Vivint is a new class action lawsuit against Vivint by members of the Class Action lawsuit. They were not happy with the handling of their case and are now considering taking their situation to the court. This is typical, but in this case, things may get very ugly.
The reasons for Vivint being slow in processing claim packages is because they are dealing with high turnover, and the class action lawsuit itself is a class action lawsuit against Vivint. This means that every claim that is submitted will need to be processed individually, which adds to their time.
Class Action Lawsuit Against Vivint
The Class Action lawsuit itself was in the works for quite some time, and it took a while before there would be enough plaintiffs to make a class action worthy of going to trial. A judge ordered a Status Conference in January to determine whether or not there were sufficient cases to send to a jury trial date. At the status conference, counsel for the lead plaintiff stated that there were nine plaintiffs who intended on going forward with a class action lawsuit against Vivint.
Of the nine, six did not show up at the conference and were instructed to attend a meeting on February 10th to discuss their case. The lead plaintiff states that “the bulk” of his claims are coming from these individuals. Counsel for Vivint stated that they were reviewing the complaint and seeing if anything can be done about the delay, but have no plans at this time to go to trial.
So, why was the six-month class period used in the lawsuit?
The lead plaintiff states that the six months was chosen arbitrarily; however, this could have been used to create a large class of inactive plaintiffs which would adversely affect the speed of the litigation. It is not known whether the plaintiffs who did not show up in the six month period ever intended to file a lawsuit or not.
Also, many plaintiffs just decide to wait to file a suit until they get a call from the attorney and think it’s all over. However, with so many plaintiffs being “inactive” or “filing dead,” the motion and intent of the plaintiffs must be shown to the court so that the lawsuit can proceed as scheduled.
On September 8th, the attorneys filed a motion for an additional nine months to the lawsuit date.
The new proposed dates would extend the class action lawsuit date to the end of Fiscal Year 2021 (expecting the Supreme Court ruling on the validity of the Settlement Agreement later in the year). This would be a further attempt to hold the manufacturers of Vivint, Excell Corporation, and their wholesalers, GEM Pharmaceuticals, Inc., responsible for the fraudulent practices associated with their products during the period of the Recession. This motion was also obtained from the United States Justice Department.
On October 6th, the case was discussed on the court of appeals’ calendar.
On October 7th, the Third Circuit Court of Appeals denied the request for an extended period of time in which to file the complaint. The court explained that the plaintiffs had not provided sufficient evidence showing that they had suffered any damages as a result of the defendants’ bad business practices.
On October 13th, the United States Supreme Court denied the petition for an extended period of time in which to file the lawsuit. Although the manufacturers had previously agreed to a settlement involving their manufacturing misstatements, it is now clear that they were never informed that they should have been more diligent in monitoring their sales and manufacturing practices, especially in terms of their customer contracts and warranties.
The manufacturers are free to once again ignore customer complaints regarding unsafe lead levels, excessive slippage, and defective products.
These manufacturers are also free to disregard any advice or findings of such problems during the course of the class action lawsuit. The plaintiff, who is a former customer of Vivint will be the only individual who can recover damages from the recklessness of these manufacturers during the period of the class period.