Do not call list violations are increasing and our Do Not Call List Site cover claims. Some client may see contingent representation and Contingency law covers this area. Finally clients seeking local counsel can check out local counsel
Feel free to contact us about legal developments and related areas of law.
1. Not recognizing challenges
New Jersey keeps statistics about lemon law trials and manufacturers win 70% of those trials. So if you believe you simple need to show 3 repairs or 20 days out of service, you are unfortunately misplaced.
2. Requirement that the Problem Continues
First, the law typically requires that the problem still exists. So a lot of consumers lose when they say, I don’t care if they say its fixed and I agree its not malfunctioning now, but who’s to say it won’t malfunction in the future. The point is I paid 45,000 for this car, I feel unsafe, and I want a reliable vehicle that I can trust. Sounds good but that is not the legal standard.
3. Material Impairment
You have to prove that a problem materially impairs use, value, or safety, saying the vehicle is unsafe may not be enough.
4. Doing it Yourself
One thing we do is review the challenges beforehand, so the consumer is not surprised. There are provisions for payment if you prevail, and doing it yourself can be a fatal and unnecessary mistake.
5. Lack of Expert Testimony and the Vehicle Characteristic Defense
Some problems are evident but sometimes, a manufacturer will suggest a condition is simply a product of the car’s design. If a 4 cylinder vehicle is sluggish, that’s because the vehicle is designed for good gas economy. Expert testimony can frequently dispel the claim of product design and help establish a problem. We had a case involving an conditioner that periodically malfunctions, with the manufacturer submitting that the problem did not impair use, value, or safety. However, the expert explained that the underlying problem impacted the engine, and the judge agreed the issue was substantial placing it under the lemon law.
6. Choosing the Wrong Forum
There are relatively strict requirements for lemon law cases in the Office of Administrative Law, but a variety of claims can be brought in court. An attorney can help review where the case should be filed.
7. Getting a Lawyer Too Late
A sadly over-confident client loses a lemon law trial and then consults a lawyer. Appeals may be time-consuming and clearly it is better to review options before trial.
HAVE A LEMON LAW CLAIM, CALL FOR A FREE CONSULTATION
The Consumer Financial Protection Bureau (Bureau) and the People of the State of New York today settled claims against Sterling Jewelers Inc. The Bureau’s and the State’s parallel investigations found that Sterling violated the Consumer Financial Protection Act of 2010 by opening store credit-card accounts without customer consent; enrolling customers in payment-protection insurance without their consent; and misrepresenting to consumers the financing terms associated with the credit-card accounts. The Bureau also found that Sterling violated the Truth in Lending Act by signing customers up for credit-card accounts without having received an oral or written request or application from them. The State of New York found that Sterling violated several provisions of state law.
Under the settlement, Sterling will pay a $10 million civil money penalty to the Bureau and a $1 million civil money penalty to the State of New York. Sterling has also agreed to injunctive relief. Sterling operates over 1,500 jewelry stores under several names, including Kay Jewelers, Jared The Galleria of Jewelry, JB Robinson Jewelers, Marks & Morgan Jewelers, Belden Jewelers, Goodman Jewelers, LeRoy’s Jewelers, Osterman Jewelers, Rogers Jewelers, Shaw’s Jewelers, and Weisfield Jewelers. Sterling is a wholly owned subsidiary of Signet Jewelers Limited, the largest specialty-jewelry retailer in the United States, Canada, and the United Kingdom.
If you experienced problems with a jewelry credit card, you may be entitled to compensation.
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Have you checked and found your cable bill is substantially more than promised.
Call (973) 598-1980 for a Free Consultation on Your Claim
Toyota Sienna owners continue to complain of significant problems with sliding doors. A class action has been filed and claims can be asserted for repair costs, diminished value, or loss of use.
