Employment law and consumer protection, explained by the attorneys who litigate it. Straight answers on your rights at work and in the marketplace.
Consumer Rights
BMW has reached a settlement in a privacy violation class action against them. The lawsuit alleged that BMW recorded BMW Assist calls without first disclosing that the customer’s call may be monitored or recorded. “Section 632 of the California Penal Code provides that all parties to the a telephone conversation must be informed of or consent to […]
Consumer Rights
Unfortunately, many con-artists posing as legitimate companies or charities use the phone to bilk consumers out of millions of dollars every year with rogue telemarketing schemes. Fraudulent telemarketers will try to convince you that “It is your lucky day!” with promises of discounts or prizes, “if you act now!” Fraudulent telemarketers will often times target […]
Consumer Rights
Yes, The State of California has a statutory homestead exemption of at least $75,000 of equity in your primary residence. If you are disabled, a senior citizen or have dependents your amount may be higher. In other words, Creditors are not able to attach a lien to your social security check, nor money in a bank account if it is funded solely […]
Consumer Rights
(Reuters) The Supreme Court on Friday agreed to consider whether American Express Co (AXP.N) may invoke an arbitration clause to prevent merchant customers from banding together in an antitrust lawsuit against the company. The court accepted the credit card and travel services company’s appeal from a February ruling by the 2nd U.S. Circuit Court of […]
Consumer Rights
Anyone can be victimized by telemarketing scams. It doesn’t matter your age, race, sex or educational level, scam artists have tailored their pitches to fit every type of person and scenario. Many times these high pressure scam telemarketing calls sound like the following… “Congratulations! You have been specially selected to hear this offer.” “You will qualify for a free bonus if […]
Consumer Rights
The Telephone Consumer Protection Act (TCPA) protects consumers from being harassed by aggressive telemarketing tactics. Such as, sending unsolicited faxes, text messages and robo-dial calls to a consumer’s cell phone with artificial and recorded voice messages. The TCPA is designed to protect telephone consumers from the intrusion of unwanted solicitations and the additional expenses which […]
Consumer Rights
Although the Fair Debt Collection Practices Act (FDCPA) applies to every state, not all states provide its residents additional protection from collectors like California. People living in California have an additional layer of consumer protection known as the California Rosenthal Fair Debt Collection Practices Act. Meaning, Californians are protected under two laws, both the federal law (FDCPA) and the […]
Consumer Rights
1. If I file a chapter 7 or a chapter 13 bankruptcy will I ever get credit again? Yes, it is possible. However, we caution jumping right back into debt to avoid ending up in the same situation. Many people start building their credit back up with secured credit cards. Also, time will help, the Bankruptcy becomes less significant the further […]
Consumer Rights
If the creditor has hired a collection agency and the collection agency (not the creditor) is sending you excessive text messages, that is a violation of the Fair Debt Collection Practices Act, (FDCPA). If the text messages are from the creditor (not a hired collection agency), the federal FDCPA does not apply. However, you may still be able to get protection […]
Consumer Rights
If you are receiving calls from debt collectors, whether they are your debts or not, (sometimes debt collectors have the wrong contact information, but do not believe you when you tell them they have the wrong person) you should make a habit of doing the following: DO NOT THROW ANYTHING AWAY. Keep all letters, including the envelopes sent to you. Having […]
Consumer Rights
Losing your home can be a very traumatic experience and often times a homeowner ends up in the predicament through no fault of their own. In this tough economy many hardworking people have found themselves either under-employed or unemployed for years. They try to take whatever jobs they can just to get by, but often […]
Consumer Rights
A creditor is never allowed to harass you and the law provides many remedies for consumers who are being harassed by rogue debt collectors. If you are in bankruptcy, the laws governing creditor communication are even tougher. It is a violation of the bankruptcy “automatic stay” for creditors to contact a person in bankruptcy about paying most debts […]
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