Wal-Mart Settles Collusion Class Action Lawsuit over Deal with Netflix

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Last week, Wal-Mart settled a lawsuit with millions of current and former customers of Netflix for illegally colluding with Netflix to stay out of each other’s markets. Wal-Mart agreed to back out of offering DVD rentals by mail, and Netflix agreed to endorse Wal-Mart’s DVD sales. A group of Netflix customers filed suit against Wal-Mart and Netflix over the deal, alleging illegal collusion. Collusion is an agreement to limit competition in a market, which has the effect of guaranteeing larger market shares and keeping prices high in that market. Many, but not all, of these agreements are illegal under U.S. antitrust laws.

Wal-Mart has agreed to settle the lawsuit, but Netflix is continuing to fight. There is a website online for more details of the settlement here: https://onlinedvdclass.com/. Current and former customers of Netflix who paid a subscription between May 19, 2005 and September 2, 2011 can file a claim here: https://onlinedvdclass.com/ClaimForm.aspx.

KPA Donates Food Baskets for Thanksgiving!

With the help of the Ocean Park Community Center, Khorrami Pollard & Abir donated food baskets with a full Thanksgiving meal to 5 families.

Happy Thanksgiving!

Partner Shawn Khorrami and Associate Bahar Dejban Published in The Advocate

Founding partner Shawn Khorrami and Associate Bahar Dejban are published in this months Advocate magazine on Product Liability; titled "New Rules: Differences between Suing Medical-Device and Pharmaceutical Drug Manufacturers"

The article can be found here

Class Action Allowed in Bedbug Suit

An Iowa judge has certified a class action filed on behalf of about 300 current and former residents of two Des Moines apartment buildings who say their landlord failed to combat a growing bedbug infestation.

The suit claimed the buildings for elderly and disabled residents first experienced a bedbug problem in late 2007, the Des Moines Register reports. Residents have complained they had to trash infested furniture and couldn’t move out because landlords and relatives shunned them. “Everybody sleeps on the floor,” one resident said in an interview last year.

Penny Auctions: Too Good to Be True

Penny AuctionImagine being able to win a new television set for less than 10% of the retail price just by outbidding other people online in one cent increments. If this sounds like there is a catch, there is. A big catch. The winner of the auction pays the final price that he or she bid, but each bid costs between $0.50 and $1.00 per penny bid. Each bid is non-refundable, so a bidder may spend a good deal of money bidding for a product that they never win. Further, new bids increase the time of an auction by 15 to 30 seconds, so a last minute bidding war can extend an auction by several hours past its original deadline.

Although there are a few good deals to be had with less popular auctions, many penny auction sites also have hidden traps. According to the FTC, some penny auction sites use automated computer scripts (bots and shills) to drive up the price of auctions automatically to prevent any good deals. Some sites are phishing sites that steal financial information.  According to the Better Business Bureau, there are also numerous hidden costs. One such scheme involved bonus “free” offers that end up costing money.

Consumer Reports offers useful tips on how to use penny bidding sites without getting ripped off. First, verify that the penny bidding site is legitimate through user reviews and complaints to the Better Business Bureau. Next, make sure that the site allows unlimited refunds of purchased bids and allows placed bids to be used towards a purchase of the item, commonly known as a “buy it now” option. Finally, be prepared to lose the amounts that you have placed in bids. Or better yet, watch for sales online and in stores through deal hunting web sites like FatWallet and Slickdeals!