or former African Americans employed at Comcast’s South Side facility at any time from November of 2007 to the present who have been subject to discrimination in the terms or conditions of their employment. Additionally, the Class consists of all current or former Afr... | win |
103,069 | 13. Each of the Plaintiffs are, and at all times mentioned herein were, a “person” as defined by 47 U.S.C. § 153(39). 14. Plaintiff Antista has possessed her current cellular telephone number for approximately 14 years. 15. Plaintiff Antista received telephone calls on her cellular telephone on November 15, 2... | win |
159,842 | 2. You musl hâvo used your credìt ård for the purchase. Pwc¡ases nìade with cæh advances kom anATN4 orwilh a c'tìeck thatacæss your croditcard aæ0untd0 notqualily. 3 You must notyel have lully paid forthe prchase ll all of the criteria obove âre mel and yo are still disstisfied with th€ purchase, contactus n wi.,ín0atl... | lose |
373,117 | (Tips Theft) - 8 - 31. Plaintiff brings this action individually and as class representatives on behalf of himself and all other current and former non-exempt employees who have been or were employed by Defendants in the three years preceding the filing of this complaint, (the "Collective Action Period"), and w... | lose |
197,758 | 53. Plaintiff re-alleges paragraphs 1-52 as if fully re-stated herein. 54. This action is brought on behalf of plaintiff and the members of a class. The class consists of all persons who defendant’s records reflect were sent debt collection letters within the State of New... | win |
156,258 | 11. Additionally, the phrase “unless you notify this office within thirty 30 days after receiving this notice that you dispute the validity of this debt, or any portion thereof, this office will assume this debt is valid” fails to clarify that this dispute must be in writing. 12. Reading the first and second sente... | lose |
411,323 | 15. Raw foodism is a relatively new diet movement known for its health benefits. The movement focuses on the consumption of foods with living enzymes, probiotics, and nutrients to help humans fully digest food without relying on their own digestive enzymes. 16. As the name suggests, consumption of “raw” foods i... | lose |
428,714 | 10. The facsimile provides a link for Defendant’s medical “VIP program” and the cell phone number and email address for Defendant’s new executive slated to appear at the conference. 11. The facsimile contains multiple graphics promoting Defendant’s mission, leadership award, a stamp of approval, and a picture of a... | win |
371,342 | 15. Mary Boatner purchased a 2017 Ford Explorer from Collier Ford in Weturnpka, Alabama in 201 7.The vehicle, VIN 1FM5K7D80HGC99285 was purchased by Ms. Boatner on July 3, 2017. 16. The 2017 Ford Explorer purchased by Plaintiff was dangerous and defective when purchased because its design and exhaust and/or HVAC syste... | lose |
192,296 | 12. Named Plaintiff brings 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 as drivers or in positions with similar duties subject to Defendants’ unlawful pay practices and ... | win |
95,752 | 1. Because of any person’s actual or perceived … disability …, directly or indirectly: (a) to refuse, withhold from or deny to such person the full and equal enjoyment, on equal terms and conditions, of any of the accommodations, advantages, services, facilities or privileges of the place or provider of public... | win |
8,985 | (Violation of California Business & Professions Code §§ 17200 et seq.) (Against Defendant HAIR CLUB FOR MEN, LLC and DOES 1 through 100) (Violation of California Labor Code sections 226.7) (Against Defendant HAIR CLUB FOR MEN, LLC and DOES 1 through 100) (Violation of California Labor Code § 204) (Against Defend... | win |
253,784 | 18. Plaintiff incorporates the preceding paragraphs by reference as if set forth fully in this section. 20. Plaintiff was an hourly paid employee of Defendant who worked as a frac operator in connection with Defendant’s business operations centered out of Midland, Texas. Plaintiff routinely worked in excess of 4... | win |
158,377 | 12. Defendant Jornaya provides a variety of “real time” products for companies who engage in telemarketing. 13. Jornaya’s products include “TCPA Guardian” and “LeadiD,” which help businesses evade the Telephone Consumer Protection Act (“TCPA”) by creating evidence of purported consent to receive telemarketing ... | lose |
