What You Should Know About the Telephone Consumer Protection Act (TCPA) and Preventing Robo-Calls

The TCPA, was enacted in 1991 to control the ways that telemarketers can solicit consumers. The act also aimed to protect the right of privacy of consumers by creating a Do-Not-Call List. To provide strength to the act, violators can be fined for each violation. Violations create a private right in the consumer to hold the caller responsible. The TCPA applies to automated dialing and to pre-recorded voice and text Read More

What You Need to Know About… Elder Abuse

The United States, along with many other countries, is experiencing a well-documented demographic shift wherein the average age of the population has been increasing. Given the population explosion of the post-World War II Baby Boom, the fact that adults have been reproducing at a lower rate than in previous decades, and general advances in health sciences that tend to keep people alive longer, this country has Read More

Consumer Case Study: Takata Airbags

“If we go forward with this, somebody will be killed…” Occasionally, a consumer litigation case arises that captures the public attention because of its scope and the particular dangers underlying the case; the ongoing lawsuits against Takata, a Japanese company, over its automobile airbags represent such a case. Bloomberg recently published a comprehensive overview and expose on the massive problems at Takata. Read More

4 Things to Know About the Fiat Chrysler Recall

Fiat Chrysler has issued a major voluntary recall of several types of vehicles under the Jeep, Chrysler, and Dodge brands. The recall, issued in April, has been all over the news recently, so we have put together a list of four important things you should know about this issue: 1) Why is this recall getting so much press? Prominent actor Anton Yelchin—whom you may recognize as the character ‘Chekov’ from the Read More

Bryce Bell to Present Social Media CLE for Lawyers

Attorney Bryce Bell will be giving a presentation on social media for the Small & Solo 2016 CLE event, Wednesday June 15th. Bryce will join three other attorneys to present on various subjects at the event. Click here for more information and to find out how to register and attend. Read More

Prepaid Debit Cards: An Ongoing Investigation

  A prepaid debit card is, as the name suggests, like a credit card but without the aspect of credit- i.e., a consumer must pay in, or load, a prepaid debit card with funds before using it to transact. Therefore, a prepaid debit card is little more than a bank card that often pays no interest (though some do). Prepaid debit cards are a relatively new phenomenon and, put simply, are largely an effect, and an Read More

A Cautionary Tale: How Volkswagen Cheated Consumers, the Government, and the Environment

If you’ve been paying attention to the news at all in recent months, chances are you have probably at least heard about the Volkswagen emissions scandal. VW is one of the biggest automakers in the world and has centered much of their marketing in recent years around the idea that their diesel vehicles are some of the most environmentally friendly in the world. Their Turbocharged Direct Injection (TDI) “Clean” Read More

3 Things You Need to Know About the CFPB’s Proposed Rule on Arbitration Agreements and Class Action Waivers

The Bureau of Consumer Financial Protection ("CFPB") recently released a proposed rule, inviting public comment, that would limit what businesses under its purview (primarily banks) can put in arbitration agreements (in the fine-print terms and conditions often forced upon consumers). Most significantly, this proposed rule would bar banks from including class action waivers in such arbitration agreements. Put simply, Read More

Class Scores Win On TCPA Claims In Cruise Robocall Suit

Law360, New York (April 19, 2016, 2:43 PM ET) -- A class of as many as 1 million Americans who allegedly received robocalls offering a free cruise for taking part in a political opinion survey on Monday snagged a win from an Illinois federal judge, who said calls with prerecorded messages to cellphones were unlawful under the Telephone Consumer Protection Act. U.S. District Judge Matthew F. Kennelly, in a 31-page Read More

My Auto Financing Was Rejected but the Dealer Didn’t Return My Trade-In: What Do I Do?

Have you had the experience of trading your car in for another vehicle, completing paperwork and driving home with your new car, only to be told by the dealer later that the financing had fallen through? Did the dealer also refuse to return your trade-in? If so, you may have fallen prey to what has become an increasingly common practice at unscrupulous auto dealers: the "yo-yo" scam. Yo-yo scams are a form of Read More