Consumer Fraud
Consumer fraud is a broad term used to describe any intentionally deceptive act, statement or practice that harms consumers. Various types of consumer fraud exist. A few examples include: false and misleading advertising, undue debt collection, defective product sales, and deceptive internet practices. Most states have consumer protection statutes that allow victims of consumer fraud to sue for civil penalties including, at a minimum, restitution and injunctive relief. While the elements required to prove consumer fraud differ by state, generally a consumer must be able to show: (1) unfair or deceptive conduct which had a tendency or capacity to deceive; (2) an ascertainable loss of money; and (3) losses which caused by the deception.
False labeling
Did you purchase a product because of label claims that turned out to be false?
Unauthorized charges
Were you enrolled in an auto-renewal program without your prior authorization?
Defective products
Did you purchase a product that is defective or lacked proper warnings or instructions?
Do I have a case?
Only an experienced attorney can tell you. An estimated 10.8 percent of Adults in the United States fall victim to consumer fraud each year. If you too have been targeted, you need a knowledgeable consumer rights attorney to assist you in obtaining the legal relief to which you are entitled. Contact the Eureka Law Firm for a free case evaluation by an experienced consumer fraud attorney. State law limits how long you have to pursue a consumer fraud claim. Therefore, you must seek legal help immediately in order to protect you rights.
In general, you do not have a consumer fraud claim if:
- You did not purchase the product yourself.
- You purchased the product for your business.
- You knew the product claims were false at the time of purchase
- You would have bought the product anyway
- The false claim did not factor into your decision to buy the product.
Can I file my consumer fraud case as a class action?
If certain legal requirements are met, a class action can be the perfect vehicle to address consumer fraud claims. Often the cost of filing an individual lawsuit exceeds the amount of potential recovery. By aggregating the claims of consumers into one lawsuit, a class action can provide a mechanism for individual consumers to address consumer fraud collectively.
What type of evidence do I need?
Your account of what occurred (i.e. your testimony) is probably your strongest evidence of consumer fraud. Often, this type of evidence alone is sufficient. If you are thinking about filing or participating in a class action lawsuit, you should keep everything associated with your claim of unfair conduct. Depending upon the circumstances, this may include: receipts, consumer goods (i.e. the product itself), emails and other correspondence with the deceiving party, promotional materials, advertisements, and website screenshots.
What will it cost me to file my case?
Nothing. All consumer fraud class actions are litigated on a contingency basis and all expenses (e.g., expert fees, travel costs, etc.) are paid by your attorneys. In the event you prevail on your claims, your attorneys will apply for fees which are paid by the Defendant and are subject to the Court’s approval.
Every case is legally and factually different. Only an experienced attorney can tell you if you have a viable consumer fraud case. Contact the Eureka Law Firm for a free case evaluation by an experienced consumer fraud attorney.