Match.com has been sued as “one of the biggest conspiracies ever executed on the Internet.” A new class action lawsuit brought in New York federal court claims that Match.com uses thousands of photos of people who have nothing to do with the dating service in fake “profiles” to lure customers.
InterActiveCorp, the company operating Match.com, makes $350 million a year from online dating according to the lawsuit. The lawsuit asserts that Match.com knowingly uses photographs of hundreds of thousands of fake profiles and photographs that are created by criminals in international locations.
“Defendants knowingly and intentionally conspire with criminals operating from locations including Internet cafes in Nigeria, Ghana, and Russia, who manually and through the use of software and other computer devices, submit a high percentage of profiles on defendants’ web sites incorporating photographs of plaintiff and members of the class. … The tragedy of this case is twofold, as the American victims of Internet fraud on defendants’ sites, (estimated to be at least thousands), mostly widows, widowers, and divorcees age 50 and over, have been defrauded out of as much as hundreds of millions of dollars over the past six-plus years through fraudulent dating profiles on defendants’ sites, and those of its competitors.”
The lawsuit seeks class certification, an injunction, $500 million in compensatory damages and $1 billion in punitive damages for Lanham Act and RICO violations, fraud, copyright infringement, negligence, unjust enrichment, and state law violations.
The complaint includes 35 pages of exhibits of allegedly fake profiles that use photos of class members.
California Sues Software Company for Failed $250 Million Taxpayer-Funded State Benefits Software Development Project
The State of California has sued SAP, a software development company, for SAP’s failed payroll software solution that has never worked properly.
The software update project began three years ago, with the state paying $50 million of taxpayer funds for SAP to develop a new payroll and benefits system.
According to the lawsuit papers, the broken system “could not get the payroll right even once over an eight-month period for a pilot group of only 1,500 employees.”
Last February, California Controller John Chiang terminated SAP’s contract alleging that SAP failed to stabilize the system and avoid the return of “significant errors” when payroll runs were conducted on the pilot program.
California taxpayers have thus far funded $250 million has been spent on the system, which is called MyCalPAYS and dates back to 2005. SAP joined the project in 2010 after the original contractor, BearingPoint, was fired.
California Senator Kevin de León (D-Los Angeles) announced he plans to reintroduce a bill requiring imitation guns be painted a bright color, following the shooting of 13-year old Andy Lopez in Santa Rosa last month, for carrying a toy gun that looked like a real firearm.
The new bill is similar to a failed bill from 2011 that sought to make BB, airsoft and pellet guns more distinguishable from lethal firearms. If passed, the legislation would require the entire exterior of those toy guns be painted a bright color.
“Toy guns are deliberately fabricated to look like real fire arms,” de León said at a press conference in Santa Rosa, Calif. “As a consequence, law enforcement officers have extreme difficulty distinguishing these fake guns from lethal weapons, particularly when officers must react within split nanoseconds to these emergency situations.”
“My strongest hope is that we can enact legislation this time so that no more families are forced to suffer the terrible grief that the Lopez family has suffered today,” de León said.
The California Senate has approved a bill, authorized by Sen. Anthony Cannella, which will make it a misdemeanor for individuals to disclose pornography or obscene photographs of their ex-partners or spouses out of revenge.
Termed “revenge porn,” the practice usually involves the online disclosure of intimate videos or photographs spread without authorization. According to some sources, individuals who have their privacy violated in this manner have legal recourse, but they are often too embarrassed to pursue their rights.
California law protects victims of breaches of privacy and provides them with an avenue for recovery against perpetrators. In California, it is unlawful to publicly disclose private facts which would be offensive and objectionable to a reasonable person, which are not of legitimate public concern. It is also unlawful in California to intrude upon the personal affairs of others.
With two offices in Los Angeles and Beverly Hills, California, SOOFI | Legal Counsel regularly represents clients in numerous types of privacy violations and privacy litigation, including the public disclosure of private facts, invasions of privacy, intrusion upon personal affairs, violations of name, likeness, and image, right of publicity claims, HIPAA/medical privacy violations, online / internet privacy violations, and numerous others.
