In California, lawyers are prohibited from making an agreement for, charging, or collecting an unconscionable or illegal fee. There are many types of fee arrangements that are used by lawyers, some by choice and some that are mandated by law. Contingency fees are one type of fee arrangement used by attorneys. The amount of the fee a lawyer receives is contingent upon the result the lawyer obtains and often on the phase of litigation in which the dispute settles. Contingency fees are based on a percentage of any award received by a client and derived from a successful jury verdict or settlement. If the case is unsuccessful, the client is not required to pay the lawyer any fees except for the costs of litigating or trying to settle the case. Although contingency fee percentages may vary, one-third (33 1/3 %) has been the common percentage used for several decades, especially for personal injury cases. Ethical…Read More
Frankly, ever since Jean-Jaques Perrett invented the first safety razor in the late eighteenth century, humans, many obsessively, have taken measures to permanently reduce their body hair. The first, initial at-home laser hair removal system was approved by the United States Food and Drug Administration (FDA) a little more than ten years ago. Thus, in the last ten years, there has been a proliferation of light-based hair removal devices intended for home use. Sales have grown rapidly and many well-known multi-national companies have entered the hair removal market. As the pandemic has necessitated social distancing, these products are as popular as ever since many of the businesses that offer professional hair removal services have been closed and unable to serve the public. However, some of these hair removal products, like any other product, may contain dangers unperceived by consumers. The result is a potential for injury or harm that may necessitate the payment of damages.…Read More
Whether you feel like you have continuously been passed over for promotions, that your employer has made unlawful decisions about you, or out of sheer curiosity, there are many reasons to want to look at your employee personnel file. After all, you work hard and your professional reputation is important to you. Under California law, you have a right to your records. Specifically, under the California Labor Code, “Every current and former employee, or his or her representative, has the right to inspect and receive a copy of the personnel records that the employer maintains relating to the employee’s performance or to any grievance concerning the employee.” Upon request, an employer is required to make the contents of an employee’s personnel records available for inspection within 30 days of the request, unless the requestor agrees to expand that time frame to 35 days. In addition, the employer is required to offer a copy of the personnel…Read More
The Consumer Financial Protection Bureau has made a blockbuster announcement: It has charged Equifax and TransUnion, two of the three major credit reporting agencies, with violations of the Dodd-Frank and Fair Credit Reporting Acts and ordered them to pay over $23 million in fines and consumer restitution. The CFPB claims the two companies sold customers fake credit scores and lured people into buying expensive credit monitoring services they didn’t intend to purchase. They lied to consumers who were only trying to improve their financial health. That $1 Credit Score You Bought Wasn’t Exactly Your Credit Score According to a report in The Atlantic, Equifax and TransUnion each offered consumers a chance to see their credit scores, which are crucial to obtaining credit and directly affect the interest rate the consumer is offered. The scores range from 300 to 850 and are assigned based on the individual’s current debt level, access to unused credit balances, payment…Read More
One man’s displeasure with Amazon’s Prime membership has resulted in poor ratings for the e-tail giant in the marketplace of public opinion. This year, Gregory Harris filed suit against Amazon, claiming he was charged hidden fees while purchasing items through the online retailer. According to the plaintiff, the company enrolled him in Amazon’s “Prime” membership program without his permission. Those purchasing this service benefit from shipping upgrades and streaming services; however, its cost at $100 is prohibitive for many families. For this reason, many people buy items on the retailer’s website without committing to the membership service. In his lawsuit, Harris states that Amazon misrepresents the costs associated with purchasing on its site. According to the Harris, his decision to buy items that had been advertised at a low price led to his enrollment in the Prime membership program. Obtaining the items at that price was contingent on having a membership, a distinction that was…Read More
Early last month, a man in northern California filed a civil lawsuit against American Express after the credit card company removed 100,000 Membership Rewards points from his account. He is seeking more than $1 million in damages. As detailed in the Northern California Record, the plaintiff opened a credit card account with American Express in May, when the company offered him a special promotion that promised him 100,000 points if he spent $3,000 within three months. Court records show that he spent just under $3,700, and was indeed credited with the Membership Rewards points. American Express revoked the points, however, when they perceived that the plaintiff was trying to deceive them. When Fake Points Are Worth Real Money The initial deal would have been enticing to almost anyone. Rewards points carry an estimated value of 1.9 cents each; as such, participants in this program would receive a bonus worth approximately $1,900. Yet in the current case,…Read More
Your parents or grandparents may have been ripped off but they are too embarrassed to tell you. An Allianz Life Insurance Company survey found that 37 percent of seniors have experienced some kind of fraud or financial abuse. That startling number was 20 percent higher than Allianz found in 2014. These victims lose on an average of $36,000. AARP has found that tech support scams alone result in $1.5 billion from 3.3 million people. Remarkably, 40 percent victims are scammed more than once. Why Is This Happening? The population of the elderly is going up so there is more opportunity. They have the money because they’ve been saving for retirement. An estimated 5.4 million of them have Alzheimer’s disease, which compromises their ability to make sound financial decisions. Even without dementia the elderly have a pattern of making imprudent financial decisions called age-associate financial vulnerability. While it’s hard to monitor the behavior of senior citizen all the…Read More
The Federal Trade Commission has negotiated a settlement in its deceptive advertising lawsuit against DeVry University. Previously, two separate groups of former DeVry students had sued the university over inflated graduate employment claims, but both suits have already been settled. In its advertising, DeVry claimed that around 90 percent of its graduates landed jobs within six months of graduation provided they actively sought employment. Prospective students were impressed, and many relied on those claims when deciding what college to attend. What those students didn’t know was that DeVry was counting graduates who already had jobs when they enrolled — students who were upgrading their skills rather than training for a new career. According to the FTC, DeVry misleadingly counted a substantial number of such graduates when it claimed its 90-percent job placement success rate. DeVry Counted Graduates With Existing Jobs Among Those It Helped Place Some students who enter college already have jobs. Some take time off…Read More
There was a time when the Palo Alto-based medical startup company Theranos was highly valued and praised. The company lobbied hard in Arizona and was able to open up a laboratory in Scottsdale, get their blood-testing service into 40 Walgreens locations and then got lawmakers to pass a bill that would allow customers to use their blood-testing service without getting approval from a doctor. However, Theranos’ methods were unproven and they soon came under heavy scrutiny. Federal regulators tried to shut down Theranos’ lab before Theranos made the decision for them. Walgreens shut down the Theranos blood test facilities at their locations and the state is looking to sue Theranos now. The company that was once worth $9 billion is a husk of its former self. This is just another classic example of consumer fraud, a practice that seems to be standard operating procedure for businesses nowadays. Dangerous products, unproven methods and skeptical production means are all…Read More
You receive your credit card bill in the mail. As you start to scan it, you see strange purchases that you haven’t made. Or maybe you see that you have been overcharged for something you purchased. What do you do? Thanks to the Fair Credit Billing Act (FCBA), you have the right to dispute purchases on your credit card bill that are fraudulent, unauthorized or otherwise unsatisfactory. The FCBA also allows you to withhold payment without hurting your credit. The card issuers must investigate any disputed charges, and fix them if they are wrong. Below are some of the details regarding the FCBA, and how it can protect your consumer rights: You have 60 days from the billing date to dispute a charge. It is also a good idea to monitor your statements online, which can be particularly helpful for catching errors. Mail in your dispute. Sent the letter to your credit card issuer by…Read More
