In the latest data-pass news, a federal judge denied a motion to dismiss several counts in a class action against security software company McAfee. The suit alleges that McAfee transferred consumers’ credit card information immediately after they purchased software but before they downloaded it. Pop-up ads would appear from a third party with a “Try It Now” button that, when clicked by consumers, would enroll them in a monthly program.    

The plaintiffs claim they believed they needed to click on the button to download their software and that McAfee received a fee for each customer who subscribed to the services of Arpu, Inc. via the ad on McAfee’s site. The complaint alleges that the plaintiffs only later learned they were enrolled in a monthly program with Arpu, costing $4.95 per month, and that McAfee transferred their confidential billing information without adequately disclosing what they were signing up for.

U.S. District Court Judge Lucy H. Koh said the plaintiffs could sue under California’s unfair business practices statute even though they could not claim any actual damages. Because the plaintiffs sought disgorgement of profits and restitution from McAfee based on the company’s business practices, their claims satisfied the state law, she said.

Discussing the plaintiffs’ allegations, the judge said there were several facets of the pop-up ad that could deceive a “significant portion of the public” into believing that the ad was affiliated with McAfee. The sequential placement of the ad, the fact that Arpu’s name appears nowhere on the pop-up, and the fact that the only reference to a third party appears in fine print makes it “difficult not to view the ad as an attempt to conceal [the] source and to pass off both the ad and the product as McAfee’s own,” the judge said.

Judge Koh also noted differences that could have tipped consumers off, adding that the plaintiffs were “unable to allege with any precision McAfee’s role in or responsibility for the content of the pop-up ad.” Although the court allowed the plaintiffs’ state law claims to continue, it dismissed claims under the Lanham Act, determining that the allegedly deceptive elements of the pop-up ad were not sufficient to establish a likelihood of injury by direct diversion of sales or a lessening of goodwill.

Jury selection begins Tuesday in Los Angeles Superior Court in a lending discrimination class action against Wells Fargo Bank. Class members are loan customers in minority communities in Los Angeles. Plaintiffs’ counsel will be arguing that Wells Fargo consistently and knowingly discriminated against borrowers in minority neighborhoods, resulting in these borrowers paying more for their loans than borrowers in other parts of Los Angeles County. (Opal Jones, et. al v. Wells Fargo Bank, N.A., Wells Fargo Home Mortgage, et. al Los Angeles Superior Court, Case No. BC337821). Judge Anthony J. Mohr is the presiding judge.

When certifying the class last year, Judge Mohr referred to The Unruh Civil Rights Act. The Act makes it illegal to deny, aid or incite a denial, or make any discrimination or distinction on the basis of, among other things, race, color or national origin. This includes the failure or refusal to provide all persons with full and equal advantages and services in all business establishments.

According to the class action filing, Wells Fargo introduced a computer program in 2002 called “Loan Economics,” which gave loan officers the ability to offer discounts to loan applicants that lowered overall loan costs through reduced fees and interest rates. The lawsuit alleges that branches in predominately white communities could use the program to price loans, while bank branches in predominately minority communities were prevented from doing so by Wells Fargo management.

A $450 million class action is being launched on behalf of National Australia Bank shareholders who lost money during the global financial crisis because of NAB's exposure to toxic debt.

Legal firm Maurice Blackburn will lodge the claim in a Victorian court tomorrow.

The firm says NAB had bought $1.2 billion in collateralised debt obligations (CDO) in 2006 which had a heavy exposure to the US sub-prime housing market.

It will allege that between early January and late July that year, NAB failed to properly disclose to shareholders all material information relating to its CDO exposure.

Where there’s money involved, people are just one step away from committing a fraud. The latest perpetrator of foreclosure fraud has been hit with a class action lawsuit on behalf of all the homeowners out there. I guess, it’s the perfect time to let those banks know about Who’s who and What’s What.

The lawsuit was filed against the Bank of America in a Federal Court in New Jersey. The suit simply alleges that the Bank’s policies for homeowners are pervasive and willful, and also they’ve an unlawful way of seizing homes. I’d like to remind you about Bank of America’s last month statement, where it said that the officials are looking forward to seize a lot of homes.

Back then, the Bank was also looking forward to getting permission from some states for the seizure of houses. So that’s what it was all about. Speaking of which, New Jersey is just one state, there are more down the road.

The issue buds from one woman’s doings. She was/is an employee at the Bank of America. Rumor has it that the woman signed thousands of foreclosure complaints without even giving them a second look. Perhaps she thought that it wasn’t “necessary” to “waste” her time on those highly important applications.

The popular game of FarmVille seems to be trading more than just apples and land plots over the internet.

A class action lawsuit was filed earlier this week against FarmVille creator, Zynga, of illegally sharing user data of its customers with advertisers and other data brokers, according to USAToday.

The lawsuit claims that Zynga not only violated its contract with Facebook by sharing user data, but also federal law.

"This appears to be another example of an online company failing the American public with empty promises to respect individual privacy rights," said one of the lawyers who filed the lawsuit, in a statement.

The suit seeks "monetary relief" for those affected by the privacy leaks, according to the news source.

Zynga however, does not believe that is has done anything wrong.

"We believe that the complaint is without merit, and we intend to defend against it vigorously," said the company in their official statement.

This lawsuit comes hot on the heels of a report in the Wall Street Journal that claims that some of the most popular applications on Facebook may actually be trading personal user data to advertisers and tracking companies on the internet.

Taking a final shot before meeting in court, lawyers for Greenwich Hospital are rejecting a claim that the hospital violated fair trade policies in their handling of a drug-addicted surgeon.

Earlier this year, the hospital asked a judge to strike the central claims of lawsuit, arguing that the class action lawsuit does not make a "cognizable claim" under the Connecticut Unfair Trade Practices Act. If granted, the lawsuit will be defeated.

"Plaintiff's changing legal theories and lack of candor on the applicable law demonstrate that they are struggling to stay alive in the face of the hospital's well-founded motion to strike," states the recently filed motion.

The original complaint, filed in 2008 in state Superior Court, alleges that the hospital violated state trade laws by ignoring Dr. Ian Rubins' drug problems to maintain the profitability of their specialized breast center. Rubins, a private plastic surgeon who had privileges at the hospital, died of a heroin overdose in 2008, just months after the state medical examining board suspended his license. Rubins had a string of incidents involving substance abuse and had entered rehabilitation programs several times while at the hospital.

An Indianapolis law firm has filed one of the first suits in the nation seeking class-action status in its case against mortgage lenders and servicers who used questionable tactics in thousands of home foreclosures.

The federal lawsuit was filed Tuesday by Cohen and Malad, which specializes in class-action cases. The case comes as the smoldering foreclosure issue threatens to erupt into a national crisis for the mortgage industry.

Attorneys general in all 50 states are jointly investigating whether lenders violated state laws. And on Wednesday a federal law enforcement official said the FBI is trying to determine whether the financial industry might have broken criminal laws in pursuing mortgage foreclosures.