Federal Judge Appoints WMP Interim Class Counsel in Class Action against HOP Energy

On May 17, 2024, United States Magistrate Judge Victoria Reznick of the Southern District of New York appointed WMP as interim co-lead class counsel in WMP’s class actions against HOP Energy, LLC for breaching its contract to supply home heating oil to consumers in eight states. 

 Courts designate interim class counsel “to act on behalf of a putative class before determining whether to certify the action as a class action.”  Where there are overlapping, duplicative, or competing suits pending in other courts, “the Court may find it necessary to appoint interim class counsel ‘to safeguard the interests of the class.’” 

 In this case, the Court noted a class action pending against HOP in federal court in Pennsylvania and HOP’s claims that the Pennsylvania case overlaps with WMP’s cases.  Because the rights of the classes in the New York cases may be impacted by a settlement in the Pennsylvania case, the Court found it necessary to “protect” the classes in WMP’s cases by representing those consumers “in any settlement involving” the Pennsylvania case.

The Court further highlighted the WMP (and co-counsel Shub & Johns LLC) are well-qualified to protect the interests of the class members in WMP’s cases.  In particular, the Court found that WMP “are experienced class action attorneys, who have litigated large-scale consumer class actions,” and specifically noted WMP’s experience in “deceptive energy practices” litigation.  The Court also recognized WMP’s efforts in the cases against HOP to date, including successfully defeating a motion to dismiss and motion to stay and bifurcate discovery, as well as efforts to obtain documents from HOP to prosecute the class claims.  The Court further noted that WMP was willing and able to commit the resources necessary for the cases against HOP.

To read a copy of the interim class counsel order, click here.

WMP Files $100 Million Class Action Lawsuits Against NordVPN

Wittels McInturff Palikovic has filed class actions against NordVPN in the U.S. District Court for the Northern District of California (Civil Action No. 24-2462) and Western District of North Carolina (Civil Action No. 24-277) on behalf of NordVPN’s customers nationwide.

The class action alleges that NordVPN uses deceptive and illegal “automatic renewal” practices to dupe customers into unknowingly paying for unwanted, pricey subscriptions to the NordVPN virtual private network and other services.  The lawsuit further alleges that NordVPN’s practices, including its alleged practice of intentionally making it difficult for consumers to cancel their subscriptions once enrolled in NordVPN, constitute “dark patterns,” which are deceptive design practices that aim to manipulate consumers into taking certain actions and exploit known frailties in human cognitive processing.  As a result, the lawsuit alleges that NordVPN customers paid tens of millions of dollars more than they would have if NordVPN had not used deceptive and illegal automatic renewal practices.

If you were a NordVPN customer who was charged for a subscription that you did not want, we urge you to contact a class action attorney at WMP for a free case evaluation.  Should a lawsuit be brought, there is no cost or fee involved in joining the case.  You can contact us by clicking here, calling (914) 775-8862, or emailing us at case@wittelslaw.com.

To read the class action complaints, click here (California) or here (North Carolina).

WMP Files Class Action Lawsuit Against Eligo Energy

Wittels McInturff Palikovic has filed a class action against Eligo Energy, LLC and Eligo Energy NY, LLC in the U.S. District Court for the Southern District of New York (Case No. 24 Civ. 1260) on behalf of Defendants’ energy customers nationwide. 

The class action alleges that Eligo used deceptive and bad faith pricing practices for its electricity and natural gas offerings.  Specifically, the lawsuit alleges that although Eligo promises in its form contract that its energy rates will be “calculated on a monthly basis in response to market pricing, transportation costs, and other market price factors,” the company instead assesses excessive and varying rates that have resulted in customers paying millions of dollars more than they would have had Eligo set rates according to its contract.

If you were an Eligo customer who was charged excessive electricity or natural gas rates, we urge you to contact a class action attorney at WMP for a free case evaluation.  Should a lawsuit be brought, there is no cost or fee involved in joining the case.  You can contact us by clicking here , calling (914) 775-8862, or emailing us at case@wittelslaw.com.

To read the class action complaint, click here.

New York Federal Judge Certifies Class of 120,000 XOOM Customers for Alleged Energy Overcharges

On August 31, 2023, U.S. Court District Judge Allyne R. Ross certified a class of 124,530 XOOM customers who claim the company overcharged them for residential and small business electricity and natural gas service.  The Class alleges that XOOM’s overcharges breached its contracts with its New York customers.

