Class Action Lawsuit Against Hollywood Tans

[Ezliving_Jim]

Originally Posted by Ezliving_Jim

I went looking for a copy of the lawsuit but I couldn't find it online. I don't think NJ courts are that net interactive. Could someone from NJ walk into the Middlesex County Superior Court Clerk of Courts Office and get a copy of the lawsuit to post?

Does anyone have a digital copy of the lawsuit? If someone emails it to me, I will post it.

[Ezliving_Jim]

Originally Posted by Ezliving_Jim

Does anyone have a digital copy of the lawsuit? If someone emails it to me, I will post it.

Any help?

[Editor-in-Chief]

Federal Court Sustains Consumer Fraud Claims Against Hollywood Tans

April 24 2007

A federal judge has sustained nationwide consumer fraud claims asserted against Hollywood Tans concerning their alleged deceptive marketing.

In the class action lawsuit Nafar v. Hollywood Tanning Systems, Inc., the Firm recently defeated defendant's motion to dismiss the Complaint.

The suit seeks to redress the national chain of indoor tanning salons' deceptive marketing which promotes the alleged health benefits of indoor tanning, yet fails to warn consumers about the cancer risks associated with its tanning machines.

In its motion to dismiss, Hollywood Tanning argued that it does not need to disclose the dangers of indoor tanning because this information is common knowledge, akin to the health risks associated with excessive consumption of McDonald's.

The Court rejected this argument and ruled that what the average consumer knows about the ill effects of indoor tanning is an issue to be resolved at trial.

Hollywood Tanning also argued that this case was a products liability case, which would provide it certain statutory defenses and preclude the class from making a claim under the New Jersey Consumer Fraud Act, which allows for treble damages and attorneys' fees.

Again, the Court rejected defendant's argument, ruling that this case is not a products liability action as the class is not claiming harm for any physical injuries, but only economic damages resulting from purchasing services that it would not have, had Hollywood Tanning disclosed the dangers of its indoor tanning services.

The case will now proceed to class certification discovery and our motion to have the action certified as a nationwide class.

The matter is being handled by Jeff Carton, John D'Amico, and Jerome Noll.

Source

[Ezliving_Jim]

This is not just a Hollywood Tans problem. This effects every tanning salon business.

This class action lawsuit attacks "informed consent".

Think about how high your liability insurance premiums will be if the informed consent document we all have our clients sign is ruled invalid!

Can you afford to pay insurance premiums like those doctors pay for malpractice insurance? I know, I can't.

This lawsuit is the Dermaterrorist's Nuclear Dirty Bomb. It could kill thousands of tanning salon businesses and destroy the indoor tanning industry as we know it.

[Alan @ TanToday]

Dirka dirka dirka, if you won't refund my years worth of tanning I will put a Jihad on your salons.

Alah akbah!

[Alan @ TanToday]

Originally Posted by Ezliving_Jim

Can you afford to pay insurance premiums like those doctors pay for malpractice insurance? I know, I can't.

This lawsuit is the Dermaterrorist's Nuclear Dirty Bomb. It could kill thousands of tanning salon businesses and destroy the indoor tanning industry as we know it.

I wonder if liquor stores, pawn shops and tattoo studios go through as much crap as salon owners. After all, that is the businesses the goverment lumps indoor tanning salons with in regards to morality.

[Ezliving_Jim]

As a former owner/operator of a sports bar & grill, the bar business in MD was less trouble. Unlike some states, there is no "liquor liability" in MD. Increasing the legal drinking age from 18 to 21 killed off a lot of businesses, but that was long before I got into the business. MADD was a minor pain in the ass.

Nobody else is concerned about HT losing this class action lawsuit?

[MR.TANLINES]

No I am very concerned. I just was telling someone yesterday that if HT loses, it will hurt all of us. Just think of everyone that will jump in on that lawsuit.

[sunsally]

Agree - this is a similar "landmark" type case, as the Fabutan was in Canada (same sort of arena - making health claims for tanning - although I believe that case was brought by the government, not individuals).

This would indeed be a "dirty bomb" if they win against a chain this large. We should all be following this closely, and hope the HT group has their attorneys talking to the Fabutan folks as well as doing a TON of research!

[solarmeter®]

ruled that what the average consumer knows about the ill effects of indoor tanning is an issue to be resolved at trial

All they need to "prove" is that none of the dermoterrorist bought-and-paid for "ill effects" studies scientifically link tanning with skin cancer. Burning (many overexposures) with NMSC - yes. But they are not marketing "burning".

The recent studies demonstrating photoprotection from tanning AGAINST melanoma risk, as well as all the vitamin D3 benefits, far outweigh the NMSC risk. They just have to convince an "OJ Jury" that naturally wants to throw the book at "big tanning" or "big" anything else.

