What Is a Settlement Family Dollar Class Action Lawsuit?
- by Ayden
Family Dollar has recently settled a large class action lawsuit that charged the discount retail chain of violating the Telephone Consumer Protection Act when they text message their customers without first receiving express permission. Under the terms of this class action lawsuit, Class Members will each receive a fraction of a percent of the alleged damages. This amount is calculated on the date the lawsuit is filed. The discounting of such language is becoming more widespread as it is not only illegal but also a violation of federal law.
The discounting of legally recognized consumer protection laws is one of the reasons many large corporations choose to avoid filing any lawsuit related to their conduct. It is also one of the reasons why there is a great reluctance among injured individuals to pursue such claims in a court of law. There are many class action lawsuits and injured persons who wish to seek monetary compensation from the individual or entity responsible for such injury and feel they are entitled to such monies under any circumstances. However, there are also many other individuals who believe that claims cannot be based on these facts and will never receive compensation.
According to those who support family dollar stores, there was an example of a Family Dollar manager who apparently did not understand the concept that he was required to have a non-smoking policy in place. In this regard, the Court found there were numerous instances throughout which smokers were permitted to remain seated and did not raise their hands to ask the manager if they could smoke. The supervisor disregarded this conduct and even gave a cigarette to a smoker who remained seated. Subsequently, a customer began to complain to the manager that he could not understand the reason for the employee’s conduct. The court found the manager was within his legal right to ignore the complaint and that the employee was exercising his right to sit down whenever he wanted to. Such facts support the contention advanced by family dollar stores that they are liable for permitting employees to remain seated in areas where smoking is prohibited by law.
According to the opposing party in a family dollar class action lawsuit, there are multiple incidences where customers have been subjected to unreasonable meal and hotel rates by hotels and resorts throughout the state of Maine. The opposition further contends that such rates and charges are completely unjustifiable given the current state of the economy and the fact that hotel and motel rates are subject to change on a regular basis. In the result, plaintiffs assert that the charges they pay for rooms, food and accommodations are entirely unjustifiable given the lack of justification for such costs. Similarly, the opposing party contends that there are legitimate reasons for higher hotel and meal rates and the law allows the opposition to pursue the case to the maximum of the available remedies.
Plaintiffs also contend that a significant number of claims brought forth in this litigation fall under the heading of an area referred to as “cluttered aisles.” Plaintiffs argue that such areas exist in many cases where plaintiffs are forced to either walk through a series of “cluttered” aisles or else wait their turn to be seated in line at the counters located in those aisles. Some claim that such a scenario is caused by the owner’s (or agent’s) refusal to refund monies accrued from room accommodations when those rooms are left unoccupied. Such actions, they contend, further deny them the full benefits of hotel and restaurant discounts and facilities that would make staying at such hotels more affordable. The opposing parties counter that such actions do not constitute a violation of the law and that such actions cannot be held against a plaintiff unless there is evidence that the defendant acted with deliberate indifference.
This class lawsuit involves a claim that was filed against three Maine hotels and one motel chain. On September 8, Plaintiffs filed suit against Golden Rule, Days Inn & Suites, and the motel chain corporation. On September 9, the defendants in their answer action filed an answer in which they claimed that plaintiffs did not bring the Class Action lawsuit within the proper time period. Plaintiffs then filed an answer in which they claimed that the defendants in their answer failed to acknowledge any wrongdoing and did not state that they had a duty to mitigate. (Plaintiffs argue that there is a duty to mitigate but the duty here does not extend to correcting alleged violations of a contract).
Family Dollar has recently settled a large class action lawsuit that charged the discount retail chain of violating the Telephone Consumer Protection Act when they text message their customers without first receiving express permission. Under the terms of this class action lawsuit, Class Members will each receive a fraction of a percent of the alleged…
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