Consumer Protection

Federal and state governments have enacted laws, known as “consumer protection” laws, “consumer fraud” acts, or “unfair trade practices” acts that provide consumers with protection from unfair or deceptive acts as well as misleading, improper or illegal advertising, marketing, and pricing practices. When these consumer protection laws are violated they frequently affect a large class of consumers.

In the consumer protection area, Frank LLP’s attorneys as lead counsel have represented consumers in class actions involving, inter alia, wrongful billing practices and poor service by wireless communications providers; home equity lines of credit that were unfairly and wrongly reduced or cancelled by the lending bank; wrongful billing practices by credit card companies, banks and retailers; product mislabeling; brokerage fees imposed with no or insufficient notice; Medicaid overcharges; and faulty automobile seat heaters.

In Sclafani v. Barilla America, Inc., a consumer class action brought in New York State Supreme Court on behalf of consumers who purchased Barilla brand pasta, Frank LLP’s attorneys successfully argued that Barilla’s packaging misled consumers into believing the company’s pasta was made in Italy, obtaining a reversal of a trial court dismissal.

Similarly, in Lomenzo v. Bertolli USA Inc., a consumer class action brought in New York State Supreme Court on behalf of consumers who purchased Bertolli brand olive oil, Frank LLP’s attorneys successfully argued that Bertolli’s labeling misled consumers into believing the company’s olive oil was Italian.

We invite you to contact us to discuss any problems you might be experiencing with items recently purchased that appear to be defective, or which do not appear to be fit for the ordinary purposes for which they have been purchased.