Skip to main content
Ray Edwin Gallo
Avvo
Pro

Ray Gallo’s Answers

55 total


  • Can i take legal action for false advertising or start a class action lawsuit

    A gas company advertised discounts on gas at the pump if i used there credit card. The promotion lasted for about 8 or 9 months. Out of several gas stations only one actually gave the discount.

    Ray’s Answer

    Sounds promising. Find the best rated consumer fraud class action lawyer you can find and give him or her the details. He or she will want to see the written offer.

    See question 
  • Is this a case that can be filed and if so, what can be done.

    Was wanting information about filing a class action lawsuit against LeCordon Bleu Dallas Campus? Several people that went through the certificate and associate program are not working in the field of making a living as to what was promised to the...

    Ray’s Answer

    Your facts are exactly right. I know all about your case, and am happy to give you some free information. I think it's a nightmare for most graduates. Those who are OK got into better paying lines of work to help payoff their LCB debt. Some didn't have that option.

    We've represented more than 1900 individuals just like you with claims against LCB Schools, and thousands of class members. I litigated Amador v. California Culinary Academy in San Francisco (LCB SF) (settled on a class basis in 2012), and Vasquez v. California School of Culinary Arts in Los Angeles (settled on a confidential, individual basis for a total of about 1300 clients, ending about a year ago). So I know the schools, their ownership (Career Education Corporation), the practices, the advertising, the sales pitches, and the terms of the contracts you signed.

    In general, if you attended any LCB school before 2009 you had a pretty good claim. In my opinion, the marketing was misleading, sales pitches often included lies because salespeople were under pressure, and the results were terrible. My investigation indicated students were lead to believe they'd become chefs but 95% never did. Everybody instead got entry level jobs.

    But if you attended before 2009, your statute of limitations is probably very long gone. Any claim is subject to a statute of limitations, and while this one depends upon your state's law, 6 plus years is very probably too long to way. But, check before you give up.

    Beginning in 2009 (because of our lawsuits and the headway we were making) LCB began to use contracts that included enforceable arbitration clauses, class action waivers, and substantial factual disclaimers that basically said you acknowledge your only getting an entry level job for your money. If you signed one of these, your case is problematic. But, if that language was hidden from you, or they rushed you through contract signing, there could possibly be a way to win. Again, see a good local practitioner.

    There is one other angle: if you have an pre-2009 enrollment-based claim, that is problematic only because it's old and time-barred, and if you still have your original purchase money loan(s), then you might be able to void your loan obligations using LCB's fraud as a defense. This is because the Code of Federal Regulations require the loan documents to include a holder clause. If there is a referral relationship between the seller (LCB) and the lender providing the purchase money (Sallie Mae), this clause allows you to assert LCB's fraud as a defense to payment under the note. It's complicated, but a possible way to some relief.

    We may pursue these last sorts of claims for sympathetic clients who were really defrauded. Email me and let me know what happens, or to ask more questions, or if you'd like to be on our list of folks to contact if we decide to pursue the matter (again, we have not made that decision). Of course, the case is more attractive now that CECO is closing all its LCB Schools nationwide, admitting they cannnot comply with Department of Education's new gainful employment rules (confirming what I knew all along --- it makes no economic sense to go to culinary school.

    There is the possibility of federal loan forgiveness. We are looking into that for our former clients. But that is uncertain, and of course the big loans are the higher interest private ones, so that won't solve the problem.

    Finally, you can always default and refuse to pay (with all its consequences---read your loan agreement). If you do, your credit will be ruined but if you have none anyway then on this path in seven years you'll have credit again. Or, once in default, Sallie Mae will negotiate with you. If you can borrow some cash, you can compromise your loans meaningfully. I would do this rather than ruin my health trying to pay the bank. In my opinion, they knew perfectly well you were getting screwed. Sadly, claims against banks are hard these days.

    Good luck. Ray

    See question 
  • I want part of the class action lawsuit against Brooks College, is it to late?

    I recently just found out that Brooks College had closed down in 2008, due to fraudulent activity. Searching online, there where three class action lawsuits against Brooks. I caught a web article that 60 min had posted about profit schools, that a...

    Ray’s Answer

    I represented more than 1900 individuals and 8,000 class members bringing fraud claims against CEC culinary schools. CEC also owned and operated Brooks during the relevant time. If you were in the class, and you probably were based on what you say, then your claims were released unless you did not receive due process. Probably they did their best to send you notice and therefore your claim is gone. You can contact Janet Spielberg or Michael Braun, who represented the plaintiffs to find out more. Maybe they screwed up and so you still have your claims.

    One other possible angle could remain: If you still owe money on your original Sallie Mae loan, i.e., if you did not refinance it, you might be able to use Brooks fraud or other wrongdoing (if you can prove any) as a defense to payment under that note (loan agreement) based on the "Holder Clause" in that note, which makes the holder of the note subject to all claims or defenses that you could assert against the seller (school). Feel free to email me with related questions.

