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
One common tactic debt collectors employ is to threaten to sue the debtor unless the debt is paid. Most people in the U.S. are terrified of a lawsuit, and they will do almost anything to make that possibility go away. However, it may be illegal for the debt collector to threaten you with a lawsuit. […]
Employment Law
Treating an employee unfairly based on their race, color, or ethnicity in regards to hiring, termination, promotions, benefits, compensation, and the work environment is considered racial Discrimination. The U.S. Equal Opportunity Employment Commission (EEOC) enforces the federal laws that prohibit racial discrimination in the workplace. Title VII of the Civil Rights Act is the primary […]
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 […]
Employment Law
There are many labor laws protecting you from being wrongfully terminated. Below is a compilation of a few… The Bankruptcy Act prohibits an employer from terminating an employee because they have filed bankruptcy or have unpaid debts. The Family and Medical Leave Act entitles qualified employees to take up to 12 weeks of unpaid leave to care […]
Lemon Law
The California Lemon Law protects consumers who have purchased or leased a vehicle with major unfixable flaws. According to the California’s Department of Consumer Affairs: • The Lemon Law applies to any problem that “substantially impairs the use, value or safety” of a car covered by a manufacturer’s new vehicle warranty, provided the problem is discovered within 18 months […]
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 […]
Employment Law
As an “At-will” employee, unless you have a contract with your employer for a specified term or may only be terminated “for cause,” then you may be terminated for almost any reason. However you may not be fired for the following reasons: Discrimination based on your sex, religion, race, age or ethnicity Retaliation for asking questions or […]
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 […]
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