Class Action Lawsuit | KitGuru https://www.kitguru.net KitGuru.net - Tech News | Hardware News | Hardware Reviews | IOS | Mobile | Gaming | Graphics Cards Thu, 13 May 2021 09:24:40 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.3 https://www.kitguru.net/wp-content/uploads/2021/06/cropped-KITGURU-Light-Background-SQUARE2-32x32.png Class Action Lawsuit | KitGuru https://www.kitguru.net 32 32 Apple faces UK class-action lawsuit over iOS App Store practices https://www.kitguru.net/lifestyle/mobile/apple/matthew-wilson/apple-faces-uk-class-action-lawsuit-over-ios-app-store-practices/ https://www.kitguru.net/lifestyle/mobile/apple/matthew-wilson/apple-faces-uk-class-action-lawsuit-over-ios-app-store-practices/#respond Thu, 13 May 2021 09:24:40 +0000 https://www.kitguru.net/?p=515335 As we all know, currently Apple is under fire on several fronts for ‘anti-competitive' practices with its iOS App Store policies. Apple is already dealing with a lawsuit from Epic Games, an antitrust case from the EU and now, we can add a UK class-action lawsuit to the list as well.  A class action lawsuit …

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As we all know, currently Apple is under fire on several fronts for ‘anti-competitive' practices with its iOS App Store policies. Apple is already dealing with a lawsuit from Epic Games, an antitrust case from the EU and now, we can add a UK class-action lawsuit to the list as well. 

A class action lawsuit against Apple was filed in the UK this week. As reported by GI.biz, the lawsuit seeks compensation for customers who have been ‘over charged' for apps and services due to Apple's 30 percent revenue cut. The lawsuit takes the angle that a majority of developers are forced to charge more for content on iOS due to the cut that Apple takes.

Anyone who has owned an iPhone or iPad since October 2015, and has made at least one App Store purchase, may be entitled to compensation, according to Hausfeld, the legal firm behind the class-action suit. Estimates indicate that up to 19.6 million iOS users could have been affected, which means Apple could face total damages of up to £1.5 billion.

This lines up with the UK's competition and markets authority launching its own investigation into Apple's business practices, although no conclusions have been revealed on that front just yet.

KitGuru Says: Filing a class-action lawsuit is one thing, but there are still a lot of hurdles to go through, so this could be drawn out for quite some time. 

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Apple is now getting sued for not putting dust filters in iMacs https://www.kitguru.net/lifestyle/mobile/apple/damien-cox/apple-is-now-getting-sued-for-not-putting-dust-filters-in-imacs/ https://www.kitguru.net/lifestyle/mobile/apple/damien-cox/apple-is-now-getting-sued-for-not-putting-dust-filters-in-imacs/#respond Fri, 30 Nov 2018 17:01:34 +0000 https://www.kitguru.net/?p=396847 Apple is no stranger to lawsuits, often finding itself in and out of court for patent infringement, allegedly borking its own software and clashing with its Android rivals. The latest class action complaint comes from MacBook and iMac users, who claim that the lack of dust filters has caused a number of issues with their …

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Apple is no stranger to lawsuits, often finding itself in and out of court for patent infringement, allegedly borking its own software and clashing with its Android rivals. The latest class action complaint comes from MacBook and iMac users, who claim that the lack of dust filters has caused a number of issues with their systems.

The filing pertains to MacBooks, iMacs and their Pro variants sold since 2013, alleging that the company’s choice to forgo dust filters has allowed passage of unwanted dirt. In turn, this has caused smudged displays, thermal throttling and in some cases unnecessary internal damage to components due to overheating.

“Apple is the most valuable company in the world today because consumers trust it to make reliable, quality products, yet it has failed to remedy one of the most simple and well-known problems in the technology community – the accumulation of dust. This filter defect is costing Apple owners hundreds of dollars in repairs, and Apple refuses to take responsibility,” Steve Berman, managing partner and co-founder of law firm Hagens Berman, told MacRumours. “We intend to hold Apple accountable for this costly defect affecting millions of its computers.”

Not only have those affected been forced into pricey first-party repairs, as Apple eschews third-party interference, the company has also been charging for full-fledged screen replacements where simply cleaning and re-fitting would resolve the issue. Of course, any fix is temporary without the dust filters necessary to prevent further build-up, according to the complaint.

