Apple, Nasty Gal and Muscle Milk Are Some of August’s Class-Action Settlements
This month’s featured class-action settlements showcase a wide range of companies that have agreed to pay out high-dollar settlements to consumers.
Several companies agreed to settle allegations of Telephone Consumer Protection Act violations, and one of those could amount to $100 per text.
CytoSport and Muscle Milk: False Advertising
If you bought certain CytoSport or Muscle Milk products in the last several years, you may qualify for a portion of a $12 million class-action settlement.
CytoSport Inc. was accused of making false and misleading statements regarding the protein content of CytoSport/Muscle Milk Protein Ready-to-Drink Shakes and Muscle Milk Protein Powder products. The company also allegedly used misleading terms such as “Lean” and “L-Glutamine.”
CytoSport Inc. admits no wrongdoing, but agreed to settle the allegations.
The settlement involves two classes:
The Shake Class includes all customers within the U.S. who purchased Cytosport Whey Isolate Protein Drink; Monster Milk Protein Power Shake; Genuine Muscle Milk Protein Nutrition Shake; and Muscle Milk Pro Series 40 Mega Protein Shake between Jan. 23, 2011 (Jan. 23, 2009 in Michigan) and May 5, 2020.
Each class member will receive $1 per purchased class product, subject to pro rata adjustment. Class members without proof of purchase will be subject to a maximum claim of $25, but no cap exists for Shake Settlement class members who provide proof of purchase.
The Powder Class includes all United States consumers who between Jan. 23, 2011 and Dec. 31, 2018 purchased any of the following powder products that had the phrase “lean lipids,” “lean protein,” “lean muscle protein,” or “new leaner formula” on the label:
- Muscle Milk Lean Muscle Protein Powder
- Muscle Milk Light Lean Muscle Protein Powder
- Muscle Milk Naturals Nature’s Ultimate Lean Muscle Protein
- Muscle Milk Gainer
- High Protein Gainer Powder Drink Mix
- Muscle Milk Pro Series 50 Lean Muscle Mega Protein Powder
- Monster Milk Lean Muscle Protein Supplement
Class members will receive $3 for each purchased item weighing 2 ¾ lbs. or less and $5 for each purchased item weighing more than 2 ¾ lbs.
Settlement class members without proof of purchase will be subject to a maximum claim of $25, but those Powder Settlement class members who provide proof of purchase will have no cap.
The amount of recovery will be proportionally adjusted to account for the available portion of the settlement fund.
Class members who want to submit claims or ask to be excluded from the class action settlement have until Sept. 16, 2020 to do so.
More information can be found here.
Nasty Gal: Unsolicited Text Messages
If you received an unsolicited text message from online retailer Nasty Gal between July 1, 2015 and June 7, 2020, you could qualify for either $35 cash or a $45 voucher as part of a recent class-action settlement.
Nasty Gal allegedly violated the Telephone Consumer Protection Act (TCPA) by sending text messages via an autodialing system without receiving prior consent from consumers.
In addition, many of the cell phone numbers Nasty Gal texted were listed on the National Do Not Call Registry. The TCPA protects consumers from telemarketing activity that interrupts their daily lives unless the consumer has provided express written consent to receive such communication.
Nasty Gal chose to settle the case to avoid ongoing litigation.
A claim ID number and PIN are available to those affected on the settlement notice, but a claim form also may be printed and mailed. Class members choose between receiving the $45 voucher towards a future purchase or a check for $35.
Class members must file a valid claim by Sept. 18, 2020.
More information can be found here.
GoDaddy: Unsolicited Texts & Calls
If you received an unwanted text message or phone call from GoDaddy between Nov. 4, 2014 and Dec. 31, 2016, you could be eligible for a portion of a $35 million TCPA class-action settlement.
Consumers say GoDaddy collected phone numbers when customers bought products or services and proceeded to use those phone numbers for marketing calls and texts. People who are already customers would receive these messages and so would former customers, according to the class action lawsuit. Plaintiffs said they did not provide consent to such communication.
GoDaddy denies all allegations, but agreed to settle the TCPA lawsuit to avoid continued costs and risks of litigation.
