FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister   ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

Class action lawsuit?

 
Post new topic   Reply to topic    Fashion-Incubator User Forum Forum Index -> CPSIA & Consumer Safety
View previous topic :: View next topic  
Author Message
Kiki Fluhr
Guest





PostPosted: Mon Jan 12, 2009 9:38 am    Post subject: Class action lawsuit? Reply with quote

Has anyone heard about this?
Found in this thread: http://www.etsy.com/forums_thread.php?thread_id=5992975

Quote:

CLASS ACTION LAWSUIT

Please read the following press release. If you are an interested party directly affected by the CPSIA that will take effect as of February 10th, I urge you to join us in this class action lawsuit.

Contact me or the contacts listed below for additional information.

Warmest Regards,
Dawn Michelle LaPolla
Baby Sprout Naturals
dlapolla [!at] gmail.com
ReformCPSIA.org
Reform Petition

FOR IMMEDIATE RELEASE Moms ban together to save their businesses.
==============================
Moms ban together to save their businesses. Rachele Dressler-Sweetser is a mother of 3 and owns Monkey Baby, a creative children's clothing line. This business is not only her additional "baby" but her main source of income. She created Monkey Baby out of necessity. As a single mother she was faced with the issue of a sick child with medical needs that could not be left alone. She combined her creative sewing skills and marketing knowledge to create a fun and successful children's clothing line. Waking up to a new year she is faced with her legs being knocked out from under her with this quiet law going into effect with huge consequences.
Dressler-Sweetser says "I have built this business out of love for my children and my God-given talents. It is my dream, livelihood and my future. I can't sit still. I understand the need to keep our children safe but this law is too broad. It is not in anyone's interest as it is currently written." Dressler-Sweetser has contacted the Kushner Law Firm to begin the process of a Class Action Suit to prevent the law's enforcement of the February 10, 2009 deadline. She is actively contacting businesses owners that this law will effect to ban with her in preventing its enforcement on February 10, 2009.
The Consumer Product Safety Improvement Act (CPSIA) is requiring lead testing on all products (including apparel and components of apparel which knowingly have little or no lead such as ribbon, tulle, thread, elastic etc.) designed for children under the age of 12. "This new Act is unconstitutionally overbroad and vague, and disregards the significant and disastrous impact on small and medium businesses as Section 605 of the Regulatory Flexibility Act requires" says Michael Kushner, of The Kushner Law Firm.
Immediate action is required in order to save many businesses and to keep costs from skyrocketing for children's toys, accessories and clothing.
Contact:
Rachele Dressler-Sweetser
http://www.monkeybabyclothes.com/
949.916.9288 ph.
949.916.9087 fx.

Attorney:
Michael Kushner
The Kushner Law Firm
949.421.3030 ph.
949.421.3031 fx.
http://www.kushnerlawfirm.com/
Back to top
J C Sprowls



Joined: 25 Mar 2006
Posts: 2004

PostPosted: Mon Jan 12, 2009 10:05 am    Post subject: Reply with quote

This seems wrong to me. Foremost, one must be damaged, meaning: something has to have happened (past tense), before a suit can be brought. Second, the damages must be demonstrable.

For example:

I worked in restaurants during a time when the Allegheny Health Inspection Agency was corrupt. IOW: several inspectors would give an A grade if you paid a bribe (e.g free dinners, "grocery shopping" in your stock room, money, "favored" parties, etc.).

A number of us, myself included, received a B grade in order to force our compliance (i.e. we were bullied). We eventually brought a class action suit. It took 2 years to be heard. We were awarded damages. And the offending Inspectors were fired.

Our restaurants lost business because of the grade sticker on our front doors. The action/cause was clear (i.e. audit results verified by a 3rd party agency from Ohio) and the damages were demonstrable (i.e. weekly sales reports).

Several of us needed to relocate and rebrand in order to remain viable businesses. Several were family-owned or 1st timers whose hopes and dreams were pinned on that singular/tunnel "vision". Some were so emotionally devastated they found it easier to abandon their tunnel vision than to try again.