Currently, the lawsuit is collecting participants experiencing issues at no extra cost. Those with an Apple device sold between 2013 and 2018 who think they’re deserving of compensation for similar problems they’ve found with their device should sign up here.

KitGuru Says: There are many people out there that haven’t experienced such problems with their Apple devices. While this disparity should certainly be investigated, it’s worth mentioning that those who haven’t had trouble don’t invalidate those that do. It’ll be a long battle ahead to find out whether or not Apple will be held responsible, but in the meantime we hope those that have had issues find a prompt solution.

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Nyko hit with class action lawsuit amid third-party Nintendo Switch dock controversy https://www.kitguru.net/channel/generaltech/damien-cox/nyko-hit-with-class-action-lawsuit-amid-third-party-nintendo-switch-dock-controversy/ https://www.kitguru.net/channel/generaltech/damien-cox/nyko-hit-with-class-action-lawsuit-amid-third-party-nintendo-switch-dock-controversy/#respond Tue, 01 May 2018 11:59:57 +0000 https://www.kitguru.net/?p=372134 At the end of March, owners of third-party Nintendo Switch docks received a nasty surprise as an official update began bricking consoles. Affected customers are now beginning to hold the peripheral makers responsible, with a class action lawsuit formed against Nyko in the US. While it was Nintendo that distributed the update that potentially ruined …

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At the end of March, owners of third-party Nintendo Switch docks received a nasty surprise as an official update began bricking consoles. Affected customers are now beginning to hold the peripheral makers responsible, with a class action lawsuit formed against Nyko in the US.

While it was Nintendo that distributed the update that potentially ruined consoles, the company clarified that this was due to third-party gear using subpar hardware that didn’t use a 56K OHM resistor.

Affected owner Michael Skiathitis has since filed the class action lawsuit in the US District Court of Central California, outlining that, “unbeknownst to consumers, the Nyko Portable Docking Kits for Nintendo Switch are prone to causing numerous problems to the devices that they are intended to support.”

Despite the problem not revealing itself until Nintendo launched its 5.0 Switch firmware update, Skiathitis alleges that Nyko had prior knowledge to these faults, keeping it from public knowledge and committing a form of fraud in the process.

Nyko performed tests on its docks after the controversy was revealed, determining that the issues “is related to the way the Switch handles AV output for an external TV/monitor while the console is docked on the Portable Docking Kit.”

Unfortunately, those affected by the issue to the point of their consoles bricking have no other choice but to send it out for repairs similar to Skiathitis, losing their saved data in the process.

KitGuru Says: It will be interesting to see how Skiathitis can prove Nyko knew about the issue prior to the update, despite third-party docks from both it and its competitors working completely fine until the point it landed on consoles. Still, it’s likely the company should have known about the specifications of first-party docks in the first place, making investigations necessary. Were you burned by the 5.0 update?

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Lawyers across the world gear up for class-action lawsuit against Facebook and Cambridge Analytica https://www.kitguru.net/channel/generaltech/damien-cox/lawyers-across-the-world-gear-up-for-class-action-lawsuit-against-facebook-and-cambridge-analytica/ https://www.kitguru.net/channel/generaltech/damien-cox/lawyers-across-the-world-gear-up-for-class-action-lawsuit-against-facebook-and-cambridge-analytica/#respond Wed, 11 Apr 2018 14:31:35 +0000 https://www.kitguru.net/?p=369935 Facebook itself is under a lot of scrutiny thanks to the Cambridge Analytica data harvesting, with pretty much all eyes across the world pointed in its direction. It has a lot to make up for, as CEO Zuckerberg stated once again in front of US Congress, but first it might have another issue on its …

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Facebook itself is under a lot of scrutiny thanks to the Cambridge Analytica data harvesting, with pretty much all eyes across the world pointed in its direction. It has a lot to make up for, as CEO Zuckerberg stated once again in front of US Congress, but first it might have another issue on its hands. Lawyers throughout the United States and the United Kingdom are attempting to take both companies to court in a class-action lawsuit over the misuse of user data.

