Consumer Protection

Graco Child Car Seat Fraudulent Marketing

Child car seats

Lieff Cabraser is investigating potential claims against Graco Children’s Products, Inc., for alleged improper and fraudulent marketing of child car seats. According to multiple reports, Graco has known–since at least 2002–that its TurboBooster and Affix booster seats are not suitable for children under forty pounds and four years of age, nor do they appreciably reduce the risk of serious injury or death from side-impacts or collisions.

Nevertheless, Graco aggressively markets its Affix and TurboBooster seats as “safe,” claiming they provide extra protection to children because they are “Graco ProtectPlus Engineered to help protect your children in frontal, side, rear & rollover crashes.” Graco reportedly knew, even while it was making representations to consumers about the professed safety of its booster seats, that the seats were not safe, should not be used by children under forty pounds, and provided little to no side-impact protection.

Graco also allegedly misled consumers into believing that the TurboBooster and Affix booster seats were “SIDE IMPACT TESTED [sic]” and provided side-impact protection without revealing that those representations were virtually meaningless; Graco designed its own side-impact tests that did not establish that the seats were safe. Recently released video shows that expert testing unmistakably demonstrated that a child seated in Graco booster seats could be in grave danger in such a crash.

Finally, among other misrepresentations, Graco also aggressively marketed the TurboBooster and Affix booster seats in the US as safe for children who weigh as little as 30 pounds even while, in Canada, Graco told consumers that a child that weighed less than 40 pounds risked “SERIOUS INJURY or DEATH” using the same Booster Seats.

Contact a Consumer Fraud Lawyer at Lieff Cabraser

If you purchased a Graco TurboBooster or Affix car seat at any time, we urge you to contact us today for a free, no-obligation consultation about your experience and potential rights and claims.


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ComEd Bribery & Power Rate Inflation

Power Generation Bribery Illinois

Lieff Cabraser and co-counsel represent Illinois power customers and ratepayers in a federal bribery class action lawsuit filed in August 2020 in Illinois against Commonwealth Edison. The suit alleges a corrupt scheme under which Commonwealth Edison funneled payments to the Speaker of the Illinois House of Representatives over many years to ensure passage of bills permitting ComEd to charge dramatically higher electric rates in Illinois dating back to 2011.

The bribery and corruption class action against ComEd alleges that over many years, ComEd paid bribes to Michael J. Madigan, the powerful Speaker of the Illinois House of Representatives, so that Madigan would ensure passage through the Illinois legislature of bills permitting ComEd to charge higher electric rates. The multi-year illegal scheme benefitted ComEd, defendant Exelon Corporation, and Madigan; the losers were public trust in government, the people of Illinois, and ComEd’s customers.

The complaint alleges that the scheme was part of a longstanding “pay to play” enterprise headed by Madigan, involving his network of loyalists as well as defendants and their individual employees and representatives.

As the complaint sets out, and as has been admitted publicly in a Deferred Prosecution Agreement between ComEd and the U.S. Department of Justice, ComEd hired Madigan’s associates as “subcontractors,” who were paid well (to the tune of more than $1.3 million) for little or no work, appointed another associate to its board of directors (without interviewing or even considering other candidates), and retained a particular law firm “with the intent to influence and reward” Madigan. Further, ComEd concealed its illegal payments using off-the-books payment records and fraudulent invoices.

Contact Lieff Cabraser

For more information, or to talk to a consumer protection lawyer at Lieff Cabraser, use the contact form below.


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Aarons TCPA

Telephone Consumer Protection Act (TCPA) Cases

Aaron’s Reaches $2.2M Settlement With Consumers in TCPA Autodialer Litigation

A proposed settlement has been reached in a class action lawsuit against rent-to-own retailer Aaron’s Inc. As reported by Law360 (subscription), the lawsuit alleges that the furniture and electronics dealer violated the Telephone Consumer Protection Act (“TCPA”) by using an automatic telephone dialing system and prerecorded voice to initiate calls to non-customer consumers. Note that you can visit the settlement website at www.aaronstcpasettlement.com.

The motion requesting preliminary approval of the unopposed class action settlement comes nearly two years after the plaintiff’s case was filed on claims that he repeatedly received pre-recorded phone calls from the retailer even though he had never conducted business with the company and never consented to being called.

Under the proposed settlement, Aaron’s has agreed to create a $2,175,000 cash settlement fund to compensate consumers who received autodialed calls from the company between June 8, 2014, through the date the court grants preliminarily approval to the settlement.

Lieff Cabraser has spearheaded a lengthy series of groundbreaking and successful class actions against various companies under the TCPA, including the instant suit. The settlements in these cases have put a stop to collectively millions of harassing calls by debt collectors and others and have resulted in the recovery by consumers across America of over $369 million to date, with additional actions continuing.

Contact us

If you have received what you feel are unwanted or abusive cell calls or text messages, please contact a national consumer protection attorney at Lieff Cabraser for a free review of your case.


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Retail Business Insurance Claim Denials

Coronavirus Shutdown Retail Business Insurance Claim Denials

Seeking Justice for Retail Clothing Stores and Other Retail Establishments

The retail industry has suffered a devastating reduction in business as a result of the COVID-19 pandemic and insurance companies are denying rightful business interruption insurance claims from retail stores across the U.S. who have faithfully paid costly insurance premiums for decades.

