According to the National Consumer Law Center, auto dealer profits on sales of new cars are small. Dealers make more money on the financing, insurance, service contracts and repairs, and on the sale of used cars. This results in a huge financial incentive to “push the envelope” and increase dealer profits.

Car sales are also complicated transactions involving state titling and registration laws, trade-ins, financing, leasing, physical damage and liability insurance, credit insurance, add-ons, and other fees. Some car dealers take advantage of the complexity of car sales when dealing with consumers.

Dealer employees, especially Finance and Insurance (F&I) staff, are paid by commission. The higher the profit from an automobile sale, the more money they make. The more add-on products sold, the higher the commissions. Dealers are notorious for engaging in aggressive “loan packing”—the sales process after selling the vehicle—by rolling into a consumer’s loan a dizzying arraying of high-priced, back-end products of questionable value: rust proofing, paint sealing, glass etching, fabric protectant, service contracts, and gap policies.

Salespeople regularly cross the line between permissible “puffery” (“a statement purporting to be merely the seller’s opinion or commendation”) and outright misrepresentation. For example, many salespeople will tell you that GAP insurance is “required” to purchase a vehicle. That is unquestionably false.

Specific examples of automobile fraud include odometer tampering, salvaged vehicles, bait and switch, false advertising, yo-yo sales, and falsifying buyer credit information. “Lemon laundering” is the resale of a car that was repurchased by a manufacturer or dealership from a consumer under one of the modern lemon laws but sold as certified pre-owned vehicles. Another common technique is concealing vehicle history, either by nondisclosure or fine print, such as use for demonstration, short-term rental, and “loaners” for other customers.

Fortunately, the law protects consumers from unscrupulous dealers

Companies use deceptive business practices to mislead consumers and increase profits. Consumers and ethical businesses are harmed by the unfair methods used by such practices. There are strict state and federal laws prohibiting deceptive trade practices. These laws are meant to protect consumers from misleading advertising, product descriptions, or hidden fees for services the consumer does not want or receive.

When businesses violate these laws, the penalties can be severe. Many companies have been found liable for deceptive trade practices and forced to pay penalties and restitution. If consumers join together in a lawsuit, it can be an effective deterrent to future business practices.

Some of the types of deceptive business practice claims include:

• False or deceptive advertising
• Bait and switch tactics
• Misrepresentation
• Charging more for services than originally advertised
• Charging fees for services not performed

If you have been harmed by a company due to deceptive business practices, you may be just one of many.

False imprisonment and false arrest might sound similar, but they are legally different. False imprisonment occurs when one person unlawfully restricts another’s freedom without justification or consent. The victim doesn’t need to be in jail or handcuffed. For example, false imprisonment might occur when someone intentionally locks another person in a room with no means of escape, without consent, and without legal authority. Threats to the victim can also be considered restraint.

On the other hand, wrongful arrest involves unlawful restraint or detention by a person with legal authority. Both private citizens and members of law enforcement can be accused of false arrest. A false arrest can occur when a police officer exercises their authority to detain or arrest someone without proper legal grounds. For example, a police officer detaining someone without reasonable suspicion, probable cause, or an arrest warrant. A police officer cannot lawfully detain a person for refusing to identify themselves to the officer unless the officer reasonably suspects the person was involved in a crime.

Call us if you believe you’ve been a false arrest or imprisonment victim. It’s critical to consult an experienced attorney who can help you understand your rights and how the laws apply to your situation.

Remember that every situation is unique, and only a legal professional can provide advice tailored to your circumstances. Thus, speaking to an attorney with experience handling false imprisonment and false arrest cases is the best way to determine whether you have a valid claim.

Defamation generally refers to a public statement that falsely disparages another person or, in commercial cases, a business, resulting in damage to that person or business. The person making the statement must have “malice,” meaning that the person knows or should know that the statement is false, and either intends the statement to cause harm or knows that harm is likely to result. Spoken defamatory statements are known as “slander,” while written defamatory statements are called “libel.”

A person or business claiming defamation must prove that the statement is false and that the defendant acted with malice, subject to certain exceptions. A claimant must also prove measurable damages, and show that they resulted directly from the defamatory statement.

Businesses may bring defamation claims against consumers for statements that allegedly disparage their business or their product. A claim may arise from something a consumer wrote in a review on the internet or otherwise made available to the public. Companies may use alleged defamation as a counterclaim in a lawsuit for consumer fraud or other consumer law violations. Because “truth is a defense to defamation,” however, they may not find it worthwhile to do so.

We help consumers assert their legal rights against much larger opponents, including defense against counterclaims for libel or defamation.

