Consumer Fraud/Consumer Protection

Settlement in Target Data Breach Class Action

November 20, 2015 | Peter S. Lubin and Patrick Austermuehle

As our world becomes increasingly digital, thefts are becoming less of the physical breaking-and-entering kind and instead deal with more theft of information. People steal credit card numbers, names, email addresses, home addresses, and all sorts of financial information. This puts those exposed in danger of identity theft, which can create enormous financial hassles by interfering with their taxes and credit ratings.

As digital theft has evolved, security has had to evolve with it. There are always ways of protecting yourself and others, and those who fail to take the necessary measures against hackers can be held accountable in the event that sensitive information is stolen. Continue reading ›

Home Depot Data Breach Class Action

November 15, 2015 | Peter S. Lubin and Patrick Austermuehle

More and more consumers these days are buying things with their credit and debit cards, instead of cash, especially large purchases. As a result, many retailers have security systems in place to protect themselves and their customers in the event of a cyber attack. For example, it’s now widely considered common practice to encrypt customers’ credit and debit card numbers.

According to a recent data breach class action lawsuit filed against Home Depot, the retailer allegedly failed to encrypt its customers’ credit card data or take other standard security measures.

Five former computer security employees of Home Depot have come forward to accuse the company of negligence. They allege Home Depot failed to follow basic industry standards, including scanning its customer systems on a regular basis. The retail giant also allegedly used outdated software and used only “C-level security,” claiming upgrades would be too expensive and disruptive to business. Continue reading ›

Spokeo Case Argued Before the Supreme Court — It Could Become the Death Knell For Many Statutory Consumer Claims

November 8, 2015 | Peter S. Lubin and Patrick Austermuehle

By now it’s common knowledge that you shouldn’t believe everything you see on the Internet. At the same time, many people regularly use the Internet to look up information on people, places, and businesses.

One Web directory, Spokeo Inc., is currently facing a lawsuit for posting inaccurate information of Thomas Robins on their website. Robins’s profile on Spokeo listed him as being in his 50s with a graduate degree, employed in a professional or technical field, with very strong economic health, a very high wealth level, and a wife and children.

Although Robins acknowledges his profile did have some accurate information, he says he was unemployed at the time the false information was posted in 2010, he does not have a graduate degree, is not married, has no children, and is not in his 50s. Continue reading ›

Ashley Madison Sued in Data Breach Class Actions

October 8, 2015 | Peter S. Lubin and Patrick Austermuehle

Class actions are an extremely useful tool that benefit both plaintiffs and the courts. When plaintiffs suffer small damages that are not large enough to justify the expenses associated with filing a lawsuit, a class action allows multiple plaintiffs with similar complaints to combine their claims into one lawsuit. This also saves the courts time and money by preventing them from getting flooded with numerous lawsuits of the same nature.

Companies who conduct business all over the country sometimes face multiple class action lawsuits in different courts. Depending on where the jurisdiction falls, these class action lawsuits can sometimes be combined into one, large, nation-wide class action lawsuit. Continue reading ›

Big Al Allegedly Scams Car Buyer on Payments for Financing According to NBC News

September 30, 2015 | Peter S. Lubin and Patrick Austermuehle

Our Chicago car dealer fraud and Lemon Law attorneys near Lombard and Westmont bring individual and class actions suits for defective cars with common design defects and auto dealer fraud and other car dealer scams such as selling rebuilt wrecks as certified used cars or misrepresenting a car as being in good condition when it is rebuilt wreck or had the odometer rolled back. Super Lawyers has selected our DuPage, Kane and Cook County auto-fraud, car dealer fraud and lemon law lawyers as among the top 5% in Illinois. We only collect our fee if we win or settle your case. For a free consultation call our Chicago class action lawyers at our toll free number 630-333-0333 or contact us on the web by clicking here.

‘Fight Of The Century’ Results in Class Action Suit for Pacquiao For Failing To Disclose Shoulder Injury

June 18, 2015 | Peter S. Lubin and Patrick Austermuehle

NPR reports Pacquiao Sued For Failing To Disclose Shoulder Injury in ‘Fight Of The Century’.

Certified Used Cars Do Not Always Meet Certification Specifications — Our Chicago Autofraud Lawyers Bring Suit To For Damages Arising From False Certifications

April 7, 2015 | Peter S. Lubin and Patrick Austermuehle

Buying a used car is always a risky business. You can never really know what the car went through in the hands of previous owners. In order to put customers’ minds at ease, car dealerships started offering “certified pre-owned” vehicles. The “certified” label is supposed to ward off consumers’ suspicion by providing a guarantee that the vehicle had to pass an inspection before going up for sale again. In exchange for this peace of mind, certified pre-owned vehicles are usually sold for a much higher price than a standard used car. But what exactly does this inspection consist of?

It turns out there are currently no legal requirements for selling a certified pre-owned vehicle. Instead, each manufacturer and car dealer has its own requirements, which can range from a 32-point inspection to a 300-point inspection. Continue reading ›

13 Car Buying Mistakes — Our Chicago Automobile Fraud Lawyers Fight For You

February 20, 2015 | Peter S. Lubin and Patrick Austermuehle

Bayer Sued in Class Action for Alleged False Brain Power Enhancement Claims for Flintstones Vitamins Containing DHA

February 15, 2015 | Peter S. Lubin and Patrick Austermuehle

New science is always coming out to tout the benefits of this or that new drug or supplement. Recently, docosahexaenoic acid (DHA) has been touted as instrumental for maintaining a healthy brain. DHA is an omega-3 fatty acid that constitutes a primary structural component of the human brain, as well as other vital organs. As a result, drug companies have started including it in their supplements and advertising their products as having the ability to boost brain health and performance based on their inclusion of DHA.

For example, Bayer Healthcare allegedly advertised their Flintstones Healthy Brain Support Gummies as improving brain function because the gummies contain Omega-3 DHA. Liza Gershman has filed a class action consumer lawsuit against Bayer alleging there is no scientific evidence to support the assertion that DHA improves brain function. To back up this claim, Gershman sites five studies that found no significant difference between a placebo and DHA derived from algae (the same form of DHA used in Bayer’s supplements) on cognitive function. Continue reading ›

Our Chicago Class Action Attorneys are Looking to Speak with Alleged Victims of Alleged Supplement Scam Who Purchased Supplements From Walgreens — NY Attorney General Investigates Alleged Supplement Scam

February 12, 2015 | Peter S. Lubin and Patrick Austermuehle

The federal Food and Drug Administration (FDA) has strict standards for prescription drugs before they can be sold to the public. They must undergo rigorous testing to validate their ingredients and effectiveness before being allowed to go to market.

Not everyone wants to take prescription drugs though. Many people prefer to first try natural alternatives, and that often includes supplements. Other people use supplements simply to make sure they are getting enough of the proper nutrients if they think their diet might be lacking. Either way, there’s plenty of money to be made in the supplements industry, and that opportunity, coupled with a lack of regulations, creates a strong temptation for some manufacturers to cheat.

When there’s big money to be made, there are usually people in place to make sure nothing interferes. Senator Orrin G. Hatch, for example, was a sponsor and chief architect of the 1994 law exempting supplements from the FDA’s strict approval process used for prescription drugs. Hatch has accepted hundreds of thousands of dollars in campaign contributions from the supplement industry and repeatedly intervened in Washington against proposed legislation that would put in place more stringent rules regarding supplements. Continue reading ›