A Class Action lawsuit can occur when one or more individuals file suit on behalf of other people who have the same complaint. Many class action lawsuits arise from complaints resulting from a defective product or unfair business practice explains a Chicago personal injury attorney.
A Class Action lawsuit finds strength in numbers. Often thousands of people will be involved in a single case. Employee groups often form a single party when filing a suit against a company they work for. An Illinois personal injury lawyer states, “Vital to any Class Action is the strength and experience of the firm that represents the Plaintiffs.”
Several factors are generally present in class action lawsuits. Even though one person may file a Class Action lawsuit, the individuals potentially affected by the harmful product or illegal practice must exceed one. In addition, all individuals within the class must share common injuries or complaints according to a Chicago Class Action attorney.
A Consumer Protection Class Action is the most common type of case involving a “class” or group. These cases involve those who violate State and Federal laws that protect consumer rights. Examples include faulty services, misleading advertising, contract violations and scams. These lawsuits generally involve:
- Telephone providers
- Internet providers
- Insurance companies
- Credit card companies
- Manufacturers of defective products
If you would like more information on Class Action lawsuits or how to proceed with a claim, contact an experienced Chicago personal injury attorney today.
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Illinois personal injury lawyers have been discussing product liability laws in the previous posts. Auto products liability falls under product liability laws and consumers have the right to pursue legal justice if they have been injured by an auto product.
Despite years of researching unnecessary risks of injury and death due to defects in the automobile manufacturing industry, little progress has been made. Chicago personal injury attorneys fight diligently for consumer protection.
Consumer advocacy organizations have been calling for stricter regulations and changes to existing laws for years.
The National Institute of Highway Safety has not pushed for engineering recommendations but instead has supported guidelines that offer immunity of liability from gross negligence by the automobile manufacturers. Illinois personal injury lawyers believe change will not occur for consumer protection until the cost of restitution following serious injuries and death outweighs the costs of negligence. The main auto products liability cases include:
- Rollovers
- SUV rollovers
- Child or other occupant restraint defects
- Side impact protection failure
- Airbag failure
In the next post, Chicago personal injury attorneys will discuss the main auto products liability claims in further detail. If you have been injured as the result of a defective automobile product, you need an experienced and competent lawyer on your side.
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Products Liability Law can be complex as discussed by Illinois personal injury lawyers in the previous post. In this post, we will explain additional information on products liability and how to proceed if you have been injured by a defective product. Product liability law can be expensive because often times the Plaintiff is taking on a wealthy manufacturer with plenty of money to defend the case.
The main rule to remember regarding products liability is that the manufacturer of a product owes the consumer the obligation to “manufacture” and “design” a product that is reasonably safe. If the products are found to be “unreasonably dangerous,” or “unsafe for reasonably foreseeable uses,” the manufacturer can be held liable for injuries resulting from the product according to a Chicago personal injury attorney.
To receive compensation, the Plaintiff must prove the defect in the product existed in the manufacturer’s control, not after. In some cases, the distributor of the product can be liable. Manufacturers cannot place blame on the consumer, especially if warnings of potential danger were not given.
If you have been injured and you feel it was due to a defective product, save the product and get it into the hands of an experienced Illinois personal injury lawyer immediately. Do not change or alter the product. Do not give statements to anyone. Under products liability law, you have the right to have your case heard by a jury. Potential damages that may be awarded include lost wages, disfigurement, pain, suffering and future pain and suffering.
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Products Liability Law is extremely complex. You will need an experienced Chicago personal injury attorney if you have been injured due to a defective product. You will have to prove the product was defective and experienced attorneys can help you determine whether you have a case.
The first question that must be asked is “What is a product?” The definition varies from state to state. At this time, a federal products liability law does not exist. Illinois personal injury lawyers must determine if you were injured by a product according to Illinois state law. This question is generally addressed on a case by case basis.
Under Illinois law, services, human body parts, x-rays, living creatures and buildings are not a product. Building components such as lights, windows, steam pipes, guardrails and roofs are not products yet heating, a/c systems, ventilation systems and conveyor belts have been determined as being products in previous cases.
