Electronic Signature Pads

Electronic Signing In these days when internet purchasing has become common, and we are getting more and more into a cashless economy, it has become a matter of routine to give out our credit card or debit card information. Some people I know carry no cash whatsoever and rely on credit or debit cards to make even the most trivial purchases, such as a cup of coffee at Starbuck’s (not that a cup of coffee at Starbuck’s is so cheap). This freedom with card information sometimes causes people to forget that there are some unscrupulous people who will misuse it to line their own pockets. This misuse of credit card info is not restricted to outright theft, such as using a stolen card number to run up a slew of purchases. A business which has acquired the card data in a perfectly legitimate way may overreach, either intentionally or through sloppy bookkeeping, resulting in charges to the card which are incorrect. In a case with a slightly different twist, an Arizona student has sued LA Fitness, a California fitness club chain, for using his electronic signature to continue charging his membership fees even though he thought he had rejected the membership. The plaintiff claimed that LA Fitness drained his bank account of money he had set aside for tuition. The case raises an interesting question about the use of electronic signatures, because the plaintiff claimed that he gave his signature after being told that it was for a waiver but was in reality a contract for personal-training. His lawyer noted that the electronic signature pad used in this case is similar to those in retail stores where purchasers sign credit agreements. He said that such pads should not be legitimate for contracts and other complex documents. The student said, “I was never someone who thought I would sue anyone. But somebody needs to stand up.” He was referring to hundreds of complaints filed on consumer web sites alleging that LA Fitness bills for unrequested services, continues making auto-deductions after contracts are cancelled and refuses to pay back the amounts overcharged. So, a word to the wise: be careful with your credit or debit card information, and be sure you know what you are signing when using an electronic signature pad.

Workers Getting Ripped Off

Another Wage and Hour Claim I am always amazed to read about the number of cases involving underpayment of workers under our wage and hour laws. It makes me think that there must be many instances of this sort of violation going unreported right here in Maine. My suspicion is that many, probably most, of these occur in workplaces with national or regional ownership where the same violations are taking place in multiple locations. If you or someone you know is being denied the full benefits of getting paid for all hours on the job or for getting overtime pay for hours in excess of 40 in any given week, then call and ask for me personally, and I will be pleased to set the wheels in motion to recover all of the back pay which is coming to you. What brought this to mind was the recent settlement of a lawsuit by employees of the Hilton Hotel in Los Angeles. The workers claimed that the hotel failed to pay for time preparing for work and taking off uniforms which were required to be left at the hotel after each shift. In the settlement the hotel agreed to pay $2.5 million to about 1200 workers who worked at the hotel from 2004 to 2011.

Whiskey Vapors

“Sweet Vapors” There appears to be no end to the variety of conditions and situations which can form the basis for legal action, but whiskey fumes in the air? Who would have thought? In a unique class-action lawsuit filed last Wednesday in Louisville, Kentucky, the plaintiffs have sued three Louisville distilleries claiming that “sweet vapors” from aging whiskey carry a fungus which produce persistent black spots on cars and homes in the neighborhood. According to the plaintiffs’ attorney recent tests on some of the spots have detected a substance known as “whiskey fungus” or “angel’s share fungus.” Officials identified it as some sort of nonlethal mold which is not harmful to human health but is a nuisance. A spokesman for the targeted whiskey companies said that the spots are caused by a naturally occurring mold found often in the environment and unrelated to the production of whiskey. He said that that the companies do not believe that they have caused any harm to the plaintiffs. So here we have a clear disagreement, and resolving disputes is, after all, what our courts are for, but a class action lawsuit seems a bit over the top for what appears to be a rather minor issue. The fellow who started all of this could probably have got the justice he wants by bringing his claim in small claims court—with no lawyer required.