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Advertising Deception


There are several types of deception in advertising.

  1. Material Terms and Conditions should be disclosed. Note the New Jersey Consumer Fraud Act requires the nondisclosure to be deliberate for a defendant to be liable.

  2. Disclosure should be clear and conspicuous The disclosure should be easily seen, read and understood by consumers.
  3. Dark Patterns Design practices to obscure and misdirect the consumer or hide relevant information.
  4. False or Hidden Fees.


Call for a Free Consultation on Your False Advertising Claim.

Deception in Credit Card Approval


Nearly one-third of users who applied for credit cards labeled as preapproved by Credit Karma, a credit monitoring company, were subsequently denied following a credit check. According to a complaint filed by the FTC, the marketing efforts wasted consumers’ time and had a negative impact on their credit scores.

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Marketing campaigns designed to trick people into taking specific actions, like applying for a credit card an individual is allegedly preapproved for, are known as dark patterns. According to a news release, the FTC is cracking down on predatory practices that “harm consumers and pollute online commerce.”

The FTC complaint alleges that at least between February 2018 and April 2021, Credit Karma violated the Federal Trade Commission Act by promoting products that consumers were either “Pre-Approved” for or had “90% odds” of approval for, but ultimately were unqualified.

“Credit Karma’s false claims of ‘pre-approval’ cost consumers time and subjected them to unnecessary credit checks,” Director of the FTC’s Bureau of Consumer Protection Samuel Levine said in the news release.

Deceptive Credit Card Advertisements

 Advertising and marketing, including promotional offers (confusing or misleading advertising, didn’t received advertised interest rate)  Trouble using your card, fees or interest, application denied, delay in processing application, sent card you never applied for a Card opened as result of identity theft or fraud, Didn’t receive advertised or promotional terms (different interest rate, length of promotional offer was shorter than advertised) o Confusing or misleading advertising about the credit card (terms weren’t clear, couldn’t find important information on the disclosure)

Holding Companies Accountable for False Advertising

We understand the impact that false advertising can have on individuals and businesses. Our experienced team of lawyers is dedicated to seeking justice and holding companies accountable for their misleading and deceptive advertisements.

Why Choose Us?

Many contracts have hidden and unfair clauses
  1. Specialized Knowledge: Our lawyers specialize in false advertising claims and have a deep understanding of the laws and regulations governing marketing and consumer protection. We stay updated with the latest developments in this field to ensure the best representation for our clients.
  2. Experience: With [X] years of experience, our legal team has successfully handled numerous false advertising cases. We have a track record of achieving favorable outcomes and helping clients recover compensation for the losses they have suffered due to misleading advertisements.
  3. Strategic Approach: We take a strategic and personalized approach to each case. Our lawyers will thoroughly investigate the advertising claims, gather evidence, consult with industry experts if necessary, and develop a strong legal strategy tailored to your specific circumstances.
  4. Strong Advocacy: We are passionate about protecting consumers’ rights and holding companies accountable for their deceptive marketing practices. Our lawyers will fight tirelessly on your behalf to seek justice, ensure fair compensation, and prevent further harm to consumers.

How We Can Help You:

  1. Case Evaluation: Our team will evaluate your case to determine if you have a valid false advertising claim. We will review the advertisements in question, assess the deceptive elements, and advise you on the best course of action.
  2. Legal Representation: Should you choose to proceed with your false advertising claim, our experienced lawyers will guide you through the entire legal process. We will prepare and file all necessary paperwork, engage in settlement negotiations with the company, and, if needed, litigate the case in court.
  3. Compensation Recovery: Our primary goal is to help you recover compensation for the losses you have incurred due to false advertising. This may include monetary damages, reimbursement for purchases made based on misleading advertisements, and other remedies available under the law.

If you believe you have been a victim of false advertising or have concerns about deceptive marketing practices, we encourage you to take action today. Contact us to schedule a free telephone consultation. Let us evaluate your case, explain your rights, and provide expert legal advice.

I’ve been a victim of deception.

Remember, timing is crucial in false advertising claims. It is important to act promptly to preserve evidence and protect your rights. Our dedicated team is ready to assist you in seeking justice and holding companies accountable for their misleading practices. We look forward to advocating for your rights and helping you navigate the complex landscape of false advertising claims

Consumer Fraud Claims

We understand the frustration and impact that consumer fraud can have on individuals and families.

Insurance Policy Review

Our dedicated team of lawyers is here to provide you with the legal guidance and support needed to seek justice.

Why Choose Us?