320,504 | 10. On or November 2, 2005, Defendant transmitted by telephone facsimile machine an unsolicited fax to Plaintiff. A copy of the facsimile is attached hereto as Exhibit A. 11. Defendant created or made Exhibit A which Defendant knew or should have known is a good or product which Defendant intended to and did in ... | win |
190,143 | 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... | win |
158,642 | 10. At the time the dunning letter was sent to Plaintiff, Defendant was not and has never been licensed as a collection agency in the State of Illinois. 11. Since February 10th, Defendant has contacted Plaintiff’s in order to gather information to be used in its debt collection activities. 12. Upon information... | win |
42,033 | ) COLLECTIONS, INC. ) 13. Plaintiff is a natural person allegedly obligated to pay a debt asserted to be owed to a creditor other than Defendant. 14. Upon information and belief, on a date better known by Defendant, Defendant began to attempt to collect an alleged consumer debt from the Plaintiff. 15. On o... | win |
402,359 | 20. First Energy describes itself as a “forward-thinking electric utility” that “has invested $10 billion in environmental efforts since 1970.” See https://www.firstenergycorp.com/about.html#gsc.tab=0 (last visited Nov. 29, 2017). 21. First Energy “includes one of the nation's largest investor-owned electr... | lose |
159,685 | 11. The “fluctuating work week” model provides a method for an employer to pay a reduced rate of overtime compensation to individuals who work in excess of 40 hours a week; namely that the employer pays only ½ time for hours worked in excess of 40, and that the more hours worked by the individual, the lower the ½ ti... | win |
148,332 | 55. Plaintiff brings 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 purchased or otherwise acquired Cnova securities: (1) pursuant and/or traceable to the Company’s Registration Statement and Prospectus issued in connecti... | win |
285,670 | 10. Defendant used an “automatic telephone dialing system”, as defined by 47 U.S.C. § 227(a)(1) to place its daily calls to Plaintiff seeking to collect the debt allegedly owed by “Breanna Grace.” 11. Defendant’s calls constituted calls that were not for emergency purposes as defined by 47 U.S.C. § 227(b)(1)(A)... | lose |
287,610 | 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 24. Defendant Singer owned The Key and served as Chief Executive Officer of KWF. 25. The Key was a for-profit college counseling and preparation business that Singer founded in or about 2007 and incorporated i... | lose |
84,302 | 23. Plaintiff restates and realleges paragraphs 1 through 22 as though fully set forth herein. 24. Defendant repeatedly sent or caused to be sent frequent non-emergency text messages, including but not limited to the messages referenced above, to Plaintiff’s cellular telephone number using a telephone facsimile ... | lose |
226,352 | 13. Even though APMs primarily performed non-exempt functions, BJ’s classified all APMs as “exempt” from the overtime requirements. This practice of classifying all APMs as exempt was uniformly applied regardless of store size, volume, location or any other individualized factor. 14. Plaintiff has filed this ... | win |
68,689 | 26. After receiving the April 28th text message which provided that Plaintiff could “Reply 1 if interested or 3 if not,” Plaintiff responded with “3”, to opt-out of receiving any text messages from Defendant. 27. Instead of opting Plaintiff out of receiving future messages, Defendant sent him at least ten text ... | lose |
367,876 | 45. Plaintiffs bring this case as a class action pursuant to Federal Rule of Civil Procedure 23(a), (b)(2) and (b)(3) on behalf of themselves and a proposed class (the “California Class”) defined as follows: All California persons who, on or after June 13, 2015, purchased the Products for personal, family, or hous... | lose |
76,352 | 10. Defendant’s calls constituted communications that were not for emergency purposes as defined by 47 U.S.C. § 227(b)(1)(A). 11. Defendant’s calls were placed to a telephone number assigned to a cellular telephone service for which Plaintiff incurs a charge for incoming calls pursuant to 47 U.S.C. § 227(b)(1). ... | lose |
29,144 | (Declaratory Relief) 112. Plaintiff repeats, realleges and incorporates by reference the allegations contained in paragraphs 1 through 111 of this Complaint as though set forth at length herein. 113. An actual controversy has arisen and now exists between the parties in that Plaintiff contends, and is informed and ... | lose |
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