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Announcement of Filing a Class Action Lawsuit Against Portfolio Recovery Associates, LLC for Alleged Violations of The Telephone Consumer Protection Act

April 29, 2011 By admin

Consumer Product Safety Improvement Act
consumer

Image by Public Citizen
(Photo by Joe Newman)

For American consumers, this has been the year of living dangerously. A record number of product recalls this year and last — many involving dangerous toys — put American children and families at greater risk than ever before. But with the U.S. Senate passing the Consumer Product Safety Improvement Act Thursday night, after the House passed it Wednesday, there may finally be reason to think that things might get better.

Read more at Citizen Vox.

The law firms of Turner Law Offices, LLC and Arcadier & Associates, P.A. have filed a Class Action lawsuit against Defendant Portfolio Recovery Associates, LLC (“PRA”) in the United States District Court for the Middle District of Florida on behalf of all persons in the State of Florida who, since February 18, 2011, received a non-emergency telephone call from PRA to a cellular telephone through the use of an automatic telephone dialing system or an artificial or prerecorded voice and who did not provide prior express consent for such calls during the transaction that resulted in the debt owed. The action is captioned Karen Harvey et al. v. Portfolio Recovery Associates, LLC, and is numbered 6:11-CV-00582.

According to the Complaint, PRA violated the Telephone Consumer Protection Act (“TCPA”) by using automatic dialing systems and/or an artificial or prerecorded voice to contact cell phone users about purported debts without their prior consent. As described in the Complaint, Ms. Harvey, the named plaintiff in the action, was repeatedly contacted since February 18, 2011 on her cell phone about a purported credit card debt. The plaintiff never consented to those calls, nor did she provide PRA with her telephone number.

Under the TCPA, PRA could be ordered to pay attorneys’ fees, litigation expenses and costs of the lawsuit, and statutory damages of 0 for each negligent violation, and/or ,500 for each knowing and/or willing violation. According to the Complaint, the potential Class Members are estimated to number in the tens of thousands. Additionally, the complaint alleges collective damages exceeding five million dollars (,000,000).

The Attorneys who have filed the lawsuit have significant experience litigating high profile and collective action cases on behalf of consumers and plaintiffs. Henry A. Turner, Esq., MBA from Turner Law Offices, LLC concentrating in consumer rights litigation, is a trial attorney with twenty years of experience and has been successful in recovering millions of dollars for consumers including a ,950,000 Class Action Settlement with Pitney Bowes, Inc. in a case involving the Telephone Consumer Protection Act, Martin K. O’Toole et al. v. Pitney Bowes, Inc.; United State District Court for the Northern District of Georgia; Case No. 1:08-CV-1645.

Maurice Arcadier, Esq., MBA from Arcadier and Associates, P.A. is also an experienced trial attorney with 14 years of experience and board certified by the Florida Bar. Mr. Arcadier likewise brings class action experience and is currently co-counsel in a high profile collective action case against Florida Power and Light, Romero v. Florida Power and Light Company, Case No.: 6:09-cv-1401, in the Middle District of Florida.

Indeed, with the combined experience, background and resources of the Turner Law Office and Arcadier and Associates, many consumers in Georgia and Florida may receive protection from the unsolicited calls as well as ,500.00 for each call they received.

If there are any consumers who likewise have received unsolicited calls, they may contact any of the attorneys below. While the cases only address claims in Georgia and Florida at this time, the alleged violations may be occurring nationwide and any consumer who is experiencing the type of calls described above from Portfolio Recovery or other debt collectors are encouraged to contact the law offices below or an attorney of your choosing.

For further information please contact:
Henry A. Turner, Esq., MBA
TURNER LAW OFFICES, LLC
403 W. Ponce de Leon Avenue
Decatur, Georgia 30030
(404) 261-7787
hturner(at)tloffices(dot)com
http://www.tloffices.com
or
Maurice Arcadier, Esq., MBA
ARCADIER AND ASSOCIATES, P.A.
2815 W. New Haven, #304
Melbourne, Fl. 32904
T: 321-953-5998
F: 321-953-6075
arcadier(at)wamalaw(dot)com
http://www.wamalaw.com

FMD Consumer News

Filed Under: Consumer Economic News Tagged With: , , , , , , , , , , , , ,

Warranties: a lifetime of protection?

October 29, 2010 By admin

When you read the phrase "lifetime warranty", what do you think it means?

I was certainly surprised after reading this Denver Post article describing how lifetime warranties may not last through the life of the product.

In fact, the fine print on a lifetime warranty may restrict it to a much shorter period.

