Class Action Litigation

Class action lawsuits are appropriate when a large number of people have been harmed by the action or conduct of an individual or a company. A class (or collective) action allows the entire group of victims to sue the wrongdoer for the same type of damages so that all members of the class can receive compensation for their injuries. Trief & Olk has represented plaintiffs in various types of class actions, including:

  • Claims on behalf of consumers who believe they were defrauded or harmed when they purchased a product or service; and
  • Claims on behalf of employees who believe they were deprived of wages they were entitled to receive.

CONSUMER CLASS ACTIONS

The consumer class action lawyers at Trief & Olk have pursued class action lawsuits against large companies based on consumer fraud and deception. Some examples include:

  • Litigation against dozens of the country’s largest banks concerning deceptive overdraft fee practices, whereby an accounting scheme forced millions of consumers to incur excessive overdraft fees. Trief & Olk serves on the plaintiffs’ executive committee in the nationwide litigation and co-led the action against Citizens Financial Group, a unit of the Royal Bank of Scotland, resulting in the second largest bank overdraft settlement to date; $137.5 million. Learn more at our overdraft fee page.
  • Multi-district litigation against Bank of America arising out of the same overdraft fee scheme resulting in a settlement of $410 million.
  • A $110 million settlement against JPMorgan Chase for obtaining fraudulent overdraft fees from consumers. As part of the settlement, the bank also agreed not to charge overdraft fees on transactions of $5 or less.
  • A lawsuit against one of the largest owners of shopping malls in the country. The mall sold gift cards to consumers without informing them that if the card was not used for seven months after being issued, the mall would apply a monthly “administrative fee” to the gift card’s balance until the balance was zero. Although a lower court dismissed the class action on the grounds that it was preempted under federal law, Trief & Olk successfully had the action reinstated on appeal. Thereafter, the case was successfully resolved.
  • A $9.7 million settlement in litigation against a large phone card company that deducted minutes from its phone cards at higher rates than what was expressly stated on the cards.
  • An action against a vocational school for its failure to provide the educational training promised. The vocational school filed bankruptcy after class certification was obtained.
  • A case against a wireless cell phone company resulting in $49 million settlement related to its refusal to allow cancellation during the billing month after the contract period expired.

If you believe that you were harmed or defrauded when you purchased a consumer product or service and that there may be a large number of other people who have been deceived in the same way, feel free to contact us for a consultation. Our experienced attorneys will investigate your claim to determine if it justifies a class action lawsuit.

EMPLOYMENT CLASS ACTIONS

Trief & Olk’s recent employment cases include:

  • Trief & Olk currently represents Security Advisors in a collective action against Defenders, Inc., wherein Security Advisors allege violations of the Fair Labor Standards Act
    (FLSA).  Specifically, Security Advisors in the lawsuit maintain that in calculating overtime,
    Defenders failed to compensate them properly for time spent on various tasks. The case has been conditionally certified in United States District Court for the District of Delaware, with close to 600 Security Advisors choosing to join the litigation. The parties are conducting discovery at this time.
  • Trief & Olk represented servers and bartenders in a collective action against the world’s
    largest full-service restaurant group, Darden Restaurants, whose chains included Red
    Lobster, Olive Garden, Longhorn Steakhouse, Bahama Breeze, and Seasons 52. The
    lawsuit alleged violations of the Fair Labor Standards Act (FLSA), specifically off-the-clock
    work, inappropriate payment of the sub-minimum tip credit wage, and unpaid overtime.
    Ultimately, the cases were directed to contractually mandated mediation and arbitration, through which approximately 2,500 employees resolved their claims for a total of close to $8 million, plus attorney’s fees and costs.
  • Trief & Olk represented plaintiffs in a class action brought against Dispensing Dynamics
    International and staffing agencies whose employees worked at Dispensing Dynamics
    International’s California facility, including Staffing Network Holdings, LLC, Cornerstone
    Staffing Solutions, Inc., Dream Team Services, Inc., Aerotek Inc., Manufacturing Pros, LLC, and Priority Business Services, alleging violations of California’s state laws regarding
    mandatory meal and rest breaks. This matter, captioned Janet Williams v. Dispensing
    Dynamics International and Staffing Network LLC, Case No. BC 580335, was brought in
    2015 in Los Angeles Superior Court in the State of California, and settled for $4 million, with payments benefiting approximately 3,400 class members.
  • Trief & Olk represented 7 employees of a bakery/café in Queens, New York, in a case
    alleging failure to pay minimum wage and overtime. Shortly after the case was filed, the
    parties settled for over $200,000 plus attorney’s fees.
  • Trief & Olk represented an employee of an independently owned and operated supermarket, who had worked for over 100 hours per week for years. The case was recently settled for $150,000, with the case resolved early in the litigation process.
  • Trief & Olk filed collective actions against franchise-owned Buffalo Wild Wings, which were settled for the full value of our client’s damages.
  • Trief & Olk represented shift managers at Avis car rental locations, whose cases were settled shortly after filing suit.

If you believe that you have a claim against an employer for failure to pay proper wages or other violations of federal or state wage and hour laws, feel free to contact Trief & Olk for a consultation.

Prior results do not guarantee a similar outcome.