Annie's Fruit Snacks Class Action Filed

A class action on behalf of consumers of Annie's Fruit Snacks has been filed in the San Diego County Superior Court, California. The case alleges that Annie's packaging misrepresents that the fruit snacks are sweetened with real fruit juice because only juice concentrates are present, which are considered "added sugars" by the FDA. Attorney Kenneth Quat is co-counseling the case with the firm of Fitzgerald Monroe Flynn, PC.
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

Tenant Class Action against Avalon Bay

A class action lawsuit against Avalon Bay Communities, Inc. and Quincy Avalon, LLC, is pending in the Suffolk Superior Court. The suit alleges that current and former tenants of the Avalon Quincy apartment complex and of other properties owned and managed by Avalon Bay are entitled to damages because they were unlawfully billed for sub-metered water and sewer service. The putative class is represented by Kenneth D. Quat of Quat Law Offices, Charles G. Devine, Jr., and Lei Zhao Reilley.
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

"Arrive Westborough" Class Settlement Given Final Approval

On October 23, 2023, the Worcester Housing Court granted final approval to a class action settlement reached between current and former tenants of the apartment complex in Westborough known as Arrive Westborough, previously known as Fountainhead Apartments. Payments to be made to tenants under the settlement are expected to go out in mid/late January, 2024. The tenant class was represented by Kenneth D. Quat, Charles G. Devine, Jr., and Lei Zhao Reilley.
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

Beacon Square Class Action Settlement

A settlement agreement has been reached and filed with the Hampden Superior Court in a class action lawsuit alleging that Olympia Beacon Square, LLC, the owner of Beacon Square apartments in Chicopee, Massachusetts, violated tenants' rights by charging them for electricity used for common area lighting. The Court has schedule a hearing for January 9, 2024, to determine whether to give preliminary approval to the settlement. The tenants are represented by Kenneth D. Quat of Quat Law Offices and Jeffrey S. Morneau of Connor & Morneau, LLP
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

Back to Nature Class Action

A New York consumer has filed a class action lawsuit, alleging that the packaging of Back to Nature Stoneground Wheat Crackers unlawfully deceives customers by representing that the product's primary flour is whole wheat flour, which is untrue. The consumer seeks to recover overpayments made to purchase the product and to compel the manufacturer to change the labeling so it is no longer deceives consumers. In July, 2024, the Second Circuit Court of Appeals ruled that the allegations of the case state valid claims for relief. Attorney Kenneth D. Quat is co-counseling this lawsuit with Reese LLP and the Center for Science in the Public Interest.
By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

Tenant Class Actions: Northland and JRK

A class action lawsuit against Northland Fountainhead is scheduled for mediation in November, 2022. This case alleges that Northland violated the rights of tenants  in a number of respects, including by mishandling their security deposits, improperly charging for damage to units, and improperly calculating and billing water and sewer charges. Attorney Quat is co-counseling this case with Attorneys Charles Devine and Lei Reilley.

A demand letter under Massachusetts General Laws Chapter 93A has been served on JRK Holdings, JRK Residential Group, and related entities on behalf of a former tenant of The Residences at Tewksbury Commons. The tenant alleges that JRK committed a number of violations of Massachusetts law in calculating and billing tenants for water and sewer service.
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

Dealer Agrees to Repurchase Allegedly Defective Vehicle

A settlement was recently completed where a car dealer repurchased a vehicle from  a client of Quat Law Offices for nearly the entire purchase price.  The vehicle had stalled on several occasions while being driven at highway speeds, an obviously dangerous situation. The settlement was reached even though the protections of the Massachusetts Lemon Law had expired, there was no express warranty on the vehicle, and the vehicle had been driven over 5,000 miles. 
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

Select Portfolio Servicing Accused of Violating Discharge Injunction

Select Portfolio Servicing, Inc. ("SPS"), a major servicer of mortgage loans, has been sued by clients of Quat Law Offices in the United States Bankruptcy Court for the District of Massachusetts. The lawsuit asserts that on multiple occasions SPS attempted to collect a debt that had been discharged in a Chapter 13 bankruptcy case.  This is the second case that these particular clients have been compelled to file against SPS for such violations. ________
By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

