Tag: claim

Cablevision Class Action Settlement

Have you had problems with billing, advertising or service with Cablevision.  Our office is evaluating a class action and other relief based upon the company’s failure to compensate consumers for the loss of promised services.

Cablevision previously resolved a class action dealing with its video services.  The Settlement Class includes all persons in New Jersey, Connecticut and New York who subscribed to Cablevision’s video services and paid a monthly fee to Cablevision to lease a Set-Top Box.  The settlement provided, a one-time credit, several  months of Starz/Encore, including Starz on Demand and Encore on Demand. We offer a free consultation to discuss your options.

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Suing for Towing Abuses

Yes, you may have remedies when you have been unlawfully towed.  Here are just a couple unlawful practices outlined in the New Jersey Predatory Towing Act.

1. Trolling by Dishonest Towing Company

A towing company sees a car illegally parked and tows it.  That is unlawful unless the towing company has a contract with the business establishment. “No person shall tow any motor vehicle parked for an unauthorized purpose or during a time at
which such parking is not permitted from any privately owned parking lot, from other private property or from any common driveway without the consent of the motor vehicle owner or operator, unless:

(1) the person shall have entered into a contract for private property towing with the owner.

2. Required Sign

The law requires,

(1) there is posted in a conspicuous place at all vehicular entrances to the property which can easily be seen by the public, a sign no smaller than 36 inches high and 36 inches wide stating:

(a) the purpose or purposes for which parking is authorized and the times during which such parking is permitted;

(b) that unauthorized parking is prohibited and unauthorized motor vehicles will be towed at the owner’s expense;

(c) the name, address, and telephone number of the towing company that will perform the towing;

If your vehicle has been unlawfully towed you may have grounds to contest the fees.  Call us at (973) 598-1980 for a free consultation on your claim.

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Deceptive Billing Practices

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Many consumers find that businesses have charged more than promised.  Calls may result in evasive or unresponsive answers.  Our office handled such claims on class and individual basis, seeking to obtain reimbursement or damages and prevent fraud.
One consumer publication summarizes the law:

“Unscrupulous businesses can increase their income by concealing unauthorized charges amid legitimate charges in their bills.  Many consumers will trust the company to bill properly, and pay the bill without questioning its amount. Billing for charges is
{sometimes} an implicit representation that the creditor is lawfully entitled to the charges.  Including incorrect charges in a bill is a UDAP violation.  Billing charges to a credit card without the consumer’s consent is unfair and deceptive.  Mislabeling a fee on a bill in order to disguise its nature or suggest that it is required by the government can be  deceptive. ”

https://library.nclc.org  5.7.7 Deceptive Billing Practices.

Demanding payment for a phony service may be an unfair act and violation of state deceptive practice or consumer fraud laws.  a UDAP violation.  A number of courts have recognized that purporting to charge a consumer for a tax that the seller does not in fact pass on to the taxing authority is deceptive, but some courts have held that under state law the consumer’s only claim is against the taxing authority. Stating an earlier due date than the actual deadline, in order to obtain premature payments and earn interest on them, may be deceptive.  But a California court held that it was not a UDAP violation for a hospital to bill a patient without disclosing that it provided a discount for prompt payment.
https://library.nclc.org  5.7.7 Deceptive Billing Practices.

Cases and circumstances may vary.

CALL (973) 598-1980 for a Free Consultation on your Deceptive Billing Practices Claim

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TOWING OVERCHARGES CLASS ACTION

 

Tow signMan in home office on telephone using computer smiling

A number of cities have found overcharges by towing companies.    Here is a report from an Ohio investigation.

“It sparked outrage from consumers, so they turned to 10TV to help. Now, a resolution to a towing overcharge case that could impact thousands of central Ohioans. For years, towing companies in Ohio charged customers additional fees for tows and storage costs.  However, it may have gone for even longer, attorneys say, if not for some fed up consumers who felt they were being ripped off. “They had to be stopped,” says consumer Bill McCartney.  “Hit them in their pocket books.”

 

Under Ohio law, the rate a towing company can charge is set by statute and can’t be increased unless lawmakers allow it.  So when consumers noticed their towing bill was more than the standard $90 tow, they joined a class action lawsuit claiming they were over-billed. On Tuesday, a settlement was reached between two of Columbus’ largest towing companies: Shamrock Towing and Camcar Towing. ..

 

Under a settlement, the towing companies will have to payback consumers.  Now, anyone whose car was towed between September 2008 and July 2014 qualifies – if their tow exceeded $90 and the $12 a day storage fee.” 10TV.com. 

