The Trial Lawyer Winter 2025 | Page 86

LEGALBRIEFS

LEGALBRIEFS

By Top Class Actions
the unique characteristics of comparable vehicles and is contrary to appraisal standards and methodologies.
The Geico class action lawsuit claims the insurer’ s conduct represents a scheme and design to mislead and defraud its insureds and benefit financially through improper and deceptive means.
Peloton recalls nearly 880,000 exercise bikes over seat post hazards
Peloton is recalling nearly 878,000 of its exercise bikes due to a defect that could lead to the seat post breaking during use, posing a risk of falls and injuries. This recall affects the Peloton Original Series Bike + with model number PL02.
The Peloton recall was announced on Nov. 6 and involves bikes sold from January 2020 through April 2025. These bikes, which retail for about $ 2,495, were available at Peloton and Dick’ s Sporting Goods stores, as well as online platforms like Amazon and eBay.
The affected Peloton exercise bikes have serial numbers starting with the letter“ T” and were manufactured in Taiwan.
Peloton has received three reports of seat posts breaking, resulting in two injuries from falls.
“ The bike’ s seat post assembly can break during use, posing fall and injury hazards to the user,” the recall notice states.
Peloton urges bike owners to stop using the recalled models immediately and contact the company for a free replacement seat post.
The company has redesigned the seat post to prevent future incidents and has made these replacements available to all Bike + users impacted by the Peloton recall.
Peloton confirms it has received three reports of the seat post breaking and detaching from the bike during use, including two reports of injuries due to a fall. The company is not currently facing legal action over the recall.
84 The Trial Lawyer
Geico class action claims insurer underpaid auto policyholders
Geico policyholders recently filed a class action lawsuit against the auto insurer, claiming it underpaid them for their total loss vehicle claims.
Plaintiff Jamil Abdullah and three others filed the class action complaint against Geico Secure Insurance Co., Geico Casualty Insurance Co., Geico Advantage Insurance Co. and Government Employees Insurance Co. on Oct. 30 in Ohio federal court. They allege violations of state and federal consumer protection laws.
The plaintiffs say they each purchased Geico auto insurance policies from one of the Geico operating units in Ohio and made first-party insurance claims when they suffered damage to their vehicles.
Geico allegedly declared their vehicles a total loss, requiring it to pay the actual cash value( ACV) of those vehicles.
Instead of paying ACV, as required by the insurance policies and Ohio law, Geico reduced the payment amount by deducting an arbitrary“ condition adjustment” from the actual cost of comparable vehicles used to determine the ACV, even though neither Geico nor its valuation vendor CCC Intelligent Solutions inspected the comparable vehicles, the Geico class action lawsuit says.
The plaintiffs argue Geico’ s practice of deducting a condition adjustment from the ACV of total loss vehicles violates its insurance policies and Ohio law.
They say the condition adjustment is applied categorically without regard for
Judge says CVS Pharmacy must face class action lawsuit alleging it unlawfully tracked health data of online users
A California federal judge has ruled that a class action lawsuit accusing CVS Pharmacy and marketing partner Medallia of illegally intercepting personal health information from website visitors can proceed.
The class action lawsuit alleges CVS and Medallia violated the California Invasion of Privacy Act and engaged in negligence and invasion of privacy by using third-party tracking technologies embedded on the CVS website to unlawfully collect visitors’ personal health information for targeted advertising purposes.
U. S. District Judge Michelle Court found that the plaintiff had sufficiently alleged the disclosure of sensitive information and that consumers’ loss of control of this data caused concrete harm, Law360 reports.
Judge Court found that the plaintiff alleged a sufficiently concrete injury, the“ loss of control” of his sensitive data, to establish Article III standing and adequately pleaded nearly all his claims against CVS and Medallia.