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Read more here: http://www.fresnobee.com/2013/08/15/3443277/capitol-alert-california-revenge.html#storylink=cpy
The California Assembly has passed a bill that would expand California’s Paid Family Leave law to offer additional leave for employees who are required to take time off to care for aging or ailing grandparents, grandchildren, siblings, and in-laws.
The new bill keeps California in the lead in the nation as one of the most pro-employee states, providing benefits, social services, and protections to employees.
Paid Family Leave in California began in 2002, when disability compensation was extended to cover individuals who take time off of work to care for a seriously ill child, spouse, parent, or registered domestic partner, or to bond with a new child. Senate Bill 1661 established the Paid Family Leave insurance program, also known as Family Temporary Disability Insurance program, to be administered by the State Disability Insurance (SDI) program. An estimated 13 million California workers who are covered by the SDI program have also been covered for Paid Family Leave insurance benefits as of July 1, 2004.
For California workers covered by SDI, Paid Family Leave (PFL) insurance provides up to six weeks of benefits for individuals who must take time off to care for a seriously ill child, spouse, parent, or registered domestic partner, or to bond with a new child.
SOOFI | Legal Counsel represents clients in numerous kinds of lawsuits and disputes involving some of the nation’s largest employers. Whether it is harassment, discrimination, retaliation, hostile work environment, wage/hour, or other claims, SOOFI | Legal Counsel is experienced in the field of employment and labor law and focused on providing high-quality legal service.
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For information on retaining SOOFI | Legal Counsel for any employment matter, contact email@example.com or call (213) 403-0130 for a confidential consultation.
Read More: http://www.kpbs.org/news/2013/aug/07/bill-expand-californias-paid-family-leave-law-clea/
School is out and summer is finally upon Los Angeles! Although usually thought of as the best time of the year for families and children, summertime activities can results in an increase in scrapes, cuts, sprains, tears, and from time to time, more serious injuries.
According to the National Safe Kids Campaign, approximately forty percent of all injury-related emergency room visits and 42 percent of all injury deaths happen between May and August. The best way to play it safe? Injury-proofing your summer.
Here are some tips to make it through the summer as safely as possible:
- Pools and Aquatics. Water activities are notorious for resulting in injuries to children of all ages and sizes. Pool maintenance workers may not be monitoring all steps, pathways, corridors, and locker rooms to prevent injury from running, skipping, or walking too quickly on slick surfaces. Injuries resulting from slips and falls can be serious. Remember that pools and aquatic facilities can be slippery and remind children to use caution while playing.
- Beaches. Although beautiful and a great deal of fun for the family, beaches can be dangerous areas as well. All family members should wear shoes of some sort to avoid damage to tender feet caused by broken glass, rocks, sharp objects, or other potentially dangerous items. Caution should also be exerted when driving to and from the beach – lanes can be busy, filled with traffic, and short tempers.
- Boating, Parasailing, Bungees. Be extra cautious when participating in activities involving sea and air. Almost all boating, parasailing, bungee, and similar leisure activity providers make participants sign broad releases that will release the operators from any and all liability, specifically stating that the individual is participating in the activity “at their own risk.” However, every year, numerous individuals are seriously injured or killed because equipment is poorly maintained or not maintained by the operator. Vet your leisurely activity provider carefully, look for signs showing the provider is licensed, bonded, and insured, if applicable, and that the staff is sufficiently trained on operating the equipment. Equipment and ropes should be clean, well-maintained, and not rickety, rusty, frayed, or corroded.
- Grilling. If you are grilling outdoors, make sure you follow the instructions for using your grill properly, including instructions for the propane tank. Although grilling and propane manufacturers are obligated to avoid manufacturing equipment that is dangerous or deadly, many companies will include poorly-written “instructions” in an instruction booklet that “warns” consumers against using the equipment in a particular manner. If an injury results, these companies can take the position that the victim misused the product, and therefore, is at fault. Always follow the equipment’s instructions when operating anything involving an open flame or gas.
- Parks and Playground Equipment. While it is true that landowners of parks and playground equipment have an obligation to keep the premises safe for guests, it does not always happen. Pieces of broken sidewalk, holes, slippery stairs, poorly maintained facilities, rusty playground equipment, and numerous other risks can result in injury, especially at night or when there is poor lighting. Always exert the most caution when traveling alone or with children through parks and playgrounds. Even a simple trip-and-fall can result in a bad fracture that can take years to heal.