    See question 
  • TDI Volkswagen. I am getting bombarded with Facebook adds from several firms going after VW. What should I do?

    We own 2 of the recalled TDI cars. We are very concerned about performance and value after the cars are "fixed."

    Ray’s Answer

    About 250 class actions already are on file. You don't need to do anything to protect your rights. Lead counsel will be appointed (most likely Steve Berman of Hagens Berman, together with his co-counsel at Quinn Emanuel) and will be a great, national class lawyer who will agressively reprsent the class. But, if you'd like a chance at a better-than-class action result, you can hire an attorney individually. If you do, you may get a better result. People willing to take the individual risks and burdens of individual litigation often do better than those who passively participate only as class members. But there are no guarantees.

    See question 
  • Should I get an attorney or wait for the class action lawsuit to materialize?

    I recently purchased a 2015 VW Passat 4 weeks and it’s one of the “clean diesels” caught up in the VW emissions scandal. I’m being told by my friends and family to get a lawyer. Personally, I feel ripped off by the false advertising by VW and shou...

    Ray’s Answer

    It's true there will be many class actions. Consider, though, that individuals who actively bring their own cases with their own attorneys generally get better recoveries. If I had a VW diesel, I'd hire a lawyer.

    The hard part is most lawyers don't want to take small cases on contingency. I do know some able lawyers who intend to take a large number of individual cases. (Only with scale can the lawyer do enough work to get a great result). You might try Ron Parry http://www.strausstroy.com/attorneys/ron-parry/; based on the calls I've received so far, I expect that there will be multiple firms using our Leverage(r) driven websites to help the individuals who want something better than the class action outcome.

    See question 
  • Can A group students file for a class action due to false pretension of a scholarship.

    Our president has cut our budget and scholarship to $3000 a year, before we left for school it was $7500. Now she was not in office yet she was just a elect, and she wasn't planning on telling us until we got to school. Our band director we're goi...

    Ray’s Answer

    Sounds like a viable case if there are enough of you so that the cuts add up to millions of dollars. These cases are dificult and expensive to litigate. Very few lawyers ably handle student fraud cases like this one; most of these cases have not done well. BUT Gallo LLP (my firm), along with Kirtland & Packard LLP (Michael Louis Kelly), in Los Angeles and Andrew August in San Fracisco, have achieved significant success in class and mass actions involving allegations of fraud by students of for profit schools, recovering tens of milions of dollars in cash and debt forgiveness for thousands of students. Also, because these cases are very difficult to certify as class actions, my firm has developed technology to help manage them as "mass" actions. (Check out www.leverageapp.com.)

    See question 
  • Can I pursue some legal action against a school for not providing leads and career support as it promised?

    It's a coding bootcamp in NYC, but has branches in other cities worldwide and is one of the most popular coding schools in NYC. All of their ads claim they will "make connections", "provide an on-ramp", "close the skills gap" and provide intensiv...

    Ray’s Answer

    • Selected as best answer

    Fraud cases against for-profit schools have been difficult, but a few have met with success. Amador v. California Culinary Academy and Vasquez. v California School of Culinary Arts are the two class/mass actions I know of that did well on allegations of actual fraudulent inducement (both recovered millions of dollars for students). My firm handled both of those, together with The Mills Law Firm (on Amador) and Michael Kelly of Kirtland & Packard (on Vasquez). The Silver State Helicopter case also did well. That invovled ponzi scheme allegations as I recall. Andy August in San Francisco handled that one and he's a good lawyer. My firm is currently prosecuting a case in NYC against the International Culinary Center, also on fraudulent inducement grounds. I suggest you gather all the written lies you can find, including the school catalog, copies of any print, video, or radio ads, and contact one of those law firms as your best bet. Understand that most firms are reluctant to take these cases in part because many schools say only vague things, and in part because you may well have signed an arbitration clause, and some waivers acknowledging they aren't promising you anything. But, it may nevertheless be possible to help you.

    See question 
  • Can i file a class action lawsuit against my former employer for not paying prevailing wage for jobs done that require it?

    in the 4 years i worked for Kern bros. trucking we did several jobs that are consider public works projects. on schools/ city and county and state roads and highways. we would tell them it should pay prevailing wage. they would replay it doesn't a...

    Ray’s Answer

    Sounds like a case to me. Find yourself a highly regarded class action lawyer who handles employment matters.

    See question 
  • I would like to sue eBay. What kind of attorney do I need to seek? Millions of users would support my claim class action?

    in order to become a top rated seller on eBay I needed to sell 400 items by April 30th. I sold off my entire inventory, over 500 items and made sure all my auctions ended on April 30th so that I would be within the time frame. Come May 1st, Much t...

    Ray’s Answer

    A consumer class action attorney is probably right, but you want one with some commercial litigation experience too, since you are both a consumer and a business owner here. Pick the one with the highest rating, best and widest range of recommendations, best educational credentials, and most experience, who will take your case.

    See question