Legal blog.

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

Personal Injury

Blinding Personal Injury Lawsuit

Franck’s Compounding Lab located in Florida allegedly sold contaminated surgical dye to eye surgeons that blinded patients or damaged their eyes, according to five federal complaints. These injuries have sparked 2 Los Angeles lawsuits against the pharmacy. The most recent lawsuit in Los Angeles was filed by Jim Hermanson who claims that Franck’s dye, “tainted with filth, putrid, or […]

Consumer Rights

FTC Investigates Instant Response Systems For Falsely Trying To Collect Money From Elderly Consumers

The FTC is alleging that Instant Response Systems of Brooklyn New York used deception, threats, and intimidation to bully elderly consumers to pay for medical alert systems they neither ordered. According to the Federal Trade Commission, IRS’s telemarketers called elderly consumers using high pressure tactics in an attempt to get them to buy medical alert services and if they did not purchase […]

Consumer Rights

Welk Resort Sues Telemarketers For Scamming Its Timeshare Owners Out Of Money

The Welk Resort Group. located in San Diego has sued VO Financial, its CEO Adam Lacerda, and co-founder Ashley Lacerda in Federal Court, claiming that VO Financial made “repeated and harassing phone calls” to Welk’s timeshare owners to “fleece” them and the resort.According to the complaint: “VO Financial falsely represents itself as a ‘timeshare research and resolution firm that offers mortgage reduction programs […]

Consumer Rights

How To Spot A Debt Collector Who Is Violating The Law

Federal and State Laws have been put in place to protect consumers from debt collection abuse. It does not make a difference whether you are behind in your payments or not, debt collectors are not allowed to harass you. Debt Collectors are not allowed to call you before 8:00am or after 9:00pm. Threatening you, cursing at you and insulting you are not allowed. They may […]

Consumer Rights

Cracking Down On Spam Text Messages

The Federal Trade Commission, (FTC) has filed 8 complaints against nearly 30 defendants just this week alone for sending spam text messages to consumers. According to the FTC, the defendants spammed consumers with more than 180 million text messages offering “free” $1,000 gift cards to popular retailers but then required consumers to pay for a subscription to a service, […]

Consumer Rights

Wells Fargo Sued For Spam Text Messages

While Wells Fargo does offer a free service to its customers known as “text banking” in which customers are able to receive account information via text message. In order for this service to comply with the Telephone Consumer Protection Act, (TCPA), customers must enroll in the program in order to receive the messages. Additionally, under the FCC’s […]

Consumer Rights

Vishing and Smishing - the new phone scams…

Vishers (Scammers) will pose as a local bank or other legitimate business that consumers find trustworthy in order to con them into providing their personal information. These scam artists will use “spoofing” to make the number that appears on your caller ID match the number of a trusted establishments If you have received a vishing call claiming […]

Consumer Rights

Spotting a Telemarketing Scam

Usually, telemarketing scam artists won’t give you time to think about their pitch, out of fear that if they give you time you will figure out that they are not legitimate. Consequently, they pressure you into saying “yes” immediately. The following are some red flag examples… “You have been specially selected.”“You have won one a valuable prize!” (but you have not entered any contests)“You’ve won money in […]

Employment Law

California Trucking Company Caught Improperly Classifying Drivers To Avoid Paying Overtime

According to a PR Newswire release, drivers for Seacon Logix were made to sign agreements, labeling them as independent contractors. Consequently, making them ineligible for overtime pay. However, when 4 truck drivers filed wage claims with the Long Beach office of the California Labor Commissioner, it was determined that Seacon exercised sufficient enough control over its […]

Employment Law

Disney Sued For Wrongful Termination

Robert Klein, a former Disney manager has filed a lawsuit in Federal Court claiming that Disney wrongfuly terminated him in retaliation for reporting the sexual harassment of a male employee. According to Klein, in 2011 he reporting that a female employee had sent “lewd” and “pornographic” messages to another Disney employee. (Robert Klein v. Walt Disney Company case:2:13-cv-01358) “Disney’s retaliatory actions […]

Employment Law

Dairy Queen Franchisee Sued For Sexual Harassment and Wrongful Termination

Dairy Queen Franchise operator, YS&J Enterprises, Inc., will pay $17,500 and furnish significant remedial relief to settle a sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). (EEOC v. YS&J Enterprises, Inc. d/b/a Dairy Queen, Civil Action No. 1:11 CV 01103), According to the EEOC’s lawsuit, 18-year-old Chastity Hill-Cox was harassed […]

Employment Law

EEOC Sues RadioShack For Age Discrimination

According to the lawsuit, 25-year RadioShack employee, David Nelson, age 55 was assigned a new 43-year-old regional manager to supervise him. Within 4 months of the new supervisor’s arrival, Nelson, who had a spotless performance record, was placed on 2 “performance improvement plans.” Nelson believed that he was being discriminated against by his new supervisor […]

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