Our office is investigating claims of towing overcharge.   Call for a free consultation.

 

 

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Utility and Advertising Overcharges,

Have you been promised one price in an advertisement or solicitation and found that you have been charged significantly more.  Our office is handling claims involving Verizon, cable companies and other entities.   Have you been solicited by a telemarketer for a promising plan, but found something different when you signed.

telemarket

Call (973) 598-1980 for a Free Consultation.

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9 Speed Transmission Recall

businessman signing a contract

There have been multiple recalls, service bulletins, and  changes in the 9 speed transmission to address serious problems.

Jeep and Land Rover showed the first nine-speed  automatic transmissions of the world  at the 2013 Nobel Geneva Motor Show  with the  Jeep Cherokee 2014 the first nine-speed automatic transmission commercially available.  

1. Recall

Automotive supplier ZF is recalling a control sensor found on nine-speed automatic transmissions used in over 500,000 vehicles. Fiat Chrysler, Honda and Land Rover models are affected.   The transmission can shift into neutral at any speed or gear because of an insufficient crimp on a wiring harness attached to the sensor cluster. Models affected include the 2014-16 Jeep Cherokee, 2015-16 Jeep Renegade, 2015-17 Chrysler 200, 2015-16 RAM ProMaster City, 2016 Fiat 500X, 2014-17 Range Rover Evoque, 2015-17 Land Rover Discovery, 2015-17 Acura TLX (V6) and certain trims of the 2015-16 Honda Pilot.

http://autoweek.com/article/recalls/zf-recalls-505000-vehicles-9-speed-automatic#ixzz4TrS6VF7c

FREE CONSULATION ON YOUR ZF 9 SPEED TRANSMISSION PROBLEM 
CALL (973) 598-1980

2. Software Changes and Updates

A Feb. 2015 story explains.

Now the automaker is offering a solution by way of software updates. The reprogramming of vehicle computers is said to cure issues of “hard shifts, lunging, unexpected disengagement of the transmission, and repeated illumination of malfunction lights.” Those complaints come directly from customers filing reports on the safecar.gov website.

FCA U.S. will begin to notify owners of 2014 and 2015 Jeep Cherokees along with owners of some 2015 Chrysler 200s powered by the 2.4-liter four-cylinder that the reprogrammed software is available at dealerships. In an interview with Automotive News, an FCA U.S. spokeswoman said the updated transmission software is “intended to keep the vehicle performing as intended, and to prevent durability issues from occurring in the future.”

This is hardly the first issue  had with the nine-speed unit. The Cherokee’s original launch was delayed three months. http://www.topspeed.com/trucks/truck-news/jeep-cherokee-gets-software-update-for-problems-with-the-nine-speed-automatic-transmission-ar167506.html

 

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Gmc Yukon Transmission Problems

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FREE CONSULTATION ON YOUR GMC YUKON TRANSMISSION PROBLEMS

Keywords 2015 GMC Yukon defects, GMC Yukon complaints, GMC Yukon lemon law, recall, class action.

Owners of the GMC Yukon have complained of multiple transmission problems.  These issues include:

Hesitation, Car Switches In 4wd And Does Not Allow For Safe Turns, Vibration From Transmission, Leaking Transmission Cooler Lines, Shifts Random To Neutral, Slips From Park Into Neutral.  See Carcomplaints.com

Here is a typical complaint,

Issue Reported: Oct 07, 2014

Vehicle: 2015 GMC Yukon

NHTSA: Action Number: 1116072 Service Bulletin Number: 10643049

Component: service brakes

Summary: I have a brand new 2015 yukon denali (short wheel base) with less than a thousand miles and a “service 4wd” message that has appeared twice rendering the car extremely unsafe and un-drivable for a long distance and having to have it towed to the dealer twice. A software update was done on the car the first time, only resolved the issue for a few weeks, the issue re-occurred after 3 weeks. When turning the vehicle on the dash gives the message “service 4wd”. The car has a transmission button to change from 2wd, auto, 4 high and 4 low. I do not touch this button, i just leave the car in auto and drive. I do not tow anything, this is just a family car used for commuting. When the “service 4wd’ message appears, the car is barely drivable. When it is put in reverse, the car just brakes after a few feet, as if the parking brake were on, but it obvious is not engaged. When turning left or right, the car brakes mid-turn and will only complete the turn if 3/4 to full accelerator is applied to continue through the turn. The car slightly bucks through the turn and the engine sounds different and has little power going around corners and going up hills. The car cannot safely be driven in a straight line faster than 40-50 mph. I telephoned onstar and diagnostics were run during both occurrences with the same error message from onstar diagnostics: “the braking system has an issue- transfer case module not working as expected”. When will gm issue a recall on this safety issue, i do not feel safe letting my wife and child in the car if it brakes by itself, loses power and cannot complete turns. I purchased this car to have a safe/large vehicle for my family: service 4wd appears on screen it renders the car un-drivable and the transmission button becomes inoperable and selecting other transmission modes becomes not possible.