Contact a Chicago personal injury attorney if you live in Illinois and have been injured due to a manufacturing defect or a product design. Competent attorneys can help determine if you have been injured by a ‘product’ under Illinois law and if so, fight for proper compensation for damages.
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Rollover automobile, SUV and truck accidents have been a huge issue throughout the United States and in Illinois. Personal injury lawyers have represented many clients who have been injured in these dangerous accidents. Manufacturers have compensated victims of rollover injuries and deaths for years and are finally taking steps to protect the public.
In past years, car, SUV and truck manufacturers greatly ignored product defects causing inadequate passenger protection during rollover crashes. Many manufacturers relied on insufficient minimum government standards. The 1973 version of the federal roof crush standard for automobile manufacturers required a vehicle roof to be able to withstand static force of 1.5 times the empty weight of the vehicle or five thousand pounds, whichever was less. This standard does not accurately reflect the forces that an automobile, SUV or truck experiences in an actual rollover explains a Chicago personal injury attorney.
Recently, the National Highway Traffic Safety Administration (NHTSA) proposed an upgrade to the federal roof crush standard. The proposal would extend the standard of vehicles weighing ten thousand pounds or less to increase the applied force to 2.5 times the vehicle’s unloaded weight. The proposal aims to eliminate the current limit on the amount of roof crush (five inches) and instead would require enough head room to accommodate a passenger with a height range in the 50th percentile of men.
Manufacturers have been aware for years that vehicle roofs offer inadequate protection during a rollover accident. If you or a loved one has been injured in this type of accident, Illinois personal injury lawyers with experience in consumer and personal injury law can help you seek justice and obtain the compensation you deserve.
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The recent instability in the economy has caused many individuals concern over their credit rating in Chicago. Personal injury attorneys are advocates for consumer rights under provisions of the Fair Credit Reporting Act (FCRA). Individuals deserve justice when they have been subject to violations of the FCRA. Violations commonly occur and can be grounds for legal action.
The FCRA was originally passed for protection of accurate credit reports and consumer privacy. Illinois personal injury lawyers can help seek damages if you feel you have been the victim of the following violations:
Unauthorized Use:
Limitations are set as to when consumer reports can be requested. Collection agencies can access the reports if they are attempting to collect a debt. Extension of credit, court orders, written approval, or insurance applications are other lawful reasons to request a consumer report. A violation occurs if a credit report is requested for litigation or a political rival.
Deletion of Improper Information:
Any debt older than seven years or a bankruptcy older than ten years must be deleted. Credit reporting agencies have a duty to maintain accurate and current information. A violation of the FCRA occurs if any information reappears after being removed explains a Chicago personal injury attorney.
Protecting your credit rating is extremely important. Illinois personal injury lawyers with experience in consumer law can help protect you if a violation of the FCRA has occurred. Consumers have a right to privacy and accuracy of credit reports.
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As the nationwide financial crisis worsens, consumers need to take precautions to avoid being a victim of consumer fraud. Illinois personal injury lawyers have seen an increase in consumers being taken advantage of. From scams to debt collection abuse, consumers today need to protect themselves more than ever.
Many people are not sure when it is time to contact a Chicago personal injury attorney. The following examples highlight a few issues that can warrant legal action:
- Telemarketing Fraud
- Small Claims Court Counseling
- Receiving a Notice of an Arbitration
- Consumer Scams
- Living Trust Scams
- A Crack is Discovered in Your Home’s Foundation
- Receiving a Foreclosure Notice
- Fair Debt Collection Violations (See the Previous Post)
- A Creditor or Debt Collector Files a Suit Against You
- Your Vehicle is Repossessed
- You Have Been Injured Due to a Defective Product
- Vehicle Warranty Disputes
These examples only highlight a few examples of grounds to take legal action. Consumer fraud and issues can be vary greatly. How do you know if your case needs representation or advice? Illinois personal injury lawyers can help you determine whether to pursue legal action.
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In the last post, one of our Chicago personal injury attorneys gave information on disputing debt under the Fair Debt Collection Practices Act. The debt verification process is designed to provide you with accurate information regarding your debt so that you can make a decision on how to proceed. This post will continue the previous discussion and detail specific steps to follow if you choose to dispute a debt.
