Consumer Protection

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There are federal and state laws that protect consumers from unfair or deceptive acts or practices or false and/or misleading advertising. Consumer class actions permit individual consumers who were harmed by the same conduct to prosecute claims involving small dollar amounts in a single lawsuit. Consumer fraud describes a wide range of improper practices, such as:

• Deceptive or misleading advertising
• Sale of defective products
• Unauthorized billing or overcharging for goods and services
• Consumer lending, credit reporting and debt collection abuses
• Credit card abuses, such as unilateral changes in terms and undisclosed fees

Abbey Spanier is currently representing consumers in class actions across the nation:

DEFECTIVE PRODUCTS
Marcus v. BMW of North America, LLC and Bridgestone Firestone North American Tire, LLC, No. 08-cv-05859-KSH-PS (D.N.J. 2008): In recent years, BMW has equipped its vehicles with run-flat tires manufactured by Bridgestone. Plaintiff, who leased a BMW with Bridgestone run-flat tires, alleges that BMW and Bridgestone failed to disclose that the run-flat tires are defective, prone to pop from normal driving, unrepairable and extremely expensive to replace.

UNFAIR LENDING PRACTICES
Fensterstock v. Education Finance Partners, No. 08-cv-3622 (TPG) (S.D.N.Y. 2008): Plaintiff alleges that Education Finance Partners and Affiliated Computer Services, Inc., applied hidden penalties to plaintiff's private consolidation loan. These penalties were never disclosed to plaintiff and were never agreed to.

In Re: JP Morgan Chase Home Equity Line of Credit Litigation, MDL No. 2167, Master Docket Case No. 10-cv-3647: Plaintiff alleges that in an attempt to reduce their exposure to the depressed United States housing market, Chase and Washington Mutual Bank illegally reduced and suspended credit limits on home equity lines of credit across the country. The complaint alleges claims for breach of contract, breach of implied covenants and unjust enrichment and violations of the federal Truth In Lending Act and California's unfair business practices statutes.

Fletcher v. IndyMac Mortgage Services, FSB, No. 10-cv-04682: Plaintiff alleges that IndyMac failed to permanently modify her home mortgage loan under the Federal Home Affordable Modification Program notwithstanding the fact that she complied with all of her obligations for a load modification under a written Trial Period Plan Agreement.  The complaint alleges claims for breach of contract, promissory estoppel and claims under the Illinois Consumer Fraud and Deceptive Business Practices Act.

CREDIT CARD ABUSES
In Re: Chase Bank USA, N.A. "Check Loan" Litigation, MDL No. 2032, No. M:09-cv-02032-MMC: Plaintiff alleges that Chase Bank breached its contract with credit cardholders and violated the federal Truth In Lending Act and state consumer protection statutes by unilaterally modifying the terms of long-term fixed rate loans.