  1. Experience: With over 25 years of experience in consumer fraud cases, our legal team has a deep understanding of the laws and regulations governing consumer protection. We have successfully represented numerous clients in similar cases, achieving favorable outcomes and substantial compensation for our clients.
  2. Expertise: Our lawyers specialize in handling various consumer fraud claims, including false advertising, deceptive practices, financial scams, product misrepresentation, and identity theft. We stay up-to-date with the latest developments in consumer protection laws to ensure the best representation for our clients.
  3. Personalized Approach: We believe in providing personalized attention to each client. Our lawyers will listen to your concerns, assess the unique aspects of your case, and develop a tailored legal strategy to achieve the best possible outcome. We understand that every situation is different, and we will work closely with you to protect your rights and seek the compensation you deserve.
  4. Strong Advocacy: Our law firm is dedicated to advocating for consumer rights. We are passionate about holding fraudulent companies accountable for their actions and ensuring that consumers receive fair treatment. We will fight on your behalf, both in and out of the courtroom, to seek justice and obtain compensation available though we cannot guarantee a particular result.

How We Can Help You:

  1. Case Evaluation: Our team will carefully evaluate your case to determine its merits and potential for success. We will gather evidence, review documents, and consult with experts if necessary to build a strong foundation for your claim.
  2. Legal Representation: Should you choose to proceed with your consumer fraud claim, our experienced lawyers will guide you through the entire legal process. We will prepare and file all necessary paperwork, negotiate with the opposing party, and represent you in court if litigation becomes necessary.
  3. Compensation Recovery: Our primary goal is to help you recover the financial losses and damages caused by consumer fraud. We will seek compensation for any monetary losses, emotional distress, and other damages you have suffered as a result of the fraudulent practices.

Take the First Step:

If you have been a victim of consumer fraud or suspect any deceptive practices, we urge you to take action today. Contact us to schedule a free consultation. Our team is ready to listen, understand your situation, and provide expert legal guidance.

I have been a victim of fraud and would like to take action.
I have been a victim of fraud and would like to take action

Remember, time can be important when it comes to consumer fraud claims. Don’t delay in seeking legal advice and representation to protect your rights and hold the responsible parties accountable.

We look forward to assisting you in your fight against consumer fraud.

If you have been a victim of consumer fraud or suspect any deceptive practices, we urge you to take action today. Contact us at (973-598-1980[Office Phone} or (973) 479-5515) (Attorney Cell [or email HowardGutman@aol.com] to schedule a free consultation. Our team is ready to listen, understand your situation, and provide l guidance.

Defending Claims of Debt Buyers

  1. File Your Answer and Meet Deadlines Someone said, 50% of success in the theatre is just showing up.  Same with debt defense.   Make sure you file your answer in a timely fashion and if there is a court or motion date, you are present.
  2. Require Proof of the Ownership of the Debt from the Alleged Buyer Where’s the proof.  Sometimes a debt buyer will say it was assigned or purchased debt and reference an assignment or other document.
    There is no evidence before the Court of the assignment from GE Capital Retail Bank to Cavalry SPV I LLC. Defendants submit the affidavit of  the Lead Litigation Analyst for Synchrony Bank, formerly known as GE Capital Retail Bank. In ¶ 7, she states: “Synchrony’s records reflect [Plaintiff’s] Account charged-off due to non-payment and was later sold to Cavalry SPV I, LLC.” There is no copy of a bill of sale nor of a contract of assignment. Therefore, Cavalry SPV I LLC, the alleged assignee, has failed to satisfy its burden by a preponderance of the evidence that it is entitled to enforce the arbitration provision in the Bank’s credit card agreement with Plaintiff.  Williams v. Cavalry SPV I LLC, CASE NO. 1:18CV1479, at *6 (N.D. Ohio Aug. 19, 2019).
  3. Serve Discovery  as appropriate

    You may be able to request information about the claim called discovery.  You can generally request documents pertaining to the debt or serve written questions.
    Insurance Policy Review
  4. Consider Arbitration  Some claims may be subject to arbitration which can provide a more consumer-friendly approach.
  5. Consider Representation or Speaking with an Attorney to Discuss Strategy

    We represent clients facing claims and also provide an initial consultation to represent yourself.
    yourself.    Young female executive using phone at office

Free Legal Assistance for Health-Care and Grocery Workers

Some front-line people such as nurses and grocery store clerks have experienced legal issues associated with Covid 19.   We are prepared to offer our services, frequently on a pro bono basis for those with legal issues where we can help.

Some people may be facing eviction, while others could have other challenges.  This may include free telephone consultations, preparation of letters or other work.  I cannot commit to taking every cases but we will listen and hopefully in some cases, provide meaningful assistance.

