Commercial lease agreement; liquidated damages clause was properly categorized as an unenforceable penalty; court properly awarded actual damages instead of stipulated damages; App.R. 13(c).
A plaintiff wasn't required to show actual damages in order to sue check verification services for erroneously reporting the status of thousands of consumer accounts, the 6th Circuit has ruled in reversing a dismissal. The plaintiff filed a class action alleging that certain check- verification services willfully violated the federal Fair Credit Reporting Act by incorrectly reporting that thousands of Tennessee consumers were first-time check writers.
A plaintiff who alleged that her former employer illegally accessed her personal e-mail must show actual harm in order to recover statutory damages under federal privacy law, the 4th Circuit has ruled in vacating a $175,000 jury award. The plaintiff sued her former boss under the federal Stored Communications Act, alleging that he had accessed e-mail messages in her personal AOL account in the course of sexually harassing her. A jury awarded the plaintiff $1,000 in statutory damages for each violation of the Act, for a total compensatory award of $175,000.
Penalties for violations of the law are described, including criminal penalties (jail and fines) and civil damages (money that a court may order the violator to pay to the subject of the taping). In West Virginia Dept. of Health and Human Resources v. Wright, the state Supreme Court held that a woman whose children's screams could be heard by neighbors nevertheless had a reasonable expectation of privacy in her home, for purposes of the wiretapping law. 453 S.E.2d 646 (1994). An individual whose communications have been unlawfully intercepted can recover civil damages in the amount of actual damages, but not less than $100 per day of violation, along with punitive damages, attorney fees, and litigation costs.
A plaintiff could not seek class-wide relief when pursuing a private cause of action under federal law prohibiting the sending of unsolicited fax advertisements, the New Jersey Appellate Division has ruled in affirming a dismissal. The Telephone Consumer Protection Act generally prohibits the use of fax machines to send unsolicited advertisements. Section 227(b)(3) of the Act provides a private right of action and fixes damages for such claims at $500 or actual damages, whichever is greater.
A Jackson County jury has returned one of the largest verdicts ever -- more than $5 million -- in a case alleging workplace discrimination against a Muslim woman. The jury last week awarded $5.1 million to former Kansas City resident Susann Bashir, including $120,000 in actual damages and $5 million in punitive damages, in her suit against Southwestern Bell, a unit of AT&T in Kansas City.
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