Consumer Protection Lawsuits in Ohio
Tittle & Perlmuter was formed to protect the people from the powerful – protecting consumers from illegal scams is part of that goal. There are two distinct areas of law that Tittle & Perlmuter has experience in handling: 1) claims involving spot delivery or yo-yo scams; and 2) claims against contractors relating to Ohio Consumer Sales and Practices Act and Home Solicitation Act.
Spot Delivery or Yo-Yo Scams
Buying a car can be a nerve-racking experience – you want to make sure you are paying a fair price for a car that is in good working order. The last thing on a consumer’s mind is whether the salesperson is trying to swindle them by using a spot delivery or yo-yo scam. The scam usually works like this: You pick out the car you want, sign some paperwork, perhaps give a down payment or a trade in, and drive off the sales lot thinking you are the proud owner of a new vehicle. In other words, you received the new car immediately.
A few days or weeks later, you get a call from the dealer, who tells you that “there was something wrong with your credit,” and you need to come in immediately to sign additional paperwork. Once you come into the dealership, the salesperson tells you that your financing fell through for some reason, and you have do any of the following things: 1) make an additional down payment; 2) agree to a loan at a higher interest rate, which would create a higher monthly payment; 3) agree to obtain a co-signer; and/or 4) agree to a combination of 1-3. If you refuse to agree to the new “deal,” the dealer may tell you that you don’t have a right to keep the car, threaten to repossess it, threaten to call the police and report the car as stolen, or have you come back to the dealership and make you wait for hours to wear you down. Even worse, if you say you would prefer to get your trade-in back, he or she will tell you that it’s already been sold. In other words, the dealer forces and coerces you to agree to the new deal.
Elyria Consumer Protection Attorney
If you or a loved one has fallen victim to a spot delivery or yo-yo financing scam, give Tittle & Perlmuter a call. The consumer protection attorneys at Tittle & Perlmuter have the knowledge and experience to fight for your rights. With offices in Cleveland, Lakewood and Elyria, Tittle & Perlmuter can prosecute these claims all throughout Ohio, including Cleveland, Akron, Lorain, Vermilion, and Sandusky. For a free claim evaluation and consultation, call us now or fill out our online contact form. We will respond promptly. We can arrange evening and weekend appointments, and we can come to you.
Claims Against Contractors
Unbeknownst to many Ohioans, consumers potentially have recourse against contractors who do shoddy work on home repairs and construction – namely the Ohio Consumers Sales and Practices Act (CSPA) and/or the Home Solicitations Act. The Ohio Consumer Sales Practices Act (“CSPA”) (Ohio Rev. Code § 1345.01 et seq.) is a set of laws that aim to protect consumers from sales practices that are deceptive, unfair, or unconscionable. Additionally, the Home Solicitations Act gives the consumer the right to cancel the transaction completely – this may even be the case years after the work was finished if proper notice was not given to the consumer initially.
Under the CSPA, there are a number of acts that have been deemed deceptive, unfair, and/or unconscionable. These claims can even be made in response to being sued by the contractor for an unpaid invoice. If you are a victim of shoddy home repairs, give Tittle & Perlmuter a call or fill out our online contact form for a free evaluation and consultation. We can arrange evening and weekend appointments, and we can come to you.
Ohio Consumer Protection Lawyers
Large corporations, which manufacture and sell most of the products that we consume, seek to enhance profits at every turn. We hear about it too often in the news: drug and medical device companies misrepresenting the benefits and components of their products, automobile manufacturers failing to equip vehicles with key safety components to profit mere pennies on each car, and corporations failing to abide by express warranties paid for by their customers.
In 2012 alone, the Federal Trade Commission received more than one million fraud-related complaints with losses totaling more than $1.4 billion. Federal and state laws offer consumer fraud protection by regulating the advertising, marketing and sale of consumer products and services. However, the federal agencies charged with preventing consumer fraud do not help individual consumers pursue their own damages.
The cases which we most frequently handle involve:
- Breach of express or implied warranties
- Product recallls
- False and misleading advertising
- Bait and switch tactics, including Spot Delivery or Yo-Yo Scams
- Insurance fraud
- Misrepresentation and fraud in lending activities
- Improper and faulty home construction and repairs
- Defective and harmful drugs and medical devices
Often, we pursue these cases as class action lawsuits. In cases where rectifying corporate fraud on an individual basis is too costly and time consuming for individual consumers, a class action lawsuit may enable similarly harmed consumers to group together and pursue recovery for their damages.
Cases we are currently investigating include:
Xarelto (rivaroxaban) is a prescription anticoagulant (blood thinner) manufactured by Bayer and marketed by Janssen Pharmaceuticals, a Johnson & Johnson company. It is used to reduce the risk of stroke and clotting issues in patients with non-valvular atrial fibrillation (heart rhythm disorder).
Patients and families of those who died from clotting or bleeding issues may have claims against manufacturers Bayer HealthCare Pharmaceuticals and Johnson & Johnson’s Janssen Pharmaceuticals for their failure to remove the drug from the market or warn patients to check their blood levels to determine their risk of bleeding.
If you or a loved one suffered severe bleeding while taking Xarelto, contact us today for a free consultation to discuss your claim.
Metal-on-Metal Hip Implant Lawsuits
Metal-on-metal hip devices were marketed as offering a more durable alternative to ceramic or plastic models. However, post-marketing studies on these devices but some studies have shown that they expose patients to high levels of metals including cobalt and chromium, and fail at a higher rate than other types of implant devices.
Many metal-on-metal hip implant lawsuits are currently in multi-district litigation and settling. In 2013 and 2014, the following hip replacement settlements were announced:
- $2.5 billion DePuy ASR hip settlement: $250,000 base award for eligible claimants
- $56 million Biomet hip settlement: $200,000 base award for eligible claimants
- $1.43 billion Stryker hip replacement lawsuit settlement: $300,000 base award for eligible claimants
If you suspect you may have a problem from your metal-on-metal hip implant, contact us today for a free legal consultation.