To obtain either a $150 GoDaddy merchandise credit voucher or a $35 check, submit a valid claim form by Oct. 7, 2020.
Apple iPhones: Throttled Performance
Apple has agreed to a $500 million class-action settlement to resolve claims that the performance of older-model Apple iPhones were intentionally slowed.
Plaintiffs said Apple admitted to throttling older phones in order to avoid those phones from unexpectedly shutting down due to their older batteries, but they allege the company slowed the phones to convince customers they needed to buy newer iPhones.
Apple did not admit to any wrongdoing but agreed to settle the lawsuit, which will result in the company handing over between $310 million and $500 million, depending on the number of valid claims received.
You may be eligible if you own an iPhone 6, 6 Plus, 6s, 6s Plus, and/or SE device that ran iOS 10.2.1 or later before Dec. 21, 2017, or in the case of iPhone 7 and 7 Plus devices, that ran iOS 11.2 or later before Dec. 21, 2017.
Exact payments will depend upon the number of claims that are approved and other mitigating factors, but are estimated to be around $25 per eligible iPhone.
You have until Oct. 6, 2020 to submit a valid claim.
More information can be found here.
LoanCare: Incorrect Late Fees
LoanCare has agreed to an estimated $1,150,000 class-action settlement regarding allegations the mortgage lender improperly calculated late fees.
Class members include homeowners who currently or previously had a mortgage loan governed by a Federal Housing Administration promissory note that controls the calculation of late fees. The FHA says late fees are to be charged as a percentage of the principal and interest portion of the monthly payment, referred to as P&I.
LoanCare allegedly based late fees on a percentage of the entire monthly payment, which includes the principal, interest, taxes and insurance (PITI), instead of the P&I.
According to settlement terms, current LoanCare mortgage loan customers should see a correction on their account statement and a credit to the account equal to the difference between what the customer paid in late fees and the amount that should have been charged, plus 2% interest annually from May 1, 2016.
Anyone who no longer has LoanCare servicing a loan should receive a check in the mail for the amount overpaid plus that same 2% interest calculated annually since May 1, 2016.
Because these settlement amounts will be dispersed without a claim form, any LoanCare customer who wishes to opt out of the settlement must do so by Oct. 6, 2020.
Navy Federal Credit Union: Texts to Non-Members
Navy Federal Credit Union has agreed to a $9.2 million class-action settlement regarding allegations the financial institution sent text messages to non-members in violation of the TCPA.
Non-members of Navy Federal who received an unsolicited text message between Sept. 15, 2015 and March 23, 2020 could receive more than $100 per text, but the amount will depend upon the number of valid and timely claims received. Any text messages sent regarding fraud are not covered by this settlement.
Navy Federal admits no wrongdoing, but agreed to the settlement to end the allegations.
Settlement documents indicate the credit union only has some of the smartphone numbers it used to send the text messages, but the records are incomplete, which means some class members may not be contacted.
Proof of receiving an unwanted text from Navy Federal Credit Union is not required, but those who do provide proof, such as a screenshot of the text message, might be eligible for additional “claim credit.”
The deadline to submit a claim is Sept. 7, 2020.
More information can be found here.
DeVry University: Job Opportunities
DeVry University has agreed to a $44.95 million class-action settlement regarding allegations both DeVry and Keller misrepresented job placement opportunities to prospective students.
Although DeVry admitted no wrongdoing, plaintiffs alleged DeVry misled them with claims that 90% of all graduates or graduates of Keller Graduate School of Management gained employment in their chosen careers within six months of graduating. DeVry also allegedly falsely claimed that its graduates made a 15% higher annual income than alumni at other schools.
If you were enrolled in a DeVry or Keller education program between Jan. 1, 2008 and Dec. 15, 2016, you could be eligible for the following:
- Associate’s degree graduates: $500
- Bachelor’s degree graduates: $1,000
- Master’s degree graduates: $500
In addition to the monetary awards, each class member who did not land a job in their chosen career field within six months may receive career counseling. In addition, graduates who need deletion of negative credit events that DeVry reported between Jan. 1, 2008 and Dec. 15, 2016 will receive such deletions.
Learn more about the details of this settlement and how to file a claim.
