Consumer Protection

Consumer protection is a broad term used to describe the enforcement of laws designed to prohibit unfair or deceptive business practices, perpetrated by companies obtaining financial advantage at the expense of consumers. False advertising, bait and switch marketing, unconscionable pricing, and charging for services never provided are some of the many unfair and deceptive practices businesses use to defraud consumers. These deceptive business practices distort the marketplace by allowing dishonest businesses to gain an unfair advantage over ethical competitors. State and federal laws, however, provide consumers protection from unfair and illegal business practices. These laws are designed to protect the rights of consumers, ensure fair competition, and allow for a free flow of accurate information in the marketplace.

The enforcement of consumer protection laws often takes place through consumer class action litigation. When one individual suffers harm due to a company’s practice, the individual’s damage is often too small of an amount to bring a claim individually. In a consumer class action lawsuit, however, the claims of all individuals who suffered the same harm can be aggregated. Moreover, a class action may deter unscrupulous companies from future wrongdoing. We are experienced with the particular procedural issues that arise in class action litigation, and prepared to zealously advocate on behalf of our clients.

Consumer rights are violated when a company or its representative employs high-pressure or deceptive sales tactics, misrepresents or lies about the capabilities, functioning, or quality of a product or service, offers one product but delivers another (called “bait and switch”), uses fine print to defraud consumers, improperly bills for a product or service, offers a defective product, and more. This list is by no means exhaustive. Even if your particular case is not described above, Willett & Willett, LLP can make sure your rights are protected.

The best way to protect your interests is to seek early advice of a qualified consumer protection attorney. If you suspect you have been defrauded, it is likely others have been similarly aggrieved. By speaking with an attorney, you can get answers to your questions and determine the best way to exercise your legal rights. It will cost you nothing to speak with an attorney in order to determine your legal rights and a proper course of action. We work on a contingency fee basis, meaning if you do participate in a lawsuit, it will cost you nothing until the firm successfully resolves your case.

Willett & Willett LLP represents consumers in a variety of consumer protection actions for matters such as:

• False Advertising – Consumer fraud in the form of false advertising occurs when a business makes untruthful claims about the capabilities or effectiveness of their products. Whether it occurs on labeling or advertisements, consumers are led to believe something about a product that simply is not true.  False advertising and consumer fraud may also occur when a business advertises a product or service that it does not have, or does not intend to obtain, as a way to lure the consumer to the business.  High pressure sales tactics are then often used to convince the consumer to purchase a more expensive alternative. If you purchased a product or service because of an advertising claim that is false or misleading, you have been deceived. At Willett & Willett, LLP, we represent classes of individuals who have suffered financial injury due to:
  • False or misleading claims
  • Fraudulent rebates
  • Inflated price comparisons
  • Bait and switch tactics

  These are only several examples of false advertising. Whether or not you paid a large financial price is less important than the collective harm being committed by the company. Companies should be stopped from duping consumers into believing untruths.

• Unfair Business Practices – Claims arise for unfair competition or deceptive trade practices when a company employs deceitful methods or misrepresentation to accrue business. An unfair business practice may be as simple as a company violating the terms of its warranty. Other examples include when a cell phone company conceals facts about the cellular device, or when a retail store misleads you about the price of a product.  Unfortunately, these practices are widespread and impact thousands of consumers. When companies cut corners in order to increase their bottom line, they are actively deceiving customers. These entities must be held responsible for cheating consumers.

• Hidden or Undisclosed Fees – Companies are to deal fairly and honestly with you regarding any fees and charges that will apply to you.  Far too often, companies bury fees and thereby victimize hundreds, if not thousands, of consumers.  Willett & Willett, LLP holds companies responsible when they use hidden fees to pad their bottom line.
  • Has your credit card assessed a fee which appears improper?
  • Does your utility bill include charges for undisclosed or hidden fees?
  • Is your insurance company charging you more than they promised?
  • Were you charged an undisclosed fee for a rental car, hotel room, or credit card?

  Despite the fact that hidden fees and undisclosed charges are incredibly common, many people are either unaware that they exist, think the amounts they were charged are too small to pursue, or believe that  nothing can be done to combat them. If you have been victimized by hidden fees or undisclosed charges by a credit card company, bank, hotel, rental car company, real estate broker, or other business, contact us to evaluate your claim.

• Data Breaches of Private Information – In today’s technical world, many companies collect sensitive personal and financial data from their customers. As a result, companies have a duty to protect that sensitive data. Nevertheless, data breaches occur where private information such as social security numbers, bank account information, or credit card information is released. Over the last several decades, numerous state and federal privacy laws were enacted and updated in response to new technology, products, and data storage capacities.  While these laws have varying focuses, they all protect against unauthorized use or receipt of private records. Further, many laws allow consumers to file privacy lawsuits to hold companies accountable when they collect or use information unlawfully. Willett & Willett, LLP litigates a wide range of privacy issues. These matters involve cutting-edge issues and new laws designed to protect against privacy breaches in our digital age. Whether a company is improperly using personal records for profit, failing to safeguard data, or otherwise breaching its obligations, we may be able to help.  Our firm represents victims of privacy violations involving:
  • Data Breach
  • Cell Phone Privacy
  • Financial Privacy
  • Computer Privacy

  The attorneys at Willett & Willett, LLP help consumers protect their rights to privacy when breaches occur and diminish the risk of identity theft.

• Defective Products – At one time or another, the majority of consumers find themselves in the position where they paid for a product that does not turn out to be what it was supposed to be. Although this is a common occurrence, the law provides protection for consumers who find themselves in this situation. When products do not work, are unreasonably dangerous, or do not live up to what a company has said about them, you may be able to file a class action lawsuit and recover financial damages for your financial injuries. Willett & Willett, LLP investigates and prosecutes consumer complaints involving defective products. We represent individuals and classes of consumers who have been harmed by false representations, unfulfilled warranties, and products that were misrepresented. Often times, manufacturers even know their products will not perform as represented. They conceal material information about their products to increase revenue. Concealment of material information from purchasers can also be the basis of a consumer claim. A defective product class action is a tool to hold corporations accountable by requiring them to remedy a defect, extend warranties, and refund consumers. These cases are brought on behalf of a group suffering economic damages, and not to recover damages for physical injury, pain and suffering or other unique harm. If you purchased a product and it was defective, you may be eligible to bring a class action against the manufacturer, distributor and/or retailer, on behalf of a class of purchasers. We would like to learn of your experience.

If you believe a company has wrongfully taken advantage of you, it is important to consult with an attorney who knows consumer protection law and can help you determine whether your rights have been violated. The lawyers at Willett & Willett, LLP understand the need to put a stop to unfair business practices and regulate businesses that infringe on consumers’ rights. If you have been the victim of fraud or wrongdoing by a business, corporation, or organization, you are not powerless. Please contact us today at (310) 601-7120 to schedule an appointment for a free consultation to assess your case.