We think this improper conduct violates the law, and threatens to drive over 100,000 U.S. . We are working to seek justice rightful insurance payments for all affected stores and retailers.

CONTACT OUR TEAM TODAY

Contact us now for a free, no-obligation evaluation of your rights to seek insurance coverage for your losses. Let our team become your team, and work non-stop to win you the coverage you paid for.


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ABOUT US

  • Lieff Cabraser is an award-winning, 100-plus attorney international plaintiff law firm with offices in San Francisco, New York, Nashville, and Munich.
  • We are driven by a strong and principled sense of social responsibility and are known for our professional integrity.
  • We have the legal skills and financial resources necessary for handling large, complex cases, successfully litigating against many of the nation’s largest corporations, including insurance companies.
  • We have assisted our clients in recovering an astonishing $124 billion in verdicts and settlements.
  • We have resolved hundreds of class action lawsuits including the historic litigation against Volkswagen over its “Clean Diesel” emissions fraud; the Attorney General litigation against the tobacco industry; the litigation against European banks and businesses to recover assets taken from Holocaust victims and survivors; and most recently, a $250 million settlement from State Farm for defrauded auto insurance policyholders, which resulted in recognition from Public Justice as the “Trial Lawyers of the Year.”

HOW TO ACT

  • Submit a claim right now to your insurance company following the government-ordered shutdown of all or part of your business. This is time-sensitive as it is critical to file a claim within your current policy period.
  • If you are denied, contact our team by using the form below to start the conversation and learn how to recover your losses. We welcome the conversation even if you have a virus exclusion clause in your insurance policy.
  • We offer free legal consultations and contingency fee representation — you only pay us when we win compensation for you and/or your business. Our skilled legal team is here to champion your rights and work with determination and commitment to win fair compensation for your store’s wrongful and destructive denial of insurance coverage.

COVID-19 Hotel Motel B&B Business Insurance Claim Denials

Coronavirus Shutdown Hotel Motel B&B Insurance Claim Denials

Seeking Justice for Hotels, Motels, and B&Bs

The hospitality industry has suffered a devastating collapse in business as a result of the COVID-19 pandemic and insurance companies are denying rightful insurance claims from hotels, motels, B&Bs, and other core hospitality businesses who have faithfully paid costly insurance premiums for decades.

We think this improper conduct violates the law, and threatens to drive over 100,000 U.S. hotels and motels out of business. We are working to seek justice rightful insurance payments for all affected hospitality enterprises.

CONTACT OUR TEAM TODAY

Contact us now for a free, no-obligation evaluation of your rights to seek insurance coverage for your losses. Let our team become your team, and work non-stop to win you the coverage you paid for.


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ABOUT US

  • Lieff Cabraser is an award-winning, 100-plus attorney international plaintiff law firm with offices in San Francisco, New York, Nashville, and Munich.
  • We are driven by a strong and principled sense of social responsibility and are known for our professional integrity.
  • We have the legal skills and financial resources necessary for handling large, complex cases, successfully litigating against many of the nation’s largest corporations, including insurance companies.
  • We have assisted our clients in recovering an astonishing $124 billion in verdicts and settlements.
  • We have resolved hundreds of class action lawsuits including the historic litigation against Volkswagen over its “Clean Diesel” emissions fraud; the Attorney General litigation against the tobacco industry; the litigation against European banks and businesses to recover assets taken from Holocaust victims and survivors; and most recently, a $250 million settlement from State Farm for defrauded auto insurance policyholders, which resulted in recognition from Public Justice as the “Trial Lawyers of the Year.”

HOW TO ACT

  • Submit a claim right now to your insurance company following the government-ordered shutdown of all or part of your business. This is time-sensitive as it is critical to file a claim within your current policy period.
  • If you are denied, contact our team by using the form below to start the conversation and learn how to recover your losses. We welcome the conversation even if you have a virus exclusion clause in your insurance policy.
  • We offer free legal consultations and contingency fee representation — you only pay us when we win compensation for you and/or your business. Our skilled legal team is here to champion your rights and work with determination and commitment to win fair compensation for your establishment’s wrongful and destructive denial of insurance coverage.

A Place for Mom TCPA Litigation

Smart phones text message abuse

Lieff Cabraser represents plaintiffs in a class action lawsuit against A Place For Mom, Inc. alleging that the company called cell phones without the prior express written consent of the recipients as required by the federal Telephone Consumer Protection Act (“TCPA”) enacted to prevent abusive and harassing telephone calls and texts.

Settlement of the Litigation

A Settlement has been reached between the parties in the litigation. A Place For Mom denies that it did anything improper and the Court has not issued a ruling on whether the plaintiffs were in fact harassed by the calls.

A Place For Mom has agreed to pay a total settlement amount of $6,000,000, which will be used to create a Settlement Fund to pay cash Settlement Awards to Class Members, Plaintiff’s attorney fees and costs, any service award to the Representative Plaintiff, and expenses of settlement administration. Plaintiff’s counsel estimate that the Settlement Award to each Class Member who submits a valid and timely claim form will be in the range of $34.00.

The Settlement applies to all persons within the United States who, between August 7, 2013, and August 15, 2019, received, without their consent, a non-emergency call from defendant A Place for Mom, Inc., or any party acting on defendant’s behalf, to a cellular telephone.

