OVERCHARGE CLASS ACTION

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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
Free Consultation

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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.  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,

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  • 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.)
    Loman Ford
    Autoland
    21th Century Auto  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

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This is my third call, can I speak with someone about my purchase.  .

 

 

 

*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.

 

 

 

Failure to Disclose Prior Lemon

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What happens if a car is declared a lemon.  Many consumers do not realize the vehicle can be resold.  Claims may be fraud

  1. Failure to comply with the Disclosure Statute 

    417-a. Mandatory disclosures by sellers prior to resale. (New York State Consolidated Laws : Vehicle & Traffic)

Some dealers violate the disclosure law which says the following

“Certificate of prior nonconformity by manufacturer or dealer. Upon the sale or transfer of title by a manufacturer, its agent or any dealer of any second-hand motor vehicle, previously returned to a manufacturer or dealer for nonconformity to its warranty or after final determination,  the manufacturer or dealer shall execute and deliver to the buyer an instrument in writing in a form prescribed by the commissioner setting forth the following information in ten point, all capital type:
“IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER OR DEALER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY AND THE DEFECT OR CONDITION WAS NOT FIXED WITHIN A REASONABLE TIME AS PROVIDED BYNEW YORK LAW.” Such notice that a vehicle was returned to the manufacturer or dealer because it did not conform to its warranty shall also be conspicuously printed on the motor vehicle`s certificate of title.
Private Remedy. A consumer injured by a violation of this section may bring an action to recover damages. Judgment may be entered for three times the actual damages suffered by a consumer or one hundred dollars, whichever is greater. A court also may award reasonable attorneys` fees to a prevailing plaintiff buyer.”

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A popular fraud in New York is to prepare the required disclosure, but not give the consumer a copy or even forge his name.
See our presentation under the lemon law.

2. Breach of warranty

The disclosure suggests the problem has been corrected but sometimes vehicle problems persist.  Then a claim may be filed.

3. New York Deceptive Practices Statute

Finally a claim can be filed for violation of the New York Deceptive Practices Statute.

Free Consultation on Your New York or New Jersey Undisclosed Lemon and Fraud Claim,  Call (973) 598-1980 

New York Deceptive Practices Statute: Cases, Commentary, and Claims

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New York has a law that prohibits fraud and deception.  This law can provide remedies for deception, fraud, false advertising or other unlawful conduct.  There are unfortunately limits and the New York law is one of the weakest in the nation.  The law and commentary.

§ 349. Deceptive acts and practices unlawful.

a) Deceptive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service in this state are hereby declared unlawful.

b) Whenever the attorney general shall believe from evidence satisfactory to him that any person, firm, corporation or association or agent or employee thereof has engaged in or is about to engage in any of the acts or practices stated to be unlawful he may bring an action in the name and on behalf of the people of the state of New York to enjoin such unlawful acts or practices and to obtain restitution of any moneys or property obtained directly or indirectly by any such unlawful acts or practices. ..

g) This section shall apply to all deceptive acts or practices declared to be unlawful, whether or not subject to any other law of this state, and shall not supersede, amend or repeal any other law of this state under which the attorney general is authorized to take any action or conduct any inquiry.

h) In addition to the right of action granted to the attorney general pursuant to this section, any person who has been injured by reason of any violation of this section may bring an action in his own name to enjoin such unlawful act or practice, an action to recover his actual damages or fifty dollars, whichever is greater, or both such actions.

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The law continues,

“The court may, in its discretion, increase the award of damages to an amount not to exceed three times the actual damages up to one thousand dollars, if the court finds the defendant willfully or knowingly violated this section. The court may award reasonable attorney’s fees to a prevailing plaintiff.”   Thus, the question is sometimes whether a deliberate violation has been shown.  Automatic or statutory damages are limited so the consumer must establish the amount of his loss of damages.