Some states have established minimum lengths for ‘lifetime" warranties, according to the story. California has a minimum three-year rule, for example.

Maryland law does not define "lifetime" but calling a short-term warranty as a "lifetime" warranty would be a misrepresentation, no matter what disclaimers the manufacturer provides, said Karen Straughn, director of the mediation unit in the consumer protection division of the state attorney general’s office.

Have you ever filed a claim — successfully or otherwise — under a lifetime warranty? How much value do you place on warranties when shopping for a product? Please fill us in via the comments below.
Consuming Interests

Filed Under: Consumer Economic News Tagged With: , ,

Budget cuts hurt consumer protection

August 4, 2010 By admin

Linens-n-Things Fraud
consumer fraud

Image by ATIS547
close-up of product and receipt

UPDATE: Response from Linens-N-Things:
On behalf of Linens ‘n Things, I apologize for any behavior you found unprofessional or miscommunication you may have experienced. However, our managers are well versed in our ads and the interpretations of them. Again, I apologize for any inconvenience. Sincerely,
Jody Mege’

I would respond to Jody that the issue isn’t convenience, it’s fraud. Deceptive advertising isn’t inconvenient, it’s immoral and illegal.

This looks like fraud: At 4:30pm February 17, 2008, in Rohnert Park, CA, the Linens-n-Things manager — "Max" — claimed at the cash register that the 50% off deal did not apply to my "Shower "Curtain / Liner" because the "Shower Essentials" referred to in the ad and the store signs was the BRAND "Shower Essentials," and not just any shower essential. Max accompanied me back to the shower section, and was forced to confirm that there were no "Shower Essentials" branded items in the store. Since the advertising circular pictured here promises that we could "Choose from over 100 styles," it was clear even to Max that the offer was not so limited.

Then Max changed his story, and said that the 50% discount would be available only for a "shower curtain liner" which was the exact text on the store sign, or, if you believe the advertising circular pictured here, a "Liner." My item was called, as you can see above, a "Shower Curtain / Liner".

I asked Max if he honestly meant that my "Shower Curtain / Liner" was not a "Shower Curtain Liner"? He said that’s right. So I pointed to the next shelf up, which had a similar product called a "Shower Curtain or Liner" — was that, too, excluded from the offer for "Shower Curtain Liners"? Max confirmed that the discount could not apply to that product. Both the "Shower Curtain / Liner" and the "Shower Curtain or Liner" were literally within inches of the sign offering a discount on "Shower Curtain Liners."

Max would not let me take a photograph of the signs and products in juxtaposition. In fact, he threatened to have the police escort me out of the store if I took a photograph. So I asked whether Max would sign a statement asserting his position that I was ineligible to receive the promised discount because a "Shower Curtain / Liner" is not a "Shower Curtain Liner" or a "Liner." Max refused. I asked Max if he would tell me his last name. Max refused.

Well, you can see from the store receipt pictured here that Max and Linens-N-Things got the entire .99 out of my wallet, and kept for themselves the discount promised by the ad and the store sign. You know what’s really strange? I also asked at the register whether the 20% discount was available — it’s pictured in the flyer above, just to the left of the 50% offer. It says, "SAVE 20% — Entire Stock Metal Bath Acessries & Shower Curtains." Nope, said the cashier, that 20% discount isn’t available to you — it’s only for shower curtains, and what you have is a liner.

Strange but true. So, what do we have here?
A) Worst customer service ever?
B) Worst in-store experience ever?
C) Fraud?
D) Theft?
E) Violation of California Deceptive Trade Practices Act?
F) All of the above.

It is generally illegal to make false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions.

It looks bad for Linens-n-Things, and for Max. We have at least two counts against each. Here is what California Business and Professions Code says, and I quote:

"17508. (a) It shall be unlawful for any person doing business in California and advertising to consumers in California to make any false or misleading advertising claim…"

"17500. It is unlawful…to… disseminate…any advertising device… which is untrue or misleading, or for any person…to so make…any such statement as part of a plan or scheme with the intent not to sell that personal property…so advertised at the price stated…. Any violation of the provisions of this section is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars (,500), or by both that imprisonment and fine."

"§ 17507. It is unlawful…if any price set forth in (an advertisement) does not clearly and conspicuously identify the article of merchandise or type of service to which it relates."

