Category Archives: Class Action Litigation

Victims of Massive Security Breach Receive Few Settlement Dollars

April 18th, 2012

In one of the largest security breaches of all time, hackers stole information from over 100 million credit cards from Heartland Payment Systems. Heartland provides payment processing services for over a quarter million American businesses. A class action lawsuit followed the breach, and the company agreed to pay between $1 million and $2.5 million to the plaintiffs. But since Heartland didn’t have addresses for the plaintiffs, the company launched a $1.5 million ad campaign to reach everyone affected, telling them to submit their claims for their share of the settlement. Heartland said they received 290 claims. Of those 290, Heartland determined that 11 were valid.

After all was said and done, 100 million credit card accounts were hacked and 11 people got a piece of the settlement. Furthermore, the details of the settlement stipulated that the most a single claimant could receive was $175. If every claimant received the maximum possible allowance, a total of $1,925 was doled out to victims of one of the biggest security breaches ever. At minimum, that is .002 percent of the total settlement given over to actual victims. The rest went to non-profits specializing in consumer protection.

Is this fair? Should Heartland have spent their advertising dollars more wisely, considering they ultimately spent more advertising dollars per claim than they did on actual settlement payments? Or do the non-profits who seek to spread awareness of this issue deserve the hundreds of thousands of dollars they received?

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Medicaid Recipients Lose Their Class Action In Florida

January 11th, 2012

Hopes for a class-action suit representing thousands of institutionalized Medicaid recipients in Florida have been dashed, as a federal judge last week chose to remove the class action status.

U.S. District Judge Robert Hinkle ruled in favor of the seven Medicaid patients who sued the state in 2008. The plaintiffs had said that as Medicaid recipients, they should be allowed to live in other settings. Unfortunately, five of the seven plaintiffs are no longer alive, and one changed his mind.

Because the judge removed the class action status, due to the lack of original plaintiffs, the ruling now applies to only one person, not the 8,500 people estimated to be in the same situation.

In his ruling, Hinkle cited changes to the state’s Medicaid program that give more people an option to leave a nursing home than it did at the time the lawsuit was filed.

Hinkle wrote in his ruling that “the state apparently has made errors … in failing to transition a small number of nursing home residents.”

Speaking to the Miami Herald, a spokesman for the AARP said the ruling was a “limited victory.”

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Couple Suing IRS Get Their Payment

January 9th, 2012

A Largo, Florida couple that sued the IRS last week after they became the victims of identity theft received their refund check, the same day they did media interviews discussing their situation.

“Is that unbelievable?” said Jay Gordon, after they found the $2,570 they had been fighting for in their bank account.

Hoping to get class-action status, the couple sued the IRS on December 28. With the growing number of Florida residents who are becoming victims of identity theft, the Gordon’s might have gotten the status they sought.

Now that they have their money, though, they no longer feel the lawsuit is necessary for them. “We got what we wanted,” Jay Gordon said.

Clearwater attorney James Staack wants to keep the lawsuit going because there are other victims, and is investigating his legal options for doing so.  He hopes to find a new plaintiff.

The large response received by The Tampa Tribune and Staack after the Gordon’s story was published last week indicate the attorney should have no trouble finding what he seeks.

Jay Gordon is uncertain whether the interviews he and his wife did had anything to do with the timing of their payment, but is grateful that it arrived.

Sarelson Law Firm – Miami class action lawyers

 

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