Lehrmanclassaction.com discusses how you can take a lawsuit against Juul products.

Juul Lawsuits for People Who Have Been Injured by Juul Products

Juuling, which is a kind of vaping, is named after the popular Juul e-cigarette. This form of vaping makes up approximately 30 percent of the e-cigarette market. And although these types of e-cigarettes are intended to help adults quit smoking, teens are rapidly becoming hooked on them—and this has led to legal action against vape companies.

One such case was recently filed by a New York teen who argues that the company hooked him on flavored e-cigarettes through the use of deceptive advertising. The teen, who is now 19 and began Juuling at only 15 years old, claims to suffer from serious medical problems due to his addiction to Juul’s products. The suit, which is seeking class-action status, contends that the teen never smoked regular cigarettes but was attracted to vaping due to misleading advertising online and in local stores. He quickly became addicted to the company’s flavored pods and still uses them today.  

The suit alleges that the teen, based on JUUL’s advertisements, believed these products were safe and wouldn’t cause adverse health effects. In addition, the lawsuit contends that Juul fraudulently marketed its products to minors using themes including popularity, sexuality, social events, parties, and celebrity.

The lawsuit is one of over 150 such suits filed against Juul since 2018, and it comes amid growing backlash against vaping. In fact, many states have begun to ban flavored vaping liquids, including New York, Michigan, Rhode Island, and Massachusetts. Public health officials have reported over a dozen vaping-related deaths nationwide and over 800 cases of breathing and lung illnesses that are believed to be related to e-cigarette use. Most troubling is the fact that many of the victims of Juuling and vaping are individuals under the age of 18 years old. In New York, for example, it is estimated that nearly 40 percent of high school seniors and 30 percent of overall high school students use vaping products.  

Are you suffering from health problems due to Juuling? 

If you are suffering from health problems due to Juuling or vaping, you need an experienced Florida class action attorney on your side. Our class action team has successfully prosecuted consumer class-action lawsuits against a variety of large corporations. In fact, we have secured judgments and settlements totaling more than $100 million for consumers and businesses. Our cases cover a range of illegal business practices, including illegal robocalls, unfair debt collection practices, consumer overcharges, defective and dangerous products, fraud and false advertising, breach of contract, mortgage fraud, and unfair business practices. Our class action team has the tools and experience necessary to effectively present our case and get you the results you deserve. Therefore, if you have been victimized by the vaping industry in any way, please contact our experienced class action attorneys today for a consultation. 

Lehrmanclassaction.com discusses how federal lawmakers seek to stop unwanted robocalls.

Federal Lawmakers Seek to Stop Unwanted Robocalls

Federal lawmakers recently introduced legislation intended to provide Americans with relief from unwanted robocalls. With the introduction of the Traced Act and the Stopping Bad Robocalls Act, lawmakers have put telemarketers on notice regarding unwanted robocalls. The Traced Act addresses the use of spoofed calls with fake caller IDs, while the Stopping Bad Robocalls Act requires rules that are intended to prevent abusive and unwanted robocalls. 

Understanding the Stopping Bad Robocalls Act

Americans receive more than 4 billion robocalls every month, with the top sources of robocalls being creditors and debt collectors. The Stopping Bad Robocalls Act proposes relief to consumers by amending the Telephone Consumer Protection Act to require telemarketers to obtain consent prior to making calls. In addition, the Act requires telemarketers to cease calling consumers when requested. Under the current Telephone Consumer Protection Act, nonconsensual calls placed to cell phones made using an automated dialing system are prohibited. However, some telemarketers have argued that they are exempt from this law due to an argument over the definition of the term “autodialer,” which is an important part of the law’s language. This recent legislation is intended to address this issue and make clear that nonconsensual robocalls of any kind are unacceptable. 

Strongly opposed to these bills are the debt collectors and creditors who stand to benefit from the use of robocalls, some of whom are powerful and influential corporations. These organizations argue that consumers benefit from robocalls from telemarketers and debt collectors and that the proposed legislation is far too burdensome. 