National Collegiate Student Loan Trust: Case Dismissed

In 2017, National Collegiate Student Loan Trust. (NCSLT) sued  a client of Quat Law Offices seeking to recover in excess of $60,000 on an alleged student loan debt.  Attorney Kenneth D. Quat defeated NCSLT's motion for summary judgment, following which NCSLT agreed to dismiss the lawsuit with prejudice. 
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

Midland and Barclays Statute of Limitations Developments

On September 21, 2018, a class action lawsuit was filed against Midland Credit Management and the Schreiber/Cohen law firm of Salem, New Hampshire, on behalf of two Massachusetts residents who were sued on consumer debts by Midland Funding after the Delaware three-year limitations period had expired. 

On October 5, 2018, a judge of the Orange District Court dismissed a collection lawsuit brought by Midland Funding on the ground that it was filed beyond the three-year Delaware statute of limitations.

The class action lawsuit brought against Barclays Bank Delaware and the Stillman Law Office for filing collection lawsuits beyond the three-year Delaware statute of limitations remains pending.

Attorney Kenneth D. Quat represents the consumers in these lawsuits.  The Midland class action is being co-counseled with Greater Boston Legal Services and the National Consumer Law Center.
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

Post Cereals Sued for Misrepresenting "Honey Bunches of Oats"

On October 5, 2018, a class action suit was filed against Post Consumer Brands, LLC, for committing unfair and deceptive trade practices in branding and packaging  its "Honey Bunches of Oats" cereals as primarily sweetened with honey.  In fact, the cereals are primarily sweetened with sugar and other refined substances, while honey is a very minor ingredient.  The lawsuit contends that consumers were harmed by paying a premium to purchase the cereals as misrepresented by Post.  The plaintiffs and the putative class are represented by Quat Law Offices and Reese LLP.
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

Class Action Filed Against Atlantic Collection Agency

On October 9, 2018, a class action suit was filed against Atlantic Collection Agency of East Lyme, Connecticut, in the United States District Court, District of Massachusetts.  The suit alleges that for years Atlantic collected consumer debts in Massachusetts without being licensed by the Division of Banks.  The suit seeks compensation for the violation of class members' rights and for money that they paid due to Atlantic's unlawful collection activities.  Counsel for plaintiff is Kenneth D. Quat and Quat Law Offices.
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

Update: State Road Auto

On September 6, 2017, a class action settlement with State Road Auto Sales, Inc., received final approval from the Suffolk Superior Court.   The lawsuit alleged that State Road's standard auto lease violated the Consumer Leasing Act in multiple respects, and that it also contained several anti-consumer provisions that violated Massachusetts law.  The settlement provided for cash payments to class members and for State Road to remedy the alleged violations in its lease form.  The payments have been made and the case has terminated.  Attorney Kenneth D,. Quat served as class counsel along with Attorney Deborah Roher.

State Road is currently being sued  by the Massachusetts Division of Banks.  This case alleges that some of its  consumer contracts are not true leases but rather are disguised sales that violate certain consumer protection regulations. 
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

Barclays Collection Suit Dismissed as Time-Barred

On May 18, 2018, a judge of the Lawrence District Court dismissed a lawsuit brought by Barclays Bank Delaware against a client of Quat Law Offices seeking to collect a credit card debt.  The judge ruled that the Delaware three-year statute of limitations applied (and not the Massachusetts six-year statute) and therefore Barclays had filed the case  too late.  Factors indicating that the Delaware statute applied included: the account agreement was governed by Delaware law; Barclays is incorporated and has its principal place of business in Delaware, and the alleged breach occurred in Delaware.
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