Young female executive using phone at office
Please help

Volkswagon Jetta Transmission Problem

cropped-woman-with-auto-2

1. VW 8 Speed Transmission Problem 

Consumers have complained about a number of problems with the Volkswagen Tiguan  AWF8F35 8-Speed Automatic Transmission.

2. Class Action 

A class action has been filed to address the problem and notes one goal was to improve gas economy,

“The Transmission was designed to improve the Class Vehicles’
miles-per-gallon ratings in reaction to consumer demand and mounting pressure
from regulators to continually improve fuel economy. Unfortunately, the fuel
economy came at a price. Under pressure to squeeze
more miles per gallon out of the Class Vehicles, VWGoA calibrated the
Transmission’s software to engage higher gears at insufficient speeds and
insufficient revolutions per minute (“RPMs”) and likewise programmed the
torque converter to lock up at insufficient speeds and at insufficient RPMs. Parrish v. Volkswagen,  8:19-cv-01148.

However, significant problems arose,

the Transmission  grinds, suffers hard and sudden shifts, delayed acceleration,
hesitation, banging into gear, and ultimately suffers broken seals and oil leaks,
resulting in catastrophic failure (the “Transmission Defect.”)

3. Typical Problems  

“There is a growl noise heard when driving less than 25 MPH, around 200 RPMS in 4th gear upshifting to 5th gear.

4. Technical Service Bulletins and Notices 

Volkswagen has essentially acknowledged the problem with its issuance of service bulletins to address the pervasive problem.  See TSB 32-18-01TT.

FREE CONSULTATION ON YOUR VOLKSWAGEN PROBLEM CALL (973)598-1980

Man in home office on telephone using computer smiling

GM’s HydraMatic 8L90 Transmission Defect

  1. Problems A number of transmission problems have been reported, including bucking,
    harsh engage, sudden acceleration, delay in downshifts, delayed acceleration, difficulty, repeated repair or replacement of the transmission and its components

    system is done again

    A class action against General Motors states,  “shuddering, shaking, jerking and hesitation is related to internal issues within the transmission and/or torque converter causing undue friction and impairing proper functioning
    of hydraulic systems and gears, which in turn results in metal shavings being circulated throughout the transmission. This damage to the transmission and torque converter imposes escalating repairs upon consumers, including the need to flush the metal shavings from the transmission. Because of
    the Transmission Defect, the Class Vehicles present a safety hazard and are unreasonably dangerous to consumers. ”  Shelton v. General Motors, Case 2:19-cv-11802-S

  2. Vehicles coveredVehicles include the 2015-2019 Chevrolet Silverado; the 2017-2019
    Chevrolet Colorado; the 2015-2019 Chevrolet Corvette; the 2016-2019 Chevrolet Camaro; the 2015-2019, Cadillac Escalade and Escalade ESV; the 2016-2019 Cadillac ATS, ATS-V, CTS, CT6, and CTS-V, 2015-2019 GMC Sierra, Yukon, and Yukon XL, and Yukon Denali XL; and the 2017-2019 GMC Canyon.

    Similar problems with these vehicles have been covered on this site.

  3. Legal Status A class action has been filed.  People may also individually recover compensation.

    CALL (973) 598-1980 FOR A FREE CONSULTATION 

    Young female executive using phone at office
    My new car jerks and hesitate and they cannot seem to fix it.

Cadillac and General Motors Touch Tone Display Defect

1. Class Action and CUE System

system is done again

There have been a number of complaints about the Cadillac Touch Tone Display.  A class action states,

GM has concealed a dangerous defect from its customers
who purchased or leased 2013 to 2017 Cadillac ATS, SRX and XTS vehicles and
2014 to 2017 Cadillac CTS, ELR and Escalade vehicles equipped with GM’s
“Cadillac User Experience” touch screen display (the “CUE System” or “CUE”)
(collectively, “Class Vehicles”). Among other things, the CUE System controls
the vehicle’s climate, navigation, audio/Bluetooth/communications, and back-up
camera. GM’s conduct is especially egregious because the defective CUE
Systems pose serious safety risks.

2. Vehicles Covered 

Cadillac ATS (model years 2013-2015)
Cadillac SRX (model years 2013-2015)
Cadillac XTS (model years 2013-2015)
Cadillac CTS Vin A (model years 2014-2015)
Cadillac ELR (model years 2014-2015)

CALL NOW FOR A FREE CONSULTATION ON YOUR VEHICLE PROBLEM

Young female executive using phone at office
The dealer still has not fixed the problem.  

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