By introducing these two strong bills, federal lawmakers have put telemarketers on notice that consumers are fed up with unwanted robocalls. However, it remains to be seen whether this legislation will ultimately be signed into law. In the meantime, all consumers affected by robocalls should take action to address this issue. And the best way to take action is to immediately contact a Florida TCPA attorney.

Contact our experienced Florida TCPA attorney today 

If you are a victim of unwanted robocalls, you need a Florida TCPA attorney on your side. With the assistance of an experienced Florida TCPA lawyer, you may be entitled to up to $1500 for each documented violation of the TCPA law. Unsolicited robocalls are not only annoying—they’re against the law. Debt collection calls, advertisements, fraudulent schemes to swindle consumers out of money, identity theft scams, and calls seeking personal information are just a few of the types of unwanted calls with which today’s consumers find themselves bombarded. If you are a victim of telemarketer harassment of any kind, Seth Lehrman is here to help. Attorney Seth Lehrman represents people who have received unwanted robocalls or texts in TCPA cases in Florida and nationwide. If you have received unsolicited calls from telemarketers or have been subjected to other harassing behavior by telemarketers, please contact our law firm for a free consultation.

Lehrmanclassaction.com discusses some important robocall facts and statistics.

Consumers Need to Know These Important Robocall Facts and Stats

For most people, unwanted phone calls from telemarketers are a common part of life. This problem is far more widespread than most people are aware. As is discussed below, billions of prerecorded calls from telemarketers, also known as robocalls, are made each month. Robocalls are automated calls that deliver a prerecorded message. Robocalls are used for a variety of purposes, many of which are scams. For example, some robocalls personalize the message to appear that a live person is making the call. Signs of a robocall include a pause or clicking noise at the start of the call or a prerecorded message at the start of a call. Unfortunately, many people believe that they are powerless to stop these calls. Luckily for consumers, this isn’t true. If you are a victim of telemarketer harassment, please review the information below and contact a Florida TCPA attorney as soon as possible to discuss your compensation options.   

Robocall Facts

Robocalls are a far greater problem than most people realize. The numbers are quite staggering. For example, the Robocall Index reports that 4.7 billion robocalls were placed in July 2019 alone. This breaks down to: 

  • 150.8M robocalls per day
  • 6.3M robocalls per hour
  • 1.7K robocalls per second
  • 14.2 robocalls per consumer

In addition:

  • Approximately 44% of robocalls were scams 
  • 12% of robocalls were from telemarketers
  • Approximately one-third of all robocalls are considered high risk or nuisance
  • Robocall user feedback has increased
  • The use of invalid phone numbers by telemarketers is on the rise

What can I do about robocalls?

You don’t have to accept robocalls as a daily part of life. There are several things you can do to fight back, including:

  • Register with the National Do Not Call Registry
  • Submit a complaint to the FCC
  • Hire a Florida TCPA attorney

Contact Our Experienced Attorney Today 

If you are a victim of unwanted robocalls, you need a Florida TCPA attorney on your side. With the assistance of an experienced Florida lawyer, you may be entitled to up to $1500 for each documented violation of the TCPA law. Unsolicited robocalls are not only annoying—they’re against the law. Debt collection calls, advertisements, fraudulent schemes to swindle consumers out of money, identity theft scams, and calls seeking personal information are just a few of the types of calls with which today’s consumers find themselves bombarded.

If you are a victim of telemarketer harassment of any kind, Seth Lehrman is here to help. Attorney Seth Lehrman represents people who have received unwanted calls or texts in TCPA cases in Florida and nationwide. If you have received unsolicited calls or have been subjected to other harassing behavior by telemarketers, please contact our law firm for a free consultation.

Seth Lehrman discusses the most common credit report errors and solutions.

Common Credit Report Errors (and Solutions)

Credit report errors can have a devastating effect on your financial situation. Things, like buying a home, applying for a credit card, and even entering certain professions, can hinge on the accuracy of your credit report. Therefore, it is imperative that you take steps to correct credit report errors before they negatively impact your life. Common credit report errors include:

  • Account inaccuracies  
  • Identity errors 
  • Fraudulent accounts

If your credit report contains inaccuracies, please review the information below and contact a Florida consumer protection and commercial litigation attorney as soon as possible. 

