I am store manager for a Verizon store. I work with alot of customers. I have noticed when Verizon has "new plans" they charge a month in advance plus a pro rated cost when customers change plans. the month in advance is never applied to a cust...
Forget about it!. Verizon customer contracts have arbitration clauses with a class action waivers.
Arbitration clauses with class action waivers are an attempt to preempt parties to a contract from filing a lawsuit, and, in particular, from bringing a class action. The U.S. Supreme Court upheld this practice in AT&T Mobility v. Concepcion
The issue presented in the AT&T case was whether the Federal Arbitration Act preempts States from conditioning the enforcement of an arbitration agreement on the availability of particular procedures-here, class-wide arbitration-when those procedures are not necessary to ensure that the parties to the arbitration agreement are able to vindicate their claims.
The Supreme Court held that the Federal Arbitration Act ("FAA") preempts state-law rules that stand as an obstacle to the accomplishment of the FAA's objectives, requiring the individual cases to be arbitrated as opposed to a class-wide arbitration.
If all of this sounds unfair, it is. Call your Congressman and demand that they take action to pass legislation amending the FAA to prohibit class action waivers.See question
i am on parole for a sex crime i have computers and my po came to my house when i wasnt here and took my computers its been 3 1/2 months now and i keep getting told they know nothing about my computers but i got the reciept saying what they took a...
You need to re-post this question under the "Criminal Defense" practice area.See question
This happened at a critical time in the primary and seriously damaged the rights of fans of Ted Cruz to promote him for nomination for what they felt was for the betterment of our nation and our children's future. Donald said the next day that h...
No. At best, Ted Cruz would have an individual claim against Trump for defamation.See question
I filed a California action, Pro se, against a company and my complaint mirrors the factual allegations of a Class Action complaint, but absent any class allegations and not based on any federal laws. Defendant removed my case to fed. Ct. "acc...
Issues of federal court jurisdiction and the powers and authority of the Judicial Panel on Multidistrict Litigation ("JPML") are as complicated as anything we deal with as lawyers. Just because you allege only state law claim and filed in state court is no guarantee of avoiding removal to federal court. If your case meets the requirements for diversity, then it is highly unlikely that you will succeed in getting it remanded back to state court. So assuming that you are going to be stuck in federal court, you are then at the mercy of the JPML. If they grant an MDL, then your individual case is almost certain to be transferred to the court selected by the JPML. At that point all of the cases, including yours, will be run by the court-appointed lead counsel for the class. Finally, I agree with my colleague that the defendant is not afraid of your discovery requests. That is the least of their concerns. Get a lawyer.See question
Generally speaking; is it illegal to sell something as working condition when it's not in working condition...
Knowingly representing a product as having qualities and/or characteristics that it does not possess is called fraud, which is illegal. If you are aware of problems that impair the use or value of the product, you should disclose it to any potential purchaser.See question
I was prescribed clonazepam 6 years ago by my family practice doctor. I have asked numerous times about the addiction prior to and since taking. I have always been assured I was not addicted. That it was working well and did not see a reason to st...
First, you need to seek medical treatment for this. Second, as my colleague indicated, you should consult with a medical malpractice lawyer in your area to discuss legal claims against the prescribing doctor and other potential defendants.See question
I bought a GIA Certified green diamond through Amazon website. When I received ''diamond'', I compared diamond's inclusions against certificate and saw they mismatch. Wrote to seller via Amazon, seller called right away and assured me what I boug...
You should file a lawsuit against the seller for fraud, violations of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, unjust enrichment, and breach of contract just to name a few. You can bring the lawsuit in your county, and if the seller is located out of state, it may not even show up and defend, so you could get a default judgment. However, the tricky part will be enforcing the judgment. You will need to have the judgment transferred to the state and county in which the seller is located and then attempt to execute on the judgment. You will likely need local counsel for the collection.
Finally, you should never post any personal identifying information on online forums like this, such as your phone number.
Please let me know if this response is "Helpful" or the "Best Answer".See question
How can a find a lawyer interested in starting and pursuing a class action against Verizon for the DEVASTATINGLY HUGE PROBLEMS, LOSS OF TIME AND VAST AMOUNTS OF MONEY Verizon caused their long-time landlines customers (since February, 1997 in m...
I agree with Mr. Feinberg.
According to the U.S. Supreme Court, you can't sue the major cell phone companies (and numerous other businesses) because they bury arbitration clauses with class action waivers in their contracts.
The U.S. Supreme Court's June 13, 2013 opinion in American Express Co. v. Italian Colors Restaurant, ruled that corporations can use the fine print of contracts to grant themselves a license to steal and violate the law.
As the Association for American Justice stated in the aftermath of the Supreme court's decision: “It is imperative that Congress and federal agencies act to protect individuals and small businesses from the abusive practice of forced arbitration. Without Congressional action, all federal and state civil rights, employment, antitrust, and consumer protections are at risk of being wiped away by the fine print.”
The only thing you and other consumers can do is put pressure on your Congressmen to pass legislation prohibiting class action waivers in arbitration clauses.See question
I got a check in the mail for a small settlement with my name and address on it. I don't remember going to the restaurant. Can I cash the check without getting into trouble?
If you have any concerns about the legitimacy of the check, you can do a search on Google for class action settlements concerning the company -- you will probably find one with little difficulty. Most settlement websites have contact information for the claims administrator (the entity that probably sent you the check). Call them and ask why you received the check.See question
I have ADT alarm system and it is found that the system can easily be hacked and bypassed that is what has happened to me. ADT is aware of this yet still engages in deceptive and misleading marketing statements the system failure to encrypt or se...
The first thing you need to do is find a lawyer who is experienced in representing consumers in class action lawsuits. Based on the problem you described, you may have claims for violations of consumer protection statutes, breach of warranty, breach of contract, unjust enrichment, and other legal claims. Whether those claims can be asserted in a class action is a complicated question. As a preliminary matter, it will be necessary for a lawyer to determine whether your contract with ADT includes an arbitration clause with a class action waiver. Many consumer services contracts have such provisions, which are unfair and deny consumers access to the courts.
Use Avvo.com to find a highly rated class action lawyer.See question