A Place for Mom Consumer Litigation

Settlement Website: www.APFMTCPAsettlement.com

Court website: www.wawd.uscourts.gov

Case website: www.wawd.uscourts.gov/APlaceForMom

Additional Information as of May 2020

Case Settlement Final Approval Hearing

In light of the outbreak of Coronavirus Disease 2019 (“COVID-19”), the Court has indicated that it cannot be certain a final approval hearing can be conducted on the date or in the manner anticipated at the time it was previously scheduled. As a result, information is being made available through the Court’s website at www.wawd.uscourts.gov and at www.wawd.uscourts.gov/APlaceForMom, a page dedicated to this matter.

Class members are reminded, however, not to contact the Court about this matter or the status of the final approval hearing, and to direct all questions and/or correspondence to the Settlement Administrator and/or plaintiff’s counsel.


 

Coronavirus Business Insurance Claim Denials

Justice for Businesses

Coronavirus Business Insurance Claim Denials

JUSTICE FOR SALONS, STUDIOS, RETAILERS, AND GYMS ACROSS THE SERVICE INDUSTRY

The service and retail industries have suffered catastrophic interruptions as a result of government-ordered closures from the COVID-19 pandemic. Unfortunately, many insurance companies across the country are refusing to pay rightful business interruption claims from businesses that have faithfully paid expensive insurance premiums for decades.

We think these denials are an outrage that threaten to decimate America’s businesses large and small, from gyms and salons to yoga studios, myriad retailers, restaurants, and spas, and we have filed multiple lawsuits seeking justice on their behalf.

Gym Insurance Denials

ABOUT US

  • Lieff Cabraser is an award-winning, 100-plus attorney international plaintiff law firm with offices in San Francisco, New York, Nashville, and Munich.
  • We have been driven for nearly 50 years by a strong and principled sense of social responsibility and are known for our professional integrity.
  • We have the legal skills and financial resources necessary for handling large, complex cases, successfully litigating against many of the nation’s largest corporations, including insurance companies.
  • We have assisted our clients in recovering an extraordinary $124 billion in verdicts and settlements.
  • We have resolved hundreds of class action lawsuits including the historic litigation against Volkswagen over its “Clean Diesel” emissions fraud; the Attorney General litigation against the tobacco industry; the litigation against European banks and businesses to recover assets taken from Holocaust victims and survivors; and most recently, a $250 million settlement from State Farm for defrauded auto insurance policyholders, which resulted in recognition from Public Justice as the “Trial Lawyers of the Year.”

HOW TO ACT

  • Submit a claim with your insurance company following the government-ordered shutdown of all or part of your business. This is time-sensitive as it’s important to file a claim within your current policy period.
  • If you are denied, contact our team by using the form below to start the conversation and learn how to recover your losses. We welcome the conversation even if you have a virus exclusion clause in your insurance policy.
  • We offer free legal consultations and contingency fee representation — you only pay us when we win compensation for you and/or your business. Our skilled legal team is here to champion your rights and work with determination and commitment to win fair compensation for your business’s wrongful and destructive denial of insurance coverage.

Yoga Studio Insurance Denial

CONTACT OUR TEAM

Contact us now for a free, no-obligation evaluation of your rights to seek insurance coverage for your losses. Let our team become your team, and work non-stop to win you the coverage you paid for.


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COVID-19 Medical & Dental Practice Insurance Claim Denials

mpc usa today

Coronavirus Shutdown Dental & Medical Practice Insurance Claim Denials

SEEKING JUSTICE FOR DENTISTS & DOCTORS ACROSS THE U.S.

The health-care industry has suffered a devastating collapse in business as a result of the COVID-19 pandemic and many insurance companies across the country appear to be denying rightful practice insurance claims to dentists and other medical practitioners who have faithfully paid their costly premiums for decades.

We think this improper conduct violates the law, and threatens to shutter or damage dental and doctors’ offices nationwide to the detriment of the entire U.S. We are working to seek justice rightful insurance payments for all affected practitioners.

ABOUT US

  • Lieff Cabraser is an award-winning, 100-plus attorney international plaintiff law firm with offices in San Francisco, New York, Nashville, and Munich.
  • We are driven by a strong and principled sense of social responsibility and are known for our professional integrity.
  • We have the legal skills and financial resources necessary for handling large, complex cases, successfully litigating against many of the nation’s largest corporations, including insurance companies.
  • We have assisted our clients in recovering an astonishing $124 billion in verdicts and settlements.
  • We have resolved hundreds of class action lawsuits including the historic litigation against Volkswagen over its “Clean Diesel” emissions fraud; the Attorney General litigation against the tobacco industry; the litigation against European banks and businesses to recover assets taken from Holocaust victims and survivors; and most recently, a $250 million settlement from State Farm for defrauded auto insurance policyholders, which resulted in recognition from Public Justice as the “Trial Lawyers of the Year.”

HOW TO ACT

  • Submit a claim right now to your insurance company following the government-ordered shutdown of all or part of your business. This is time-sensitive as it is critical to file a claim within your current policy period.
  • If you are denied, contact our team by using the form below to start the conversation and learn how to recover your losses. We welcome the conversation even if you have a virus exclusion clause in your insurance policy.
  • We offer free legal consultations and contingency fee representation — you only pay us when we win compensation for you and/or your business. Our skilled legal team is here to champion your rights and work with determination and commitment to win fair compensation for your restaurant’s wrongful and destructive denial of insurance coverage.

