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Employment law and consumer protection, explained by the attorneys who litigate it. Straight answers on your rights at work and in the marketplace.

Employment Law

San Francisco Giants must pay $700,000 in back wages and fines following a Labor Department Investigation

According to a recent San Francisco Chronicle report, “as a result of a federal audit by the U.S. Labor Department, The San Francisco Giants baseball team has agreed to pay approximately $700,000 in back wages and penalties to 74 batboys, cooks, clubhouse attendants and other employees for alleged improper salary practices.” The Giants were allegedly paying these employees a flat game rate, even though, according to […]

Consumer Rights

Debt collector sued for FDCPA violations after allegedly pretending to be an attorney

Debt Collection agency, National Credit Audit Corporation was accused of violating the Fair Debt Collection Practice Act (FDCPA) after one of its debt collectors allegedly misrepresented herself as an attorney to a debtor’s husband in an effort to intimidate them into paying an alleged debt. After the call the debtor’s husband contacted National Credit Audit Corp’s main line […]

Consumer Rights

You can not go to jail for being late on your credit card

A fairly common, yet illegal tactic of overly aggressive debt collectors is to threaten consumers with arrest if they do not pay their debt. Some shady debt collectors have even go as far as to illegally impersonate a police officer and claim to have a warrant for the consumer’s arrest. This tactic is illegal on a couple of different levels. For one thing, it is […]

Consumer Rights

Yes! You can sue a debt collector even if you owe the debt

Over the years, many clients have asked me if they are able to sue a debt collector for harassment under the Fair Debt Collection Practices Act (FDCPA), even if they owe the debt they are being harassed about. My answer to them is a resounding YES! The FDCPA protects all consumers against debt collection abuse, whether the consumer owes the debt or not. In […]

Consumer Rights

Debt collectors need to be careful when leaving you a voicemail

According to the Fair Debt Collection Practices Act (FDCPA), debt collectors must disclose in every voice mail left for a consumer, that the communication is from a debt collector. However, the FDCPA also prohibits debt collectors from telling third parties that the consumer owes a debt. Consequently, this creates a conundrum for debt collectors who leave voice mails for consumers. On the one hand, the […]

Consumer Rights

Attorney General Attempts To Close Down A Debt Collector For Violating The FDCPA

New York Attorney General Andrew M. Cuomo sued debt collection agency, Benning-Smith Group, for allegedly violating approximately 1,000 state and federal laws. Cuomo claims that his office received 850 complaints against Benning-Smith debt collectors from consumers located in several different states. According to Cuomo, the Benning-Smith debt collectors used outrageous and illegal collection techniques. One debt collector allegedly repeated the name of a consumer’s daughter […]

Employment Law

Dry cleaning employee sues for unpaid overtime pay

Former Image Dry Cleaner and Laundry, Inc., employee, David Greer has filed a lawsuit against the company claiming he was not properly paid for overtime work in violation of the Fair Labor Standards Act. (Case No. 4:11-cv-00827) According to Greer, during his employment, he was improperly classified and paid as an exempt employee. Many companies […]

Consumer Rights

The Center for Clinical Research is being sued for alleged ADA violations.

University of Texas Health Science Center, University Health Science Center at Tyler, and the Center for Clinical Research are facing a lawsuit from former employee, Debra Ellen Cohen, who claims they violated the Americans with Disabilities Act (ADA) by not providing equipment to accommodate her disability. (Case No. 6:11-cv-00650) The ADA requires an employer to […]

Consumer Rights

Fake Magazine Telemarketing Scam Brought To Justice

Attorney General John Suthers has filed a lawsuit against High, High 2, Subscription Solutions, C&R Marketing & Associates, 5280 Publication LLC, Magazine Man, along with the owners of the companies, Raymond B. Jones Jr., his mother, Cora Jones for an alleged telemarketing scam.This mother and son team is accused of duping victims by calling them, pretending to […]

Consumer Rights

How to ask a debt collector for a validation of debt

According to the Fair Debt Collection Practices Act (FDCPA), all consumers have the right to request a validation of a debt. A debt collector who is in compliance with the FDCPA must send a consumer a written notice within 5 days of their first communication with them. The notice must tell the consumer, among other things, about their right to request validation of […]

Employment Law

Prison management company, GEO Group has reached a settlement in a sexual harassment suit with the EEOC

The GEO Group, Inc., a prison management company, that runs over 100 private prison facilities across the country, has reached a $140,000 settlement with the Equal Employment Opportunity Commission (EEOC) and Arizona Civil Rights Division (ACRD). According to the EEOC and ACRD, GEO Group had an extreme tolerance for sexual harassment. Specifically, the EEOC and ACRD alleged that male managers at GEO […]

Consumer Rights

Wise Media sued for spam “Love Genie Tips” text messages

A federal class action lawsuit has been filed against Wise Media, LLC, an alleged spammer that tricks cell phone customers out of $10 a month for “flirting tips” unless they immediately reject a “tip” they never asked for, consented to, or even received. According to the class action lawsuit, lead Plaintiff Andrew Humble he received a text message from an unknown […]

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