Wittels McInturff Palikovic initially filed a class action lawsuit against XOOM in April 2018, alleging that XOOM failed to honor its promise in its New York contracts to charge energy rates “based on XOOM’s actual and estimated supply costs.” 

Among the Court’s rulings on Plaintiff’s motion for class certification, Judge Ross found that the disputes between Plaintiff and XOOM could be decided “in one stroke” at trial and therefore the case was suited to be tried as a class action. 

On June 20, 2024, the Court reiterated its August 2023 decision and denied XOOM’s motion to decertify the Class, allowing the case to continue to proceed as a class action.

These rulings are important victories for the New Yorkers damaged by XOOM’s broken promises.  For a copy of the class certification ruling, click here.  For a copy of the decertification ruling, click here.  For a copy of the Complaint, click here.

For more information, contact us.

New York Federal Court Judge Rebuffs NY Paving and Sends Case to Trial for 100+ Pavers Denied Millions in Overtime

Southern District of New York Judge Andrew L. Carter denies company’s decertification motion and allows case to proceed to trial for more than a hundred hard-working pavers owed millions of dollars in unpaid overtime for showing up before dawn to load trucks and drive to the jobsites.

WMP Files $50+ Million Class Action Lawsuit Against NY’s Largest Beer Distributor Manhattan Beer and CEO Simon Bergson for Fraudulent Bottle Deposit Charges

For more information or to join this case, contact us by clicking here, calling (914) 775-8862, or emailing us at case@wittelslaw.com.

On February 18, 2022, WMP filed a class action lawsuit in New York Federal Court to recover tens of millions of dollars for consumers victimized by Manhattan Beer’s illegal billing scheme.  

The suit describes how the beer giant boosts profits by adding hidden surcharges to invoices for top-selling brands like Corona, Coors, and Mike’s Hard Lemonade. 

Specifically, the company uses deceptive invoices to dupe small businesses into paying bottle deposit charges that are higher than what the law allows.  Adding insult to injury, the lawsuit alleges that the beer giant only surcharges its smaller mom and pop customers but not larger customers like supermarket chains.

“Manhattan Beer’s CEO Simon Bergson likes to boast that his company provides ‘best-in-class service’ to its customers,” says lead lawyer Steven L. Wittels.  “But you can’t be best if you rip off your customers by collecting millions a year in sham bottle deposit charges,” he adds.

“This isn’t the first time Manhattan Beer has been caught red-handed hurting the little guy,” continues partner J. Burkett McInturff.  “A Federal judge recently ruled that Manhattan Beer makes illegal deductions from its workers’ wages in another class action our firm brought against the company.” 

With over one billion dollars in annual revenue, and sales of more than 45 million cases of beer and hard beverages a year, the millions Manhattan Beer reaps from its bottle deposit scam translates to even higher profits for company executives.

“Let’s just say that’s a lot of beer money,” adds lead class lawyer Steven L. Wittels, “and the small businesses Manhattan Beer stole it from would like it back.”

To read the Class Action Complaint, click here.

To contact us about this case, click here.

WMP Files $25 Million Class Action Lawsuit Against HOP Energy

Wittels McInturff Palikovic has filed a class action against HOP Energy, LLC in the U.S. District Court for the Southern District of New York (Civil Action No. 21 Civ. 10406) on behalf of HOP Energy’s heating oil customers in eight states. 

The class action alleges that HOP Energy agreed to provide heating oil at the prevailing retail price, but instead HOP Energy took advantage of consumers and charged massive premiums.  The Wittels McInturff Palikovic team analyzed HOP Energy’s prices and found that in the 2019 and 2020 winter months, HOP Energy charged customers 60% or more above the prevailing retail price.  As a result, the lawsuit alleges that HOP Energy customers paid tens of millions of dollars more than they would have if HOP Energy honored its promise to charge competitive rates.

The eight states included in the lawsuit are Connecticut, Delaware, Massachusetts, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont.

If you were a HOP Energy customer who was overcharged for home heating oil, we urge you to contact a class action attorney at WMP for a free case evaluation.  Should a lawsuit be brought, there is no cost or fee involved in joining the case.  You can contact us by clicking here, calling (914) 775-8862, or emailing us at case@wittelslaw.com.

To read the class action complaint, click here.

