Law Offices of Brian Turner LLC

Archive for December, 2010|Monthly archive page

Alabama Attorney General Speaks Out on Kenneth Feinberg

In Uncategorized on December 29, 2010 at 11:58 am

USA Today ran an editorial piece this morning (December 29, 2010) lauding praise on Kenneth Fienberg and the BP claims process.  In response to that editorial, USA Today ran a commentary by outgoing Alabama Attorney General Troy King, who charges that Mr. Feinberg is not working for the benefit of those injured by the Deepwater Horizon spill.  Instead, Attorney General King argues that Mr. Feinberg and his firm, which is being paid $850,000.00 per month by BP, is doing all that can be done to limit BP’s expenditures. 

Mr. Feinberg continually encourages Gulf Coast residents to avoid filing lawsuits.  As Mr. King states, “Feinberg has exploited the hopelessness and despair that many Gulf Coast residents feel as they face bankruptcy and live in the shadow of BP’s latest broken promises by telling them they will receive a better deal through the claims process than if they go to court – a statement he cannot substantiate.” 

Attorney General King suggests that the process Mr. Feinberg has put in place is not as consumer friendly as what BP had agreed to do.  He also notes that the State of Alabama has gone so far as to issue a “scam alert” warning consumers to proceed with caution when dealing with the claims process Mr. Feinberg is running, and that consumers should consult with counsel before signing any paperwork. 

Mr. King summarizes his position like this: 

Each citizen must give deep and serious thought to his own situation and what is the best way to proceed.  It is unfortunate, but clear to me, that our citizens cannot simply accept Feinberg’s advice, trusting it to be in their best interest – for it may well not be so.

Consumers should heed Mr. King’s advice and proceed with caution.

Apple Sued for Alleged Consumer Privacy Violations

In Legal News on December 29, 2010 at 11:38 am

Bloomberg and Reuters have reported that two class action lawsuits have been filed in California against Apple Inc., alleging that apps for their popular iPad and iPhone transmit users’ personal information without the consent of the consumers using the devices.  Google’s Android platform is also being reviewed for the way its apps transmit personal data. 

Consumer information from such popular apps as Pandora, Weather Channel, Paper Toss, and Dictionary.com is alleged to be shared from the smartphone to third-party advertisers.  Information such as the user’s age, gender, sexual preference, location, political views, income level, and other similar data is being sent to advertisers who then target the users of the apps.  The iPhone and iPad have a Unique Device Identifier (UDID) which users are unable to block.  Apple has amended its developer agreement to try to prevent apps from sending personal data.  However, the lawsuits allege that Apple has failed to implement these consumer protections. 

Smartphone users should be wary of what information they provide through the apps they download.  The cases allege claims for violation of federal computer fraud and privacy laws.  The cases are: Freeman et al., v. Apple Inc., et al., No. 5:10-cv-05881-HRL and Lalo v. Apple Inc., et al., No. 5:10-cv-05878-PSG.  Both are pending in the U.S. District Court for the Northern District of California in San Jose.

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