What is consumer protection litigation?
In the area of consumer rights litigation we pursue claims against and hold corporations responsible for unfair and deceptive practices that defraud consumers. We represent consumers who were deceived or defrauded by corporations. Specific claims that we advance on behalf of our clients include:
- Product mislabeling
- Failure to identity ingredients in food products
- Failure to warn of hazards or dangers associated with use of a product
- False advertising
- Defective products
- Failure to provide services
- Bait and switch marketing
- Hidden charges
- Overcharges, hidden fees or usury interests rates
- Credit reporting errors
- Data security breaches
What is product mislableing?
In 2012, there were about 180 recalls of food products due to undeclared allergens. Some of these recalls are initiated by the manufacturer or as a result of an inspection by the United States Food and Drug Administration (FDA) or U.S. Department of Agriculture (USDA), but others are initiated as a result of a consumer complaint.
Product Mislabeling occurs when a food product’s label does falsely list ingredients, misrepresents ingredients or fails to identify ingredients such as allergens in the product. The FDA recognizes eight common allergens in foods:
- Soy/Soy beans
- Wheat
- Peanuts
- Tree Nuts
- Milk
- Eggs
- Fish
- Crustacean Shellfish
These eight foods and any ingredient that contains protein derived from one or more of them are designated “major food allergens” by the Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA) and require specific labeling.
What do you do If you believe a product is mislabeled or contaminated?
- Keep the packaging and take photos of the product.
- Call the FDA Consumer Complaint Center in your area, or report it online in the FDA’s Safety Reporting Portal.
- Call us and we will provide you with a free consultation.
What if you had a reaction from a product that you thought was safe?
- If you read the label on a product and it had none of your allergens listed. You ate the product and had a reaction.
- First and foremost, seek appropriate medical attention.
- Save the product and store it according to the label. Do not throw away this product, its packaging, or any similar product that may have been purchased at the same time as these can be important to an investigation; put the uneaten portion into an appropriate container and freeze it unless it is a shelf-stable food.
- Call the FDA Consumer Complaint Center in your area, or report it online in the FDA’s Safety Reporting Portal.
- Call us and we will provide you with a free consultation.
What is a consumer class action?
Consumer class action is a lawsuit filed in state or federal court on behalf of one or several individuals (class representatives), who represent the interests of a larger group or class of people who have been similarly impacted and damaged by the corporate wrongdoing. Class actions typically seek damages in the form of monetary compensation for the harm the named persons or class representatives suffer as well as the members of the “class.” For example, class actions have been brought on behalf of all individuals who purchased a specific product after relying on the manufacturer’s label and who later discovered the label was not identify harmful or dangerous ingredients.
Why file a class action and not individual cases?
We go up against major corporations for individual consumers by filing class actions. Class action litigation is an effective way to help victims of consumer fraud to have their day in court. The damages or issues in a consumer case generally impact hundreds or thousands or individuals.
How we can help you?
Federal and state consumer protection laws provide consumers with broad protection and recourse from unfair and illegal business practices. We know how to apply these laws to hold corporations responsible and obtain compensation for our clients.If you believe you have been wronged by a business in any way we encourage you to turn to our experienced lawyers for assistance. Our mission is to get you justice and compensation. Call us for a free consultation.