What to do if your credit report has errors

If you discover errors on your credit report, you should take the following steps: 

Contact the credit reporting bureau 

Following the discovery of an error on your credit report, you should contact the credit reporting bureau to report the error. The Fair Credit Reporting Act (FCRA) requires credit reporting companies to correct inaccurate or incomplete credit report information. Therefore, if there is an error on your credit report, the law is on your side. In order to report the error, you should send a letter to the credit reporting bureau via certified mail. In this letter, detail all the disputed information and a request to have it removed from your credit report. Following the receipt of your letter, the credit reporting bureau must investigate the issue within 30 days and notify the creditor reporting the information to perform an investigation. If the creditor discovers that the disputed information is inaccurate, it is required to notify all three national credit reporting companies.

Contact the creditor directly 

If a creditor has reported incorrect information to the credit bureaus or you believe you may be a victim of identity theft, you may need to contact the creditor directly. Make sure that you document any contact you have with the creditor. Although this may not immediately solve your problem, it can assist you down the road in having the incorrect information removed from your credit report. This is particularly true if you hire an experienced Florida consumer protection and commercial litigation attorney to assist you. 

Contact a Florida consumer protection and commercial litigation attorney  

If you have errors on your credit report or feel that your rights as a consumer have been violated in any way, you need experienced legal representation on your side. Whether you have been the victim of fraud, telemarketer harassment, credit report errors, or identity theft, you may be entitled to compensation. Backed by decades of experience trying cases in state and federal court, Seth Lehrman and the Edwards Pottinger team will fight to ensure that your legal rights are protected. Our attorneys are committed to fighting for your rights and holding responsible parties accountable for violating federal and state consumer protection laws. Please contact us now to schedule a consultation.

Take legal action against telemarketer harassment

Can I Take Legal Action Against Telemarketers?

We’ve all received unwanted phone calls or texts from telemarketers. In fact, telemarketers often persist in contacting us even after we’ve asked them to stop. Sadly, many people believe that they are powerless to stop telemarketer harassment. But this couldn’t be further from the truth. What most people don’t realize is that there are strict laws and guidelines that telemarketers must follow, and violations are taken very seriously by authorities. Below is some information on the legal steps you can take to stop telemarketer harassment. 

Register with the National Do Not Call Registry

In addition to instructing telemarketers to not contact you again, you can register your phone number with the National Do Not Call Registry. Following registration, telemarketers are supposed to cease contacting you after 31 days. If you continue to receive calls after this initial 31-day period, you can file a complaint with the registry. 

Submit a complaint 

The Federal Communications Commission (FCC) is the agency responsible for ensuring that companies don’t violate the Telephone Consumer Protection Act (TCPA). This is the primary law regulating the behavior of telemarketers. Since most unwanted calls from telemarketers violate the TCPA, you can report such behavior directly to the FCC. 

Hire a Florida TCPA attorney 

Finally, if you are a victim of telemarketer harassment, you should consider hiring a Florida TCPA attorney. With the assistance of an experienced Florida lawyer, you may be entitled to up to $1500 for each documented violation of the TCPA. Specifically, victims of telemarketer harassment may be compensated as follows:

  • $500 for each violation of the Do Not Call Registry
  • $500 for each violation of the TCPA
  • $1500 for each knowing and willful violation of the TCPA

However, in order to receive compensation, it’s imperative that you document this behavior. For example, it’s a good idea to keep a written record of all unwanted contact after you instruct the telemarketer to stop calling you. Also, you should take screenshots of each unwanted call or text you receive. With this kind of information, your attorneys will be better equipped to fight for you. 

Contact our experienced attorney today

Unsolicited contact from telemarketers is not only annoying—it’s against the law. Debt collection calls, advertisements, fraudulent schemes to swindle consumers out of money, identity theft scams, and calls seeking personal information are just a few calls that consumers are bombarded with. If you are a victim of this type of harassment, Seth Lehrman and the Edwards Pottinger team are here to help. Attorney Seth Lehrman represents people who receive unwanted calls or texts in TCPA cases in Florida and nationwide. If you receive unsolicited calls or experience other harassing behaviors by telemarketers, contact our law firm for a free consultation.

