Class Actions Brief Blog

Not every class action court filing in North and South Carolina becomes a full-length post on our blog. Here is a recap of December's filings:

Mateo-Evangelio v. Triple J Produce Inc., No. 4:14-cv-00240 (E.D.N.C. Dec. 31, 2014) (agricultural and produce packing employees alleging violation of the Fair Labor Standards Act, North Carolina Wage and Hour Act, and Migrant and Seasonal Agricultural Worker Protection Act for unpaid wages and overtime).

Velazquez v. Burch Equipment LLC., No. 4:14-cv-00241 (E.D.N.C. Dec. 31, 2014) (agricultural employees alleging violation of the Fair Labor Standards Act, North Carolina Wage and Hour Act, and Migrant and Seasonal Agricultural Worker Protection Act for unpaid wages and overtime based, in part, on inadequate piece rate payments).

McClease v. The Neiman Marcus Group LLC, No. 2:14-cv-00072 (E.D.N.C. Dec. 30, 2014) (alleging, on behalf of a nationwide class of Neiman Marcus customers, negligence, breach of contract, unjust enrichment, unfair and deceptive business practices under all 50 states and D.C.’s laws, and violation of various states’ data breach acts related to a 2013 data security breach of customers’ payment card data and personally identifying information).

Hickey v. The Home Depot Inc., No. 4:14-cv-00235 (E.D.N.C. Dec. 23, 2014) (alleging, on behalf of a class of North Carolina Home Depot customers, state law breach of contract, negligence, and unfair and deceptive trade practices claims related to an April 2014 data security breach of customers’ personal financial and identifying information). On December 31, 2014, the case number changed to 7:14-cv-00301.

Fitzhenry v. One on One Mktg. LLC, No. 2:14-cv-04782 (D.S.C. Dec. 18, 2014) (alleging violations of the Telephone Consumer Protection Act, based on autodialed telemarketing calls soliciting students for Virginia College). We have reported on several other similar cases filed by Mr. Fitzhenry in this court: Fitzhenry v. Lily Mgmt. and Mktg. Co., No. 2:14-cv-03866 (D.S.C. Oct. 3, 2014), Fitzhenry v. Indep. Order of Foresters, No. 2:14-03690 (D.S.C. Sept. 18, 2014), Fitzhenry v. Lowe’s Cos., No. 2:14-cv-02081 (D.S.C. May 29, 2014), and Fitzhenry v. Fifth Third Bank, No. 2:14-cv-02076 (D.S.C. May 28, 2014).

Gill v. W. Union Bus. Solutions (USA) LLC, No. 1:14-cv-01066 (M.D.N.C. Dec. 18, 2014) (removal from Cabarrus County Superior Court of a putative statewide class action alleging violations of North Carolina’s debt collection law, N.C. Gen. Stat. § 75-50, et seq., for fees charged in association with the Western Union SpeedPay service). The complaint was originally filed on November 13, 2014.

Kinard v. Migdalas IP Holding LLC, No. 8:14-cv-04740 (D.S.C. Dec. 16, 2014) (alleging violations of the Fair Labor Standards Act at Migs restaurants in Newberry, Laurens, Greenwood, Saluda, Abbeyville, Ninety-Six, and Greenville, South Carolina, based on the restaurants’ practice to pay employees for their overtime hours “off the books” and at the straight-time rate).

Experian Information Solutions Inc. v. Dreher, No. 14-491 (4th Cir. Dec. 15, 2014) (petition for interlocutory appeal of issues related to district court’s order granting partial summary judgment in favor of plaintiff on the issue of whether Experian’s violation of the Fair Credit Reporting Act was willful). Specifically, Experian asks the Fourth Circuit to consider whether a class with statutory (but not actual) damages under the FCRA has Article III standing and to articulate the proper test to determine whether violations of the FCRA are willful. Although the District Court for the Eastern District of Virginia’s order would generally not be appealable, the district court certified its order for interlocutory review under 28 U.S.C. § 1292(b).

We previously reported on Experian’s prior petition for interlocutory appeal of the district court’s order certifying a large nationwide class of consumers who requested a credit report from Experian that included an account with Advanta Bank or Advanta Credit Cards after Advanta entered FDIC receivership. Experian’s prior petition was denied by the Fourth Circuit on September 2, 2014.

Ritchie v. Windsor Window Co., No. 9:14-cv-04734 (D.S.C. Dec. 15, 2014) (purported South Carolina class alleging products liability and related claims in connection with defective and leaky windows designed, manufactured, and sold by defendants).

Reed v. Builders FirstSource Inc., No. 2-14-cv-04660 (D.S.C. Dec. 9, 2014) (collective action alleging unpaid overtime to sales coordinators in violation of the Fair Labor Standards Act, based, in part, on uncompensated working time during meal breaks and “off the clock” customer deliveries).