PennySaver Employee Termination Class Action
- PennySaver has filed for Chapter 7 Bankruptcy in Delaware. According to their filing, PennySaver has between 200 to 999 creditors with estimated debt and assets between $10 Million and $50 Million dollars. While the Chapter 7 bankruptcy filing will temporarily halt lawsuits against Penny Saver, the law offices of McCuneWright, LLP are exploring the possibility of moving forward with a lawsuit against OpenGate Capitol which purchased PennySaver in 2012.
- View Chapter 7 Bankruptcy Filing
- PennySaver Files for Bankruptcy in the Wake of Lawsuits
The Orange County Register, Published: May 30, 2015
- PennySaver class action updates
McCuneWright files Class Action Against PennySaver on Behalf of Laid off Employees
- On May 26, 2015, McCuneWright, LLP, filed a class action complaint against PennySaver USA, LLC and OPENGATE CAPITAL, LLC on behalf of employees who were laid off suddenly and without warning on May 22, 2015. The lawsuit alleges that business owners did not provide sufficient notice of the mass layoffs under California law. Hundreds of former employees remain frustrated at the news and have looked to McCuneWright to help them find recourse. The plantiffs allege that PennySaver's and Opengate's conduct violates California law and seeks damages on behalf of the Class members who have suffered losses from their conduct
- View Amended Complaint
- Link to Richard McCune's interview with KCAL 9 about PennySaver's layoffs
McCuneWright files National Class Action against Maker of TurboTax for Inadequate Consumer Safety Measures
- On April 20, 2015, McCuneWright, LLP, together with other prominent law firms filed a national class action complaint against Intuit, Inc., the maker of the popular TurboTax software that electronically filed an estimated 29 million tax returns in 2014. The lawsuit alleges that cybercriminals used TurboTax to file fraudulent tax returns on behalf of Plaintiffs and that Intuit facilitated the filing of these and thousands of other fraudulent tax returns by failing to take necessary precautions in safeguarding its customers’ most personal and sensitive information, and by failing to implement commercially reasonable security measures to prevent cybercriminals and fraudsters from filing fraudulent tax returns using stolen identities. Plaintiffs allege that Intuit’s conduct violates California law and seek damages on behalf of the Class members who have suffered losses from Intuit’s conduct. The lawsuit also seeks a court order requiring Intuit to implement stricter cyber security measures to adequately safeguard its customers’ most sensitive personal and financial data in the future.
- View Amended Complaint
- Potential class-action lawsuit filed against maker of TurboTax
The Washington Post, Published: April 22, 2015
- Richard McCune interview on the Legal Broadcast Network regarding the class action against TurboTax Maker.
- Richard McCune interview on the Fox Business Network regarding the class action against TurboTax Maker.
McCuneWright Files National Class Action Against Hyundai for Disabling Unused Blue Link Systems.
- On February 10, 2015, McCuneWright, LLP, filed a national class action complaint against Hyundai Motor America alleging that the automaker did not inform purchasers of its Blue Link equipped vehicles at the time of sale that the Blue Link Telemetrics System included as a standard feature would be permanently disabled if owners did not subscribe to the Blue Link subscription service. According to notices sent out by Hyundai in January 2015, Blue Link systems that have been inactive for more than one year will be permanently disabled, requiring owners to have to replace the Blue Link module at a cost of $500-$600 dollars if they wish to activate their Blue Link subscription in the future. As a result, Hyundai owners are being forced to choose to subscribe to a Blue Link service that they do not want or have their vehicle devalued by the disabling of the Blue Link Telemetrics module that they purchased as a standard feature when they bought the car. The complaint alleges that Hyundai's actions constitute a breach of the vehicle warranties and a misrepresentation of the standard features of the vehicle at the time of sale.
- View Amended Complaint
- Class action filed against Hyundai over Blue Link system
Washington Examiner, Published: February 17, 2015
McCuneWright files national class action against TD Bank for illegal overdraft fees and practices
- On January 9, 2015 McCuneWright, LLP, filed a national class action complaint against TD Bank, N.A., the nation’s 10th largest bank, with asset holdings of over $224 billion. Filed in the United States District Court, District of New Jersey, the action alleges illegal overdrafts are being charged when TD Bank customers have a positive balance. This filing is the latest by McCuneWright against a banking institution for illegal overdraft practices. McCuneWright has previously filed and been involved with a number of overdraft class action lawsuits against Wells Fargo Bank, Union Bank, U.S. Bank, Citibank and a number of other financial institutions. The results of those cases include a $203 million verdict against Wells Fargo, and well over $100 million in settlements against other financial institutions.
- View Complaint
McCuneWright receives preliminary court approval for $1.8 million class action settlement for illegal overdraft fees on behalf of Orange County Credit Union members.
- McCuneWright, LLP, filed a class action in Superior Court of Orange County on June 17, 2013, alleging that Orange County Credit Union (OCCU), breached its customer account agreement by unlawfully charging overdraft fees for debit transactions when customers had sufficient money in their accounts to cover these transactions. After litigating this case, a class-wide settlement was reached where OCCU has agreed to pay $1.8 million and change and clarify its disclosures of the overdraft practice. Affected OCCU customers will receive approximately $28.00 for each improper $29.00 overdraft fee imposed. Further information is available at www.orangecountycreditunionoverdraftsettlement.com.
- View Complaint
McCuneWright Obtains a $23.3 million Verdict on Behalf of a Shareholder of a Closely Held Corporation
- Following a six-week trial in a California Superior Court, McCuneWright partners David Wright and Kristy Arevalo obtained a verdict of $23.3 million on behalf of their client, a 50% owner of a closely held corporation, who had been frozen out of profit distributions by the other shareholder and board of directors. The Court awarded the $23.3 million in damages and set the case for further proceedings on the amount of punitive damages to award to McCuneWright’s client. It is believed that this verdict is that county’s highest verdict in 2014.