 

 

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Chevrolet Silverado Truck Vibration

Lemon law claims lady

2015 Chevrolet Silverado trucks have a vibration problem.  The trucks are 6-cylinders, and some suggest a feature called “active fuel management” caused the engine to run erratically on 4 cylinders to achieve  fuel efficiency.    GM has issued service bulletins on the subject, including “PI1354C: Information on Vibration Analysis and Diagnostic” and PIP5228A.  We have set forth reports filed with the National Highway Traffic Safety Administration (NHTSA) about the problem.

NHTSA Complaints

1. Vehicle Identification No. (VIN):  3GCUKREH4FG…

THE TRUCKS HAVE A VIBRATION THAT IS FELT IN THE STEERING WHEEL, FLOOR, SEATS, ACCELERATOR AND BRAKE PEDALS ETC. WHILE DRIVING. THE MAJOR CONSENSUS IT THAT THE WORST SPEED IT 76 MPH, YET IT IS FELT TO A LESSER DEGREE AT ANY SPEEDS, WITH SOME BEING WORSE THAN OTHERS. THERE ARE A LARGE NUMBER OF TRUCKS WITH THIS ISSUE, YET GENERAL MOTORS REFUSES TO DO ANYTHING ABOUT IT. 


2.  Vehicle Identification No. (VIN): 3GCUKTEC2FG…

I PURCHASED A BRAND NEW 2015 SILVERADEO ON 7/24/15 AND AT ABOUT 700 MILES OR SO I NOTICED A BAD VIBRATION AS THE TRUCK WAS IN MOTION, ALL 4 TIRE’S WERE OUT OF BALANCE, WHICH I PAID FOR OUT OF POCKET MYSELF NOT GM…. THIS DIDNOT FIX THE PROBLEM OF THE SEVERE VIBRATION GOING DOWN THE ROAD. I THEN TOOK THE TRUCK TO ANOTHER DEALER FOR THE VIBRATION, THEY TEST DROVE IT AND CONFIRMED THE VIBRATION, DID A ROAD FORCE BALANCE ON ALL 4 WHEELS, THEN REPLACED ALL TIRE’S, THIS ALSO HAS NOT FIXED THE PROBLEM,THE TRUCK IS STILL VIBRATING, THE ENTIRE SEAT JUST SHAKES, I AM PRESENTLY WAITING ON ANOTHER APPOINTMENT WITH DEALER. THE SERVICE MANAGER TOLD ME HIMSELF AFTER REPLACING ALL 4 TIRE’S THAT IT FELT LIKE A BALANCE ISSUE INSIDE THE MOTOR WHICH THERE IS NO FIX, NOW THAT IS CRAZY…I FELL THAT THIS TRUCK SHOULD BE REPLACED OR MY MONEY BACK ENTIRELY.THE TRUCK ONLY HAS A LITTLE OVER 2000 MILES CAUSE IT MAKES ME SICK TO DRIVE IT….

 

3.  Vehicle Identification No. (VIN): 1GC1KXE83FF…

HAS A VIBRATION AT 65, TURNS INTO A BAD SHAKE AT 75.

 

What You Can Do

If these reports of vibration sound familiar, you may have options under lemon law or other claims.  The Law Office of Howard Gutman has been handling defective vehicle claims for over 30 years.  Call (973) 598-1980 for a free consultation.  Most claims handled on contingency with no payment required unless we secure a settlement.

