Welcome back to the ClassAction.org newsletter! We have a few new cases for you this time around. Just below, you’ll find that Samsung is facing litigation over how it advertises the water resistance of its Galaxy Watch Active 2 smartwatches, Whole Foods is being sued over the Omega-3 content of its 365-branded fish oil and PayPal is looking at a proposed class action for allegedly misrepresenting the real risk of incurring repeated overdraft fees with its “Pay in 4” service. And, for those who are curious, we recently wrote a piece on unique settlement ID numbers – why they’re used, where to find them, and what to do if you misplaced it or never received one in the first place. Keep reading for more and be sure to check out the latest settlements that you may be able to claim.
Although they sound similar, the difference between waterproof and water resistant is fairly major. This important distinction is the crux of a recently filed proposed class action involving the Galaxy Watch Active 2 smartwatch. The case contends that Samsung misled consumers into believing the smartwatches are waterproof (impermeable to water, regardless of time spent submerged) when they are merely water resistant – that is, able to resist the penetration of water to a certain degree but not entirely. Indeed, the suit alleges that the smartwatch, which is advertised as capable of being worn while swimming, will be damaged after coming into contact with liquid “for a few minutes or even seconds,” much less if fully submerged for an extended period of time. The case goes on to state that Samsung has gone so far as to create “internal indicators” to detect whether a Galaxy Watch Active 2 has been exposed to liquid as a way to deny customer warranty and repair claims. You can read up on the case here.
If a product uses one of its ingredients as a major selling point, it should contain the advertised amount of said ingredient, at the very least. Earlier this month, lawyers filed a proposed class action claiming that Whole Foods’ 365-brand 100% Wild-Caught Fish Oil is misleadingly labeled in that it contains significantly less Omega-3 than consumers are led to expect. The lawsuit alleges that, although the label on bottles of the fish oil states that the product contains 1000 mg of Omega-3 fatty acids, the supplement contains only 300 mg of the essential fat. The suit goes on to say that consumers would not have paid as much for the Whole Foods fish oil, or would not have purchased it at all, had they known that the softgels contained considerably less Omega-3 than advertised. You can find the details over on this page.
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When filling out a claim form for a settlement, you will sometimes be asked for a unique settlement ID or a claim number. Information on how to find this number will typically be included on the webpage or form you are using, but we’ve taken some time to break down the need for and use of unique settlement IDs in our latest blog. More and more, settlement administration firms are utilizing these unique identifiers as a way of knowing who’s who among the people submitting claims for compensation – and as a way to prevent fraud and increase claims rates. So, for information on how they’re used, where to find them, what to do if you lose yours or what to do if you never received one, head over to our blog.
In our final story this week, a proposed class action is alleging that PayPal has misrepresented to consumers the “real and repeated” risks of using its buy-now-pay-later “Pay in 4” service. Pay in 4 allows users to make purchases at millions of online stores without paying the full price upfront and instead paying the amount owed in four equal installments (hence the name) with no interest, fees or hassle. What customers aren’t told, however, is that the way subsequent payments are processed may result in multiple insufficient fund or overdraft fees, the suit says. This can be a real problem for consumers who are strapped for cash and need to spread payments out to make ends meet – a core demographic for the service. The lawsuit looks to cover all consumers who used the PayPal Pay in 4 service and incurred an overdraft or insufficient funds fee as a result of an automatic withdrawal. You can read up on the story here.
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