Articles Posted in Uncategorized

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Flushable Wipes Class Actions

Flushable wipes have been a popular household item for years, but recently, class action lawsuits have been filed against companies manufacturing them. The lawsuits allege that the wipes are not actually flushable and can cause plumbing problems.

The main issue is that the wipes do not break down quickly enough when flushed and can clog pipes or even damage septic systems. This can lead to expensive repairs and other costly issues for homeowners. In some cases, the plaintiffs claim that the companies knew about this issue but did not inform consumers or provide adequate warnings.

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CONSUMER FRAUD LAWSUITS/COMMERCIAL LITIGATION

There have been several recent high-profile lawsuits that have captured public attention. For example, Scarlett Johansson filed a lawsuit against Disney over the release of the movie Black Widow1. Another example is the case of Spencer Elden vs Nirvana, where Elden sued the band over the use of his image on their album cover1. Additionally, there have been several high-profile lawsuits against major companies such as Amazon, McDonald’s, and Pinterest over allegations of discrimination and harassment.

Scarlett Johansson filed a lawsuit against Disney for releasing “Black Widow” on its streaming service Disney+ and in theaters at the same time. She alleged that this breached her contract and reduced her salary, which was based on the box office performance1. The lawsuit was settled in private arbitration two months later, with undisclosed terms. Johansson and Disney said they would continue working together.

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Consumer fraud trials can be complicated, LONG and a challenge. There are Rules of Court that must be followed, rules of evidence and Model Jury Instructions. A trial has very little to do with everyday common sense. There are strict rules to address what arguments can be made, what facts can be presented to the judge and jury and burdens of proof and persuasion. It takes years of in court experience to understand a trial, especially a Consumer For a Trial.

A Consumer Fraud Trial has a large amount of very technical requirements/proof/burdens. As in most cases, the plaintiff has the burden. However in some areas of a Consumer Trial the burden is lowered because of the practical considerations the legislature has determined are necessary for the enforcement of the consumer fraud act.

A good example is Proximate Cause. In most lawsuits, and in most causes of action there is a requirement for proximate cause. Proximate cause requires that the actions of the defendant caused the damage to the plaintiff or the victim. There are specific jury instructions that address this issue. However, in Consumer Fraud Trials the standard/burden has been lowered by the New Jersey courts.

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New Jersey Lemon Law Update January 2020

There have been no statutory amendments modifications or other significant changes and the New Jersey Lemon Law. The update is that there is no update. I just recently updated my New Jersey Lemon Law page at my website.

There is a used New Jersey lemon and there is a new New Jersey Lemon Law. The remedies are different for those claiming they have purchased a lemon. However, the underlying concept is that the use/value/safety of the vehicle you were driving has been substantially impaired. Each statutory provision, used car lemon law and a new car lemon law, spells out the remedies to which you are entitled. The New Jersey new car lemon law provides for a repurchase formula with attorney’s fees and costs.

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How are salesman paid in the car industry.  I just posted a long article about a salesman not been paid properly. This is a simple letter, simple questions that car salesman are curious about one consulting about suing a car dealership

www.consumer-attorney.com

https://www.consumer-attorney.com/how-are-car-salesman-paid-how-much-money-do-car-salesman-make.html

 

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Researching Recalls on New and Used Vehicles

The Law Office of Jonathan Rudnick Recall Research click here

One of the most basic and simplest research tools on the Internet is the government site where you can check recalls for the vehicle you were buying. You take the vehicle identification number of the vehicle you are attempting to purchase and place that vehicle identification number into the appropriate spot on the website and it will tell you if there are any outstanding recalls.

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Guaranteed Credit Approval

Consumer Fraud and False Advertising:

Guaranteed Credit Approval. Financing Guaranteed. We finance Anyone. We will Get it Done.

Guarantee Credit Approval.  Be wary and get help if you see this advertisement

You hear those advertisements all the time on the radio and TV. Credit Guaranteed. All you need is a job and pay stub. Rebuild your credit. Any deal.
There is no such thing as guaranteed credit. There is no such thing as guaranteed credit approval. Each and every transaction must be reviewed by a bank or lending source. The bank or the lending source make a decision to extend credit based on the credit score, your job and any one of numerous other items that might be applicable to the bank’s lending standards.

So when you hear the aforementioned promises or representations that there is guaranteed credit approval and all you need is a job or some type of pay stub this is quite frankly more likely than not false. Does it make sense that the bank would lend you money when you are not qualified to borrow the money. Absolutely not. Banks have lending standards. They do not lend money to anybody.

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“Sloppy or callous” practices by student loan servicers are still costing consumers money despite stepped-up enforcement efforts, according to a report from the Consumer Financial Protection Bureau (CFPB), which recently returned more than $11 million to more than 225,000 harmed consumers.

The CFPB said it also uncovered student loan servicer violations, such as failing to enroll qualified borrowers in affordable federal loan repayment plans. It is issuing updated procedures for student loan servicing exams.

“Our examiners continue to find sloppy or callous practices among some student loan servicers and other financial institutions that violate the law and put consumers at risk,” said CFPB Director Richard Cordray. “If their practices hurt consumers, they need to rethink and change their practices in light of the actions and observations found in this report.”

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