Consumer Law

Ex-Ohio AG Files Bank Class Action, Responds to Unrelated Call for Potential Attorney Discipline

A former attorney general of Ohio was in the news for two reasons today. Now a Cleveland practitioner, Marc Dann filed suit against the Bank of America contending that it had failed to comply with contractual duties to help struggling homeowners modify their mortgages under a federal program, reports WKYC.…

Feb 17, 2011 1:04 AM CST

Speakers at EEOC Meeting Say Ban on Unemployed Job Applicants Could Discriminate Illegally

Asked to comment today at a meeting of the Equal Employment Opportunity Commission, a number of speakers said some employers’ practice of barring the unemployed from consideration for job openings could have an illegal discriminatory effect. Such a policy could have a disparate impact, for example, on racial minorities or…

Feb 16, 2011 9:04 PM CST

As Bankruptcy Debtors Tend to Try to Hide Assets, Sometimes Ineptly, Prosecutions are On the Rise

Debtors who file for bankruptcy are supposed to disclose their assets. But many don’t, and as bankruptcies rise nailing those who violate the rules is becoming an increasing priority for prosecutors, according to the St. Petersburg Times. Discovering hidden assets, of course, can be a challenge. However, sometimes debtors make…

Feb 16, 2011 7:11 PM CST

Parents Whose Son Died of Rare Bacteria Spot Recall Notice, Leading to Lawsuit Against Wipes Maker

Two-year-old Harrison Kothari seemed to be recovering well from surgery to remove a benign cyst near his brain and spinal cord. But then he died suddenly at a Texas hospital late last year, of a rare infection, a day before he was supposed to be discharged, msnbc.com reported. Staff of…

Feb 15, 2011 7:54 PM CST

Internet Retailer Limits Negative Online Reviews in Its Terms and Conditions

An Internet retailer called Full House Appliances expressed its displeasure when a customer posted a negative review on the ResellerRatings website. The company dispatched an e-mail to the commenter warning that libel is a prosecutable offense in Washington State where it operates, and it intends to pursue legal action absent…

Feb 14, 2011 5:39 PM CST

Russian Hacker Apologizes, Gets Probation in $10M Raid on Scottish Bank

A 27-year-old Russian man who participated in a hack attack on a Scottish bank that eventually netted some $10 million from 2,000 ATMs has been sentenced to probation by a Siberian court. Yevgeny Anikin, who apologized for his role in the crime, also was given a five-year suspended sentence and…

Feb 11, 2011 8:45 PM CST

Suit Accuses Coach Inc. of Improper Crackdown on eBay Handbag Sellers

A woman who tried to sell her Coach handbag on eBay is suing the company after its lawyers accused her of selling counterfeit goods and threatened her with a $2 million penalty. Gina Kim says she purchased the $428 handbag with her employee discount when she worked at a Coach…

Feb 11, 2011 5:51 PM CST

Shoppers Don’t Have to Give their ZIP Codes to Retailers, Rules California Supreme Court

Often in the forefront as far as recognizing consumer rights is concerned, California law gives consumers the right to withhold their ZIP code from retailers, the California Supreme Court decided today. Under the state’s constitutional right of privacy and the Song-Beverly Credit Card Act of 1971, which protects consumers’ “personal…

Feb 10, 2011 11:14 PM CST

Banned From Suing Lawyer, Ex-Client Is Told ‘The Fault ... Is Not In Our Stars, But In Ourselves’

Telling a former client who sued his ex-lawyer for discrimination and sent him invective-filled letters that he should heed famous words in Julius Caesar about the apportionment of blame, a New York judge has given the lawyer some relief, reports the New York Post. Alexander Breytman cannot sue attorney Donald…

Feb 10, 2011 9:40 PM CST

Binder & Binder Awarded $292K; Suit Claimed Google Competitor Purloined Its Name

The law firm Binder & Binder has been awarded $292,000 in a trademark infringement suit against a competitor that paid Google to have its ad appear when people searched for the Binder name. U.S. District Judge George King of the Central District of California ruled that the Disability Group Inc.…

Feb 10, 2011 5:23 PM CST

Dallas Trial Lawyer Hopes to File Class Action over Hotel Overbooking

Dallas plaintiffs lawyer Allen Stewart says he has fallen victim to hotel overbooking at least a dozen times. Now he’s collecting stories of similar experiences in hopes of filing a future class action naming several hotel chains. Stewart contends a hotel reservation that is prepaid or guaranteed with a credit…

Feb 10, 2011 12:00 PM CST

FTC Member Warns of Antitrust Concerns in Health Care Law, Seeks ‘Vigorous Enforcement’

A member of the Federal Trade Commission is raising concerns that the new health care law could reduce competition by allowing collaboration between hospitals and doctors. FTC member J. Thomas Rosch, an antitrust lawyer, says “vigorous antitrust enforcement” will be needed to preserve competition, the New York Times reports. He…

Feb 10, 2011 11:30 AM CST

Activist Attorney Gets $20K Over Arrest at Podium of Public Hearing

An attorney and community activist arrested and handcuffed after she tried to speak on behalf of clients at a public hearing in Florida more than three years ago has won a $20,000 settlement from the Broward County commission. The county has admitted no wrongdoing in the incident, which occurred after…

Feb 9, 2011 9:39 PM CST

NFL Sweetens Offer to Jilted Super Bowl Fans as Lawyer Sues and Lawsuit Websites Proliferate

The National Football League is sweetening its offer to the 400 fans who bought tickets to the Super Bowl but didn’t get a seat, even as a lawsuit was filed on behalf of those fans and others who were disappointed in their seats. The NFL is giving the 400 jilted…

Feb 9, 2011 2:28 PM CST

Lawyers See Flaws in Government Report Finding No Electronic Problems in Toyotas

A lawyer who is leading a class action suit against Toyota for a drop in vehicle value sees flaws in a new report that found no electronic problems that could cause unintended acceleration in the vehicles. Steve Berman, the co-lead plaintiffs’ counsel, said the report won’t mean the end of…

Feb 9, 2011 1:11 PM CST