There is an abnormal and elevated rate of product problems and failure with the sliding doors on the Toyota Sienna due to improper and/or defective design or manufacture. Toyota outfitted the Sienna with automated rear sliding doors common to minivans. Many owners have experienced both the rear sliding doors stuck shut and unable to open by any means, manual or automatic, as well as the doors opening spontaneously. They have incurred costs for attempted repair of the doors, loss of use of the vehicle, and expenditures for rental vehicles while the vehicle was being serviced. Sliding doors being stuck shut and opening spontaneously presents safety risks.
The National Highway Traffic Safety Administration (NHTSA) compiles data on product problems and defects, and tracks vehicle recall information. NHTSA’s November 29, 2016 campaign, number 16V858000, is entitled “Power Sliding Door May Open While Driving”. The NHTSA campaign is directed at Toyota Sienna minivans and indicates, “If the power sliding door is unable to be opened when commanded, such as if the door is frozen shut, the door may subsequently open unexpectedly, possibly while the vehicle is moving.”
Call for a Free Consultation on Your Toyota Sienna Sliding Door Problem,
Keywords Toyota Sliding Door Class Action, defect, claim, warranty,
A recent article in Carproblem Zoo discusses the incidence of vehicle problems. Car Problems article
|Problem Category||Number of Problems|
|Engine And Engine Cooling||
|Vehicle Speed Control||
|Other Fuel System||
|Gasoline Fuel System||
|Electronic Stability Control||
|Unknown Or Other||
|Diesel Fuel System||
|Traction Control System||
|Hybrid Propulsion System||
|Forward Collision Avoidance||
|Back Over Prevention||
If you experienced repeated car problems, you may be entitled to compensation or a new car. Call for a Free Consultation
A New York publication outlines advertising and sales practices that can constitute consumer fraud or a deceptive practice,
Watch out for FOOTNOTES AND ASTERISKS (“*”). The “fine print” in an
advertisement sometimes changes an offer made in the large print. That’s deceptive.
PHOTOS AND ILLUSTRATIONS should match the products being advertised.
Any PRICE QUOTED in an ad must match the actual purchase price.
Beware of ads using phrases like “as low as,” “starting at,” or “… and up” next
to the listed price. Any phrase that refers to a RANGE OF PRICES, without
being specific about which item costs how much, makes the ad deceptive.
COMPETITIVE DISCOUNT claims like “lowest prices,” “guaranteed lowest
price,” or “prices lower than everyone else” are nearly impossible to prove.
When a vendor offers to bring his price down to undersell a competitive price
(“We will not be undersold”), the vendor should produce evidence that the offered price is lower. There should be a clear and conspicuously posted disclosure of the business’s PRICE-MATCHING policy.
All of an ad’s PRINT SIZE should be readable—no smaller than 10-point type.
(This is a sample of 10-point type.)
If an ad uses CONTRASTING COLORS, they must not make the ad harder to
read. For example, words in one color should not be printed against a background of the same color but a different shade.
If an ad mentions a STORE WARRANTY OR GUARANTEE other than the
manufacturer’s, it should clearly say that the consumer would see the warranty
before the purchase is made.
In cases of competitive discount and price-matching claims, stores sometimes
limit their discount to prices set by “AUTHORIZED DEALERS” of a product. Be prepared to compare that price to other stores’ standard price.
Check to see if the specific amount of SHIPPING AND HANDLING
CHARGES are disclosed.
When a discount is offered in A RANGE OF PERCENTAGE TERMS (“Save
from 10% to 40%”), the ad should be clear about the standard price that the
vendor is discounting.
When an ad claims that an item is available at A PRICE LOWER THAN THE
MANUFACTURER’S SUGGESTED RETAIL PRICE, ask the retailer to
prove that other vendors in the area offer the same suggested price. If not,
this may be no bargain.
An ad may say “sale,” “discount,” “price cut,” “clearance,” and so on, without
actually offering a substantial savings from the earlier price. If you can’t tell
the real savings from the ad, find out from the business’s management.
Ads that refer to RETAILER’S COST – “at cost,” “below cost,” “inventory
price,” “wholesale,” “factory billing,” and so on – sometimes cover up the
fact that the prices still include real profits to the retailer.” New York Deceptive Practices
If you have been a victim of deception, call for a free consultation.
