Pending Consumer Class Action Cases
BMW Sub-frame Defect Class Action Lawsuit
On October 24, 2006, Girard Gibbs filed a class action complaint against BMW of North America, alleging that 1999-2006 BMW 3 Series vehicles suffer from defective sub-frames. According to the complaint, the constant loading and unloading associated with normal driving can weaken the sub-frame to the point where it cracks and separates from the chassis, resulting in thousands of dollars of damage to the vehicle.
Mercedes-Benz Tele Aid System Class Action Lawsuit
On April 27, 2009, the Honorable Dickinson R. Debevoise of the District of New Jersey issued an order granting plaintiffs' motion for class certification in the In re Mercedes-Benz Tele Aid Contract Litigation. The class action lawsuit alleges that Mercedes-Benz continued to install analog-only Tele Aid systems in their vehicles and to market these systems to consumers after they were informed of the systems’ limited lifespan.
Chase Finance Charge Class Action Lawsuit
On February 18, 2009, Girard Gibbs LLP filed a class action lawsuit against Chase Bank USA, N.A. after the credit card issuer more than doubled minimum monthly payments and imposed a $10 monthly service fee on customers who had accepted its fixed-rate balance transfer offers.
GM / Chevrolet Silverado Engine Knock Class Action Lawsuit
Settlement with General Motors in the Chevrolet Silverado engine knock class action lawsuit has been granted preliminary approval. The lawsuit contends that GM’s policy not to tell all California owners and lessees of Silverado vehicles with engine knock that they may be eligible to receive a free General Motors Protection Plan ("GMPP"), extended warranty or other valuable benefits, violates California’s “secret warranty” and consumer protection laws.
Hyundai Tiburon - Defective Clutch & Flywheel Class Action
On April 27, 2006, Girard Gibbs filed a class action complaint in the United States District Court for the Central District of California alleging that the factory-installed flywheel and clutch in the 2003 Hyundai Tiburon prematurely fails. The complaint also alleges that Hyundai is aware of the defective nature of the flywheel system and yet as a practice and policy, refuses to replace it under warranty and blames the failure on customer misuse.
MCI - Improper Billing Class Action
In July 2005, Girard Gibbs filed a class action complaint in the United States District Court for the District of Arizona on behalf of telephone customers nationwide who were unlawfully billed by MCI, Inc. (NASDAQ:MCIP) for monthly service charges even though they were not MCI customers. The complaint alleges that MCI assesses the monthly fees directly or through consumers' local phone bills. It asserts claims against MCI for violations of the federal Communications Act and for unjust enrichment.
In April 2006, Girard Gibbs filed a class action complaint in the United States District Court for the Western District of Missouri on behalf of a nationwide class of consumers who opened H&R Block Express Individual Retirement Accounts (also called Express IRAs). This lawsuit alleges that H&R Block’s claims that the Express IRA offers “great rates” and “a better way to save” were incomplete and misleading, since most consumers who open Express IRAs lose money because the low interest rate earned does not exceed the cost of opening and maintaining the account.
On May 22, 2007, the Court granted preliminary approval of the proposed class settlement in the BMW 5-Series class action lawsuit. The lawsuit alleges that the “seat occupation detection system” in some 2004-2005 BMW 5-Series automobiles is defective, in that it deactivates the front-passenger airbags even when the front passenger seat is occupied by an adult who exceeds the minimum weight activation threshold.
On October 14, 2004, Girard Gibbs filed a class action lawsuit in the Superior Court of the State of Washington on behalf of all Best Buy customers who were signed up for trial subscriptions to Microsoft's MSN internet service, never logged onto or used MSN, but were charged regular monthly fees by Microsoft after the trial period ended.