How to Choose a Class Action Attorney in Florida

Businesses often engage in deceptive practices that harm consumers. Abusive robocalls, bait-and-switch advertising, and other unscrupulous business practices are a major problem in Florida and the United States. These kinds of practices not only harm consumers, but they often violate both state and federal laws in the process. One way in which aggrieved consumers can fight back is through class action lawsuits.

What is a class action lawsuit?

A class action lawsuit is a legal action that involves a class of individuals who share similar or identical injuries as a result of a defendant’s actions. Common types of class action lawsuits include:

  • False advertising and fraud
  • Breach of contract
  • Mortgage fraud
  • Unfair business practices
  • TCPA cases involving abusive junk texts, robocalls, or unsolicited fax advertisements
  • Unfair and illegal debt collection practices
  • Consumer overcharges
  • Defective and dangerous products

Choosing a class action attorney in Florida

Attempting to take on a big company by yourself in the legal arena is extremely difficult. Therefore, if you have suffered injuries similar to others at the hands of a corporation, you need the assistance of a Florida class action attorney. When choosing a class action attorney in Florida, you should look for the following:

  • Experience – Experience is extremely important when selecting a class action attorney to handle your case. In addition to choosing a Florida class action attorney with years of class action experience, you should select a firm that has experience handling cases similar to your own. For example, if you have suffered injuries due to a defective and dangerous product, you should make sure that your class action attorney has experience handling this type of case.
  • Resources – Make sure that the class action attorney you’re considering has the resources required to handle your case. In addition, the attorney you select should have a proven track record of fighting big companies in court, as this is often an indication that a firm has ample resources.
  • Stability – Finally, when choosing a class action attorney, look for a stable law firm with a great track record. A history of successfully handling large class action lawsuits is an excellent indication that a firm is stable and respected.  

South Florida Class Action Attorneys

Class action lawsuits require experienced and aggressive legal representation. At Edwards Pottinger LLC, we are skilled litigators and experienced trial attorneys who routinely pursue civil lawsuits against powerful individuals, organizations, and big businesses on behalf of individuals and small businesses. As part of our class action practice, our South Florida Class Action Attorneys are committed to protecting victims, achieving justice for consumers, protecting privacy, and supporting people who blow the whistle on fraud. If you require legal assistance, we’re ready to put our knowledge and skill to work for you. Please contact us immediately for a free consultation.

Here’s What to Do When Debt Collectors Break the Law

A law called the Fair Debt Collection Practices Act (FDCPA) is intended to protect consumers from aggressive debt collectors and agencies. When a debt collector violates this law, he or she faces serious potential consequences. If you’ve been negatively affected by a debt collector’s illegal practices, there are several actions you may take to remedy the situation. These options, however, are most effective when pursued with the assistance of experienced South Florida Class Action Attorneys. So, if you are a victim of illegal debt collection practices, review the options below and immediately contact our South Florida class action attorneys as soon as possible.

Take the debt collector to state court

If you are a victim of illegal debt collection practices, you may sue the debt collector in state court. In your lawsuit, you must demonstrate that the debt collector violated the FDCPA. If you are successful, you may be entitled to financial compensation.

Report the violation

You may contact the Federal Trade Commission (FTC) or Consumer Financial Protection Bureau (CFPB) to report FDCPA violations. And if a debt collector has violated state laws, you may also contact the Attorney General’s office to receive guidance on a possible FDCPA lawsuit and for a possible state law action against the debt collector. Reporting the violation will help to ensure that other consumers aren’t victimized in the future.

Use the violation to your advantage

Finally, if you actually owe money to the debt collector and would like to settle your debt, you may be able to use the debt collector’s violation of the FDCPA to your advantage. Understanding the high cost of an FDCPA lawsuit, a debt collector in violation of the law may be receptive to a proposal to settle your debt. This can be particularly effective if you have hard evidence of the debt collector’s violation. Of course, before pursuing this or any of the above options, it is necessary to first contact a South Florida consumer protection and commercial litigation attorney.