 

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Call (973) 598-1980, or cellphone for urgent calls, (973) 479-3185,
Email HowardGutman@aol.com

 

 

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Nissan Leaf Brake Malfunctions

Owners of the Nissan Leaf are experiencing brake problems and malfunctions. The Canadian government is investigating possible brake failure issues with the Nissan Leaf on the 2013-15 models. Here are some typical complaints reported to the NHTSA

Date Complaint Filed: 03/13/2015
Component(s): SERVICE BRAKES Date of Incident: 03/06/2015
NHTSA ID Number: 10694165

Manufacturer: Nissan North America, Inc. Leaf
Vehicle Identification No. (VIN): 1FMYU03171K…

SUMMARY:
THERE IS AN ONGOING ISSUE WITH THE LEAF’S BRAKES GRABBING TO QUICKLY WHEN AT LOW SPEEDS AND APPROACHING A STOP DURING COLD CONDITIONS. IT CAUSES THE CAR TO JERK. IT ALSO CREATES AN ISSUE WITH THE TRAFFIC BEHIND US AS THERE HAVE BEEN SEVERAL TIMES WHEN THE VEHICLES BEHIND ALMOST CRASH INTO US AS THEY DO NOT EXPECT THE CAR TO BREAK SO SUDDENLY.

Date Complaint Filed: 02/23/2015
Component(s): SERVICE BRAKES Date of Incident: 02/23/2015
NHTSA ID Number: 10689960
Manufacturer: Nissan North America, Inc.
Vehicle Identification No. (VIN): 1N4AZ0CP3DC…

SUMMARY:
BAKING CAR OUT OF PARKING SPACE BREAK LIGHT CAME ON. SHIFTED TO DRIVE AND STARTED MOVING FORWARD. BREAKS DID NOT FUNCTION. ROLLED CAR INTO ANOTHER PARKING SPACE AND HAD TOWED. ALL HAPPENED AT LOW SPEED WITHOUT ANY OTHER TRAFFIC BUT THIS COULD HAVE BEEN VERY DANGEROUS. FAILURE WAS CATASTROPHIC SUDDEN AND ESSENTIALLY COMPLETE. THERE MAY HAVE BEEN SOME MINIMAL BREAK FUNCTION BUT NOT ENOUGH TO STOP THE CAR SAFELY FROM ANY SPEED BEYOND 1MPH

Date Complaint Filed: 12/02/2014
Component(s): AIR BAGS Date of Incident: 12/01/2014
NHTSA ID Number: 10661541
Manufacturer: Nissan North America, Inc.
Vehicle Identification No. (VIN): 1N4AZ0CP5DC…

SUMMARY:
WHILE DRIVING, THE RIGHT FRONT AIRBAG LIGHT ACTIVATED, INDICATING THAT THE AIRBAG WAS OFF. THIS OCCURRED AND CONTINUES TO OCCUR, REGARDLESS OF THE PASSENGER’S WEIGHT, OR THE ABSENCE OF A PASSENGER. NISSAN SERVICED THE VEHICLE ONCE BEFORE WITH A “SOFTWARE UPDATE” THAT DID NOTHING TO CORRECT THIS VERY SERIOUS DEFECT. HOW MANY VICTIMS NEED TO DIE OR BECOME CRIPPLED BEFORE THIS IS CORRECTED?

Date Complaint Filed: 11/14/2014
Component(s): SUSPENSION Date of Incident: 10/17/2014
NHTSA ID Number: 10654952

Manufacturer: Nissan North America, Inc.
Vehicle Identification No. (VIN): 1N4AZ0CP6DC…

SUMMARY:
VEHICLE WAS BEING DRIVEN BETWEEN 25-30 MPH WHEN THERE WAS A “POP”, VEHICLE JERKED TO THE RIGHT CAUSING IT TO HIT CURB (CRASH) AND DEPLOY TOP CURTAIN AND RIGHT DOOR AIRBAG. VEHICLE WAS TOWED INTO TO NISSAN DEALERSHIP, INSPECTED BY THE DEALERSHIP, AND RE-INSPECTED BY NISSAN NORTH AMERICA OVER THE PAST 30 DAYS. RIGHT FRONT TIRE WAS PERPENDICULAR TO CAR AND DEFECT WITH TIE ROD / SUSPENSION IS OUR EXPRESSED CONCERN.

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Chrysler SUV Stalling Recall

Chrysler is recalling over 467,000 SUVs because of fuel pump relay problems. Owners who experienced problems may be entitled to compensation. The condition may cause the SUVs to fail to start or could cause engine stall.

Chrysler acknowledges that the 2012-2013 Dodge Durangos and 2011 Jeep Grand Cherokees may new fuel pump relay circuits. Those circuits are located inside the totally integrated power modules (TIPM) which have caused a previous recall of Durango and Grand Cherokee SUVs. Several claims have been filed regarding the TIPM Module. Chrysler admitted a pattern of repairs to deformed fuel pump relay circuits that caused the Durangos and Jeep Grand Cherokees to have difficulty in starting. Chrysler denies any accidents or injuries related to the defect.

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