Area of law: Civil Law
Legal Tip of 16/03/2011
Efficient remedies to enforce consumer rights requires the Consumer Federation (vzbv) on the occasion of World Consumer Day on 15.03.2011. "Administering and are still getting two", says Gerd Billen vzbv board together. Harmonize supply and demand could only be punished if dishonest practices, and consumers will be refunded to any loss. To ensure this, it needed more effective pattern and class actions in order to focus on individual interests.
"The right to compensation" one of those enshrined by the United Nations basic rights of consumers. It is the motto of the European consumer organizations to mark World Consumer Day. Occasion was a public consultation of the European Commission, which last until late April 2011 and should lead to a unified position for collective redress in the European Union. This is according to the Consumer Federation of even the need for better design of a class action. Unlike in countries such as Sweden, Portugal and Italy, Germany is an extension of the action, according vzbv powers previously skeptical: "The introduction of class actions nationally and in Europe we reject," hot about it in the black-yellow coalition agreement.
The calls vzbv however the introduction of class actions and patterns, which consumer groups can resolve claims of users in a single procedure for a variety of consumers. The Association provides supported by an evaluation report, published by the Federal Agency for Agriculture and Food. The study came to the conclusion that test cases are not limited to the area of investor protection and a general class action, the consumer can do together with their damage claims should be introduced to improve consumer protection.
Thursday 8 December 2011
Class action lawsuit against smartphone manufacturers and carriers filed
Carrier IQ: Class action against smartphone manufacturers and carriers filed
The story of Carrier IQ draws wider circles. Already last week, three law firms, a class action lawsuit against cell phone manufacturers and network operators have submitted. In this country, the authorities are interested in the topic.
Recently was a service with Carrier IQ Republic, the gathered primarily Android smartphones significantly more than he actually was allowed. Carrier IQ propagating more accurately said to offer its services exclusively for "harmless" data, which serve to improve the network quality. In fact, however, succeeded in proving Trevor Eckhart mid-November that at least a keylogging function was still found in the Android smartphone.
What followed were several denials from both camps (network operators such as smartphone manufacturers) and the mutual bobbling the Black Peters. A class action is now to remedy the situation and explain the facts, says Boy Genius Report.Sianni & Straite LLP of Delaware, Keefe Bartels LLC of New Jersey and oaks Zaslow & Crutchlow LLP McElroy ibid, the class action lawsuit against HTC, Samsung, Motorola, AT & T, Sprint, T-Mobile and Carrier IQ submitted. Hanger of course, is the finding of Eckhart, who could violate various local data protection laws.
At least as iOS 5 concerns, Apple users are likely to be relatively safe from Carrier IQ. It is still present in parts of the system, but will use them next to nothing. In addition, the collection of statistics and usage data will be turned off in the settings.In general, it is predominantly crash dumps, which are sent to Apple for the purpose of troubleshooting. Apple has now announced Remove Carrier IQ in future versions of the software completely from the system.
The story of Carrier IQ draws wider circles. Already last week, three law firms, a class action lawsuit against cell phone manufacturers and network operators have submitted. In this country, the authorities are interested in the topic.
Recently was a service with Carrier IQ Republic, the gathered primarily Android smartphones significantly more than he actually was allowed. Carrier IQ propagating more accurately said to offer its services exclusively for "harmless" data, which serve to improve the network quality. In fact, however, succeeded in proving Trevor Eckhart mid-November that at least a keylogging function was still found in the Android smartphone.
What followed were several denials from both camps (network operators such as smartphone manufacturers) and the mutual bobbling the Black Peters. A class action is now to remedy the situation and explain the facts, says Boy Genius Report.Sianni & Straite LLP of Delaware, Keefe Bartels LLC of New Jersey and oaks Zaslow & Crutchlow LLP McElroy ibid, the class action lawsuit against HTC, Samsung, Motorola, AT & T, Sprint, T-Mobile and Carrier IQ submitted. Hanger of course, is the finding of Eckhart, who could violate various local data protection laws.