While Cambridge Analytica is the most publicised culprit in abusing Facebook’s older data policies, the lawsuit also drags SCL Group Limited and Global Science Research Limited (GSR) into the mix for similarly harvesting data without regulation.

The lawsuit gives Facebook some breathing room by accepting that the initial fault might have been due to the naivety of the company, however it also lambasts the platform for its poor response to subsequently protect the data of over 70 million US citizens and at least 1 million in the UK.

This data was allegedly used in campaigns across the US 2016 presidential elections and in the UK’s British EU referendum. Cambridge Analytica, however, has maintained that it never used the data in any political context despite ex-director Steve Bannon leading the charge in 2014 when the data was collected, before serving as Donald Trump’s campaign and White House adviser.

Moreover, it argued that it only had access to 30 million US citizens that were all legally obtained via the use of application policies back in 2014.

Cambridge Analytica has yet to address the class-action lawsuit, however Facebook has stated that it is “committed to vigorously enforcing our policies to protect people's information” and “will take whatever steps are required to see that this happens.”

Overall, the main purpose of the lawsuit is “to ensure that Facebook's users are not injured by similar shenanigans again,” however it is also seeking damages to be awarded to the plaintiffs. Considering this has been brought under the US Stored Communications Act, this could see a minimum of $1,000 (approximately £700) for each and every violation, with all affected members counting as individual violations.

“The defendants effectively abused the human right to privacy of ordinary Facebook users and, if that were not enough, then the fruits of that abuse are alleged to have undermined the democratic process,” states the UK arm of the lawsuit, led by McCue and Partners’ Jason McCue. “This case will go some way to ensure that neither of these things can happen in the future.”

Discuss on our Facebook page, HERE.

KitGuru Says: With Facebook essentially performing as much damage control as necessary, it certainly seems that the company is trying to make amends. Especially thanks to a potential excess of $70 billion in damages, that is. At the very least, data privacy has tightened on other sites meaning that internet users are seeing a positive result of this whole thing after all.

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Class action lawsuits are gearing up after Facebook acknowledges call and text data collection https://www.kitguru.net/gaming/damien-cox/class-action-lawsuits-are-gearing-up-after-facebook-acknowledges-call-and-text-data-collection/ https://www.kitguru.net/gaming/damien-cox/class-action-lawsuits-are-gearing-up-after-facebook-acknowledges-call-and-text-data-collection/#respond Thu, 29 Mar 2018 14:51:32 +0000 https://www.kitguru.net/?p=368825 Earlier this week, it was discovered that Facebook was siphoning smartphone data outside of its applications, logging Android users’ calls and text messages. Three affected users have now stepped forward, attempting to construct a class action lawsuit against the company for violating their privacy. The suit was filed in a federal court based in Northern …

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Earlier this week, it was discovered that Facebook was siphoning smartphone data outside of its applications, logging Android users’ calls and text messages. Three affected users have now stepped forward, attempting to construct a class action lawsuit against the company for violating their privacy.

The suit was filed in a federal court based in Northern District of California, just days after Facebook came under fire for the Cambridge Analytica debacle. Although just three users are involved, they seek to represent all that have been affected, asking for as-of-yet an unspecified amount of damages.

Facebook acknowledged the data collection on Sunday, calling it an opt-in feature, meaning that users always had the opportunity not to participate. The problem arose from it being the default for any user running Android 4.0 Jelly Bean or prior, with criticism falling on the company for not being as upfront and it could have been about the intrusive practice.

The social media platform has gone on to try and reassure its users that the collected data is not sold to third-parties and is kept safe and secure on its servers. This, however, begs the question of why it needs and keeps the data in the first place.

Alphabet, the owner of Google and its Android branding has not been called forward in the suit as of yet, but will potentially be asked to cooperate in the pending case.

Discuss on our Facebook page, HERE.

KitGuru Says: It’s uncertain how seriously this case will be taken, because on one hand we have a group of people who clearly haven’t read the terms and conditions in full before opting into something and on the other, we have an overwhelmingly powerful platform with a responsibility to be better than this. It will be interesting to see how the courts see it.