Illinois personal injury lawyers recommend sending a written dispute to the debt collection agency within thirty days of receiving written notice of debt. As discussed previously, debt collectors by law must stop all collection activities until you receive verification of the debt. Keep a copy of all written documents. If you can, send the letter via certified mail with a return receipt requested for proof the debt collector received it.
You must dispute the debt through writing. You can attempt to dispute a debt by phone but the debt collector can continue to conduct debt collection activities. Verification of debt does not have to take place until a written notice is received. Chicago personal injury attorneys stress the importance of disputing debt in a timely manner. Debt collectors do not have to verify debt if written notice is not received in thirty days. If more than thirty days has passed but you have strong evidence, you may still dispute the debt. Include copies of all supporting evidence.
Debt collectors cannot try to collect debt if they know you do not owe the money. In addition, the FDCPA prohibits any false statements about the character, legal status, or amount of your debt by debt collectors. According to Illinois personal injury lawyers, debt collectors cannot report any disputed debt to a credit reporting agency until it has been verified. If a debt collector reports a debt that it knows is false, it is a direct violation of the Fair Credit Reporting Act and the FDCPA. Contact a Chicago personal injury attorney with specialization in consumer affairs if you believe your consumer rights have been violated.
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In this series of posts, Illinois personal injury lawyers have been discussing consumer rights, consumer law and unfair debt collection practices. This post will detail your rights to dispute debt under the Fair Debt Collection Practices Act (FDCPA).
According to a Chicago personal injury attorney, once you dispute a debt, the debt collector has to cease all debt collection activities until it can prove you actually owe the debt. If proof cannot be provided, the debt collector cannot contact you in the future. If proof is provided you will have a better chance at determining a plan of action.
Under the FDCPA you have three main rights. These components include the right to be notified of the debt, contest the debt and to verify the debt. Time limits exist in these rights in Illinois. Personal injury lawyers with experience in consumer law can offer advice on how to proceed legally.
Debt collectors must send you a letter telling you the name of the creditor, the amount of debt owed and information about steps you can take if you feel a mistake has been made. They have five days after first contacting you to send this letter. You have up to thirty days to dispute the debt.
If you dispute the debt, you must send a letter to the debt collector and request the name and contact information of the creditor. The debt collector by law must verify the debt before pursuing any debt collection activities. Once the debt collector has verified the information, he or she must give you enough information for you to tell if you actually owe it. According to a Chicago personal injury attorney, the verification should include the debt amount, the date of the debt and contact information for the creditor. If you dispute the debt under the grounds of identity theft, the verification needs to include a signed original copy. If you are disputing the debt amount, information must include payments made, and any interest or fees charged.
If you live in the state of Illinois, personal injury lawyers can help protect your rights under the FDCPA. Debt collectors must follow the guidelines established under the FDCPA. Contact a Chicago personal injury attorney immediately if you feel your consumer rights have been violated.
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In Chicago, personal injury attorneys often represent consumers who have been the victim of Fair Debt Collection Practices Act violations. Debt collectors are often found guilty of conducting abusive or unfair practices and using harassing, abusive, false or misleading statements. The FDCPA was created to help protect consumers from unlawful debt collection practices. Illinois personal injury lawyers with experience in consumer law can help ensure your rights are fully protected.
The following statements are common violations of the FDCPA used by debt collectors:
- Threatening to have you jailed or arrested
- Using profane language
- Threatening to take any protected income or household items
- Threatening to cause any injury to you or your property
- Making any threats to scare you or instill fear
- Threatening to send credit reporting agencies any false information
- Misrepresenting the amount, legal status or character of your debt
- Pretending to work for a government or credit reporting agency
- Claiming to be an attorney or sending you fake legal papers
- Contacting you repeatedly with the intent to abuse, harass or annoy you
- Contacting you after you have sent a cease letter
- Contacting you in any way that would allow a third party to know they are a debt collector
- Collecting fees, expenses, charges or interest that were not authorized by the original payment agreement
Any of these practices are a direct violation of the Fair Debt Collection Practices Act. If you live in Chicago, personal injury attorneys can provide legal assistance and help protect you from debt collector harassment. Debt collectors have many strategies to collect money. Stay strong and know your rights.
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