SOOFI | Legal Counsel represents victims of accidents in numerous cases, controversies, and disputes. If you or a family member has been injured, please contact us for a confidential consultation at (213) 403-0130 or firstname.lastname@example.org.
When should a college or university be responsible for failing to protect its students?
The parents of a UC-Berkeley graduate have sued UC-Berkeley for failing to report domestic abuse that took place on campus. The lawsuit was filed after student Jose Lumbereras killed the two passengers in his car when driving while intoxicated, including Milanca Lopez and her six month son.
Lopez’s family sued UC-Berkeley, asserting that Lopez previously complained about domestic abuse in her home, but UC-Berkeley campus officials did nothing. They believe that UC-Berkeley could have prevented the accident if it had investigated Lopez’s concerns about Lambreras’ allegedly abusive conduct.
A California Tea Party group, NorCal Tea Party Patriots, has sued the IRS yesterday, in connection with the recently revealed news that the federal government was scrutinizing them disparately because of their political affiliations.
According to Ginni Rapini, the group’s founding president, as told to KGO-ABC7 in San Francisco, the IRS requested voluminous data when they were applying for tax-exempt status. ’They wanted every email I had ever sent out,’ she said. ‘They wanted the transcripts of every speech from any speaker at any event, meeting or anything that we had had,” Rapini reported to ABC7. More than two years passed while their application remained pending.
NorCal Tea Party’s lawsuit asserts that the IRS has violated its rights under the First and Fifth Amendments to the U.S. Constitution. They claim that the IRS “engaged in systematic discrimination based upon the speech, expressed viewpoints, and association of NorCal Tea Party Patriots, its members, and similarly situated groups.”
It is unclear to what extent the lawsuit was brought merely to make a statement in and of itself, given the likelihood that it will not ultimately succeed. Class actions, by their nature, require the injured victims to have suffered nearly-identical injuries so as to prove typicality among the class. It is hard to imagine how individualized tax-exempt applications are not unique to each tax-exempt applicant. Further, the Supreme Court previously refused to hold in the famous Dukes v. Wal-Mart matter that gender discrimination claimed by the female employees of Wal-Mart could be certified as a class.
Citizens know soon enough – with every class action comes a motion to dismiss.
The California Attorney General’s office has sued JP Morgan Chase Bank for abusive debt collection practices.
Apparently, over the last few years, Chase flooded California courts with unpaid credit-card lawsuits by using illegal robo-signing and other unlawful debt collection practices. Chase is accused of failing to provide borrowers with debt collection notices as required by law, before initiating lawsuits. Chase also apparently failed to investigate whether certain borrowers were active military personnel or service-members, even though “swearing” under penalties of perjury that they were not, which is required for default judgments to be entered against individuals who have not responded to a lawsuit.
According to the lawsuit, “At nearly every stage of the collection process, Defendants cut corners in the name of speed, cost savings, and their own convenience, providing only the thinnest veneer of legitimacy to their lawsuits.”
“Robo-signing” refers to the practice of signing declarations, affidavits, and other documents in voluminous quantities, without having any knowledge of the facts in the document and without regard to the truth or accuracy as to those facts. In Chase’s case, Chase would often file affidavits, “under penalty of perjury” that the declarant was an “assistant treasurer and officer Chase USA” when in reality, it was a “low-level employee” of Chase “who has never even seen the Complaint.”
Copy of the Complaint - http://oag.ca.gov/system/files/attachments/press_releases/Complaint_0.pdf?
Skechers is going to be paying $40 million to settle a huge class action over its “toning” shoes, which advertised that the shoes would help people lose weight and tone leg/calf muscles. More than 520,000 claims could be made. Settlement claimants with approved claims will be able to obtain a repayment of up to $80 for Shape-Ups, $84 for Resistance Runner shoes, $54 for Padded Sole Shoes, and $40 for Tone-Ups. Last year, Skechers also settled a governmental investigation brought against it over “toning” shoes from the Federal Trade Commission.
Read More: http://www.washingtonpost.com/business/judge-oks-40m-class-action-settlement-over-skechers-shoes-ads-claimed-they-aided-weight-loss/2013/05/13/685e6fec-bbf6-11e2-b537-ab47f0325f7c_story.html