McCuneWright Confirms Settlement in Hyundai and Kia MPG Fraudulent Advertising Class Actions
Judge Gives Final Approval in 1.6 Billion Toyota Sudden Unintended Acceleration Class Action Settlement
Court Reinstates McCuneWright’s Verdict Against Wells Fargo Bank
- On May 14, 2013, Judge William H. Alsup reinstated the $203 million verdict against Wells Fargo Bank on behalf of the over 1 million customers who had been improperly charged overdraft fees as a result of Wells Fargo’s misrepresentations of its posting practice. This action was in response to the 9th Circuit Court of Appeal decision that had directed Judge Alsup to determine the amount of damages from the misrepresentation practice, after finding that the claims that the posting practice itself was illegal were preempted by Federal law.
- View Court Decision
- NBC News Report
McCuneWright Confirms Settlement in Toyota Sudden Unintended Acceleration National Class Action Lawsuit
- Three years after filing the nation’s first class action suit against Toyota for sudden unintended acceleration, Richard McCune confirms that Plaintiffs and Toyota have reached a settlement agreement
- Press Release
- Settlement Agreement
McCuneWright Files MPG Fraudulent Advertising Class Action Suit Against Ford Motor Company
- Update: The court has set April 22, 2015 to begin hearing oral arguments from both sides determine the outcome of Ford’s earlier motion to dismiss the case.
- McCuneWright, LLP, has filed a national class action lawsuit against Ford Motor Company for fraudulent MPG advertising. The complaint specifically identifies the 2013 Ford C-MAX Hybrid and the 2013 Fusion Hybrid models, alleging, but not exclusively, violation of false advertising laws, fraud, and negligent misrepresentation.
- View Complaint
- Tests show Ford Fusion, C-MAX hybrids don’t live up to 47 MPG claims
ConsumerReports.org, Published: December 6, 2012
California Hyundai MPG Fraud Class Action Awarded Tentative Certification
Hyundai and Kia Admit to Inflated MPG Claims
- Automakers Hyundai and Kia have been overstating MPG claims (which have been used in their advertising) for the past several years, the Environmental Protection Agency (EPA) announced on November 2, 2012. For the past eleven months, McCuneWright, LLP has been litigating this issue in a Federal national class action filed in the Central District of California.
- Press Release
- View Complaint
- Read Article
- Tell Us Your Story
The Court Rules Hyundai MPG Class Action Case Can Go Forward
- Hyundai filed a motion challenging whether their respective consumer class action alleging deceptive advertising of the miles per gallon information in vehicles could go forward. On April 23, 2012, the Judge denied Hyundai's motion to dismiss the case, and ruled the case can go forward.
- Court Rules the Hyundai MPG Class Action Can Move Forward
Richard McCune Selected as a Finalist for 2010-2011 Consumer Attorney of the Year Award
- On August 30, 2011, Richard McCune was named as a finalist for the esteemed 2010-2011 Consumer Attorney of the Year award, as a result of the ground-breaking $200 million verdict in Gutierrez v. Wells Fargo Bank, N.A., in which United States District Judge William Alsup found that Wells Fargo had engaged in an unfair and illegal scheme of assessing overdraft fees on debit cards to California Wells Fargo customers. Wells Fargo was also ordered to stop the practice. The Consumer Attorney of the Year is named annually by the Consumer Attorneys of California. The winner will be announced on November 12, 2011.
Richard McCune to Speak at Vehicle Product Liability Litigation Conference
- McCuneWright, LLP partner, Richard McCune will be speaking at the national legal conference on motor vehicle litigation in Phoenix, Arizona March 30-April 1, 2011. Mr. McCune will be addressing recent developments in product liability consumer class actions and mass torts. The conference is presented by the American Bar Association, Tort Trial & Insurance Practice Section's Products, General Liability and Consumer Law Committee and the Automobile Law Committee.
McCuneWright Client Sues Toyota
McCuneWright Secures $203 Million Verdict Against Wells Fargo Bank for Illegal Overdraft Practices
- Judge orders Wells Fargo to reverse $203 million in overdraft fees
By Joe Nelson, Staff Writer, The Sun, Published: August 11, 2010
- Court Order
- Consumer 10.0: How Wells Fargo held up debit–card customers
By Jeff Gelles, The Philadelphia Inquirer, Published: August 15, 2010
- Wells Fargo Loses Ruling on Overdraft Fees
By Andrew Martin and Ron Lieber, The New York Times, Published: August 10, 2010
- Wells Fargo to Pay $200 Million in Overdraft-Fee Case
By Marshall Eckblad, The Wall Street Journal, Published: August 10, 2010
Richard McCune Named to Plaintiffs' Executive Committee in Toyota Unintended Acceleration National Class Action
Richard McCune Named by the Leadership in the Wells Fargo and Citibank MDL Overdraft National Class Action Cases
Richard McCune Interviewed on the NBC Today Show Regarding Toyota Unintended Acceleration Issues and Recall
Richard McCune's Interview on ABC Channel 7 San Francisco Discussing the Importance of McCuneWright's Preliminary Injunction Requesting That Toyota's Recall Be Expanded to Include More Models and Model Years
David Wright and McCuneWright Client Nicole Posen are Interviewed by CNN Regarding Ms. Posen's Accident in Her Toyota and McCuneWright's Class Action Lawsuit Against Toyota for Sudden Unintended Acceleration
McCuneWright Files Preliminary Injunction Seeking to Have Toyota Acceleration Lawsuit to Include More Models and Years
Richard McCune Interviewed by CNN Regarding McCuneWright's Class Action Lawsuit Against Toyota for Sudden Unintended Acceleration