Consumer Class Actions: Protecting Your Rights Against Unlawful Practices
Consumers today face an increasing number of challenges in a marketplace dominated by automated systems, credit reporting agencies, and unregulated business practices. From unwanted robocalls to unauthorized credit report pulls, and other illegal acts, many people unknowingly fall victim to unlawful actions that infringe upon their legal rights. Fortunately, consumer class actions provide an essential tool for individuals to hold companies accountable and seek compensation for the harm caused by such practices.
A consumer class action is a lawsuit where one or a few individuals represent a larger group of people (a class) who have been harmed by the same unlawful practice. These actions are a powerful way for consumers to join forces in the fight against corporate misconduct, offering access to legal remedies that might otherwise be unavailable due to the high cost of individual lawsuits, and obtaining compensation for injured consumers who might not have otherwise filed a lawsuit.
Robocalls: A Growing Problem for Consumers
One of the most widespread consumer issues in recent years is the rise of robocalls and spam text messages. These automated phone calls and texts, can bombard consumers, disrupting their daily lives and violating their privacy. The Telephone Consumer Protection Act (TCPA) was put in place to protect consumers from unwanted robocalls, yet companies continue to find ways to circumvent the law.
If you have received robocalls, prerecorded messages or automatically sent telemarketing texts without consent, you may be eligible to participate in a consumer class action lawsuit that seeks to hold violators accountable and recover damages.
Unauthorized Credit Report Pulls
Another common violation consumers face is the unauthorized pulling of credit reports. Credit reporting agencies, such as Equifax, Experian, and TransUnion, are required by law to protect consumer information. However, there are instances where businesses pull your credit report without your permission, invading your privacy and often leading to a negative impact on your credit score and personal finances.
When a company checks your credit report without a valid reason—whether for marketing purposes or an unauthorized background check—it is violating your rights under the Fair Credit Reporting Act (FCRA). If you believe your credit has been unlawfully pulled or your credit report has been misused, you might have the right to file a consumer class action to seek compensation and force these companies to change their practices. Our law firm recently secured a jury trial verdict and judgment against CenturyLink (now Lumen Technologies) in an amount over $140 million dollars, read about it here.
Other Unlawful Business Practices
While robocalls and unauthorized credit pulls are some of the most common consumer complaints, they are far from the only offenses that may give rise to a class action lawsuit. Other potential violations include:
- Privacy breaches: Unlawful data collection, improper sharing of personal information, or failure to secure sensitive consumer data can lead to significant harm and legal recourse.
- Disguised credit agreements: This often occurs when a consumer “leases” a product or service that is ordinarily purchased (vehicle repairs, pets, home fixtures, home repairs, leasing ignition interlock device, SCRAM bracelet, etc.). In these instances, the agreement fails to disclose important financial terms required by these federal laws. Things like fees, interest, and required add-ons must be legally chargeable and clearly disclosed.
- Recording without consent in California: It’s generally illegal to record a conversation in California without the consent of all parties involved. This applies to phone calls, private discussions, and other confidential communications.
- Unfair business practices: Engaging in deceptive business practices, such as hidden fees or refusing to honor warranties, may also be grounds for class action lawsuits.
Why Consider a Class Action?
The primary benefit of a consumer class action is that it allows individuals to pool their claims, making it easier and more affordable to take legal action against large corporations. Other times, the possible recovery for a single individual does not make it worth it to pursue the claim meaning most people won’t sue and the offender would not otherwise be held responsible for its conduct.
Class actions are designed to level the playing field, especially when individual claims might not be large enough to justify the cost of legal representation. By joining together, consumers have a greater chance of achieving a fair settlement or court ruling, which may include monetary compensation and changes in business practices.
Protecting Your Rights
If you believe you’ve been the victim of any of these practices—or others—you don’t have to fight alone. Contact our consumer class action attorneys to determine whether you have a valid claim and advise you on the best course of action. Don’t let unlawful companies continue their harmful practices. Start a class action lawsuit and take a stand for your rights as a consumer.