CONTACT OUR TEAM TODAY

Contact us now for a free, no-obligation evaluation of your rights to seek insurance coverage for your losses. Let our team become your team, and work non-stop to win you the coverage you paid for.


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Fair Housing Act Litigation

Bank

Lieff Cabraser represented the City of Philadelphia in Fair Housing Act litigation against Wells Fargo that was successfully resolved in 2019 with a settlement wherein the bank paid $10 million to fund city programs for communities affected by lending discrimination as well as agreeing to other relief.

History of the Case

In 2017, Lieff Cabraser brought a class action lawsuit on behalf of the City of Philadelphia against Wells Fargo Bank accusing the lender of fraudulently deceiving mortgage customers facing bankruptcy with unauthorized loan changes that appeared to reduce payment amounts, but which did so at a cost of extending the home loans by decades. As a result of this predatory conduct, the borrowers would have monthly payments for far longer and would ultimately owe the bank much more money.

The loan changes came as a surprise to the borrowers, but the payment reductions — which when discovered seemed like a welcome respite to those facing financial hardship — had a disastrous price tag buried deep in the restructuring details that would keep borrowers indebted to the bank for vastly increased periods of time. As the complaint alleged, any change to a payment plan for a person in bankruptcy is subject to approval by the court and the other parties involved, but Wells Fargo put through radical changes to these home loans without such review or approval.

The bank claimed these allegedly unapproved loan modifications were part of a trial program seeking to help the borrowers remain in their homes, but critics note the changes put the home owners at much greater risk of defaulting, and were likely to leave the loan recipients prey to foreclosure at a future time, especially given the significant extensions of the overall loan period.

COVID-19 Business Interruption & Insurance Claim Denials

Justice for Restaurants

COVID-19 Restaurant Insurance Claim Denials

JUSTICE FOR RESTAURANTS

The hospitality industry has been devastated by the COVID-19 pandemic and many insurance companies across the country are denying rightful business interruption claims from restaurants that have faithfully paid their costly premiums for decades.

We think this is an atrocity that threatens to further decimate America’s beloved restaurants, and we are seeking justice on their behalf.

Another closed restaurant

Common Questions About Business Insurance Claim Denials

Am I Covered Under My Current Policy?

This is the core issue at hand — many insurers are denying coverage and arguing that the government-ordered Covid-19 shutdown is outside the restaurant insurance coverage under existing policies. Restaurants conversely argue that the virus-mandated closings are exactly what such insurance policies were contracted to cover. Resolution will depend on the courts’ interpretation of policy language, which can vary from policy to policy and insurance company to insurance company.

My Claims Were Denied — What Do I Do Now?

Our lawyers feel strongly that many claim denials are improper, unsubstantiated, and even predatory, if not collusive (the result of an improper agreement among insurers to deny all Covid-19 coverage). You should contact a lawyer immediately to discuss your rights and options, along with the particulars of your insurance policy. Lieff Cabraser has a nearly 50-year history of successfully advocating for consumers and small businesses against insurance companies and other large corporations. We will review your claim for free with no obligation on your part.


CONTACT OUR TEAM

Contact us now for a free, no-obligation evaluation of your rights to seek insurance coverage for your losses. Let our team become your team, and work non-stop to win you the coverage you paid for.


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Other Businesses Have Already Filed Lawsuits Or Class Actions. Should I Wait And See If Those Win?

Definitely not! It is critical for your case that you make your claim as soon as possible, and then if it is denied, initiate legal action in the same time frame. Lieff Cabraser represents its clients on a contingent fee basis, which means you only pay for our legal services if the case is successful. There are no up-front costs, and delay can only adversely affect your case.

Am I Covered If My Policy Includes “Business Interruption”?

Many insurers are denying claims even where policies specifically mention business interruption. If you have filed a claim and been denied coverage, you should discuss your situation with a lawyer as soon as possible. Some of your claim rights can be lost if too much time passes. You should speak to a lawyer as soon as you can.

What If My Insurance Includes A “Virus or Disease Exclusion”?

Proper resolution of your claims still requires formal review of your policy’s language by a court (rather than relying on the self-interested interpretation of your insurance company). Exclusions are generally interpreted narrowly rather than expansively, and often against the insurance company. As noted above, if your claim has been denied, you should absolutely speak to a lawyer with experience in litigation against insurers as soon as you can.

What Should I Do If I Haven’t Made A Claim Yet?

Claims need to be filed in as timely a manner as possible, but if you have not yet made a claim for business interruption as a result of the coronavirus, you should talk to a lawyer before filing your claim. An insurer’s response will focus on precisely how you describe your shutdown and your losses, and making the strongest case you can in your initial claim can influence the successful outcome of your policy claim. Lieff Cabraser’s business interruption lawyers will be happy to review your policy pre-claim at no cost to you. Contact us today for more information.

