Consumer Class Actions: Results and Recoveries
Getting Results for Over a Decade
Girard Gibbs has prosecuted a number of successful consumer class actions over the years, in a range of areas including auto fraud, deceptive advertising, and financial fraud. During that time, we have earned a reputation for skillful consumer advocacy and obtained settlements in excess of a hundred million dollars in courts across the United States.
Providian Credit Card Class Action Lawsuit
Girard Gibbs’ financial fraud lawyers served as co-lead counsel in this class action brought against Providian on behalf of Providian credit card holders. Resulting in a $105 million dollar settlement, this lawsuit alleged that Providian engaged in unfair and fraudulent business practices by charging its customers unauthorized fees and charges.
PayPal Class Action Lawsuit
In this class action, Girard Gibbs consumer attorneys represented PayPal users who alleged they had their accounts frozen or fund transferred out without their consent by the company. The lawsuit alleged that in doing so PayPal violated the Electronic Funds Transfer Act (EFTA) as well as California consumer statutes. Ultimately, we secured a settlement valued at $14.35 million in cash and returned funds on behalf of class members.
MCI Non-Subscriber Class Action Lawsuit
Girard Gibbs represented MCI subscribers who were charged non-subscriber rates in this class action against the now defunct telecom company. The lawsuit alleged that MCI violated consumers’ rights by charging higher rates than the subscribers expected to be charged. The lawsuit resulted in a cash settlement of over $90 million for class members.
Wyndham Resort Class Action Lawsuit
Girard Gibbs represented owners of timeshares in this class action against resort developer Wyndham Resort Development Corporation. Among other things, the lawsuit alleged that the defendants violated their fiduciary duties by taking actions for the financial benefit of themselves and to the detriment of the owners. In December 2010, we successfully obtained a settlement on behalf of class members.
Toyota Prius Class Action Lawsuit
This class action lawsuit, filed on behalf of a class of 2006-2009 Toyota Prius owners, alleges that Toyota failed to warn consumers about a defect in the vehicle’s HID headlights that may cause the lights to fail prematurely. Girard Gibbs auto fraud lawyers and co-counsel recently negotiated settlement including an extended warranty on the bulbs for class members as well as reimbursements for those who paid for the repairs in the past.
Honda & Acura Brakes Class Action Lawsuit
Girard Gibbs’ consumer attorneys filed this class action lawsuit alleging that the brake pads for certain model year Honda Accords and Acura TSXs are prone to premature wearing, creating extra costs for consumers. The lawsuit was settled in July 2010 providing reimbursements for repairs to qualifying class members.
Hyundai Tiburon Class Action Lawsuit
In this class action, we represented 2003 Hyundai Tiburon owners in allegations that the vehicle’s flywheel and clutch system was defective, causing it to fail prematurely. Our consumer attorneys were able to recover between 50% and 100% of repair costs for class members, depending on mileage at the time of the repair.
Mercedes-Benz Tele Aid Class Action Lawsuit
We represented Mercedes-Benz owners in this class action lawsuit alleging that Mercedes-Benz failed to notify consumers that its Tele Aid system would become obsolete in 2008 unless they paid hundreds of dollars for a digital upgrade package. The case recently settled providing class members with either a $650 check or a $750 to $1300 certificate towards the purchase or lease of a new Mercedes, depending on a number of factors.
Sony/BMG Class Action Lawsuit
Girard Gibbs filed this class action lawsuit on behalf of a class of consumers who purchased Sony BMG CDs. The lawsuit alleged that the “XCP” and “MediaMax” software that came embedded in the discs limited the usability of the CDs while potentially leaving the user open to security vulnerabilities. The settlement provided for a nationwide recall of the discs, software updates to remove some problems associated with the discs, as well as cash and other compensation for class members.
Apple iPod Battery Class Action Lawsuit
The iPod class action lawsuit provided a settlement valued at approximately $15 million in warranty extensions, battery replacements, cash payments, and store credits for class members who experienced battery failure. The Judge presiding over the case, the Hon. Beth L. Freeman, said that the class was represented by “extremely well qualified” counsel who negotiated a “significant and substantial benefit” for the class members.
General Motors Dex-Cool Class Action Lawsuit
Girard Gibbs’ auto fraud lawyers represented consumers in this class action lawsuit against General Motors. The lawsuit alleged that Dex-Cool engine coolant damaged certain vehicle’s engines and formed a rusty sludge leading to overheating in others. The settlement allowed for cash reimbursements to class members ranging from $50 to $800 per vehicle.
Hyundai Elantra Class Action Lawsuit
We filed this class action lawsuit after hearing reports from 2004-2006 Hyundai Elantra owners that the passenger airbags would sometimes fail to activate, leaving the passenger vulnerable to injury. Our attorneys successfully negotiated a settlement on behalf of the class which included free repairs to the air bag system as well as reimbursement for transportation expenses and an alternative dispute resolution program for trade-ins and buy-backs.
Hyundai and Kia Horsepower Class Action Lawsuit
Girard Gibbs was lead counsel in this class action against Hyundai for allegedly overstating the horsepower rating of more than 1 million vehicles over a ten year period. The settlement, which resulted in 165,000 claims, represented a total payout of approximately $30 million.
Blue Shield Healthcare Class Action Lawsuit
This lawsuit alleged that Blue Shield of California engaged in unfair and fraudulent business practices when it modified the risk tier structure of a number of health care plans resulting in a sudden increase in premiums without giving clients the opportunity to choose a comparable plan. The class action resulted in a $6.5 million settlement for policy holders.
Learn more about our Securities Class Action Lawsuit Recoveries.
Have a Potential Case?
Free and confidential consultations are available our consumer lawyers by filling out the form to the right or by calling toll-free (866) 981-4800.
 Eric Gibbs |
 A. J. De Bartolomeo |
 Dylan Hughes |
 Geoff Munroe |
Why Girard Gibbs LLP?
Girard Gibbs is a national litigation firm representing consumers, investors, employees, and small businesses in cases involving consumer protection, personal injury, securities, antitrust, and employment laws. The firm’s senior partners, Daniel Girard and Eric Gibbs, have been selected for inclusion in The Best Lawyers in America® 2012 and Northern California Super Lawyers, and have earned AV-Preeminent ratings from Martindale-Hubbell, recognizing them in the highest class of attorneys for professional ethics and legal skills.
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