Consumer Rights
Ever purchase a car that broke down shortly after purchase? Or bought a product that was defective? Or made a purchase based on representations that the product was of a certain character or quality, and that representation turned out to be false? As consumers – individual purchases of products and services – we all have rights. We have the right to truthful information. We have the right to get what we pay for. And we have the right to rely on representations of others in making purchases – and can hold those that lie or make false representations responsible.
Consumer and debtor rights cases may involve contractual claims or personal injury claims. Breach of contract is different than a “tort” or personal injury. Contracts are agreements between parties to perform in a certain way based on defined obligations. When those obligations are not met, or the performance is not carried out, there is a breach. Similarly, manufacturers, retailers, and sellers may breach warranties and/or the covenant of good faith and fair dealing inherent in every contract. In other words, a party to a contract has to act in good faith, otherwise there may be a separate claim. We prosecute consumer claims on all theories, based upon individual facts, and utilize all laws available to us in maximizing these claims, including the Consumer Legal Remedies Act (“CLRA”) and Unfair and Deceptive Practices laws.
If you are on the other side and not able to meet an obligation such as, for example, paying a bill on time, you also have debtor rights. There may or may not be a breach, but creditors cannot harass you in an attempt to collect a debt. They cannot contact you when they know you are represented by an attorney, and they cannot lie, cheat, or steal in order to get paid. There are state and federal protections for this type of abuse. Remedies are severe, including attorney’s fees, statutory remedies, and actual damages.
If you have been abused, harassed, or taken advantage of as a consumer, contact our offices. We can and will protect you, and will protect your rights and enforce the legal obligations of others.
Lemon Law
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Creditor Lawsuit Defense
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Creditor Harassment
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Fair Debt Collections
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Breach of Contract / Warranty
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Unfair & Deceptive Practices
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CLRA Claims
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