Marazzi v. The Dial Corp., ND Ohio Case No. 11-CV-407, product misrepresentation, class counsel Frank Piscitelli

Richardson v. Allied Interstate, FDCPA, Dist. New Jersey, Case No. 09-2265, final hearing August 31, 2011, 1 Ohio class member, class counsel Andrew Wolf

The Attorney General’s Office has received reports from Ohio attorneys who say they are contacted by “clients” who attempt to pay them with counterfeit checks and ask them to send back some of the money.

Restivo v. Continental Airlines, Inc. (Cuyahoga Cty.), 2011-Ohio-219, PIF 2950

Plaintiffs purchased a gift card from Continental Airlines which had a one year expiration date.  When they unsuccessfully attempted to use the gift card after the expiration date, they filed suit, alleging violations of the CSPA and Ohio's Gift Card Statute.  The Court of Appeals upheld the trial court's dismissal of the complaint, finding that application of the CSPA and the Gift Card Statute to an airline was preempted by the Airline Deregulation Act.

Jodka v. City of Cleveland, Cuyahoga Cty. Case No. CV-12-784372, red light camera fines, class counsel John Murray

Cappetta v. G.C. Services, LP, FCRA, Eastern Dist. Virginia, Case No. 08-288, final hearing not yet scheduled, 1,735 Ohio class members, class counsel Leonard Bennett

In re Quantcast Advertising Cookie Litigation, computer privacy, Central Dist. California, Case No. 10-5484, final hearing not yet scheduled, unknown number of Ohio class members, class counsel Scott Kamber

State ex rel Cordray v. The Dannon Company, Inc., Franklin Cty. Case No. 10 CVH-12-18225, PIF 2917

Defendant is enjoined from making any express or implied claims that any of its products may be used in the diagnosis, cure, mitigation, treatment, or prevention of any disease.  The products covered by this Consent Judgment are any yogurt, including but not limited to, Activia yogurt, any dairy drink, and any food or drink containing a probiotic, including but not limited to, DanActive.  Representations that Defendant's products can be used for the temporary relief of diarrhea, constipation, or irregularity are not prohibited if, at the time the representations are made, Defendant possesses and relies upon competent and reliable scientific evidence that substantiates that the regulation is true.  Defendant to pay $21,000,000.00 to the settling states, to be divided among them.  Ohio to receive $861,111.11.

Fithian v. Accredited Financial, Inc., Knox Cty. Case No. 10 OT 06-352, PIF 2928

Defendants were in the business of offering consumers debt counseling and debt adjusting services.  The Court found that Defendants violated the CSPA by: 1) misrepresenting their success rate and the results of their program prior to Plaintiff signing the contract, 2) falsely promising to provide Plaintiff with third-party legal assistance and failing to provide that assistance when Plaintiff was sued by a creditor in Defendants' program, 3) charging illegal fees pursuant to R.C. 4710.02(B), and 4) knowing at the time the transaction with Plaintiff was entered into that Plaintiff would not receive a substantial benefit from the transaction.  The Court found that Plaintiff had suffered damages of $4,237.38, which it trebled to $12,712.14.  In addition, the Court found that Plaintiff was entitled to punitive damages due to Defendants' reckless, wanton, willful and gross conduct, and awarded $42,373.80 in punitive damages.  The Court found that Plaintiff was entitled to attorney fees and awarded $1,449.00.