CONSUMER PROTECTION LAWSUITS IN CLEVELAND
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:
- Claims involving spot delivery or yo-yo scams
- Claims against contractors relating to Ohio Consumer Sales and Practices Act and Home Solicitation Act
Our Ohio consumer protection lawyers have the deep expertise, unbridled passion and history of success necessary to fight these cases –and WIN.
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
- Make an additional down payment
- Agree to a loan at a higher interest rate, which would create a higher monthly payment
- Agree to obtain a co-signer; and/or
- 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.
Signs a Car Dealership is Partaking in an Illegal Yo-Yo Scam
Caption: The most basic type of consumer protection case that we handle here, usually on a class action basis, has to do with the yo-yo scam – the old bait and switch with the car dealership. Here’s the scheme, here’s how it works: You go into the car dealership. You give them the down payment, you trade in your car, they have you fill out all the paperwork, and you take the vehicle home. A couple weeks go by, you get a phone call. It’s the car dealership. They say, “Hey Jim, by the way, there’s a couple more documents we need your John Hancock on. Can you swing by and sign those?” You say sure, no problem. You go by, and all of a sudden your interest rate is higher, they want more of a down payment, or they want a co-signer.
Or the other scenario is, you don’t go back. You think something is up. It just doesn’t sound right. They start calling you everyday. Next thing you know, they tell you “look I will call the police and report your car stolen, that you’re driving, that you bought if you do not return this vehicle immediately. Folks, it’s illegal. There’s something called the Truth in Lending Act. And TILA, the Truth in Lending Act, requires disclosures of what the terms of the loan are up front. These car dealerships are trying to circumvent that.
If you or a loved one has fallen victim to a bait and switch (a yo-yo scheme) please give us a call. But one more thing, when you buy a car do not sign an arbitration agreement. If you sign an arbitration agreement, you may be giving up your right to pursue these types of cases. Please, watch out for that.
Consumer Protection Attorneys Serving All Of Ohio
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, Elyria, and Chardon, Tittle & Perlmuter can prosecute these claims all throughout Ohio, including 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 Fighting Large Corporations (And Often Winning)
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.
Reach out to Tittle & Perlmuter Today
If you have a question about a potential case and would like to schedule a free consultation, we’ve available. We are happy to meet outside of regular office areas and at a convenient location for you if necessary. Please call 216-285-9991.
Don’t wait to reach out! Our Ohio consumer protection lawyers are here to serve victims with everything you need to pursue a lawsuit from start to finish. We will educate you, fight for you, and do everything in our power to earn you the compensation you deserve.