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Apple to be included in class action lawsuit over Spectre and Meltdown issues https://www.kitguru.net/lifestyle/mobile/apple/damien-cox/apple-to-be-included-in-class-action-lawsuit-over-spectre-and-meltdown-issues/ https://www.kitguru.net/lifestyle/mobile/apple/damien-cox/apple-to-be-included-in-class-action-lawsuit-over-spectre-and-meltdown-issues/#respond Tue, 16 Jan 2018 23:38:55 +0000 https://www.kitguru.net/?p=360714 Apple has had a rocky start to the new year after it confirmed that all Mac and iOS devices were affected by Spectre and Meltdown flaws at the start of the month. While it managed release a fix that had issues of its own, there was no question that a class action lawsuit was inbound. …

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Apple has had a rocky start to the new year after it confirmed that all Mac and iOS devices were affected by Spectre and Meltdown flaws at the start of the month. While it managed release a fix that had issues of its own, there was no question that a class action lawsuit was inbound.

The class action lawsuit originated from Israel, in which a firm of lawyers is seeking permission from the Haifa District Court to include Apple in its impending legal battle against Intel and ARM, according to Hamodia.

Official details of the brief have yet to be revealed, however concerns surround privacy or lack thereof seems to be the main point raised.

Hamodia notes a quote from attorney Rimon Zinati, who notes that “something new has appeared on the tech landscape. Our worst nightmares have come to pass, and a giant tech bubble has burst. That this is an earthquake is an understatement. Since the announcement by the companies of the vulnerabilities of their products, we realize that we are living in a fantasy world and now realize that we do not even have a minimum of privacy.”

The most recent issues with Apple’s devices were first thought to be related to the update it released for the Spectre CPU bug. The company has since refuted these claims, stating that it has seen almost no performance hit from its patches. If true, this would mean that its latest debacle would be caused by something else and therefore not be a part of the lawsuit.

KitGuru Says: Considering just how many private details Apple has access to alongside that of Intel and ARM, it’s no wonder that people want to be sure nothing was compromised. It’s all well and good that the company’s response time regarding issues is impressive, but if it doesn’t have adequate protection, it’s the user base that loses out.

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Killzone Shadowfall 1080p lawsuit dismissed https://www.kitguru.net/gaming/matthew-wilson/killzone-shadowfall-1080p-lawsuit-dismissed/ https://www.kitguru.net/gaming/matthew-wilson/killzone-shadowfall-1080p-lawsuit-dismissed/#comments Tue, 05 May 2015 19:27:19 +0000 http://www.kitguru.net/?p=248185 The class-action lawsuit put together against Sony for falsely listing Killzone Shadowfall as a native 1080p game has been dismissed. The goal was to sue Sony for $5 million because the multiplayer component of the game ran at 960×1080 rather than the full 1920×1080 resolution. According to Courthouse News, Judge, Edward Chen, signed a joint …

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The class-action lawsuit put together against Sony for falsely listing Killzone Shadowfall as a native 1080p game has been dismissed. The goal was to sue Sony for $5 million because the multiplayer component of the game ran at 960×1080 rather than the full 1920×1080 resolution.

According to Courthouse News, Judge, Edward Chen, signed a joint stipulation that dismisses the lead plaintiff's lawsuit with prejudice. Each party will need to take care of their own legal costs, but the exact terms of the settlement were not disclosed.

Killzone-shadow-fall-ps4-wallpaper-in-hd

This does mean that those who bought Killzone Shadowfall will not be able to claim any money back for the 1080p mix up. Class-action lawsuits rarely benefit anyone but the lawyers involved, which is especially true in this case as they are the only ones getting paid after all of this.

Either way, it is another bill Sony doesn't need to worry about, which it is probably thankful about due to its poor financial situation.

Discuss on our Facebook page, HERE.

KitGuru Says: While it is true that Sony did falsely list Killzone Shadowfall as native 1080p for the full game, the mix up did not warrant a lawsuit. Do you guys think this lawsuit deserved to be dismissed? 

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Apple and Google to settle poaching lawsuit for $415 million https://www.kitguru.net/channel/generaltech/matthew-wilson/apple-and-google-to-settle-poaching-lawsuit-for-415-million/ https://www.kitguru.net/channel/generaltech/matthew-wilson/apple-and-google-to-settle-poaching-lawsuit-for-415-million/#comments Fri, 16 Jan 2015 17:00:03 +0000 http://www.kitguru.net/?p=230967 Google, Apple, Intel and Adobe apparently don't want to go to trial in April over a no-poaching class action lawsuit, filed by over 60,000 employees several years ago as the companies have all agreed to a $415 million settlement deal. The four tech giants originally offered $324.5 million to settle last year but court judge, …

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Google, Apple, Intel and Adobe apparently don't want to go to trial in April over a no-poaching class action lawsuit, filed by over 60,000 employees several years ago as the companies have all agreed to a $415 million settlement deal.

