Recent Filings – October Digest
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Jurisdiction: Other

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

Milroy, et al. v. Bell Partners Inc., et al. (E.D.N.C. October 30, 2018) (removal of state court complaint to federal court alleging defendant property management company hired law firms to conduct eviction proceedings for a flat fee, and their attempt to collect court costs and attorneys’ fees from apartment tenants before such costs and fees were awarded violates the North Carolina Residential Rental Agreements Act, North Carolina Debt Collection Act, and related state laws)

Wilk v. Purdue Pharma L.P., et al. (E.D.N.C. October 30, 2018) (putative class action brought on behalf of private health insurance purchasers alleging that opioid drug manufacturers and distributors contributed to the “opioid epidemic” by disseminating false and deceptive statements about the safety and effects of opioids in violation of RICO and state law)

Jackman v. Riptydz Hospitality Group, Inc., et al. (D.S.C. October 30, 2018) (purported collective action alleging defendant RipTydz Oceanfront Grille & Rooftop Bar failed to pay servers for all hours worked in violation of the FLSA)

Griffin, et al. v. King Cunningham, LLC (D.S.C. October 29, 2018) (putative class action alleging timeshare property management company’s foreclosure practices violate the Fair Debt Collection Practices Act)

Virzi, et al. v. First Citizens Bank of South Carolina (D.S.C. October 26, 2018) (removal of state court complaint to federal court alleging First Citizens opened a line of credit and several credit cards in Plaintiff’s name without Plaintiff’s knowledge or consent in violation of the Fair Credit Reporting Act and related state law)

Cnty. of Dorchester, S.C., et al. v. AT&T Corp., et al. and Cnty of Dorchester, S.C., et al. v. Level 3 Commc’ns, LLC, et al. (D.S.C. October 25, 2018) (purported class actions on behalf of South Carolina towns and counties alleging telecommunications companies have failed to properly bill, collect, and remit 911 charges from its business customers that are owed to the county’s or city’s consolidated 911 centers)

Rush v. The NRP Group LLC, et al. (M.D.N.C. October 19, 2018) (removal of state court complaint to federal court alleging defendant property management company hired law firms to conduct eviction proceedings for a flat fee, and their attempt to collect court costs and attorneys’ fees from apartment tenants before such costs and fees were awarded violates the North Carolina Residential Rental Agreements Act, North Carolina Debt Collection Act, and related state laws)

Wood v. One Source Tech., LLC (D.S.C. October 19, 2018) (purported class action brought under the Fair Credit Reporting Act alleging defendant credit reporting agency inaccurately reported to Plaintiff’s employer that Plaintiff had been convicted of several crimes)

Diaz, et al. v. Carolina Quarries, Inc., et al. (M.D.N.C. October 5, 2018) (putative collective action and class action alleging defendant rock quarries failed to pay rock quarry workers overtime and for all hours worked brought under FLSA and North Carolina state wage and hour laws)

Moore v. CSX Corp., et al. and West Lumberton Baptist Church, et al. v. CSX Corp., et al. (E.D.N.C. October 4, 2018) (purported class action brought by Lumberton residents alleging CSX Corporation negligently maintained an underpass on the railroad’s property which allowed water to pour through gaps in the city’s levees, causing catastrophic flooding and damage to their homes and businesses during Hurricane Florence)

Caraboolad v. Sun Tan City, LLC (D.S.C. October 3, 2018) (purported class action alleging defendant sent unsolicited, autodialed audio and text messages to consumers without their consent in violation of the Telephone Consumer Protection Act)

Valerio-Naranjo, et al. v. Shady Ridge Corp., et al. (E.D.N.C. October 2, 2018) (putative collection action and class action brought under the FLSA and North Carolina state wage and hour laws alleging defendants failed to pay H-2A temporary agricultural workers and employees for all time worked)

Hanley v. Ameris Bank (D.S.C. October 2, 2018) (purported class action alleging that Ameris pays kickbacks to large homebuilders in violation of the Real Estate Settlement Procedures Act by entering into marketing agreements with homebuilders under which Ameris makes cash payments for marketing and advertising activities)

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Class Actions Brief is your source for analysis of class action developments in federal and state judicial systems nationwide. Our attorneys use their experience representing clients both in and against class actions to provide fresh takes and commentary on what is happening in our courts today.

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