California Federal Judge Green Lights $100 Million Class Action Lawsuit Against Stubhub

On November 22, 2021, U.S. District Court Judge Haywood S. Gilliam, Jr. denied Stubhub’s attempt to force customers who were allegedly denied refunds during the COVID-19 pandemic to arbitrate their California claims.

Wittels McInturff Palikovic initially filed a class action lawsuit against StubHub in June 2020, alleging that once the COVID-19 pandemic hit, StubHub reneged on its signature “FanProtect™ Guarantee,” which promised customers full refunds for cancelled events.  The complaint alleges that StubHub changed its longstanding guarantee without warning, instead offering StubHub credit only, while pocketing customers’ money. 

WMP’s lawsuit was consolidated with others alleging similar claims against StubHub, and in November 2020, the court appointed WMP partner Tiasha Palikovic co-lead interim class counsel for the multi-district litigation.  In February 2021, StubHub moved to send all Plaintiffs’ claims to arbitration, arguing its user agreement required it.

Among the Court’s rulings on StubHub’s motion, Judge Gilliam found the arbitration agreement was unenforceable as to Plaintiffs’ California claims.  Those claims will continue to proceed in litigation.  

This ruling is an important victory for the many consumers damaged by StubHub’s broken promises as well as consumers’ rights generally to exercise their constitutional right to use the U.S. court system.

For a copy of the ruling, click here. For a copy of the Complaint, click here.

For more information or to join the case, contact us.

WMP Files $10 Million+ Class Action Lawsuit Against CareCube for Scheme to Overcharge for COVID-19 Tests

For more information or to join this case, contact us by clicking here, calling (914) 775-8862, or emailing us at case@wittelslaw.com.

On February 17, 2022, WMP filed a lawsuit in Kings County New York Supreme Court to recover tens of millions of dollars for patients victimized by CareCube’s illegal billing schemes related to the COVID pandemic.

CareCube has been systematically charging patients for bogus doctor visits they claim were needed before CareCube would administer a COVID-19 test.  CareCube has also systematically charged patients for their COVID-19 tests upfront while falsely assuring customers that they will eventually receive reimbursement.

As the lawsuit details, while consumers waited in long lines for COVID-19 tests, CareCube’s revenue skyrocketed, and the company expanded across New York City.  Dozens of unhappy customers complained in online forums, to legislative officials, and to reporters that they were charged for doctor visits that never happened and that CareCube broke its promise of free COVID testing.  In August 2021, CBS New York reported on the many online and Better Business Bureau complaints about CareCube’s fake billing, prompting New York City Comptroller Brad Lander to contact the New York Attorney General’s office and call for an investigation of CareCube’s “deceptive and fraudulent practices.” 

WMP’s class action amplifies Lander’s alarm that CareCube is “adding in just made-up other charges” to consumers’ bills.  On January 6, 2022, the New York Attorney General’s Office announced that it was officially investigating CareCube, followed by a report from New York Magazine that the company is also under Department of Justice scrutiny. 

CareCube’s sneaky practices are emblematic of the rampant medical billing fraud in America today. The National Health Care Anti-Fraud Association conservatively estimates annual health care fraud at $108 billion.  COVID-19 scams are also widespread, leaving governments to warn the public to stay vigilant.  The United States Food and Drug Administration, United States Department of Health and Human Services Office of Inspector General, and New York Department of Financial Services have also issued warnings to consumers.  Meanwhile. CareCube has been growing under the aegis of a legitimate medical services provider. 

“This suit will prove that CareCube engaged in a massive medical billing scheme throughout New York City,” says Steven L. Wittels, partner with WMP. “For example, our clients were told their COVID tests would be reimbursed by their health insurer, but CareCube billed one individual $225 for a fake doctor’s visit instead of the PCR tests she solely received.  Even a quick review of consumer websites shows that CareCube fleeces consumers for fake consultations and pulls a bait-and-switch where CareCube tells patients at the last second that prices have increased or otherwise misbills consumers to increase the company’s profits.  Many consumers reported that CareCube refused to provide receipts, which from CareCube’s perspective, is a simple way to hide illegal billing practices.”

The lawsuit seeks to recover money consumers paid for illusory doctors’ visits and other fraudulent billing practices in addition stopping CareCube’s illegal practices. The Plaintiffs’ legal team, Wittels McInturff Palikovic, have requested a jury trial.

To read the Class Action Complaint, click here.

To contact us about this case, click here.