ACTION ITEMS:

  • If you have filed a claim and been denied, contact Robert Nelson at Lieff Cabraser or Alexandra Foote at the Law Office of Alexandra Foote today about your rights and recovery options via a lawsuit.
  • If you have not yet filed a claim, you should file your claim as soon as possible, but first make sure you have the entirety of your insurance policy at hand and review it carefully before making your claim. We are happy to assist you in reviewing the language of your policy to maximize your chances of a quick and successful claim outcome.
  • Continue to keep careful and detailed records of all business losses.
  • Memorialize all interactions with your insurance company, whether written, telephonic, or in any other format. The details of your insurer’s denial and resistance to properly paying claims can be meaningful and persuasive to the court in future litigation.

ABOUT US

  • Lieff Cabraser is an award-winning, 100-plus attorney international plaintiff law firm with offices in San Francisco, New York, Nashville, and Munich. The Law Office of Alexandra Foote represents chefs, restaurants, and artisan and sustainable companies in general business matters, including insurance coverage denial.
  • We are driven by a strong and principled sense of social responsibility and are known for our professional integrity.
  • We have the legal skills and financial resources necessary for handling large, complex cases, successfully litigating against many of the nation’s largest corporations, including insurance companies.
  • Lieff Cabraser has assisted our clients in recovering an astonishing $124 billion in verdicts and settlements.
  • The LCHB firm has resolved hundreds of class action lawsuits including the historic litigation against Volkswagen over its “Clean Diesel” emissions fraud; the Attorney General litigation against the tobacco industry; the litigation against European banks and businesses to recover assets taken from Holocaust victims and survivors; and most recently, a $250 million settlement from State Farm for defrauded auto insurance policyholders, which resulted in recognition from Public Justice as the “Trial Lawyers of the Year.”

HOW TO ACT

  • Submit a claim with your insurance company following the government-ordered shutdown of all or part of your business. This is time-sensitive as it’s important to file a claim within your current policy period.
  • If you are denied, contact our team by using the form below to start the conversation and learn how to recover your losses. We welcome the conversation even if you have a virus exclusion clause in your insurance policy.
  • We offer free legal consultations and contingency fee representation — you only pay us when we win compensation for you and/or your business. Our skilled legal team is here to champion your rights and work with determination and commitment to win fair compensation for your restaurant’s wrongful and destructive denial of insurance coverage.

Business Interruption Insurance Denial


Coronavirus Paycheck Payment Program Investigation

Bank Fraud

Lieff Cabraser is actively investigating emerging complaints from small businesses concerning allegations of lender unfairness in the processing and extension of Paycheck Protection Program loans in the wake of the nationwide Coronavirus lockdown and other COVID-19 response measures affecting American businesses and workers nationwide.

Lieff Cabraser is also investigating lenders’ refusal to pay fees to agents who assisted small businesses in preparing and submitting PPP loan applications.

On March 27, 2020, the federal government enacted the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Under the Paycheck Protection Program of the CARES Act, the Small Business Administration will guaranty 75% to 85% of unsecured loans to qualifying businesses made by private banks. Loans are supposed to be made on a “first come, first served” basis. The SBA regulations state that agents will be paid by lenders from their origination fees.

Contact a Lawyer at Lieff Cabraser Today

If you believe your business is experiencing unfair or inequitable treatment relating to a Paycheck Protection loan, we urge you to contact us today about your potential recovery via the legal process. There is no charge or obligation for our review of your case, and any information you provide will be held with paramount confidentiality. Call us today at 1 800 541-7358 or use the form below.


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Evenflo Child Car Seat Fraudulent Marketing

Child car seats

Lieff Cabraser represents parents and their children in a putative class action lawsuit against Evenflo Company over improper and fraudulent marketing of child car seats.

According to multiple reports, Evenflo has known–since at least 2012–that its Big Kid Booster Seat is not suitable for children under forty pounds and four years of age nor does it appreciably reduce the risk of serious injury or death from side-impacts or collisions. Nevertheless, Evenflo aggressively markets the Big Kid Booster as “the best way to minimize injuries to your child” and claims that it will “greatly reduce the risk of serious injury to your child in a crash.” As alleged in the complaint, Evenflo knew, even while it was making representations to consumers about the professed safety of its Big Kid Booster, that the seats were not safe, should not be used by children under forty pounds, and provided little to no side-impact protection.

As further alleged in the complaint, Evenflo misled consumers into believing that the Big Kid Booster were “SIDE IMPACT TESTED” and provided side-impact protection without revealing that those representations were virtually meaningless; Evenflo designed its own side-impact tests and yet failed even those lax and forgiving standards. Recently released video shows that those tests unmistakably demonstrated that a child seated in its booster could be in grave danger in such a crash. In addition, and among other misrepresentations, Evenflo also aggressively marketed the Big Kid Boosters in the US as safe for children who weigh as little as 30 pounds even while, in Canada, Evenflo told consumers that a child that weighed less than 40 pounds risked “SERIOUS INJURY or DEATH” using the same Big Kid Booster.

Contact a Consumer Fraud Lawyer at Lieff Cabraser

If you purchased an Evenflo Big Kid Booster car seat at any time, we urge you to contact us today for a free, no-obligation consultation about your experience and potential claims.