Looking back on that crisis. It thinned the herd. Those who really weren't serious restauranteurs were forced out of the industry. The class action suit improved the quality of the Health Inspector's office, improved the information that was distributed to the restaurant industry (i.e. rules and regulations), and it also made the quality standards more stringent.
Back to top
View user's profile Send private message
Esther
Moderator
Moderator


Joined: 17 Mar 2006
Posts: 1874
Location: ID Spudville

PostPosted: Mon Jan 12, 2009 10:19 am    Post subject: Reply with quote

Official link about class action:

http://reformcpsia.org/?p=206

Really, it was a matter of time. It's too bad the person behind this couldn't have joined forces with the existing sites. I have my doubts about this one, but they will be affected post February 10th.
Back to top
View user's profile Send private message Send e-mail Visit poster's website
Kathleen F.
Site Admin
Site Admin


Joined: 08 Sep 2005
Posts: 11013
Location: NM Albuquerque

PostPosted: Sat Jan 24, 2009 8:57 am    Post subject: Reply with quote

Moving entries:
lesley wrote:
Someone just notified me of a growing number (over 150) people/businesses joining forces to organize a class action lawsuit. At the present there is no financial committment but if it proceeds it'll be divided by the number of people who join on. I can email you what I have on it or you can check it out at www.reformcpsia.org

Rachele, a childrenswear manufacturer writes:

Quote:
Dear Colleagues,

I am writing you to request your participation in our Class Action Lawsuit to stop the enforcement of the CPSIA on February 10th. We intend to file and "Ex-Parte" (an emergency filing with the Federal District Court in CA) notice with the court requesting a "Temporary Restraining Order" followed by a "Preliminary Injunction" pending a hearing, based on the fact that this law is "too broad" and "too vague", and we will be disputing its Un-Constitutionality, among other things.

We already have a group of 300 (large companies to WAHM's) potential participants, but we need you too-if we all do this together we can acheive this goal and keep the cost per person below the cost of 1 single lead test!

Please see the attached letter from our attorney explaining things a bit better-also, go to our website www.reformcpsia.org and get involved....signing petitions and contacting Congress is not going to save us in time (to quote from the Committee of Energy and Commerce on Jan. 21 letter to Henry Waxman: "even if the CPSC devotes full staff attention and moves at the most expeditious speed, it will be unable to issue the necessary guidance prior to February 10, without violating Federal rulemaking requirements" )

Thank you for your consideration.

Sincerely,

Rachele Dressler-Sweetser
Monkey Baby, Fun Fashion for Your Little Monkey!
www.Monkeybabyclothes.com
949.916.9288 ph.
949.916.9087 fx.
Back to top
View user's profile Send private message Send e-mail Visit poster's website
Guest






PostPosted: Sat Jan 24, 2009 9:00 am    Post subject: Reply with quote

I agree with Esther. Come February 10, there will most certainly be damages, even more by August when the CPSC publishes its rules regarding the specifics of testing methods required.
Back to top
mridea
Guest





PostPosted: Thu Jan 29, 2009 4:32 pm    Post subject: lawsuit is underway looking for participants and money Reply with quote

There is a real multi-class lawsuit needing people (100 people minimum) that could potentially put a restraining order on the cpsia law.

I've joined in and have just sent my contract and check next day air. You also can pay with acredit card.

They only need 100 of us to bring it to court.
This could really stop it for now. But they need to act quickly to stop it before Feb 10.

If interested go to:
http://reformcpsia.org/class-action-lawsuit/
Scroll down and mark the box that says "send me a contract for review"

They'll send you a pdf document about the multi-class lawsuit being started and how to proceed if interested.

LOOK AT THIS - PLEASE - IT MAY BE A WAY OUT OR AT LEAST BUY US SOME TIME

The rest of the site has lots of other information about it and the cpsia also.

Thank you
Back to top
J C Sprowls



Joined: 25 Mar 2006
Posts: 2004

PostPosted: Thu Jan 29, 2009 4:51 pm    Post subject: Reply with quote

So which is it? Earlier, there were over 150 participants. Now, your post leads me to believe there are less than the minimum 100 needed.

I've already stated my objection, previously. But, I'll say it, again. Unless you are demonstrating damages (meaning: something has to have come to pass) a lawsuit is premature.
Back to top
View user's profile Send private message
Kathleen F.
Site Admin
Site Admin


Joined: 08 Sep 2005
Posts: 11013
Location: NM Albuquerque

PostPosted: Mon May 11, 2009 11:19 am    Post subject: Reply with quote

This remedy has officially been abandoned. There were only 20 official sign ups out of a pool of 600 who expressed interest.
Back to top
View user's profile Send private message Send e-mail Visit poster's website
Display posts from previous:   
Post new topic   Reply to topic    Fashion-Incubator User Forum Forum Index -> CPSIA & Consumer Safety All times are GMT - 6 Hours
Page 1 of 1

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum


Powered by phpBB © 2001, 2005 phpBB Group