Federal and state governments have enacted laws, known as "consumer protection" laws, "consumer fraud" acts, or "unfair trade practices" acts that provide consumers with protection from unfair or deceptive acts as well as improper or illegal advertising, marketing, and pricing practices. When these consumer protection laws are violated they frequently affect a large class of consumers.
In the consumer protection area, MURRAY, FRANK & SAILER LLP as lead counsel has represented consumers in class actions involving, inter alia, misleading uniform public statements concerning wrongful billing practices and poor service by wireless communications providers; material changes to the terms of a home equity loan by a bank without notice to the borrowers; wrongful billing practices by credit card companies, banks and retailers; mislabeling of imported olive oil; mislabeling of domestic pasta; brokerage fees imposed with no or insufficient notice; Medicaid overcharges; and faulty automobile seat heaters.
Among its cases of note, MURRAY, FRANK & SAILER LLP recovered benefits worth $40 million in Naevus Int'l v. AT&T Corp., a consumer class action brought in New York State Supreme Court on behalf of consumers who subscribed to AT&T's Digital One Rate wireless service. In 2005, the firm settled with Volkswagen of America, forcing a recall of all 2003 and 2004 Volkswagen Jettas for faulty automobile seat heaters.
In Sclafani v. Barilla America, Inc., a consumer class action brought in New York State Supreme Court on behalf of consumers who purchased Barilla brand pasta, MURRAY, FRANK & SAILER LLP successfully argued that Barilla's packaging misled consumers into believing the company's pasta was made in Italy, obtaining a reversal of a trial court dismissal.
Similarly, in Lomenzo v. Bertolli USA Inc., a consumer class action brought in New York State Supreme Court on behalf of consumers who purchased Bertolli brand olive oil, MURRAY, FRANK & SAILER LLP successfully argued that Bertolli's labeling misled consumers into believing the company's olive oil was Italian.
MURRAY, FRANK & SAILER LLP is currently counsel in a lawsuit against LG Electronics USA, Inc., alleging that the company's front-loading machines contain serious design defects causing accumulation of mold and mildew in the machines, production of foul and noxious odors and consequently damaging clothes washed in the machines.
MURRAY, FRANK & SAILER LLP also represents plaintiffs in a consumer class action against National City Bank.
We invite you to contact us to discuss any problems you might be experiencing with items recently purchased that appear to be defective, or which do not appear to be fit for the ordinary purposes for which they have been purchased.