A press release by the Division of Consumer Affairs discusses consumer fraud. If you
have been a victim of consumer fraud by a dealer, you may be entitled to compensation.
New Jersey Division of Consumer Affairs Reaches Settlement with Middlesex County Auto Dealership in Connection with Consumer Fraud InvestigationView Order
NEWARK – Attorney General Christopher S. Porrino and the Division of Consumer Affairs today announced that a Middlesex County car dealership has agreed to pay $136,000 and change the way it does business in order to resolve the Division’s consumer fraud investigation of the dealership’s advertising, sales, and leasing practices.
Sansone Hyundai, Inc., located on US-1 in Avenel, entered into the settlement to end the Division’s investigation of its alleged activities, including failing to disclose the total price for certain advertised vehicles, and charging consumers for aftermarket merchandise that was listed at “no charge” on certain leases and sales contracts.
“Consumers should be able to purchase a new car without having to worry about misinformation and hidden costs,” said Attorney General Porrino. “This settlement ensures that consumers will receive transparency and honesty from this dealership, as required by law.”
“Dealerships must fully disclose all costs and fees associated with the purchase or lease of a vehicle before consumers sign on the dotted line,” said Steve Lee, Director of the Division of Consumer Affairs. “We will continue to enforce the laws and regulations in place to ensure consumers have the facts they need to make informed decisions.”
In a Consent Order with the Division, Sansone Hyundai, among other things, agreed to:
- comply with all applicable state and/or federal laws, rules, and regulations, including the Consumer Fraud Act, the Motor Vehicle Advertising Regulations, the Automotive Sales Regulations, and the Consumer Leasing Act;
- not misrepresent the terms and conditions of any financing or lease plan;
- not add and charge for aftermarket merchandise, such as window etch or service contracts, without consumers’ knowledge and/or authorization;
- not represent to consumers that certain dealer-installed options and/or aftermarket merchandise are mandatory when, in fact, they are not;
- not sell consumers aftermarket merchandise that overlaps or provides similar benefits in part to merchandise the consumer has already purchased through the lease or sale transaction;
- accurately reflect in leases the “gross capitalized cost” as required by the consumer leasing act;
- provide consumers with an opportunity to review all leases and/or sales documents and/or aftermarket contracts prior to signing; and
- not identify the advertised prices of a motor vehicle by reference to the MSRP sticker, when the motor vehicle includes an addendum to the MSRP sticker that reflects a higher total price.
Sansone Hyundai also agreed to make a $136,250 settlement payment to the State.
Investigator Patrick Mullan, of the Division of Consumer Affairs’ Office of Consumer Protection, conducted this investigation.
Deputy Attorney General Cathleen O’Donnell from the Consumer Fraud Prosecution Section within the Division of Law represented the State in this matter.
There have been multiple complaints about engine problems on 2015 Chevrolet Silverado and other models. They include,
Engine Stalls/Dies While Driving,
Starts Hard, Check Engine Light On
Excessive Oil Consumption
Hesitation/Jerking When Trying To Accelerate
Here are some typical complaints excerpted from NHTSA records,
Engine light stays on will not pass state inspection, traction control or maybe stability light on, loss of power not shifting right, no ac, shut down eng display comes on.
While driving my new 2015 Silverado. I experienced the dash lights flashing on and off, radio on and off, Stabilitrak warning, and Engine Failure. I find this issue to be very unsafe. Due to engine failure possibly in the middle of traffic.
Vehicle owners may be entitled to compensation for repair costs or inconvenience, replacement vehicle, or refund. Claims may be presented for breach of warranty, lemon law, and Magnuson-Moss Act violations.
|1 Car Complaints report|
|2 GM Truck Forum n|
|3 Consumer Reports|
2015 chevy silverado problems, 2015 chevy 5.3 engine problems, Chevy Silverado recalls
Call (973) 598-1980 for a Free Consultation on Your Chevrolet Engine Claim