Full text of the flyer pictured above:
"buy one, get one 50% off. Entire Stock Shower Essentials, reg. .99-69.99. Choose from over 100 styles of:
* Liners
* Rods
* Tub Mats
* Suction
* Rings
* Shower Caddies"

"Save 20% Entire Stock Metal Bath Accessorites & Shower Curtains"

Budget cuts hurt consumer protection
WASHINGTON State and local consumer protection agencies around the country should pool their limited resources and start an advertising campaign called “Gotcha.” It could be much like the popular “Got Milk?” campaign. Only instead of milk-mustachioed celebrities pushing the benefits of that dairy product, everyday people could warn their fellow …
Read more on Richmond Times-Dispatch

Starwatch Consumer | VW Passat’s safety questioned; dubious insurance claim rising
Volkswagen Passat cars are being investigated by the National Highway Traffic Safety Administration for fires in the engine compartment that may be related to ignition-coil failures.
Read more on The Kansas City Star

Filed Under: Consumer Economic News Tagged With: , , , ,

Consumer Protection Rights

August 4, 2010 By admin

Consumer Protection Rights

Consumer complaints are a legal way of filing one’s dissatisfaction for a service or product. It is a legal way of filing a claim. Our Government has assigned us certain freedom and certain consumer protection rights. It is the duty of the organizations and the Government to safeguard these rights. Government has amended six rights for the customers. The six rights are

• Right to Safety • Right to Information • Right to Choice • Right to be heard • The Right to Redress • Right to consumer education

But these rights are not always executed either by the organization or sometimes by the law. So, there is always a need for customer protection. Sometimes complaints fall on deaf ears, they go unheard, that is why there is always a need to register these complaints. If these rights are not protected, then an individual has every freedom to complain against it. Consumer complaints are lodged by filing a complaint letter. A consumer complaint letter is a formal way of demanding one’s rights. Few customers in our country are unaware of their rights and that is the reason why they are cheated and duplicated. People are now more responsive towards their rights and have started demanding it. A customer complaint legally helps a person to voice one’s opinion and lodge a legal claim against violation of any rule or customer protection rights. It helps a customer to raise its voice against injustice. Customer Complaint tries to protect customer rights by defending customers against malpractices, by prohibiting certain illegal practices.

Consumer Complaint forum India has helped many to realize their rights. Consumer Forum is a means to protect consumer rights. Online consumer complaints forum are available in the internet which helps distressed customers to fill up their consumer complaint letter. General public need to keep a constant check of their rights so that their customer rights could be protected. Many people are unaware of their rights and so they become victim of injustice and a complaint letter helps a customer to demand those rights. Consumer forum operates through campaigning, protesting and lobbying. Consumer forums try protecting customer rights by defending customers towards malpractices, by prohibiting certain illegal practices. The sole aim of the consumer forum is to create healthy business environment, promoting competitive forces in the market. Consumer Complaint forum helps in building a better networking among the public. Consumer forum India registers consumer reviews and on the basis of these consumer reviews proper actions are taken.

The interest of the customers can be protected by encouraging healthy competition in the market which serve the customers and not harm their integrity. These complaints can be registered in a consumer forum. The aim of consumer forum is to enforce consumer protection. Consumer forum is a response towards the ongoing conflict between the customers and their protection. The consumer forums file the complaints of the customers and advice them on the related issues. A consumer forum is a formal way by which a customer can complain against any injustice or any duplicity against an organization or a person concerned. It is a platform through which a person can register his or her complaints. Consumer Forum is easy ways by which a person can lodge complain. One has to just fill an application form and a bunch of experts will give suggestion regarding the matter.

Mahesh Bansal has a 10 long year’s of career expertise of working as a content writer. Throughout the years, Mr Basal has been writing content about the consumer related issues(consumer complaints, consumer protection, consumer forum etc) and has developed in-depth knowledge about the commandment followed for the costumer protection rights.

Related Consumer Articles

Filed Under: Consumer Economic News Tagged With: , ,

Consumer complaints rise as protection resources dwindle

August 3, 2010 By admin

Consumer complaints rise as protection resources dwindle
State and local consumer-protection agencies across the country should pool their limited resources and start an advertising campaign called “Gotcha.” Consumer Information – Home – Advocacy and Protection – United States – Governmental Help
Read more on Washington Post

Consumer Transactions for Prerecorded Video Content Grew 2.8% in 2009, Says Entertainment Merchants Association
ENCINO, CA–(Marketwire – 08/02/10) – Consumer transactions for prerecorded video content (DVDs, Blu-ray Discs, and digital delivery) grew 2.8% to 3.5 billion during 2009, the Entertainment Merchants Association (EMA) stated in a report issued today. According to “The D2 Report: Discs & Digital – The Business of Home Entertainment Retailing,” physical media, such as DVDs, Blu-ray Discs, and …
Read more on Marketwire via Yahoo! Finance

GSK Consumer Healthcare Q2 net up 30%
GlaxoSmithKline Consumer Healthcare today reported a 30 per cent jump in net profit for the quarter ended June 30, 2010 at Rs 71.75 crore from the same period a year ago.
Read more on Business Standard India

Filed Under: Consumer Economic News Tagged With: , , , , ,

Who will be the director of the new Bureau of Consumer Financial Protection?