At least as iOS 5 concerns, Apple users are likely to be relatively safe from Carrier IQ. It is still present in parts of the system, but will use them next to nothing. In addition, the collection of statistics and usage data will be turned off in the settings.In general, it is predominantly crash dumps, which are sent to Apple for the purpose of troubleshooting. Apple has now announced Remove Carrier IQ in future versions of the software completely from the system.
Consumers: class actions should be made easier
Area of Law: Civil Procedure
Legal Tip of 01/12/2011
The Federal Consumer Association (vzbv) requires efficient remedies for the enforcement of consumer rights. Would be easier especially for consumer class actions. "We need the possibility that similar cases be decided in court bundle," said Gerd Billen vzbv-Chairman on the occasion of a consultation process of the European Union to the European class action, which probably begins in late January 2011.
News about the price increases made clear the limits of energy supply, the association legal standing, according to the association. Provider announced price increases could, consumer associations can not be seen for the consumer, whether they are admissible. Affected would have to pay initially, subject or individually sue, even though it related to a variety of similar case. This is costly and blocking the courts. Therefore urge the vzbv a pragmatic design approval process. Thus, in his view could be unique to clarify whether a claim is justified in principle.
Action also exists in the siphoning off of profits unjustly, the consumer advocates. On a claim existed since 2004. However, he was in such a way that he hardly discouraging frivolous operating companies. For he shall focus on only when proving a violation of causality between competition and let excess proceeds. In addition, the plaintiff must present proof that the company has acted intentionally anti-competitive. Both are loud vzbv in practice almost impossible. The legislature should in his view, therefore, facilitate the proof.
Also, it was important to improve compensation available to consumers. Since 1977, consumers' organizations could with the AGB-injunction act against anti-consumer clauses. A successful injunction strength while the position of affected customers. Prefer, however, no direct reimbursement of claims for, the association complained. It often go to small claims, which would be active because of the financial costs of an action only a few consumers. The result is that unfair profits remained with the company. "In order invalid clauses, the court may request that the victims are compensated for," Billen asks why.
Legal Tip of 01/12/2011
The Federal Consumer Association (vzbv) requires efficient remedies for the enforcement of consumer rights. Would be easier especially for consumer class actions. "We need the possibility that similar cases be decided in court bundle," said Gerd Billen vzbv-Chairman on the occasion of a consultation process of the European Union to the European class action, which probably begins in late January 2011.
News about the price increases made clear the limits of energy supply, the association legal standing, according to the association. Provider announced price increases could, consumer associations can not be seen for the consumer, whether they are admissible. Affected would have to pay initially, subject or individually sue, even though it related to a variety of similar case. This is costly and blocking the courts. Therefore urge the vzbv a pragmatic design approval process. Thus, in his view could be unique to clarify whether a claim is justified in principle.
Action also exists in the siphoning off of profits unjustly, the consumer advocates. On a claim existed since 2004. However, he was in such a way that he hardly discouraging frivolous operating companies. For he shall focus on only when proving a violation of causality between competition and let excess proceeds. In addition, the plaintiff must present proof that the company has acted intentionally anti-competitive. Both are loud vzbv in practice almost impossible. The legislature should in his view, therefore, facilitate the proof.
Also, it was important to improve compensation available to consumers. Since 1977, consumers' organizations could with the AGB-injunction act against anti-consumer clauses. A successful injunction strength while the position of affected customers. Prefer, however, no direct reimbursement of claims for, the association complained. It often go to small claims, which would be active because of the financial costs of an action only a few consumers. The result is that unfair profits remained with the company. "In order invalid clauses, the court may request that the victims are compensated for," Billen asks why.
Saturday 19 November 2011
lawsuits and class action against anyone
Some info on lawsuits and class action against anyone that has been accused of some malpractice. We are compiling the info for you.
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