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Farmers Auto Insurance Rate Discrimination

Auto Insurance Fraud

Plaintiffs allege Farmers “Smart Plan” illegally restricts discounted rates to new customers only

Lieff Cabraser represents plaintiff customers of Farmers Group Insurance over claims that Farmers illegally discriminates against their existing automobile insurance customers by keeping them from getting lower rates only made available to new customers. The federal complaint alleges that Farmers is charging more to their existing customers than they are charging their new customers for the same or virtually the same insurance coverage, and keeping their most loyal, existing customers in the dark about the lower, otherwise available rates.

In December 2019, the parties announced that Judge Lee Yeakel of the Western District of Texas had given early approval to a settlement of the class action valued at $52 million that will provide compensation to the plaintiffs. The settlement grew from a series of mediation sessions with Deborah Hankinson, a former Texas Supreme Court justice. Formal approval of the settlement is expected by May of 2020.

Contact a Consumer Protection Lawyer at Lieff Cabraser

If you are a Farmers Group auto insurance policy holder and you suspect you have been discriminated against through Farmers Group’s concealment of lower rates without any actuarial basis for such rate discrimination, we welcome the opportunity to speak with you about your resulting economic losses. There is no charge or obligation for our review of your case, and the information you provide will help us hold Farmers Group accountable for any misconduct, discrimination, or fraud against its policy holders. Please call us toll-free at 1 800 541-7358 or use the form below today.


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VW Porsche Audi Bentley Reduced Fuel Economy MPG Lawsuit

cars in crowded traffic

Lieff Cabraser represents consumers across the U.S. in lawsuits against Volkswagen, Porsche, Audi, and Bentley relating to vehicles that may experience worse fuel economy than promised and advertised. Porsche, Bentley, Audi and VW owners and lessees bought these vehicles believing they would get a certain number of miles per gallon, but in reality they got fewer miles per gallon. They therefore had to buy more gas than they should have had to buy, and spent more money than they should have had to spend.

On Friday October 4, 2019, Judge Breyer of the Northern District Court granted preliminary approval to the Porsche/Bentley/Audi/VW MPG fuel economy settlement. The claim portal is now open and affected vehicle owners and lessees should visit the site to submit their claim.

The potentially affected vehicles are listed at the bottom of this page. If you own or lease one of these vehicles, we urge you to contact a vehicle fraud lawyer at Lieff Cabraser today about your rights and potential recovery.


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Vehicles Affected by the 2013-2017 VW Porsche Audi Bentley Reduced Economy & Heightened Emissions Lawsuit

MakeModelEngine Capacity (liters)Model Year(s)
AudiA8L4.02015
AudiA8L6.32013-16
AudiRS74.02015-2016
AudiRS74.02014-2015
AudiS84.02016
AudiS84.02013-2014
BentleyContinental GT4.02013-2017
BentleyContinental GT Convertible4.02015-2017
BentleyContinental GTC4.02013-2014
BentleyFlying Spur4.02015-2016
BentleyFlying Spur6.02014-2016
PorscheCayenne3.62014, 2016
PorscheCayenne (760)3.62013
PorscheCayenne GTS3.62016
PorscheCayenne GTS4.82014
PorscheCayenne GTS (762)4.82013
PorscheCayenne S3.62015-2016
PorscheCayenne S4.82014
PorscheCayenne S (761)4.82013
PorscheCayenne Turbo4.82014
PorscheCayenne Turbo (764)4.82013
PorscheCayenne Turbo S4.82014, 2016
VolkswagenTiguan 4MOTION2.02017
VolkswagenTouareg3.62013-2014

TRW Airbag Safety Defect Lawsuits

Airbag Recall Lawsuits

Defective ZF-TRW airbags were also supplied to FiatChrysler/Dodge/Jeep, Kia, Hyundai, Mitsubishi, Honda, and Toyota/Acura

On April 29, 2019, Lieff Cabraser and Baron & Budd filed a class action lawsuit in federal court in California on behalf of consumers across the U.S. against Hyundai Motor America, Kia Motor America, and ZF-TRW Automotive Holding Corp. over defective vehicle airbags that fail to operate during crashes due to electrical overstress (“EOS”). As detailed in the Complaint, a defect in the application-specific integrated circuit (“ASIC”) built into the airbags causes a failure in the Airbag Control Unit that prevents the airbags and the seat belt pretensioners, both vital to maximizing safety in a vehicle crash, from deploying. As the Complaint further alleges, ZF-TRW, Hyundai, and Kia became aware of the ACU defect as early as 2011, but did nothing to protect consumers or warn of the product dangers until 2018.

The lawsuit against Hyundai and Kia followed widespread reports that over 12 million vehicles in the U.S. from Hyundai, Kia, Mitsubishi, Honda, FiatChrysler, and Toyota with ZF-TRW airbags have defective and unsafe Airbag Control Units (ACUs) that prevent airbags and seatbelt pretensioners from deploying and activating during a crash. Multiple incidents have been reported, including at least one that led to a fatality.

The allegedly defective ACUs are manufactured by TRW Automotive Inc. (a subsidiary of German auto parts maker ZF). The full list to date of vehicles involved with the ZF-TRW defect appears under the contact form below.

The ACU units are supposed to detect crashes and deploy the airbags and seatbelt pre-tensioners. However, the TRW ACUs suffer from electrical overstress in crash conditions, and this can cause the airbags and seat belt pretensioners to fail to operate, greatly increasing the risk of injury. Reports indicate there are no warning signs of the problem, so owners and lessees have no way of knowing the airbag and belt failures will happen.

