Recent Filings – May Digest

Not every class action court filing in North and South Carolina becomes a full-length post on our blog. Here is a recap of May’s filings:

Thibodeaux v. Credit Protection Ass’n, L.P., et al, No. 1:18-cv-00469 (M.D.N.C. May 31, 2018) and Thibodeaux v. Enhanced Recovery Company, LLC d/b/a ERC, et al., No. 1:18-cv-00470 (M.D.N.C. May 31, 2018) (purported class action alleging defendant debt collection agency sent misleading and deceptive communications to consumers in order to coerce payment with threat of credit report harm in violation of the Fair Debt Collection Practices Act)

Martin, et al. v. Flowers Foods, Inc., et al., No. 1:18-cv-00468 (M.D.N.C. May 31, 2018) (purported collective action brought under the FLSA by “distributors” who delivered and stocked baked goods alleging defendant misclassified them as independent contractors and failed to pay overtime compensation)

Johnson, et al. v. Torre Jessup, No. 1:18-cv-00467 (M.D.N.C. May 30, 2018) (putative class action brought against the Commissioner of the NC DMV alleging the indefinite revocation of plaintiffs’ drivers’ licenses by the DMV, due to failure to pay traffic tickets and/or nonpayment of fines and costs, hindered them from getting or keeping employment and to meet basic human needs in violation of the Fourteenth Amendment of the U.S. Constitution)

Roswell v. Worley Claims Servs., LLC, No. 3:18-cv-00280 (W.D.N.C. May 29, 2018) (purported collective action brought under FLSA by insurance file examiners alleging defendant insurance claim services provider failed to pay overtime)

Sigmon v. Urban Edge Prop., et al., No. 2:18-cv-01354 (D.S.C. May 17, 2018) (putative class action alleging defendant commercial property owner of 85 shopping centers and 4 malls failed to provide wheelchair accessible entrances to its properties and parking lots in violation of the Americans with Disabilities Act)

Reynolds, et al. v. Fidelity Inv. Inst. Operations Co., Inc., et al., No. 1-18-cv-00423 (M.D.N.C. May 17, 2018) (purported collective and class action brought under federal and state wage and hour laws alleging defendant failed to pay financial customer associates for pre-shift work including booting up computers, checking daily bulletins, checking email, and organizing their desks)

Simmons v. Palmetto Residential Elec. LLC, et al., No. 2:18-cv-01358 (D.S.C. May 17, 2018) (purported collective action and class action brought under FLSA and state wage and hour laws claiming electricians and service technicians were not paid for travel time, meal breaks, or overtime)

Pontones v. San Joes Rest. Inc., et al., No. 5-18-cv-00219 (E.D.N.C. May 17, 2018) (purported collective and class action brought by servers and wait staff claiming defendant restaurant violated federal and state wage and hour laws by taking unauthorized deductions and failing to pay overtime)

Bowers v. Housekeeping Servs. of Hilton Heads, LLC, et al., 9:18-cv-01341 (D.S.C. May 16, 2018) (collective action brought by delivery truck drivers alleging defendant housecleaning service provider failed to pay for meal breaks and overtime in violation of FLSA)

Lindblad, et al. v. J&L Servs., Inc., et al., No. 4:18-cv-01336 (D.S.C. May 15, 2018) (putative class action brought by job applicants against McDonalds corporation and franchise owner claiming applicants were discriminated against on the basis of their race and subjected to a hostile work environment)

Lang v. Duplin Cnty. Emergency Med. Servs., No. 7:18-cv-00077 (E.D.N.C. May 11, 2018) (purported collective and class action brought under state and federal wage and hour laws by paramedic and emergency medical technicians alleging they were misclassified as exempt employees, defendant failed to pay overtime, and defendant violated recordkeeping requirements)

Marchese v. CenturyLink, Inc., No. 4:18-cv-00086 (E.D.N.C. May 9, 2018) (putative class action alleging defendant telecommunications provider engaged in overbilling practices by promising low prices during the sales process but charging higher amounts and adding unauthorized charges in violation of the Federal Communications Act)

Green v. Deville Asset Mgmt., LTD, No. 1:18-cv-00119 (W.D.N.C. May 1, 2018) (purported class action alleging defendant debt collection agency sent misleading communications to consumers which did not provide specific information about the debt in violation of the Fair Debt Collections Act)