July 21, 2010 By admin

Update: The pressure mounts. Demos, the public policy and advocacy group, has thrown its support behind Elizabeth Warren, too.  Writes Demos president Miles Rapaport:

"The centerpiece of this landmark legislation is the creation of the Consumer Financial Protection Bureau, a first-of-its kind federal agency whose sole mission is to shield the credit and savings of everyday Americans from unfair and deceptive lending practices. However, the fledgling Bureau will only be as strong as its director is effective. We can think of no more qualified public leader than Elizabeth Warren.

"Professor Warren understands that, on the issues of consumer financial protection, nothing less than the future of the American middle class is at stake."

Seems like if President Obama doesn’t select Warren, his nominee will need to do some fence-mending with consumer advocates.

The campaign to name Elizabeth Warren head of the new Bureau of Consumer Financial Protection is on.

Wall Street reform legislation creates a new bureau charged with protecting consumers in financial matters. And whether the bureau truly champions the consumer will depend on the person chosen to lead it.

That decision is up to the president, although the Senate must give its stamp of approval.

Consumer advocates want Harvard law professor, Elizabeth Warren, to get the job. But fears that she won’t grew out of a HuffingtonPost story last week that said Treasury Secretary Timothy Geithner doesn’t want Warren. The tough-talking Warren, head of a congressional oversight panel, has been sharply critical of how taxpayer money is being spent in the bank bailout.

The White House has said Warren is a candidate, among others.

Now, two major labor unions — SEIU and the AFL-CIO — are putting pressure on the White House to support Warren. The SEIU says its president, Mary Kay Henry, will push Warren’s nomination when meeting today with Geithner today. And AFL-CIO president Richard Trumka released this statement:

"In our view, there is only one candidate who is uniquely qualified and equipped to head this new agency. Harvard Law School Professor Elizabeth Warren originated the idea of the Consumer Financial Protection Bureau, and has proven as Chair of the Congressional Oversight Panel to be a strong and fearless advocate for the American public. We therefore strongly urge President Obama to appoint Professor Warren as Director of the new consumer protection bureau. Professor Warren’s appointment would make clear that under President Obama’s leadership, there truly will be accountability for Wall Street and fair treatment for the American public in the financial marketplace."

Reuters reports that the president will name someone soon.

Consuming Interests

Filed Under: Consumer Economic News Tagged With: , , , ,

Consumer Advocate Says Protection Agency Should Be Like Harvard’s Elizabeth Warren

July 20, 2010 By admin

Marketing as Consumer Engagement
consumer

Image by stefanomaggi
In a changing environment, the best way to build value for an organization is to concentrate on the most important and solid part of it: the consumer. Marketing as consumer engagement aims at delivering experiences (product and services) in a way that’s both interesting and useful.

Jeff Sovern at Public Citizen has a simple message for the Washington bureaucrats who will soon create the new Consumer Financial Protection Agency: Put Elizabeth Warren in charge and build the agency in her image.

Why Elizabeth Warren, you ask?

I want the CFPB to be just like Elizabeth Warren. When I think of Elizabeth Warren, I think of someone who does the work to find out what the problems are, identifies the best solution to those problems; and works hard to make that solution a reality, even though it means offending powerful interests–which may be why there’s opposition to her appointment (if there is opposition). That’s how we got the CFPB, and that’s what we need in the CFPB. We need an agency that bases its decisions on empirical realities rather than ideology. Just like Elizabeth Warren. And if that’s what we want, shouldn’t the CFPB be led by Elizabeth Warren?

Just in case you’re not up to speed about why Sovern hearts Professor Warren, we’ve included this video from Consumers Union’s recent activist summit. And, yes, that is Bankzilla at the activist summit, devouring an innocent bystander as a shocked (OK, hysterical) Warren looks on.

I Want the CFPB to Be Like Elizabeth Warren [CL&P Blog: ]

The Consumerist

Filed Under: Consumer Economic News Tagged With: , , , , , , , , ,
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