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Thread: Vivint class action lawsuits

  1. #1
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    Vivint class action lawsuits

    TCPA class actions certified against Vivint



    The Vivint TCPA Class Action Lawsuit case is Christopher Johansen v. Vivint, Inc., Case No. 2012-CH-30597, Circuit Court of Cook County, Illinois, Chancery Division.
    The Plaintiff and proposed Class are represented by Brian J. Wanca of Anderson + Wanca and Max G. Margulis of Margulis Law Group.

    lawsuit against Vivint is alleging it violated the Telephone Consumer Protection Act (TCPA) by auto-dialing consumers’ cellphones without their consent.

    Illinois resident Christopher Johansen alleges in the Vivint class action lawsuit that the company violated consumers’ privacy rights and the federal TCPA by robo-calling consumers and leaving prerecorded voice messages on their cellphones without their “prior express permission or invitation.” The alleged violations occurred between May 2011 and October 2011.

    The TCPA prohibits companies from using an automatic dialing system or artificial or prerecorded voice to contact consumers unless they have provided prior express consent. The TCPA carries a $500 fine per violation.

    Johansen is seeking to represent a proposed class of all people in the U.S. who were called on a cellphone by an auto-dialing system or prerecorded voice at Vivint’s direction without providing Vivint permission to do so.

    The Vivint TCPA class action lawsuit is seeking $500 in statutory damages for each TCPA violation and, if the court finds those violations were committed willfully or knowingly, trebled damages of $1,500 per violation.

    Case Update: Status Hearing set for 5/7/2014

    MINUTE entry before Honorable Sara L. Ellis: Status hearing held on 11/14/2013. Parties to file stipulation regarding class certification motion by 12/2/2013.
    Status hearing set for 5/7/2014 at 09:30 AM. Mailed notice (rj, ) (Entered: 11/16/2013)



    note-
    there is a second class action in the works against Vivint for another TCPA Violation. Plaintiff is seeking class action status.

    The case is Benzion et al. v. Vivint Inc., case number 0:12-cv-61826, in the U.S. District Court for the Southern District of Florida (2013)

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    Benzion TCPA Class Action settlement

    Benzion Class Action settlement:
    http://www.bizjournals.com/prnewswir...full&full=true


    The total amount of the Settlement Fund is $6,000,000. To make a claim, you must complete and send in a Claim Form certifying that you received on or after September 17, 2008, either (a) a pre-recorded call advertising Vivint goods or services; (b) more than one telephone call in a 12-month period promoting Vivint goods or services to a number registered on the National Do Not Call Registry or Vivint's internal Do Not Call list; or (c) a telephone call made to a cellular telephone using an automatic telephone dialing system

    The Court will hold a Final Approval Hearing on August 25, 2014, at 10:00 a.m., to consider whether the Proposed Settlement is fair, reasonable, and adequate; the motion for attorneys' fees and expenses; and the motion for compensation awards to the Class Representative. If comments or objections have been received, the Court will consider them at that time.

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    Vivint Employment law class action lawsuit

    Another class action filed against Vivint (Vivint Solar). Both Vivint and Vivint Solar are part of Blackstone's APX Group Holdings.



    On September 16, 2014, the San Diego employment lawyers at Blumenthal, Nordrehaug & Bhowmik filed a class action Complaint against Vivint Solar, Inc. alleging that the solar company failed to fully pay their Installation Technicians and Electrician Helpers for their work performed under the California Labor Code.

    The Complaint asserts that the Installation Technicians working for Vivint Solar were paid on a piece-rate basis, but allegedly only while they were performing installations for Vivint Solar. As a result, the Complaint alleges the Installation Technicians were not paid while performing non-installation related work tasks. The Complaint also asserts a claim under California's meal and rest period laws for Vivint Solar's alleged failure to provide full off-duty, thirty minute uninterrupted meal periods to its Installation Technicians and Electrician Helpers.
    Source:
    http://www.prweb.com/releases/2014/09/prweb12185672.htm

    http://solarenergy.einnews.com/artic...GGhyBiv8qYTA9h

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    Vivint Solar Securities Fraud Class Action

    Pending securities class action against Vivint (Vivint Solar) in the United States District Court for the Southern District of New York. Filed by Robbins Geller Rudman & Dowd LLP.

    Update
    The law firm Pomerantz LLP had filed a class action lawsuit against Vivint Solar in New York federal court.

    A similar lawsuit was filed several weeks ago by the Rosen Law Firm in New York, and others include: Levi & Korsinsk LLP, Johnson & Weaver, LLP, Kahn Swick & Foti, LLC, securities litigation law firm of Brower Piven, Bronstein, Gewirtz & Grossman, LLC, The Briscoe Law Firm, PLLC, Federman &Sherwood, etc
    Sources:
    http://www.rgrdlaw.com/cases-vivint.html
    http://www.rechargenews.com/solar/13...t-company-says
    https://globenewswire.com/news-relea...o.html?print=1

    Claim
    Vivint, certain of its executives, its controlling shareholder, and the underwriters of its IPO are charged with failing to disclose material information in connection with the IPO and during the Class Period, violating federal securities laws.
    Updated 1/10/15

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