How Has the Pandemic Impacted the Filing and Progress of Class Action Lawsuits?

While the coronavirus pandemic has brought with it a wave of COVID-19-related class action lawsuits and legal issues, it has also led to an overall decrease in the number of consumer-based class action lawsuits filed.

An analysis by Law360, using Bloomberg Law data from October, shows the number of putative class action lawsuits has been cut nearly in half, from 290 in October 2019 to 148 in October 2020.

Of those 148, most cases fit into the categories of fraud and false advertising, Telephone Consumer Protection Act (TCPA), data breach, and COVID-19. The remainder dealt with debt collection, online illegal gambling, privacy, and other issues.

Antitrust, securities, and civil rights class action lawsuits were not included in the analysis.

COVID-19-Related Litigation

The COVID-19-related class action lawsuits filed during the same period — and indeed, throughout the pandemic — have focused on a variety of issues, from business to direct healthcare needs.

These cases largely focus on allegations that businesses have failed to protect workers and patrons, insurance companies have refused to pay out on business-interruption policies, travel has been canceled without refunds being issued, or that the government has overstepped in its attempts to mitigate coronavirus dangers, whether through mask requirements or prolonged lockdowns.

For example, New York residents filed a class action lawsuit Oct. 7 in an effort to force state officials to change guidelines on how ventilators are distributed during this and other health crises.

The plaintiffs, who all have disabilities and rely on ventilators, claim state guidelines allow hospitals to reallocate ventilators if a patient seeks acute medical care at a hospital during such a crisis.

And then there are consumers who say they paid for a product or service and, even though they were unable to use it due to COVID-19 restrictions or closures, they have been unable to get their money back.

An October class action lawsuit filed in Illinois accuses Six Flags of continuing to charge park-goers their monthly membership and season pass fees during the time the parks were closed due to COVID-19.

Universities, such as Harvard, also have faced class action lawsuits seeking tuition and fee reimbursements for services the schools were allegedly unable to provide during lockdowns.

Common Consumer Complaints

False Advertising and Fraud

The number of class action lawsuits involving fraud and false advertising has not fallen by as much as the number of those filed in other categories.

Consumers continue to be concerned that the products they buy are labeled accurately and that they are getting what they believe they paid for at the time of purchase.

Not only that, but, as Law360 points out, these types of cases are easy for attorneys to research and file without leaving their house. The paperwork is also a bit easier as the text of previous complaints can be copied and pasted into the new complaint, reducing the cost of filing.

One of the most common types of class action lawsuits has been over labels not reflecting the actual ingredients of the product.

For example, a woman filed a class action lawsuit in October claiming that Chobani Greek Yogurt is falsely advertised as being vanilla, when in fact it is not flavored solely with the vanilla bean.

The plaintiff says she was searching for a yogurt flavored using only the vanilla bean, ultimately purchasing Chobani because of the allegedly false representations made on the product label.

A plaintiff hit Kraft Heinz with a class action lawsuit in October claiming that the advertised number of servings and the advertised serving size of its Maxwell House coffee products are misleading.

She claims if consumers follow the brewing instructions on the canister, the container yields far fewer servings than represented.

Privacy

Consumers also remain concerned for their privacy, filing class action lawsuits against major companies when they feel that privacy has been violated in some way.

One class action lawsuit filed in October claimed Walgreens’ facial recognition security cameras violate the Illinois Biometric Information Privacy Act (BIPA).

The plaintiff, a Walgreens customer, claims his face was scanned on multiple occasions without the company first getting his consent, as required under BIPA.

Walgreens is facing an additional class action lawsuit over claims that its facial recognition security cameras violate Illinois privacy law.

Amazon Web Services (AWS) also faces a privacy class action lawsuit filed in October.

The plaintiff in that case says AWS’ voiceprint technology used in customer service centers also violates BIPA. The company allegedly houses the voiceprint on servers without obtaining permission, then profits from their use.

Unwanted Calls and Texts

While everyone has arguably spent more time on their phone during the coronavirus pandemic, most do not want their time wasted with unsolicited calls and text messages.

A California couple has filed a class action lawsuit in federal court in October alleging they received unwanted marketing texts from five marijuana dispensary companies.

The plaintiffs say they received at least 127 nuisance texts from the companies between April 2016 and April 2020, in violation of the Telephone Consumer Protection Act (TCPA); they are asking for $2,000 for each violation, in addition to other damages.

A consumer in Illinois similarly has accused Sonic Corp. of texting consumers unwanted coupons in violation of the TCPA.

The plaintiff says the texts continued despite his attempt to opt out of receiving the messages.

Automobile Safety

People have fewer driving destinations these days, as lockdowns come and go, but they want to make sure when they are ready to drive, their vehicle will keep them safe — both for themselves and the environment.

Plaintiffs in one of the class action lawsuits filed over vehicle performance and safety claim a failed air bag control unit in Hyundai-Kia, Fiat-Chrysler, Toyota and other makes of vehicle has a potentially fatal defect. More than 15 million vehicles are reportedly affected.

Also in October, Porsche owners filed two class action lawsuits alleging some models were equipped with emissions defeat devices. Both of these class action lawsuits claim Porsche installed the devices in 2010-2016 model-year Porsche Panameras and 2009-2016 model-year Porsche 911s.

Discrimination

And, at this time when many find themselves struggling to keep or find employment, workers are trying to hold their companies accountable for alleged discrimination.

McDonald’s was hit with two class action lawsuits in October.

The first, filed by Black employees of a Rock Island, Illinois, McDonald’s, say they faced racial harassment from white co-workers and supervisors. They also claim they were discriminated against when it came to the number of hours they were scheduled to work.

The second, filed by Black McDonald’s franchisees, claims the plaintiffs were discriminated against by being denied support and desirable franchise locations; they also claim they were subject to more scrutiny and inspections than white franchisees.

Have you participated in any class action lawsuits since the coronavirus pandemic began? Tell us about it in the comments below.

Coronavirus Lawsuits & Legal Issues

Since the COVID pandemic shut down the country, Top Class Actions has been keeping you up to date on the latest Coronavirus lawsuits and legal issues. 

Coronavirus Complete Lawsuit Guide

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