Contact a Vehicle Safety Lawyer at Lieff Cabraser

If you own or lease any of the vehicles listed below, they may contain airbags with defective ACU units. If you are concerned about the safety of your vehicle and its airbags, please use the form below to contact Lieff Cabraser for a prompt and confidential evaluation of your case. You can also call us toll-free at 1 800 541-7358 and ask to speak with attorney Nimish R. Desai.


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Complete list of affected vehicles with ZF-TRW ACU airbags:

  • Acura RLX 2014-2019
  • Acura RLX Hybrid 2014-2019
  • Acura TL 2012-2014
  • Acura TLX 2015-2017
  • Acura TSX 2012-2014
  • Acura TSX Sport Wagon 2014
  • Acura TSX Sportswagon 2012-2013
  • Dodge Nitro 2010-2011
  • Dodge Ram 1500 2009
  • Dodge Ram 3500 2010
  • Fiat 500 2012-2019
  • Honda Accord 2013-2015
  • Honda Accord Hybrid 2014-2015
  • Honda Civic 2012-2015
  • Honda Civic GX 2012-2015
  • Honda Civic Hybrid 2012-2015
  • Honda Civic SI 2012-2015
  • Honda CR-V 2012-2016
  • Honda Fit 2012-2017
  • Honda Fit EV 2013-2014
  • Honda Ridgeline 2012-2014
  • Hyundai Sonata 2013-2019
  • Hyundai Sonata Hybrid 2013-2019
  • Jeep Compass 2015-2017
  • Jeep Liberty 2010-2012
  • Jeep Patriot 2015-2017
  • Jeep Wrangler 2010-2018
  • Kia Forte 2013
  • Kia Forte KOUP 2013
  • Kia Optima 2013-2019
  • Kia Optima Hybrid 2012-2016
  • Kia Sedona 2014
  • Mitsubishi Lancer 2013-2017
  • Mitsubishi Lancer Evolution 2013-2015
  • Mitsubishi Lancer Ralliart 2014-2015
  • Mitsubishi Lancer Sportback 2013-2016
  • Mitsubishi Outlander 2013
  • Ram 1500 2009-2012
  • Ram 2500 2010-2012
  • Ram 3500 2010-2012
  • Ram 4500 2011-2012
  • Ram 5500 2011-2012
  • Toyota Avalon 2012-2018
  • Toyota Avalon Hybrid 2013-2018
  • Toyota Corolla 2011-2019
  • Toyota Corolla IM 2017-2018
  • Toyota Corolla Matrix 2011-2013
  • Toyota Sequoia 2012-2017
  • Toyota Tacoma 2012-2019
  • Toyota Tundra 2012-2017

Valsartan Contamination Consumer Fraud Litigation

Doctor with pills

Huge amounts of the hypertension drug Valsartan, the generic equivalent of the hypertension drug Diovan, were contaminated with a carcinogen called NDMA. In the wake of the Valsartan contamination and ensuing drug recall, lawsuits were filed across the United States on behalf of patients who purchased the unsafe contaminated drug, including for fraud and violation of warranties as well as other laws relating to the safe sale and distribution of prescription drugs. Valsartan is sold in the U.S. by three companies, Teva, Major Pharmaceuticals, and Solco Healthcare, and all of the blood drug that was recalled was manufactured by the Zhejiang Huahai Pharmaceutical Co. Ltd. of China.

The recall began after the U.S. FDA announced it had reason to believe some of the Valsartan entering the U.S. had become contaminated with N-nitrosodimethylamine (NDMA), considered a probable human carcinogen. The agency is still investigating, but said the contamination was believed to be related to changes in the way that Valsartan was manufactured. There are allegations in the lawsuits that as early as 2012 distributors ignored clear warning signs regarding the operating standards at the manufacturing plant in China

Valsartan recalls are ongoing, and now plaintiffs’ claims for economic loss are being included in the budding federal blood medication multidistrict litigation recently centralized in New Jersey.

Outreach to Patients Using Valsartan for Hypertension Control

If you have been prescribed valsartan and you were informed by your doctor, or otherwise learned, that your drug was recalled, the fraud and consumer safety lawyers at Lieff Cabraser welcome the chance to talk with you about your case against the manufacturer and distributors of Valsartan. You can contact us using the form below, or by calling us toll-free at ‪1 800 321-1510‬. All information will be treated with the highest confidentiality, and there is no charge for our review of your case.


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Greenway Health Breach of Contract and Fraud

Electronic Medical Records

Lieff Cabraser represents a medical operator in a proposed class action lawsuit alleging fraud and other deceptive practices by Greenway Health, LLC (“Greenway”) in connection with its sale of Prime Suite, Intergy, and SuccessEHR — three Electronic Health Record (“EHR”) systems marketed to and used by healthcare providers.

For years, Greenway has promised that its software met and would meet the requirements of the Federal Government’s Meaningful Use program, which sets standards for EHR software. Unfortunately, evidence is emerging that Greenway’s software does not comply with these requirements and may not have complied with them for years.

