- 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.
- 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).
- 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.
- Consider Arbitration Some claims may be subject to arbitration which can provide a more consumer-friendly approach.
- Consider Representation or Speaking with an Attorney to Discuss Strategy
We represent clients facing claims and also provide an initial consultation to represent yourself.
New Jersey Automobile Dealer Fraud
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.
Overpayment Claim Against Health Care Company
The New York Attorney General announced a settlement with a health insurance company regarding overbilling consumers.
The company charged its insureds improperly out-of-network rates for certain medical providers, including radiologists, pathologists, and anesthesiologists. Many of the people faced debt-collection lawsuit as a result of overbilling. The company was also required to Diagnostic Center, Inc. (“NYMDC”), a New York City health care provider, agreed to cease its practice of balance billing. When a health care provider “balance bills” a patient, it sends the patient a bill for any amount of its charge that an insurer did not cover—despite the fact that the provider is required to accept the insurer’s payment as payment in full. New York Attorney General Settles Balance Billing and Overpayment Disputes http://healthlawsidebar.com/?p=842
If you believe you have been a victim of overbilling, call for a free consultation.
Common Fraud Complaints
The FTC issued its report on common complaints.
Sometimes victims may be able to obtain recovery from the perpetrator or others. We provide a free consultation on fraud claims.
TOP 10 FRAUD CATEGORIES
# OF REPORTS
% REPORTING $ LOSS
TOTAL AMOUNT LOSS
MEDIAN $ LOSS
|2||Telephone and Mobile Services||149,578||4%||$17M||$223|
|3||Prizes, Sweepstakes and Lotteries||142,870||9%||$95M||$511|
|4||Shop-at-Home and Catalog Sales||126,387||58%||$94M||$261|
|6||Foreign Money Offers & Counterfeit Check Scams||31,980||33%||$34M||$1,008|
|7||Travel, Vacations, and Timeshare Plans||22,264||18%||$38M||$1,710|
|8||Business and Job Opportunities||18,702||34%||$47M||$1,063|
|9||Advance Payments for Credit Services||17,762||74%||$15M||$318|
Call or email us for a Free Consultation.
Nearly nine months ago, a federal court in California ruled that an online grocer must refund customers the amount of money they were overcharged when the company broke its own terms and conditions by marking up prices of items ordered online. We finally know how much the supermarket chain will hand over: about $30.9 million.
The fine marks the end of a four-year legal battle in which the plaintiffs alleged that the company marked up prices for home-delivered groceries by nearly 10% in apparent violation of its own online customer agreement.
Our office is evaluating claims and class action for undisclosed charges, late fees, and unauthorized add-ons.
Call (973) 598-1980 for a Free Consultation on Your Claim
CABLE COMPANY OVERCHARGES
When you get promised one rate and charged another, it’s frustrating. When it happens to thousands of customers getting service from the same company all at once, it’s probably a sign of a systematic problem. And one report now says thousands of AT&T and DirecTV customers have been complaining about exactly that for years.
When CBS News went digging, it found more than 4,000 complaints against AT&T and DirecTV (the two merged in 2015) over the last two years relating to overcharges, deals, and promotional pricing gone awry.
If you have been deceived by your cable company, you may be entitled to compensation.
OVERCHARGE CLASS ACTION
Are you getting fleeced on appraisal charges when you buy a house or refinance? Could you be paying as much as double what the appraiser is receiving for actually doing the work, with the excess going to an undisclosed third party? Many appraisers say yes. And they’re eager to let consumers know that when the appraisal charge is $500 or $800 or $1,000, they’re frequently being paid just a fraction of that. The rest is going to an “appraisal management” company under contract with the lender to oversee the appraisal process. Management companies hire the appraiser, negotiate fees, review the appraisal and send it to the lender. Management companies often select appraisers willing to work for relatively low fees. In exchange, they make assignments available to appraisers that they might not otherwise receive. Controversy arises when management companies add 35 to 50 percent surcharges — or more — onto the final bill to the consumer.
Have you been overcharged for goods or services. Call (973) 598-1980 for a
New Jersey Automobile Dealership Investigation
Two New Jersey car dealership have agreed to pay $50,000 to settle claims that they violated New Jersey rules. http://www.nj.gov/oag/newsreleases15/Newton-Audi-VW_Redacted2.pdf. . This claim involved something called packing involves telling the consumer the price of the vehicle and then adding additional costs to the purchase. The dealerships agreed that they would not add additional costs to contracts for car purchases without the customer’s consent. Other typical claims involve,
- Sales of Defective Cars
- Breach of implied or express warranties or service contracts,
- Sales of salvage vehicles,
- bait and switch
Here is a list of dealership where we or other counsel have presented claims, or state records show investigations.*
Sansone Galleria www.njconsumeraffairs.gov/News/Pages/08182017.aspx (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.)
21th Century Auto http://www.njconsumeraffairs.gov/News/Pages/05012018.aspx
Cars on 21 (dealership allegedly engaged in a host of “unconscionable and deceptive business practices,” including “bait and switch” schemes where the business advertised vehicles at low prices and then refused to sell the cars at the advertised prices.)
Call for a Free Consultation to Discuss Your Claim
*The listing is not intended to express a statement about the dealership practice or assert that they been involved in deception in a particular case.
Towing Company Fraud
A New Jersey Court recently allowed a class action for towing company overcharges. If your vehicle has been recently towed, you may be entitled to compensation.
Towing Company Defenses
The towing company argued it was authorized to tow vehicles by the town. The Court rejected the argument,
Here, Pisack is not complaining about the authority of the police to move her illegally parked car. Instead, she complains about certain of the towing charges. The police did not supervise the towing charges. Moreover, the municipal ordinance allowing towing and storage charges does not insulate from challenge a towing company’s actual charges. Indeed, the statute that authorizes municipalities to regulate towing services requires each municipality to provide a dispute resolution procedure, effectively recognizing that towing companies will sometimes overcharge or charge for services hat are not permitted. N.J.S.A. 40:48-2.54. Furthermore, Pisack did not sue Newark. She sued a privately-owned towing company that charged her for towing her car.
If you have been Overcharged by a towing company, Call (973) 598-1980 for a Free Consultation
Unlawful Towing Company Practices
Not all towing is legal – even if you are unlawfully parked. The New Jersey Division of Consumer Affairs helps you understand the Predatory Towing Prevention Act – what towing companies are and aren’t allowed to do.
Has your car been unlawfully towed? You may have options. Call us at the Law Office of Howard Gutman for a free consultation, (973) 598-1980.