Consumer

Represented California consumers against major financial services firm, alleging that the firm violated their privacy rights by recording telephone calls without their consent. The firm denied that they were recording telephone calls without consent, but defended the matter principally based on the fact that the recording device was located in Georgia, which permits one party to a telephone call to record it without the knowledge or consent of the other party. This legal question was decided by the Supreme Court of California, which unanimously ruled that whenever a company does business with Californians it must comply with California law, requiring that all parties to a telephone conversation consent before it is recorded. This ruling ensured that Californians will receive the protection of invasion of privacy envisioned by California’s legislature when it comes to their confidential telephone communications.

Represented a class of consumers in a lawsuit filed under the FCRA for statutory damages stemming from a defendant’s failure to make a “firm offer” of credit. Before the hearing on class certification, the case was resolved resulting in a non-cash settlement.

Represented elderly annuity holder in claims against annuity company for misreporting taxable versus non-taxable portions of annuity payments. Achieved a settlement before filing suit in which the annuity company indemnified our client for all taxes owed and possibly owing.

Prosecuted claims against national insurer on behalf of California policy holders based on the insurer’s unilateral change in the method of calculating the “cost of insurance” for each policy. Claims included breach of the insurance policy and violations of California consumer protection and fair business practices laws. The matter resulted in a settlement for all of our California clients.