Invasion of privacy is the unjustifiable intrusion into the personal life of another without consent. It generally consists of the following four distinct causes of action, called torts:

• Appropriation of Name or Likeness
• Intrusion Upon Seclusion
• False Light
• Public Disclosure of Private Facts

The different types of invasion of privacy offenses often overlap since they have similar legal issues.

Appropriation of Name or Likeness

Appropriation of name or likeness laws protect your right to control the use of your identity for commercial use. Misappropriation or theft of one’s likeness can trigger a lawsuit. Typically, these claims involve the unauthorized use of a person’s name or picture.

The general elements of appropriation are:

• Someone used your name, likeness, or identity;
• They used it for their benefit, whether the benefit is economic or otherwise;
• You did not consent to their use; and
• Their use of it injured you

Intrusion Upon Seclusion

Intrusion upon seclusion or intrusion of solitude laws protects your right to privacy while in solitude or seclusion. This right extends to you or your private affairs. The perpetrator could be a snooping peeping tom or voyeur.

For example, it is an invasion of privacy for your neighbor to do the following:

• Peek through your windows
• Take pictures of you in your home (you have a reasonable expectation of privacy at home)
• Eavesdrop on your private conversations

The offender must take specific actions to be liable. There are two main elements for intrusion upon seclusion:

• Someone intruded into your private affairs, isolation, or solitude without your consent or approval; and
• A reasonable person would think the intrusion is objectionable

False Light

False light laws protect you from disclosure of misleading or damaging information about you. This includes disclosing information that may be true but is nonetheless misleading or damaging.

For example, suppose a photographer takes a picture of you watching a protest. It could be an invasion of privacy if the website includes a photo with a caption that says you were participating in the protest.

Generally, the elements of false light are as follows:

• Someone publicly disclosed information about you;
• The information portrayed you in a false or misleading light; and
• The way you were portrayed is highly offensive to a reasonable person of ordinary sensibilities

In many states, you also must prove that the person who disclosed the information acted with either:

• Actual malice
• Reckless disregard
• Negligence

Which of the above you must prove depends on whether you are a public or private figure.

Public Disclosure of Private Facts

Public disclosure of private facts laws protect you from having the details of your personal life made public. This offense occurs when someone reveals private information or confidential information in a public forum such as a social media platform or a magazine.

For example, it is likely an invasion of privacy if someone publishes information about your:

• Health
• Sexual conduct
• Financial troubles

While state laws vary, the general elements of disclosure of private facts are as follows:

• Someone published information about your private life;
• A reasonable person would think the information is highly offensive; and
• The information is not a legitimate public concern

Generally, the publisher must publish the information in a way that makes it substantially certain to become public knowledge.

There are strict state and federal laws broadly prohibiting debt collectors from engaging in false, deceptive, misleading, abusive, and harassing debt collection practices.
Under the federal Fair Debt Collection Practices Act, a debt collector may be liable if their actions or statements that are:

• Harassing
• False
• Threating
• Unfair
• Knowing you have an attorney

If you are being mistreated by debt collectors, find out what your legal rights are. Seek the advice and representation of experienced legal counsel by contacting our office.

Securities fraud, in its most basic form, happens when consumers are misled into buying investments based on false or inaccurate information about a company, its operations, financial condition, or future earning potential. In other cases, corporate misconduct, such as mismanagement or misstatements of earnings, may arise. Securities fraud cases are extremely complex and require experienced lawyers with special skills to navigate the process.

If you lost money on an investment because of false or misleading information, you may have a case for securities fraud. We fully investigate the company to identify any misleading or improper acts, representations, or omissions that investors should have known about prior to investing.

We focus on one primary type of securities fraud: deceptive, misleading, or improper statements in connection with the purchase or sale of securities resulting in investment losses.

Victims have the right to recover their investment losses as a result of the fraud.

An unexpected illness, loss of employment, or divorce may cause financial hardships that make it difficult to maintain payments on your car loan. While you juggle to keep up with payments, banks and lenders are taking steps to get paid.
If you anticipate a repossession, remove the items in your vehicle. Although personal property can be retrieved after repossession, items could go missing or be damaged in the process of repossession. Also, note the mileage and photograph or video the car’s condition—interior and exterior.

During the repossession, the repossession agent cannot breach the peace, threaten you, or forcibly enter your property (including your garage).
After the repossession, your lender is required to send certain notices to you within strict time periods, including:

• Notice of Repossession and Intent to Sell Property
• Notice of Deficiency or Surplus

After your vehicle is sold at auction, the lender may assign collection responsibility to an agency or debt collection law firm. If the debt is not collected, the lender may file a lawsuit.

If you have been sued, do not ignore it. A default judgment could be entered against you and the lender could seize your bank account, property, or in many states, issue a wage garnishment.