News & Investigation

eBay Class Certified

We are pleased to report that a class action was certified against eBay September 30, 2010. The class is defined as:

"All eBay customers, beginning April 20, 2003, who advertised a listing for sale on eBay.com using the Sell Your Item form and using the ‘start listing when submitted’ default selection for listing start time. Excluded from the class are: (a) claims based on listings with the ‘By It Now’ option where the item was sold at the ‘Buy It Now’ price; (b) defendant eBay and its subsidiaries, affiliates, officers, directors, agents, and employees; (c) any governmental entity; (d) any judge or judicial officer presiding over this matter and his or her immediate family members; (e) claims for personal injury and wrongful; and (f) any and all legal representatives of the parties and their employees."

Class certification is not a decision on the merits of the case. The Court has decided that eBay customers can pursue the case as a class action rather than as individual claims. The class certification order can be found here. If you would like additional information about this class action, please contact John Fabry in Bailey & Galyen's Houston office at (281) 335-7744 or jfabry@galyen.com.

In RE: Sony PS3 "Other OS" Litigation

John Fabry from our Houston office filed one of seven class action lawsuits against Sony for crippling PS3 functionality through a firmware update. The cases have been consolidated and the attorneys are working together to prosecute the claims against Sony. The deadline for plaintiffs to file a Motion for Class Certification is February 28, 2011.

If you would like additional information about this class action, please contact John Fabry in Bailey & Galyen's Houston office at (281) 335-7744 or jfabry@galyen.com.

NTTA Excessive Fee Investigation

Bailey & Galyen is investigating the claim that the North Texas Tollway Authority (NTTA) is engaged in unreasonable and deceptive billing practices. These billing practices include charging an excessive "Administrative Fee" of $25.00 for each unpaid toll and using a confusing "Violation Invoice" form that does not make clear how much money is owed. NTTA users have complained about excessive "Administrative Fees” being added to their tolls. In some cases, “Administrative Fees” in of hundreds of dollars, and even over $1,000 have been reported.

If you have paid an NTTA "Administrative Fee," or received an NTTA "Violation Invoice," and would like to discuss your rights and interests, or have information relating to this investigation, please contact John Fabry in Bailey & Galyen’s Houston office at (281) 335-7744 or by email at jfabry@galyen.com.

NTB - National Tire and Battery Investigation

Bailey & Galyen is investigating the claim that consumers are being charged unauthorized “Shop Fees” in conjunction with work performed on their vehicles by NTB shops. Consumers have complained that unauthorized and non-negotiable “Shop Fees” have been added to their NTB service and repair bills. When asked about the “Shop Fees,” NTB employees have not been able to adequately explain the fees and claim to have no control over them. Added “Shop Fees” of $20 - $30 have been reported.

If you have been charged “Shop Fees” by any NTB – National Tire and Battery service center and would like to discuss your rights and interests, or have information relating to this investigation, please contact John Fabry in Bailey & Galyen’s Houston office at (281) 335-7744 or by email at jfabry@galyen.com.