Sacramento Consumer Protection Blog

Consumer fraud is a crime that happens more often than you think. Corporations use misleading service agreements to get more money out of you, and they often go unnoticed or uncontested. At the law offices of Bowman & Associates, we are dedicated to righting corporate wrongdoings to individuals and business entities across the state of California.

If you lost a few dollars on a cell phone bill or a large sum of money to a misleading contract, we will help you. Identity theft, credit report errors, false advertising, and even auto dealer fraud are violations of your rights as a consumer. These fraudulent corporations affect many people and must be stopped from continuing their practices and that you get compensation. Don’t waste time fighting on your own without results. Hire an experienced attorney to defend your rights today. Read More »

Attorney General George Jepsen and Consumer Protection Commissioner William M. Rubenstein are asking Hartford Healthcare and its Midstate Medical Center affiliate in Meriden for more information about a data breach that may have compromised medical records of 93,500 patients.

The hospital notified the Attorney General that a hard drive containing protected health information and personal information was taken home by an employee of Hartford Healthcare and subsequently lost.

The hard drive contained patient names, addresses, dates of birth, Social Security numbers and medical record numbers.

“I strongly believe in protecting the confidentiality of patients’ private information. Hospitals, like health insurance companies, have access to very sensitive health and personal information. They have a duty to protect that information from unlawful disclosure,” Attorney General Jepsen said. Read More »

The process for making a lemon law claim varies from state to state, depending upon where the vehicle was purchased. In some states, the claim can be made without a lawyer. In other states it is best to use a lawyer in the case. Check with the individual state before starting the claim. Lawyers can collect fees if the claim is won. Even in states where attorney fees are not awarded under state law, an attorney may be able to recover fees on the basis of a successful claim under the federal “Magnuson-Moss Warranty Act“. Some states require that a vehicle owner who is unsuccessful in lemon-law litigation must repay the manufacturer’s legal fees. It makes sense to discuss the laws an attorney before deciding how to proceed.

California Lemon Laws vs. Texas Lemon Laws

California lemon laws differ from Texas lemon laws in the type of vehicle they protect. In California the vehicle must be for private use, purchased in California, made by a participating manufacturer, and weigh less than 10,000 pounds. The Texas lemon law covers any vehicle with two or more wheels made to go on the public highways. The Texas law further covers an engine, transmission, or rear axle regardless of if it is hooked up to a vehicle body with wheels or not. The law in Texas also provides for recreational vehicles that can be towed. These two states are examples of how broad or how narrow a state’s lemon laws can be.

Arbitration

On some cases, manufacturers will attempt to get consumers to go to arbitration to resolve disputes over “lemon” vehicles. Many consumers will be able to resolve lemon-law claims prior to arbitration or due to the result of one. Consult with a lawyer before agreeing to arbitrate a lemon-law claim, since there may be no requirement for arbitration which can turn into a frustrating experience. A lawyer can help figure out if arbitration would be helpful or go with filing a lawsuit.

Lemon Law Remedies

Depending upon the circumstances and applicable lemon-laws, the car buyers may discover the manufacturer will purchase the car. Possibly with an additional payment for funds invested in the car, less a mileage offset. Sometimes the manufacturer will provide a new replacement vehicle and some states permit recovery of legal fees. For more information on a state’s lemon-law and contact information for manufacturers, consult with the Better Business Bureau’s lemon law website.

Lemon-laws are not the only available recourse to people who purchase “lemon” vehicles. If the purchaser does not qualify for a lemon-law option due to trouble with the car (e.g., a cosmetic issue or a malfunctioning dome light or radio) or a repair which fixes or diminishes the problem there may have a claim for breach of warranty under the state’s Consumer Protection Laws.

The Sacramento Consumer Protection Attorneys of Bowman & Associates have helped clients across California. Contact our experienced Sacramento Law Office if you have legal questions regarding consumer protection.

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A Clayton County jury recently awarded a $17.7 million verdict against Ford Motor Co. and a driver for a car accident that occurred Christmas morning in 2005.

The verdict was awarded to Lynn Wheeler, who suffered catastrophic injuries and is now a quadriplegic, and to her husband Doug. Wheeler was on her way to church wearing a lap-only seat belt in a 2002 Ford Explorer which was struck head-on by a car driven by John C. Stanley on Noah’s Ark Road.

In a verdict returned Dec. 18, the jury found Ford responsible for $16.4 million in damages for defects in the Explorer’s occupant protection system, Atlanta lawyer Alan Hamilton said in a statement. When the jury also decided to award punitive damages against Ford, Ford and the Wheelers settled the case before that verdict was announced, Hamilton said. Read More »

Bankruptcy and consumer lawyers in Alabama and elsewhere should be aware of American Express’s attempt to subvert bankruptcy laws with respect to preference payments. American Express has announced a plan to pay some of its card members $300 to pay-off their cards and close their accounts. American Express says its offer is to help consumers “simplify” their finances. However, it is clear; American Express is trying to induce consumers to pay it first.

As many remember, the “Bankruptcy Abuse Prevention and Consumer Protection Act of 2005” was expected to stem losses for credit card companies. But in practice, the bill has actually increased the percentage of credit card debt that is being discharged in bankruptcy. You may have noticed the difference in your mail box. You probably no longer receive three offers for “pre-approved” credit cards in the post each day.

“What AmEx is trying to do is move to the front of the line in terms of getting paid back” by customers who owe debts to multiple lenders, said Micheal Talano, an analyst at Sander O’Neill & Partners. “They clearly grew loans faster than their competitors in the years leading up to this financial crisis.”

American Express is shedding customers as rivals reduce credit lines, raise interest rates and cut back on mail solicitations to brace for future losses. Consumers have fallen farther behind on credit card payments as U.S. unemployment reached 7.6% last month, the highest rate since 1992.

American Express said that charge-offs or loans that it deems uncollectable, rose to 8.29% in January from 7% the month before, while payments that are over 30 days overdue climbed to 5.28% from 4.86%.

I encourage all bankruptcy lawyers to review their clients’ files to ensure that American Express was not paid-off shortly before the client sought your legal services. This will not affect the client’s filing per se but American Express may have to pay some of the money it received back to the bankruptcy court for distribution to other creditors.

One final note, American Express recently received $3.39 billion from the U.S. Treasury to boost its capital. But apparently it had no intention to use that money to increase lending.