as a Consumer
Class Action Law
Consumer protection laws exist to prevent companies, sellers, creditors and other businesses from taking advantage of consumers. However, even with so many laws in place, major consumer rights are violated every day, some on a regular basis. Fortunately, consumers have another right that can never be violated: the right to remedy. When a consumer feels that their rights weren’t respected, they can file a claim against the offending party and seek compensation.
Sometimes, though, your problem is a lot of people’s problem. And when that happens, you can serve to protect a group of people with interests similar to yours by bringing a class action. A class action is where one person (called the “named plaintiff” sues a defendant(s) on behalf of a group of unnamed, but similarly situated people. Class actions usually involve at least forty people who have been injured by the same defendant in the same way. But instead of each person bringing their own lawsuit, the class action allows all the claims of all class members—whether they know they have been damaged or not—to be resolved in a single case. Class actions can increase the efficiency of the legal process and lower the costs of litigation, incentivize an individual to prosecute a small claim that would otherwise be of too low a monetary value to bring, incentivize a company to change its behavior, and sets a uniform standard of rulings to avoid different court rulings creating “incompatible standards” of conduct.
Current Investigations
Prerecorded Telephone Calls to Cell Phones
Have you received a prerecorded voice message on your cell phone that wasn’t meant for you? Maybe you got a new cell phone and then received robocalls for the previous owner? Or maybe a company was calling your cell phone looking for someone else?
If so, you may qualify to bring a Telephone Consumer Protection Act class action lawsuit. The Telephone Consumer Protection Act allows consumers to recover $500 – $1,500 per violation. Although a business, creditor, or debt collector calling a wrong cell phone number may seem like a simple mistake, wrong number calls to cell phones are often illegal.
Often we see wrong number calls where collectors or other companies are looking for someone who may have had your cell phone number in the past. It can also happen where a company simply has the wrong number in its records.
So if you received a prerecorded voice message on your cell phone that was intended for someone other than you, please reach out as we are interested in learning more about the message you received and the company that called you.
Telemarketing Calls Despite Being on the Do Not Call List?
Are you receiving unwanted telemarketing calls despite having your telephone number on the national do not call registry? The Federal Trade Commission established the National Do Not Call Registry in an effort to let consumers have some control over the sales calls that they receive. Telemarketers are required to search the National Do Not Call Registry so that they do not call any phone numbers listed on it. Individuals are allowed to file complaints of receiving telemarketing calls 31 days after they registered their phone number on the list. The Telephone Consumer Protection Act allows consumers to recover $500 – $1,500 per violation.
If you were contacted on your cell phone via an unsolicited text message or prerecorded voice message (also known as robocall), you may qualify to bring a class action under the Telephone Consumer Protection Act. Contact us today, as we are interested in learning more about the message(s) or call(s) you received.
H&R Block Tax Services for Seniors in California
H&R Block is a national tax preparation company that, as of 2018, operated approximately 12,000 retail tax offices worldwide. H&R Block also markets to online tax filers who do not want to or cannot visit a physical location.
We are investigating certain potentially deceptive practices tax giant H&R Block may be engaging in as it relates to senior California tax filers. We want to talk to you, anyone in your family or anyone you know who are: (1) 64 or older; (2) live in California; and (3) hired H&R Block to prepare a tax return within the last year. Contact us today to learn if you have a claim.
Is Santander Consumer USA Reporting a Fraudulent Account on Your Credit Report?
We are investigating claims related to Santander Consumer USA accounts opened as a result of fraud or identity theft, and reported by Santander on consumers’ credit reports. When a consumer discovers such a fraudulent Santander account on his or her credit report, Santander generally requires the consumer to submit a fraud affidavit or police report. The consumer can also submit a dispute to the credit bureaus (Trans Union, Equifax, Experian, etc.) which triggers the requirement that Santander investigate the credit reporting.
Is Santander Consumer USA reporting information about an account on your credit report that you do not recognize or is the result of fraud? If so, contact us today to see if your rights have been violated and whether you can represent class of similarly-situated consumers.
Misleading Lease/Credit Agreements
Our investigations focus on disguised purchases and disclosure violations which violate the Truth in Lending Act or Consumer Leasing Act. Disguised purchases occur where the consumer “leases” a product or service that is ordinarily purchased (vehicle repairs, pets, home fixtures, home repairs, etc.). Disclosure violations occur where the agreement fails to disclose important financial terms required by these federal laws (leasing ignition interlock device, SCRAM bracelet, etc.). Charges like total interest, fees, and required products and services must be legally chargeable and clearly disclosed. Contact us today if you believe your purchase has been misleadingly or improperly disclosed as a lease.