Florida Consumer Protection and Commercial Litigation Attorney

If you are a victim of illegal debt collection practices, you need aggressive legal representation. At Edwards Pottinger, our experienced Florida attorneys are dedicated to fighting marketplace injustice in all its forms, including illegal debt collection practices. Backed by decades of extensive experience trying cases in both state and federal court, Seth Lehrman and the Edwards Pottinger team are widely recognized for helping victims of unfair business practices achieve the justice they deserve. Regardless of your legal issue, our aggressive and compassionate Florida attorneys will take the time to discuss your rights, explore your options, and help you navigate the legal system. Therefore, if you or a loved one have been victimized by the illegal practices of a debt collector, please contact us immediately to schedule a consultation and begin your road to financial recovery.

How to Tell if a Debt Collector is Breaking the Law

Laws dictate what debt collectors are and aren’t allowed to do. Unfortunately, some debt collectors ignore these laws, harassing and even threatening debtors in the process. If you’ve recently been contacted by a debt collector, it’s important to understand your rights. Review the following list of ways that debt collectors break the law, and immediately contact our experienced South Florida Class Action Attorneys if you believe you’ve been subjected to illegal debt collection practices.

Harassment

Debt collectors are forbidden from calling you repeatedly to harass you. If you believe that a debt collector is contacting you too often, you should make a record of each call. In addition, you should save any messages left by the debt collector. By law, a debt collector may not contact you before 8 a.m., after 9 p.m., or at times you’ve told the collector are inconvenient for you. Therefore, you should also make note of any contact by the debt collector during these times.

Threats

Debt collectors are forbidden from threatening you. For example, they aren’t permitted to threaten you with criminal prosecution, a lawsuit, jail time, or wage garnishment for failure to pay a debt. Rather than threatening you, a debt collector must actually take you to court in order to take any of these actions—if they are actually permitted to take them at all. Also forbidden are threats to contact others or improperly share information about your debt. And while debt collectors are permitted to contact third parties in an attempt to locate you, they may not share specific information with these parties about your debt.

Lying

Finally, debt collectors may not lie to you in an attempt to collect a debt. This includes lies related to the threats discussed above, such as threats of criminal prosecution, wage garnishment, a lawsuit, jail time, or a ruined credit rating when the debt collector actually has no intention of pursuing any of these remedies.

Florida Consumer Protection and Commercial Litigation Attorney

If you believe you’ve been the victim of illegal debt collection practices, you need aggressive legal representation. At Edwards Pottinger, our experienced Florida attorneys are dedicated to fighting marketplace injustice in all its forms, including illegal debt collection practices. Backed by decades of extensive experience trying cases in both state and federal court, Seth Lehrman and the Edwards Pottinger team are widely recognized for helping victims of unfair business practices achieve the justice they deserve. Regardless of your legal issue, our aggressive and compassionate Florida attorneys will take the time to discuss your rights, explore your options, and help you navigate the legal system. Therefore, if you or a loved one have been victimized by the illegal practices of debt collectors, please contact us immediately to schedule a consultation and begin your road to financial recovery.

What is a Class Representative?

A single class action lawsuit can involve thousands of plaintiffs. However, if each of these plaintiffs were to communicate with the court and the other party or parties, things could quickly get out of hand. It is for this reason that each class action lawsuit is initiated by a class representative. A class representative is a single person who, with the assistance of an experienced South Florida class action attorney, represents the interests of a large group of plaintiffs. In order to qualify as a class representative, an individual must have claims or defenses typical of the claims or defenses of his or her class. In addition, a class representative must be able to fairly and adequately protect the interests of the class. Below is an overview of the duties required of class representatives.