Greenway first acknowledged problems with its software in the fall of 2018, when it alerted customers that its software could not be relied upon by providers when submitting statistics confirming the meaningful use of a certified EHR system (now under the interoperability component of the Federal MIPS program). Greenway stated that its customers would need to file hardship applications, which will result in unexpected adjustments to the scoring methodology applied by the MIPS program. This disruption could result in negative consequences for Greenway’s customers, including the loss of incentive payments or even financial penalties.

In early 2019, Greenway further disclosed that its software had failed to accurately calculate some of the quality measures used for reporting to the MIPS program. For many providers, this adverse information was disclosed shortly before the deadline for reporting to the Government, and could result in providers experiencing further problems with submissions to the MIPS program or incurring financial penalties.

Finally, in early 2019, Greenway settled a False Claims Act lawsuit brought by the United States Department of Justice for $57.25 million. The Government’s complaint against Greenway, which was only recently revealed to the public, cites numerous admissions by Greenway’s employees that its software did not satisfy the requirements of the Meaningful Use program. The complaint alleges that despite knowing the problems with its software, Greenway falsely represented to users that the software was fully compliant with the Meaningful Use program.

If you are or were a customer, user or business partner of Greenway who relied on Greenway’s assurances that Prime Suite, SuccessEHR, or Intergy satisfied the requirements of the Meaningful Use program, we invite you to complete the contact form below or call us toll-free at 1 800 541-7358.

Contact a Consumer Protection Lawyer at Lieff Cabraser

Lieff Cabraser is a national law firm that represents consumers and small businesses throughout the United States in fraud and deceptive practices lawsuits, including healthcare providers in a lawsuit against eClinicalWorks, a large EHR vendor. The information you provide will assist our investigation. We will review and evaluate your complaint for free and without any obligation on your part.


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Westgate Resorts

Timeshare Log Cabins in the Mountains

On September 26, 2018, Lieff Cabraser and co-counsel filed a consumer fraud lawsuit in federal court in the Eastern District of Tennessee on behalf of purchasers of timeshare interests at the Westgate Smoky Mountain Resort in Gatlinburg, Tennessee, against Westgate Resorts, Ltd. and its related entities.

The complaint in the lawsuit alleges that Westgate engages in fraudulent conduct, fails to disclose material facts and required disclosures, and fails to provide purchasers adequate use and enjoyment of the timeshares they have purchased, all in violation of Tennessee state law. The complaint alleges that as part of its scheme, Westgate utilizes a closing folio that contains a “secret pocket” which closing agents often use to hide key disclosures.

The complaint also alleges that because Westgate oversells its units, restricts their availability, and uses many of the units for nightly rentals and for soliciting new buyers, units are often completely unavailable for “owners” during the times they intend to use them. In short, according to the complaint, Westgate’s scheme leaves purchasers with nothing but the obligation to pay additional fees and charges.

Contact Lieff Cabraser

If you have experienced these kinds of problems at Westgate Resorts, we welcome the opportunity to speak with you. Use the form below or call us at 1 800 541-7358 for a free, no-obligation review of your case.


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Wells Fargo Bank Fees for Unwanted Bank Products

Bank

Wells Fargo is alleged to have charged customers monthly fees for years for dozens of products they didn’t want and didn’t understand

Lieff Cabraser is investigating consumer complaints that Wells Fargo charged potentially hundreds of thousands of banking customers monthly fees for unwanted pet insurance, legal services and other add-on services the customer did not consent to or use.

The new complaints come after Wells Fargo is already reeling in the wake of multiple other customer fraud scandals, including the creation of millions of similarly unconsented and unwanted bank customer credit accounts. These new monthly add-on product charges are being investigated by the Consumer Financial Protection Bureau, which is focusing on how much customers were deceived, customer awareness of the products added to their monthly bills, and their ability to cancel the add-on products.

The bank claims it stopped selling these more than 85 consumer add-on products some time in 2017, but is only now notifying its customers. However, as the Wall Street Journal has reported, “some products are being terminated immediately, while others aren’t being renewed after they expire.”

Contact a Bank Fraud Lawyer at Lieff Cabraser

If you believe you were charged monthly fees for unwanted add-on products, please use the form below or call us today at 1 800 541-7358. Lieff Cabraser’s consumer protection lawyers welcome the opportunity to review your case without charge or obligation. The information you provide will help us hold Wells Fargo fully accountable for any of these most-recently alleged improper and illegal practices.


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Private Parking Citation Fraud

Parking lot

Lieff Cabraser, a national law firm with decades of experience representing and recovering money for victims of fraud, is investigating SP+, a parking lot operator, and Citation Collection Systems (operated by T2 Systems), for issuing private and illegitimate parking fines, collecting personally identifiable information from state departments of motor vehicles in violation of federal law, and then sending predatory mailings in an effort to collect payment.

Contact a Consumer Fraud Lawyer at Lieff Cabraser

If you received a mailing from SP+ or Citation Collection Services instructing you to pay a parking citation, we would welcome the opportunity to speak with you. The notice you received in the mail may read “Courtesy Notice for Parking Violation.” You also may have received a letter that appeared to originate from a collections agency. Regardless of the form of the mailing, you also may have been asked to make payment at www.violationnotices.com.

The information you provide will assist us in holding these entities accountable for their deceptive conduct. There is no charge for our review of your case, and calls are confidential. Please use the form on this page or call us toll-free today at 1 800 541-7358.


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