Consumer Class Actions

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Consumer Litigation

  • Home Affordable Modification Program (“HAMP”)

    Donovan Axler, LLC represents Pennsylvania and Illinois borrowers in class action litigation against Bank of America and JPMorgan Chase alleging that the banks failed to comply with their obligations to modify borrowers’ mortgages under the federal Home Affordable Modification Program (“HAMP”).  Both cases have been consolidated with other class actions filed throughout the country and […](more)

  • KIA Sephia Defective Brake NJ Class Action Info

    Case Summary: On February 16, 2001 owners of 1997-2000 KIA Sephia’s brought suit against KIA Motors in the Superior Court of New Jersey, due to a defective front brake system which resulted in: Brake pads and rotors to excessively wear out Noise issues such as squeals and groans Constant repairs and replacements             The Court certified a […](more)

  • Alexico Corporation

    This consumer class action arises out of Defendants’ illegal sale of “‘Premium Care’ Theft-Gard” (“PCTG”). The PCTG is an aftermarket product distributed, sold and administered by Defendant Alexico Corporation (“Alexico”). It is then sold directly to consumers by the remaining Defendants, each of which is a Pennsylvania car dealer who eitherbrokers the sale on behalf of the consumer or as […](more)

  • Title Insurance Cases

    The defendant companies are:   Chicago Title Insurance Company Conestoga Title Insurance Company Guarantee Title and Trust Company Old Republic National Title Insurance Company Stewart Title Guaranty Company   Court Decisions : Chicago Title – Order – Denying Motion to Dismiss ; Ticor Title – Order – Denying Complaint Dismissal ; Ticor Title – Order – Denying Motion to Dismiss(more)

  • Continental Tires

    US Bank is a national provider of credit cards and other financial services directed at consumers through various forms of solicitation. Each card was issued with specific terms and agreements, however US Bank decided the terms were not sufficient and so they enacted a “change in terms”, specifically altering way APR was calculated. As a […](more)

  • U.S. Bank

    US Bank is a national provider of credit cards and other financial services directed at consumers through various forms of solicitation.  Each card was issued with specific terms and agreements, however US Bank decided the terms were not sufficient and so they enacted a “change in terms”, specifically altering way APR was calculated.  As a result US Bank […](more)

  • Erie Insurance Litigation

    This was a consumer class action in which the consumer alleged that Erie collected premiums for the time period before life insurance coverage went into effect.  In particular, the action alleged that the insurance policy did not take effect until it was delivered to the insured, but that Erie received premium payments from consumers covering […](more)

  • Fry v. Hayt, Hayt & Landau

    198 F.R.D. 461 (E.D. Pa. 2000) Donovan Searles, LLC co-counseled this debt collection class action involving over 55,000 class members who received deceptive dunning letters from the defendant debt collector law firm. Plaintiff achieved a settlement valued in excess of $453,000.(more)

  • General Motors Plenum

    This suit was initiated by purchasers of GM automobiles equipped with the 3800 series engine (VN K-RPO L36).  The engine powers a multitude of GM cars  engine was fitted with a faulty stove pipe manifold that lead to an increased loss of coolant, premature internal engine wear, and/or internal engine problems.  These cars were purchased from 1995 […](more)

  • Farina v. Nokia Inc., et al.

    The past 15 years have seen cell phone use evolve from a mere convenience to an all out necessity.  Increased usage without proper testing of the required equipment has led to adverse reactions within the makeup of the human body.  The biological harm is further manifested when a unwitting person talks on their cell phone without the […](more)

  • Bally’s Total Fitness

    Current status: A reported decision on Defendants Motion to Dismiss, case now moving forward on Plaintiff’s Motion for Class Certification. Court Decisions : Bally’s – Order – Denying Motion to Dismiss Court Opinion’s: Ballys Order & Memo Approving Class Certification(more)

  • Samuel v. Equicredit Corp

    Donovan Searles, LLC served as co-counsel to the plaintiff and a class of twelve thousand Pennsylvania residential homeowners who were victimized by practices and policies of a sub-prime home equity lender. Following vigorous litigation, the case settled in consideration of a $2,500,000 payment to the class, as well as substantial relief for class members whose […](more)

  • Little v. Kia Motors America, Inc.

    No. UNN-L-800-01 (Law Division Aug. 20, 2003) Donovan Searles, LLC as co-counsel in this New Jersey class action against Kia, similar to the Samuel-Basset case in Pennsylvania. On August 20, 2003, the New Jersey Superior Court certified a class of New Jersey consumers to pursue breach of warranty and Consumer Fraud Act claims arising from […](more)

  • Colbert v. Dymacol, Inc.

    305 F.3d 1256 (3d Cir. 2002)(appeal vacated and dismissed, March 10, 2003) Donovan Searles LLC co-counseled this class action involving over 186,000 Pennsylvania consumers under the Fair Debt Collection Practices Act. The case involved cutting edge issues involving the intersection of Rule 68 offer of judgments and Rule 23 class actions. The case was argued […](more)

  • Braun v. Wal-Mart Stores, Inc.

    2003 WL 1847695 (Pa. Com. Pl. January 15, 2003) Donovan Axler, LLC is co-counsel to the plaintiff and class in this action to recover unpaid wages earned by Wal-Mart employees for overtime work and missed or shortened meal and break periods. Plaintiff has obtained a court ruling prohibiting Wal-Mart from conducting ex parte interviews with […](more)

  • Samuel-Bassett v. Kia Motors America, Inc

    212 F.R.D. 271 (E.D. Pa. 2002) Donovan Axler, LLC is co-counsel in this class action involving 10,000 Pennsylvania consumers against Kia Motors America, Inc. The class claims arise from a systematic defective brake system in Kia Sephia automobiles, model years 1995-2001. The district court granted plaintiff’s motion for class certification and Kia has appealed that […](more)

  • Newton v. United Companies Financial Corp.

    24 F. Supp. 2d 444 (E.D. Pa. 1998) Donovan Searles, LLC co-counseled this five day bench trial on behalf of four low-income plaintiffs against a sub-prime home equity lender for violations of the Home Ownership and Equity Protection Act and the Equal Credit Opportunity Act. Plaintiffs prevailed on virtually all their claims, achieving rescission of […](more)

Predatory Lending

  • Williams v. Empire Funding Corp

    Donovan Searles, LLC co-counseled this class action against a predatory lender who deprived consumers of their right to rescission under the federal Truth-In-Lending Act through the use of a deceptive “two-contract scheme” whereby a home improvement company named Fredmont Builders targeted low income areas, going door-to-door promoting a program of home improvements and repairs which […](more)