Duties of class representatives

In representing the members of a class in a class action lawsuit, a class representative must perform a number of duties. These duties include:

  • Fairly and adequately represent the class members – A class representative must consider the interests of the class members in a manner similar to his or her own.
  • Participate actively in the lawsuit – A class representative must participate actively in the lawsuit. Active participation may include things such as reading legal documents, testifying at deposition and trial, answering written interrogatories, producing requested legal documents, and keeping up with the status and progress of the lawsuit. Due to the technical nature of many of these tasks, it is advisable to seek the guidance of an experienced South Florida class action attorney prior to initiating a class action lawsuit.
  • Vigorously prosecute the litigation – A class representative must authorize his or her South Florida class action lawyer to do what is necessary to prosecute the case on behalf of the class members.
  • Provide appropriate notice to the class – A class representative is responsible for providing notice of important matters related to litigation to the members of the class. Often, a class representative will authorize his or her attorney to perform this duty.
  • Consider settlement offers – A class representative must consider settlement offers and other resolution options on behalf of the class members. When a settlement offer is made, the class representative and his or her attorney must review its terms and determine whether it is in the best interests of the class members.

South Florida Class Action Attorneys

Class action lawsuits require experienced and aggressive legal representation. At Edwards Pottinger LLC, we are skilled litigators and experienced trial attorneys who routinely pursue civil lawsuits against powerful individuals, organizations, and big businesses on behalf of people, victims, and small businesses. As part of our class action practice, our South Florida class action attorneys are committed to protecting victims, achieving justice for consumers, protecting privacy, and supporting people who blow the whistle on fraud. If you require legal assistance, we’re ready to put our knowledge and skill to work for you. Please contact us immediately for a free consultation.

Trial Victory

In May 2018, class action attorneys Seth Lehrman and Brad Edwards preserved their trial victory over the Trump organization through a settlement that required the Trump organization to immediately pay $5.4 million. The payout, representing 95% of the total judgment, ended more than four years of litigation, including two appeals, depositions of both Eric Trump and Donald Trump, and a trial.

The class action was filed by three members of Trump National Golf Club – Jupiter who insisted that the club had breached its contractual obligations by failing to refund deposits when they became due. The recovered monies were distributed to the class members.

In August 2016, Seth Lehrman, Brad Edwards and co-counsel tried a class action lawsuit against Trump National Golf Club Jupiter, which is owned by President Donald Trump’s Trump Organization. The attorneys won a $5.7 million judgment on behalf of the plaintiffs in a federal class action case against the golf club. They tried the case on behalf of 65 class members, including three class representatives. U.S. District Judge Kenneth Marra heard the case and entered the judgment on behalf of the class of club members in the full amount requested. Trump appealed the judgment.

Read the trial judgment here and click here for Judge Marra’s Findings of Fact.

The trial was held during the week of August, 15, 2016. It focused on whether Trump breached membership agreements by failing to refund deposit monies to the club member class. Plaintiffs claimed that Trump recalled their memberships when he refused them access to the club facilities. Once their memberships were recalled, Trump was required to refund deposits within thirty days. However, Trump failed to pay refunds, and refused the club members access to the facilities despite continuing to charge them dues.

At trial, plaintiffs presented testimony of Donald Trump through video depositions. Eric Trump, Trump’s lead acquisition attorney, the Trump club’s general manager and the former membership director all testified in person.

During an April 2015 deposition, Eric Trump testified that class members did have access to the club after Trump’s acquisition and that Plaintiff’s claim that they were denied club use was unfounded. However, at trial Eric Trump reversed course during Edwards’s cross-examination and admitted that members were indeed denied use of the club facilities as Plaintiffs had claimed. He explained his change in testimony by claiming he had “misspoke” throughout his earlier deposition.

Lehrman, Edwards and the case were featured in many media stories about the judgment. National media outlets covering the ruling included the Associated Press, Bloomberg, CNN, ESPN, Law360, NBC News, the New York Times and many others.

The attorneys also garnered coverage in a variety of South Florida media outlets, including the Daily Business Review, Palm Beach Post, South Florida Business Journal, Sun Sentinel, The Real Deal and WPTV.

We appreciate the commitment and resolve of our clients who stood up for their rights and the rights of class members and pursued the case through trial.