Class Action Podcast

Two of Canada’s largest mobile phone giants are named as defendants in a recently filed class action. The suit alleges charges for inbound SMS messages are illegal because the charges were not included in the original contracts for service.

Beginning in August both Bell Mobility (BCE) and Telus (BCE) will charge subscribers CAN$0.15 per incoming SMS message. Previously, inbound message were free.

“What we’re trying to get the court to say is that for the duration of a contract . . . the telephone company should not be able to unilaterally modify the conditions of the contract.”

Subscibers interested in participating in the class action should contact Noel Saint-Pierre of Saint-Pierre Grenier
Note the site is in in French.

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KinderStart’s traffic dropped 70% when they were dropped from Google’s search results.

Now the US based KinderStart is seeking class action status for a suit alleging Google’s search/indexing technique are anti competitive and infringe KinderStart’s free speech rights.

This suit will be an interesting test of Google’s ability to control what site’s it includes and what sites it excludes. If Google loses I suspect there will no limit to the number of sites that think they should be number one in Google’s results.

I did a quick google search for “kinderstart” and a UK based company was listed first the plaintiff’s site was not listed in the first few results. A Yahoo search for “kinderstart” listed the plaintiff’s site first.

This brouhaha hasn’t dissuaded KinderStart from running prominent Google AdWord Ads at the site.

I wonder what KinderStart did you get kicked out?

Via: AP Wire | 03/17/2006 | Web site files complaint against Google

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Matthew Enderlin of Arkansas is seeking class action status in a suit alleging XM Satellite Radio falsely clams to be “commercial-free.” The suit claims XM Satellite

Mr. Enderlin is represented by S. Gene Cauley, managing partner of the Little Rock law firm Cauley Bowman Carney & Williams.

The case faces two obstacle- who qualifies for the class and what does “commercial-free” mean. Mr. Enderlin is suing under

Mr. Cauley and his law firm are quite busy with class actions. Over twenty class actions they are party to are listed on their site and include many big name companies. If you think you are only a class action law suit away from retirement you might contact Cauley Bowman Carney & Williams.

XM Satellite Radio not commercial free, suit says – Business – The Washington Times, America’s Newspaper:

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Instaloans Financial Solution Centres, of Canada is alleged to have charged over 60% interest on payday loans. Wow!

Edmonton lawyer Graham McLennan, who represented Instaloans, said the company couldn’t run a business charging 60 per cent.

‘It’s just ridiculous to suggest that,” he told The Chronicle-Journal Thursday.

McLennan said one out of every five customers defaults on their loan.

From this brief quote it is hard to determine if McLennan believes 60% is too low or too high.

According to the Chronicle Journal payday lenders change transaction fees to increase the effective interest rate above 60%.

For an more libertarian view of usury read Mises.org.

Expect more suits related to payday loan centers and to bank fees in general.

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