Consumer Protection
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Overview
Consumer protection laws make consumers feel confident when buying goods and services, and they protect the market by punishing bad actors who engage in unfair or illegal practices. When a business makes false or misleading claims, does not abide by its contractual promises, or otherwise takes advantage of the public, it has an impact on everyone.
Although there are many laws to protect consumers, they are not always followed, and lawsuits may become necessary. These lawsuits become even more important as government consumer protection agencies become strained, due to lower staffing or funding.
Claims that fall under the area of consumer protection include:
Hidden charges in a purchase, including subscriptions
Errors in credit reporting
Advertising that is misleading or false
It is often honest businesses that suffer when dishonest actors are allowed to compete for the same consumers using illegal business practices. And consumers, of course, feel the effects of unfair business practices in their own wallets.
Current cases we have furthered in consumer protection include:
A class action alleging GNC engaged in misleading advertising by promoting false discounts. Result: GNC agreed to pay $6 million to class members and implement changes to ensure its pricing was not misleading.
Carter, et al. v. General Nutrition Centers, Inc., et al.A class action alleging that CytoSport, the manufacturer of Muscle Milk, made false and misleading claims about the protein content in its products, and used misleading “lean” and “lean lipid” marketing terms. Result: a $12 million settlement fund that provided class members with monetary compensation for purchased products.
Clay et al. v. Cytosport, Inc.A class action that alleged certain aerosol products sold by Procter & Gamble (P&G) contained the human carcinogen benzene. Result: an $8 million settlement which provided monetary relief to eligible class members.
re P&G Aerosol Products Marketing and Sales Practices Litigation.
Understanding Consumer Protection
Some ways that consumers face impacts are less obvious than others. There can be fine print in instruction manuals that appear to disclaim a hidden risk, agreements too onerous to fully comprehend, or labels that contain false or misleading information.
Additionally, businesses can shortchange consumers in ways that may not be readily apparent. For example, a label may claim that a supplement has a certain amount of a valuable nutrient, but scientific evidence shows that the label claim is not true. Consumers may not have the ability or the opportunity to test products to ensure the label is accurate before purchasing the product.
There are different state and federal laws to protect consumers, but knowing which law applies (and how it may apply) is unique to each transaction. That is why attorneys need to be well-read on consumer protection decisions to navigate this complex web of federal, state, and local consumer protection statutes.
How Our Attorneys Can Help
The depth of this area of law is significant, and attorneys who practice in it regularly keep abreast of the decisions and issues across the nation. Experience and connection can be the best offence in consumer protection claims. We generally take on consumer protection cases on a contingency basis; if we take on your case, you will not have to pay us unless we are successful.
Do You Have a Case?
If you have had an experience where you have felt misled or deceived by a business, you may have a claim. It is likely you are not the only one to have had the experience. Contact us with an overview of your experience so we can advise you on next steps. Call 844-201-2929 or complete the short form below.
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