The four tech giants originally offered $324.5 million to settle last year but court judge, Lucy Koh, turned it down and believed the plaintiffs deserved a lot more than that. However, the $415 million is still a lot less than the $3 billion originally sought after.

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Image source.

This no-poaching lawsuit came about as during 2005 and 2009, Intel, Apple, Adobe and Google, along with several other companies including Pixar and Lucasfilm, had an agreement not to steal each other's employees.

The 60,000 employees that are part of this class action suit, claim that the companies agreed not to poach eachother's employees in order to keep salaries low. Lucasfilm, Pixar and Intuit have already settled this lawsuit for $20 million and the no-poaching agreement is no longer in place.

However, due to how large companies like Google, Intel and Apple are, it has taken much longer for a settlement to be agreed upon.

Despite being on the losing side, an Intel spokesperson insisted to Cnet that the companies involved had done nothing wrong: “We deny the allegations contained in the suit and we deny that we violated any laws or that we have any obligation to the plaintiff. We elected to settle the matter in order to avoid the risk, burdens and uncertainty of ongoing litigation.”

Discuss on our Facebook page, HERE.

KitGuru Says: With this class action lawsuit being so huge, a $415 million settlement should net each participant around $6,900. Although that number may well end up being less due to other fees involved.

Source: Reuters
Via: Engadget

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Sega agrees to $1.25 million settlement in Aliens lawsuit https://www.kitguru.net/gaming/matthew-wilson/sega-agrees-to-1-25-million-settlement-in-aliens-lawsuit/ https://www.kitguru.net/gaming/matthew-wilson/sega-agrees-to-1-25-million-settlement-in-aliens-lawsuit/#comments Tue, 12 Aug 2014 11:36:04 +0000 http://www.kitguru.net/?p=206957 Sega has agreed to a $1.25 million settlement in the Aliens Colonial Marines class action lawsuit. While the drama is over for Sega, Gearbox has yet to settle the case and will have to continue to fight on. The lawsuit is claiming that both Sega and Gearbox Studios falsely advertised Aliens Colonial Marines by using …

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Sega has agreed to a $1.25 million settlement in the Aliens Colonial Marines class action lawsuit. While the drama is over for Sega, Gearbox has yet to settle the case and will have to continue to fight on.

The lawsuit is claiming that both Sega and Gearbox Studios falsely advertised Aliens Colonial Marines by using fake demos at trade shows such as E3. Gearbox recently filed to have its name dropped from the lawsuit, although the appeal has yet to be approved.

Alien Colonial Marines

If Sega's $1.25 million settlement is approved, $312,000 will be used to cover the plaintiffs court costs, $200,000 will cover administration fees, $2,500 will go to the plaintiff himself and the rest will be used to pay back all eligible customers who bought the game.

Those who bought Aliens Colonial Marines before the 13th of February will have to fill out a three question form. The amount paid back to customers will depend on how many people apply for a share of the money. However, none of the money will be returned to Sega. Details on how to claim have yet to be revealed.

Despite agreeing to the settlement, the court papers claim that Sega is not admitting to being guilty and will continue to deny any wrong doing. The company is only settling due to court costs.

Aliens Colonial Marines released on the 12th of February to bad reviews and harsh critical acclaim. The class action lawsuit claims that Sega advertised the title with graphical fidelity, AI behavior and entire levels that weren't featured in the final product.

Discuss on our Facebook page, HERE.

KitGuru Says: Aliens Colonial Marines was a huge disappointment and will certainly cast doubt amongst amongst potential customers when it comes to upcoming Sega titles. However, continuing to deny any wrong doing  in the face of all of the evidence will likely agitate gamers and will affect Sega's public image. Did any of you guys pre-order Aliens Colonial Marines? Were you disappointed by it?

Source: Polygon

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