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Consumer Protection and Product Liability Litigation

Safeguarding consumers and the public against unfair practices in the marketplace.

If you or your loved ones were victims of fraud or suffered injuries related to defective products, Knowles Law Firm will assist you to seek justice and hold the responsible parties accountable.

Contact a Consumer Protection & Product Liability Lawyer at

Consumers have the right to be informed, the right to choose, the right to safety, the right to be heard, the right to have problems corrected, the right to consumer education, the right to service, and the right to seek accountability. Many companies place profits over people by committing fraud. Consumer fraud can take the form of many different unfair and deceptive business practices used by corporations to get financial advantage while disadvantaging consumers and the public.

WHAT IS

Consumer Fraud?

The U.S. Federal Trade Commission (FTC) received around 2.4 million fraud reports from consumers in 2022. The most commonly reported conducts are imposter scams and online shopping scams. Examples of consumer fraud include the following:

  • False or Misleading Advertising
  • Bait and Switch Schemes
  • Automobile Defects
  • Insurance Fraud
  • Unfair and Deceptive Contracts
  • Overcharging or Improper Charges
  • Product Defects
  • Medical Devices Defects

The FTC cannot resolve and provide solutions to individual reports, but Knowles Law Firm can help you investigate and bring a case to get compensation for harm caused by fraud, scams, and bad business practices.

WHAT IS

Consumer Law?

Federal Food, Drug and Cosmetic Act

The FDCA authorizes the Food and Drug Administration (FDA) to oversee and regulate the production, sale, and distribution of food, drugs, medical devices, and cosmetics. It protects the general public from adulterated and misbranded products manufactured and sold in the U.S.

There are federal and state consumer protection laws designed to protect the public from improper behavior by companies, such as unfair, deceptive, and predatory business practices. Consumer law requires that companies adhere to the regulations that govern their business.
Consumer laws include the following:

Fair Debt Collection Practices Act

The FDCPA prohibits debt collectors from using unfair, deceptive, and abusive practices when attempting to collect on a debt. Violations can give rise to a claim against the companies to stop debt collector harassment, remove false information from credit reports, and even get compensation for damages. Violations include:

  • Calling consumers before 8:00 a.m. or after 9:00 p.m.
  • Causing a consumers phone to ring continuously
  • Threatening a consumer with jail for not paying a bill
  • Reporting false credit information
  • Threatening to take any action it is not legally allowed to take
  • Falsely representing they are a law enforcement officer or attorney

Fair Credit Reporting Act

The FCRA promotes the accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies, who cannot provide such information to anyone who does not have a purpose specified in the Act. The FCRA provides consumers with certain rights such as:

  • The right to know what is in their files
  • The right to dispute incomplete or inaccurate information and have it deleted or corrected
  • The right not to have their reports provided to employers without consent
  • The right to be notified when an adverse action is taken based on such reports
  • The right to ask for their credit score
  • The right to seek damages from violators

Telephone Consumer Protection Act

The TCPA prohibits telemarketers and debt collectors from using auto-dialed and pre-recorded calls and text messages when contacting consumers on their cell phones unless the consumer specifically consented to be contacted in this manner and has not revoked the consent. In some cases, violation of the TCPA may give rise to a right to compensation from $500 to $1,500 and put an end to harassing phone calls and text messages.

Truth in Lending Act

The TILA aims at protecting consumers against inaccurate and unfair credit billing and credit card practices. It requires lenders to provide consumers with written disclosures concerning finance charges and related aspects of credit transactions, including disclosing an annual percentage rate and loan cost information so that consumers can compare certain types of loans. The requirements can apply to:

  • Credit Cards
  • Open-end Credit
  • Mortgage credit
  • Loan origination
  • Anti-steering
  • Appraisal independence
  • Mortgage servicing
  • Others

Product

Liability

When a product is not fit for the ordinary purposes for which it is used, or does not do what it is supposed to do, it may be defective. Consumers may have a claim against a company due to a defective product, also known as a product liability claim. A consumer, who is injured or dies as a result of a defective product, can bring a claim and seek compensation. Product liability cases are brought under one or more legal theories, which include the following:

Defective Design

The grounds for this legal theory of product liability are that the product was designed in such a manner in which that it is likely to cause harm to a consumer, while a safer alternative design was available.

Failure to Warn

The grounds for this legal theory of product liability are that the company did not properly warn consumers of the inherent dangers associated with the product. A prior example of failure to warn claims involves tobacco litigation.

Manufacturing Defect

The grounds for this legal theory of product liability are that an error occurred during the manufacturing of the product that made the product defective for use by the consumer.

Fraudulent Concealment

Oftentimes, companies attempt to intentionally hide or conceal a defect in their product. This is known as fraudulent concealment. A prior example of fraudulent concealment is the Volkswagen Diesel Emissions scandal, in which VW deliberately attempted to conceal a defect in its diesel vehicles that would evade U.S. emissions standards, by installing software that would only activate emissions controls during emissions testing. Concealment is a tactic used by many companies to hide issues that they know are problematic and often illegal.

If you or a loved one has encountered consumer fraud, violations of your consumer rights, or product liability, you may be able to file a claim or lawsuit seeking compensation for your injuries.

Contact a Consumer Fraud & Product Liability Litigation Lawyer at

Contact us for inquiries

Knowles Law Firm, PC will advocate for your rights.

United States

768 St. Andrews Blvd.
Charleston, SC 29407
USA

Netherlands

WTC The Hague Business Center
Princes Margrietplantsoen 33
2595 AM The Hague, Netherlands

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