Their lawyers need to enforce panelling a jury of their PEERS - ie: ITA members only. Just need 12 of them haha.

[ashleylight]

Why is she file a lawsuit? Does she have skin cancer? I am confused as to what her "damage" actually is.

[MR.TANLINES]

No she doesnt have skin cancer.. Actually she is Iraqi...so I dont think she would even burn. She just had a baby last July or August. And her husband works as a producer on a local NJ Radio station. Her MySpace page said who she worked for, but I cant remember..Anyways it looks like she is stating"I wouldnt have ever tanned if HT had told me the negative effects it had first" just by reading what Editor in Chief posted up there...

[stan@sunsys]

Iraqis who are in America, and/or Iraqi Americans have been taught one thing - The American Justice system is there to be used and abused. Also, unless this couple is ultra-modernized, by Iraqi community standards that is, then the wife doesn't sneeze unless the husband either gives her permission to, or orders her to.

Doing a fair amount of business with clients around Dearborn, MI, it is maddening to see the extent to which this type of backwards, repressive cultural pathology has flourished in the U.S.. Melting pot my ass. It's a culture within a culture.

So I would also look at her husband's motives and connections and financial situation. Being lawsuit happy and looking for easy money is part of the program.

Of course, if they were reeeeally smart, they would be suing the AAD and all it's dermotologists for knowingly scaring the American public into a vitamin D deficiency epidemic that is causing, how many was is, umpteen thousand deaths for every skin cancer death.

It's a scam, It's all a scam.

[Alan @ TanToday]

Hollywood Tan will spend hundreds of thousands of dollars in legal fees to hopefully make sure they never gets ratified as a class action lawsuit.

If that is allowed to happen watch all Hollywood Tans fold due to the hundreds of millions of dollars of refunds for anyone who ever tanned there who want to write in and say they would not have tanned had they know it was bad for them.

I remember some cash hungry attorneys recently went after Visa and MasterCard for something dumb. I did not have to do a thing, they already knew I processed using V&MC and months later 2 checks came in the mail. For what, I dunno but I did not have to do a thing. Same may happen with all HT customers. They will get access to the names at some point if this becomes a class action deal.

Pray it does not!

It's The End of Tanning As We Know It, and I Feel Sick!!!

[Brian Oshman]

Hollywood Tan will spend hundreds of thousands of dollars in legal fees

Didn't HT just sell for $50 Million? Chump change.

I think the people involved are getting into pizza's now. Chain $h!t like Domino's or Papa John's.

[Brian Oshman]

Pray it does not!

It's The End of Tanning As We Know It, and I Feel Sick!!!

It's been over.

[MR.TANLINES]

Her husband is black. Its funny because on the radio station, "friv lawsuits "are usually a comon topic....

[FIT]

I remember some cash hungry attorneys recently went after Visa and MasterCard for something dumb. I did not have to do a thing, they already knew I processed using V&MC and months later 2 checks came in the mail. For what, I dunno but I did not have to do a thing.

Class action lawsuit against v/mc was not only justified but it was funded by none other than Wal-Mart. V/mc instituted the debit card forcing all merchants to essentially "accept personal checks" and also pay v/mc to do it. Don't think our friend has pockets as deep as Wal-Mart. I'm not sure how you got a check without any action. I had to fill out a pile of paperwork to get mine.

There are hundreds of frivolous lawsuits filed everyday. Obviously, it's important for us to take notice and protect ourselves but can we refrain from turning the industry upside down? They are not even seeking damages. Just a refund. If Hollywood Tans can't take a few minutes to hang a frickin warning sign than they probably should refund some fees.

[uv2021]

Sue the govt for not warning people off beaches.After all ,their position is it is common knowledge that people are supposed to use sunscreen.But according to the derms and big pharma skin cancer keeps rising.So by allowing people onto beaches you are putting their lives in danger.So if it is not ok for hollywood tans to take the position that thru mass media hype over multiple years has preached that tanning beds have risk,then it is not ok for resorts or municipalities that have beaches to assume the same about outdoor sun.Therefore those who tan outdoors on public or private beaches should also be able to sue.

By the way,only in America.Glad I'm Canadian.We still posses common sense.

[FIT]

There are a million hypotheticals all as ridiculous as the lawsuit. I think it's important to remember where these stories printed. Not exactly the Washington Post, USA Today, the Tribune, etc.

Actually, might not be a bad thing if it printed nationally. Everyone knows that sunlight causes skin cancer, right? I bet very few know how or why. I bet very few know the benefits of sunlight.

HT's defense will most certainly highlight all of the above. Hell, put it on Good Morning America and let HT tell the world about Vitamin D deficiency and lower colon and breast cancer rates in populations that receive more sunlight.