First Resolution Settlement Receives Final Approval

On May 23, 2018, the Suffolk Superior Court gave final approval to a class action settlement in Clark v. First Resolution Investment Corporation, a case that alleged First Resolution - a debt buyer - collected consumer debts in Massachusetts without a license.  The appeal period has since expired and therefore final judgment has entered.  The settlement provides for approximately $1 million in payments to be refunded to class members, and for class members to receive approximately $20 million in interest forgiveness and balance reductions.  The refund checks are being mailed to class members on July 12, 2018, and must be cashed or deposited by September 10, 2018.  Class members with questions may visit the settlement website - www.firstresolutionsettlement.com. 
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

Decision: Midland Funding Must Be Licensed to Collect Consumer Debts in Massachusetts

On February 15, 2017, the Appellate Division of the District Court Department ruled that Midland Funding, LLC, one of the nation's most active debt buyers, cannot lawfully collect consumer debts in Massachusetts without being licensed as a debt collector by the Division of Banks.  Although this decision may be appealed, for the time being it is likely to have significant ramifications for all Massachusetts consumers who are facing collection efforts by Midland, as well as by other debt buyers.
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

Waterfront Capital Settlement Given Final Approval

The Suffolk Superior Court has issued final approval to a class action settlement wherein Waterfront Capital, LLC will pay damages to Massachusetts residents from whom it collected money while not licensed as a debt collector.   The case is entitled Waterfront Capital, LLC v. Jason R. Sissel, No. 14-4051.  Assuming no appeals are taken, judgment will become final on September 15, 2017.   Class counsel are Kenneth D. Quat and Josef C. Culik.
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

Case Updates: LVNV Funding, Midland Funding, Waterfront Capital, Jefferson Capital, First Resolution Investment Corp., Cavalry SPV I

The class actions pending against debt buying companies LVNV Funding, Midland Funding, Waterfront Capital, Jefferson Capital, and Cavalry SPV I have all been moving forward.  The current status of each case is as follows:

LVNV Funding:  Motions for class certification and for summary judgment were heard by the Suffolk Superior Court on December 14, 2016.  Decisions are not expected for at least a month.

Midland Funding:  Midland's motion to compel arbitration was heard by the U.S. District Court on December 7, 2016.  A decision is not expected for at least a month.

Waterfront Capital:  Hearings on motions for class certification and for summary judgment did not go forward as scheduled on September 26, 2016, to permit the parties to finalize a settlement.

Jefferson Capital:  A hearing on Jefferson Capital's motion to compel arbitration is scheduled to be heard by the U.S. District Court on December 21, 2017.

First Resolution Investment Corp:  The parties have completed discovery, and it is anticipated that motions for class certification and for summary judgment will be filed shortly.

Cavalry SPV I:  An initial scheduling conference was conducted by the Suffolk Superior Court on November 15, 2017.  The parties are now pursuing discovery.

Plaintiffs in each of the above cases are represented by Attorneys Kenneth D. Quat and Josef C. Culik.  The National Consumer Law Center is also co-counsel for the plaintiffs in the LVNV cases.


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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

Bertucci's Settlement Documents

The Suffolk Superior Court has given preliminary approval to a class action settlement in the case of Kappotis v. Bertucci's Inc., Civil No. 15-3281.   The settlement resolves claims of Massachusetts consumers who purchased a Bertucci's gift card as part of a 2015 holiday promotion and received a $5.00 'Thank You Card."  The claims allege that Bertucci's failed to disclose important restrictions on the use of the "Thank You Card," thereby diminishing its true value.  On February 9, 2017, the Court will hold a hearing to determine if the settlement should receive final approval.  Important documents in the case, including the settlement agreement and the full class notice, may be reviewed using the following link:http://forrestlamothe.com/class-notices/

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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

State Road Auto Sales: Class Certified

On June 21, 2016, the Suffolk Superior Court granted class certification in the case of Grant v. State Road Auto Sales, Inc., (Civil No. 14-3292).   This lawsuit alleges that State Road Auto Sales employed a standard auto leasing contract which violated the Consumer Leasing Act and Massachusetts law in multiple respects.  Counsel for the plaintiff are Kenneth D. Quat of Quat Law Offices and Deborah G. Roher.
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.