Consumer Fraud Claims

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

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

Why Choose Us?

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.
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.
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.
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:

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.
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.
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.

June 11, 2023 0

False Advertising Practices

Couple receiving bad news over phone

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.

January 4, 2019 0

Cablevision and Starz Claims

Broken Air Conditioning

Many customers were promised certain benefits but find they are charged a rate without receiving promised services. Customers have been paying for Starz but not receiving it. The reasons for the dispute have been debated by each side. One media outlet discusses the positions of each,

“Starz and Encore channels went dark on Altice USA cable systems in New York area as the new year dawned and the sides failed to come to terms on a new carriage agreement. Altice said in a statement that Starz refused the MVPD’s efforts to set a short-term contract extension while negotiations continued past the midnight ET deadline. Starz said it remained open to negotiations and blamed Altice for yanking the channels.

Altice USA, which serves about 4.9 million subscribers in the New York area as well as in Midwestern states, maintains that Starz is seeking rate hikes that would force Altice to charge its subscribers more than the cost of Starz’s stand-alone streaming service.

“We are focused on providing the best content experience for our customers and continually evaluate which channels meet their needs and preferences relative to the cost of the programming imposed by content owners,” Altice USA said in a statement. “Given that Starz is available to all consumers directly through Starz’ own over-the-top streaming service, we don’t believe it makes sense to charge all of our customers for Starz programming, particularly when their viewership is declining and the majority of our customers don’t watch Starz.”

Altice emphasized that subscribers who want Starz-Encore can easily access the programming by subscribing to the streaming app directly from Starz. Starz counters that it has been able to set carriage pacts with MVPDs including Verizon Fios and Hulu’s digital channel package service in recent months. Altice is said to have offered to package Starz as an a la carte streaming option with its broadband service.

Starz Channels Go Dark in New York Area Amid Altice USA Contract Fight
Our office is looking at claims and a class action. Call for a Free Consultation

Man in home office on telephone using computer smiling

CALL FOR A FREE CONSULTATION ON YOUR CABLEVISION BILL

January 19, 2018 0

Investigation of Deceptive Pricing :

A New York Times Article said the following,

businessman signing a contract

the Federal Trade Commission is looking into allegations that Amazon misleads customers about its pricing discounts, according to a source close to the probe. The FTC is probing a complaint brought by the advocacy group Consumer Watchdog, which looked at some 1,000 products on Amazon’s website in June and found that Amazon put reference prices, or list prices, on about 46 percent of them.

An analysis found that in 61 percent of products with reference prices, Amazon’s reference prices were higher than it had sold the same product in the previous 90 days, Consumer Watchdog said in a letter to the FTC dated July 6.

The FTC declined comment for this story. It was not known if the agency would open a formal probe into the allegations. Amazon closed up slightly for the day at $1,028.70. Amazon said in a statement that Consumer Watchdog’s study was “deeply flawed.” “The conclusions the Consumer Watchdog group reached are flat out wrong,” Amazon said. “We validate the reference prices provided by manufacturers, vendors and sellers against actual prices recently found across Amazon and other retailers.”

Our office provides a free consultation on deceptive pricing and advertising claims. Call (973) 598-1980.

Man in home office on telephone using computer smiling

July 23, 2017 0

Common Types of False Advertising

Misrepresenting, or assisting others in misrepresenting, expressly or by
implication, any fact material, including:
1. That a good or service is free, a bonus, a gift, a trial, without cost;
2. That a good or service is available for a minimal processing, service,
or administrative fee or without further obligation;
3. That a purchase is “risk free” or offered with a satisfaction guarantee
or money-back guarantee;
4. That the seller is accredited or rated favorably by the Better Business
Bureau;
5. A seller’s affiliation with, or endorsement or sponsorship by, any
person or entity;
6. The amount that a consumer’s credit or debit card will be charged
and the timing of the charge(s);
7. That a transaction has been authorized by a consumer;
8. The dates that any limited time sales offer begins and ends;
9. The requirements or terms of the seller’s refund or cancellation
policies;
10. The identity of the seller, including the seller’s name, physical
address, and customer service telephone number;
11. Disclosing, using, or benefitting from customer information, including the
name, address, telephone number, email address, Social Security number, other
identifying information, or any data that enables access to a customer’s account
(including a credit card, bank account, or other financial account)

FREE CONSULTATION ON YOUR FALSE ADVERTISING CLAIM

October 21, 2016 0

False Advertising Frequently Asked Auestions

Here are some common questions people ask about false advertising.

Is false advertising illegal in the US?

Yes. There are various state and federal laws that punish false advertising. The New Jersey Consumer Fraud Act. prohibits, deception, fraud, false pretense, false promise, misrepresentation, or the knowing, concealment, suppression, or omission of any material fact in connection with the sale or advertisement of any merchandise. N.J.S.A.: 56:8-2, http://co.hunterdon.nj.us/pdf/consumeraffairs/consumerfraudact.pdf. New York has a separate false advertising law as do most states.

Can you sue a company for false advertising and if so how?

An individual can file a claim for compensation, or report the misleading advertisement to a state or federal agency. This office handle misleading automobile and other types of advertising.

What agencies are is in charge of enforcing truth in advertising laws?

In New York, that is the Division of Consumer Protection, in New Jersey, the Division of Consumer Affairs. http://www.dos.ny.gov/consumerprotection

What is the definition of False Advertising

There are several issues with false advertising. First, are the claims misleading. Secondly, are disclaimers and limitations fairly presented. Third, are there specific laws or regulations violated.

FREE CONSULTATION ON YOUR FALSE ADVERTISING CLAIM (973)598-1980

October 21, 2016 0

False of Misleading Advertising

Call (973) 598-1980 for a Free Consultation on Your False Advertising Claim

There are a number of laws that protect consumers from false advertising. The New Jersey Consumer Fraud Act broadly prohibits fraud and deceptive practices and in appropriate cases, legal fees and added damages can be recovered. There are specific regulations dealing with automobile advertising. Additionally, the FTC has rules though they are enforced by the FTC, not private persons. Their rules are informative and courts may rely upon them for a statement of standards. For example, many advertisements try to hide disclaimers and limitations, which has been condemned.

1. Display
“Clear and conspicuous” means that a required disclosure is difficult to
miss (i.e., easily noticeable) and easily understandable by ordinary consumers,
including in all of the following ways:
1. In any communication that is solely visual or solely audible, the
disclosure must be made through the same means through which the
communication is presented. In any communication made through both visual and
audible means, such as a television advertisement, the disclosure must be
presented simultaneously in both the visual and audible portions of the
communication even if the representation requiring the disclosure is made in only
one means.
2. A visual disclosure, by its size, contrast, location, the length of time it
appears, and other characteristics, must stand out from any accompanying text or
other visual elements so that it is easily noticed, read, and understood.
3. An audible disclosure, including by telephone or streaming video,
must be delivered in a volume, speed, and cadence sufficient for ordinary
consumers to easily hear and understand it. See http://www.ftc.gov/news-events/media-resources/truth-advertisingftc.gov

Call (973) 598-1980 for a Free Consultation on Your False Advertising Claim

October 21, 2016 0

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