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Employment law and consumer protection, explained by the attorneys who litigate it. Straight answers on your rights at work and in the marketplace.

Consumer Rights

Wells Fargo Sued For Spam Text Messages

While Wells Fargo does offer a free service to its customers known as “text banking” in which customers are able to receive account information via text message. In order for this service to comply with the Telephone Consumer Protection Act, (TCPA), customers must enroll in the program in order to receive the messages. Additionally, under the FCC’s […]

Consumer Rights

Vishing and Smishing - the new phone scams…

Vishers (Scammers) will pose as a local bank or other legitimate business that consumers find trustworthy in order to con them into providing their personal information. These scam artists will use “spoofing” to make the number that appears on your caller ID match the number of a trusted establishments If you have received a vishing call claiming […]

Consumer Rights

Spotting a Telemarketing Scam

Usually, telemarketing scam artists won’t give you time to think about their pitch, out of fear that if they give you time you will figure out that they are not legitimate. Consequently, they pressure you into saying “yes” immediately. The following are some red flag examples… “You have been specially selected.”“You have won one a valuable prize!” (but you have not entered any contests)“You’ve won money in […]

Employment Law

California Trucking Company Caught Improperly Classifying Drivers To Avoid Paying Overtime

According to a PR Newswire release, drivers for Seacon Logix were made to sign agreements, labeling them as independent contractors. Consequently, making them ineligible for overtime pay. However, when 4 truck drivers filed wage claims with the Long Beach office of the California Labor Commissioner, it was determined that Seacon exercised sufficient enough control over its […]

Employment Law

Disney Sued For Wrongful Termination

Robert Klein, a former Disney manager has filed a lawsuit in Federal Court claiming that Disney wrongfuly terminated him in retaliation for reporting the sexual harassment of a male employee. According to Klein, in 2011 he reporting that a female employee had sent “lewd” and “pornographic” messages to another Disney employee. (Robert Klein v. Walt Disney Company case:2:13-cv-01358) “Disney’s retaliatory actions […]

Employment Law

Dairy Queen Franchisee Sued For Sexual Harassment and Wrongful Termination

Dairy Queen Franchise operator, YS&J Enterprises, Inc., will pay $17,500 and furnish significant remedial relief to settle a sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). (EEOC v. YS&J Enterprises, Inc. d/b/a Dairy Queen, Civil Action No. 1:11 CV 01103), According to the EEOC’s lawsuit, 18-year-old Chastity Hill-Cox was harassed […]

Employment Law

EEOC Sues RadioShack For Age Discrimination

According to the lawsuit, 25-year RadioShack employee, David Nelson, age 55 was assigned a new 43-year-old regional manager to supervise him. Within 4 months of the new supervisor’s arrival, Nelson, who had a spotless performance record, was placed on 2 “performance improvement plans.” Nelson believed that he was being discriminated against by his new supervisor […]

Employment Law

California Real Estate Company Sued For Disability Discrimination

Real Estate Auction company, REDC Default Solutions in Irvine, California will pay $50,000 to settle a disability discrimination lawsuit brought by the Equal Employment Opportunity Commission (EEOC) following allegations that they unlawfully failed to accommodate a disabled worker. (Civil Action No. 3:12-cv-03885-D in U.S. District Court for the Northern District of Texas). According to the EEOC, Asset […]

Employment Law

Disability Discrimination Employment Lawsuit Filed Against Sony Electronics

The Equal Employment Opportunity Commission, (EEOC) filed a disability discrimination lawsuit today against Staffmark Investment LLC and Sony Electronics, Inc., following allegations that they terminated temporary employee, Dorothy Shanks because of her disability, in violation of the Americans with Disabilities Act (ADA). (EEOC v. Staffmark Investment LLC and Sony Electronics, Inc, N.D. Ill. No. 12-cv-9628). According to the […]

Consumer Rights

BMW faces class action lawsuit due to defective alloy tires

According to the lawsuit the 17-inch and larger alloy wheels in 2007 or later BMW 5 Series cars are subject to premature cracking under ordinary driving conditions, putting drivers at risk. Lead plaintiff Ki-Teh Kim bought a used 2007 BMW 5 Series covered by a 4-year/50,000-mile limited warranty and when a low tire pressure warning appeared on the […]

Consumer Rights

Are Debt Collectors Harassing You About A Dead Family Member’s Debts

Because the number of consumers dying in debt has grown in recent years, the FTC has gotten numerous complaints from people who are being pursued by debt collectors regarding their loved ones’ debts. Often times, debt collectors will tell the grieving family members they have a moral obligation to pay, especially if they benefitted from the purchases […]

Consumer Rights

Caribbean Cruise Line Sued For Spam Calls To Cell Phones

The lawsuit alleges that Caribbean Cruise Line made unsolicited robo-dial calls to consumers on their cell phones, in violation of Telephone Consumer Protection Act, (TCPA). According to the plaintiffs, the robo-calls were made under the guise of conducting a political survey. However, in reality, the survey was a ruse to gain the opportunity to sell cruises to consumers. Caribbean Cruise Line submitted […]

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