One can  compare the stronger New Jersey Consumer Fraud Act.    Tripling occurs when a violation is found, not when the court decides in its discretion.   Additionally the award of legal fees is discretionary in New York, when other states provides for the recovery though the court may evaluate the amount

Call (973) 598-1980 for a Free Consultation on your New York Deceptive Practices Claim

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AGING CREAM FRAUD

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A number of complaints have been made about aging cream products, ranging from exaggerated claims to unauthorized or fraudulent charges.  One consumer wrote, this Aging Cream  is a SCAM! i want everyone to know! You are supposed to just pay for the shipping charges only, but they set your card to charge you a monthly service charge of $89.71 ! I never received any receipts or confirmation of the shipping but then I was charged $89.71. I was told that this was a product charge concluding my 2 week trial period.

 

Call (973) 598-1980 for a Free Consultation on Aging Cream Claims

 

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NEW YORK FILES CLAIMS AGAINST MAJOR WORLD

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A Channel 4 I-Team report states,  New York City Sues Car Dealer After Accusations of Loan Fraud.  www.nbcnewyork.com/news/local/Auto-Loan-Fraud-Subprime-Lawsuit-Major-World-Car-Dealer-New-York-City-Consumer-Affairs-Sue-421622913.html

The story relates claim of deception in Major World sales and financing.  Consumers who have been victims of deception may have legal claims.  Call (973) 598-1980 for a free consultation on your Major World consumer fraud claim

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Medical Billing Fraud

Medical bill fraud has victims and can occur in a variety of ways.

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1. Code Misrepresentation

The physician performs service A, but submits a bill for more expensive procedure B, or A and B.

2. Fraudulent Observation or Cloning

More elaborately, a false set of observations or other materials is provided, sometimes from another patient.  Indeed, a computer may even compile a set of false information for electronic filing.

“Electronic health records (EHRs) replace traditional paper medical records with
computerized recordkeeping to document and store patient health information. Experts in  health information technology caution that EHR technology can make it easier to commit fraud. For example, certain EHR technology features may be used to mask true
authorship of the medical record and distort information to inflate health care claims.
The transition from paper records to EHRs may present new vulnerabilities and require the Centers for Medicare & Medicaid Services (CMS) and its contractors to adjust their
techniques for identifying improper payments and investigating fraud. ”
https://oig.hhs.gov/oei/reports/oei-01-11-00571.pdf

According to the government report, frauds may be more difficult to detect with electronic billing,

“Electronic health records (EHRs) replace traditional paper medical records with
computerized recordkeeping to document and store patient health information. Experts in health information technology caution that EHR technology can make it easier to commit fraud. For example, certain EHR technology features may be used to mask true
authorship of the medical record and distort information to inflate health care claims.
The transition from paper records to EHRs may present new vulnerabilities and require
the Centers for Medicare & Medicaid Services (CMS) and its contractors to adjust their
techniques for identifying improper payments and investigating fraud. ”

 

CALL (973) 598-1980 FOR A FREE CONSULTATION ON YOUR MEDICAL BILLING FRAUD CLAIM .  CONFIDENTIAL INQUIRIES WELCOME

 

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ANTI-AGING SKIN CREAM

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Our office is looking into deception and fraud claims involving anti-aging skin cream.  http://e-tvonline.com/wedding/luxurious/report.php  Some promote impressive results in a short time and celebrity endorsements.  However, some companies have reported complaints including unexpected charges.

We provide a free consultation to discuss your rights and remedies.

*the picture displayed above is not from the company.

Cash for Gold Fraud

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The Division of Consumer Affairs found extensive fraud in the cash for gold business.

the urban crackdown resulted in nearly 10,000 citations for alleged, civil violations of State consumer protection laws at 71 jewelry stores, pawn shops, and other locations.  In addition, officers confiscated 35 scales that were of types not approved for cash-for-gold transactions, or were not registered with the Office of Weights and Measures.

“This Urban Cash-For-Gold task force covered northern, central, and southern New Jersey, to ensure all consumers are protected when they sell their jewelry,” Acting Attorney General John J. Hoffman said.  “The fact that our officers confiscated the scales used in nearly half of these stores demonstrates the great need to ensure these consumers are not cheated.”  http://www.njconsumeraffairs.gov/News/Pages/12182014.aspx

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