Consumer Law

Consumers are involved in a legal transaction each time they purchase something and agree to the terms of the transaction, even if it’s just a simple click on the computer. In California, as in other states, consumer laws and regulations are intended to protect individuals from deceptive trade practices, such as “bait and switch;” pyramid schemes; and telemarketing fraud. Consumer laws also protect people from identity theft, phishing, and other crimes targeting consumers. California’s lemon law, for instance, requires dealers to reimburse any customer whose automobile fails to meet basic quality and safety standards within the first 18 months after the date of purchase.

Sub-Categories

Breach of Contract

A breach of contract is a failure, without legal excuse, to perform any promise that forms all or part of the contract.  This includes failure to perform in a manner that meets the standards of the industry or the requirements of any express warranty or implied warranty, including the implied warranty of merchantability.  A breach of contract might occur when a co-worker refuses to complete her portion of a job; when an employee does something prohibited by his job contract; or even when a customer prevents the contractor from satisfying the obligation or finishing the project at hand.  Contact our Active Law Group breach of contract attorney for free legal consultation or with any legal questions or concerns. Under contract law, the breach of contract can be categorized as material or immaterial, depending on the type of damages the at-fault party has caused.  A material or total breach occurs when the duty not performed is so essential that the main purpose of the contract cannot be fulfilled. An immaterial, or partial breach occurs when the majority of the duties specified in the contract have still been performed. You can still seek damages after a partial breach, but you cannot terminate the contract. If a breach of contract occurs, then the injured party may be offered a remedy in the form of legal remedies, or money damages, equitable remedies, or restitution by the California courts. Legal remedies are limited by certain principles, and certain damages are awarded only in specific situations. Equitable remedies can be awarded alone or alongside legal remedies. They may include a specific performance requirement, injunction, or restitution. Restitution is when the offending party must provide the injured party with the exact property given to him by the plaintiff (specific restitution) or a sum of money that reflects the extent to which the breach has injured him (substitutionary restitution) Breach of Contract claims are imperative because not all breaches actually invalidate the contract. Having an experienced lawyer evaluate your case is crucial.  A Lake Forest breach of contract attorney from Active Law Group can address your concerns and help you with your case. Contact our office today at +1(800)-237-3027 for a free consultation.

Consumer Fraud 

In California, the crime of fraud encompasses several different offenses. What most fraud crimes have in common under California law is that they either consisted of actions that (1) resulted in an unfair benefit for the defendant and/ or (2) harmed another person or caused them a loss. Fraud includes a wide range of crimes within the California Penal Code.

Fraud is usually referred to as “white-collar crime,” and consists of several crimes including but not limited to: forgery and identity theft, insurance fraud, mail fraud, real estate and mortgage fraud, generic financial fraud, and fraud involving the elderly.

The most common defenses for fraud charges in California:

No fraudulent intent – Fraud can only be charged when there is intent to defraud. If defrauding someone was not your objective, your defense attorney will help you argue accordingly. For example, when a defendant is charged with check fraud, if the defendant believed that he had enough money to cover the check, he cannot be found guilty of check fraud.

Mistaken Identity – Mistaken identity can be a useful defense for fraud. There are two situations where an attorney can help you argue mistaken identity. In one case, you may be the victim of mistaken eye-witness identification. In the second case, you may be mistakenly identified by assumption. For example, you work at a nursing home in the accounting department and are charged with theft for funds that you did not take. However, since you work in accounting, it is assumed that you took it.

Entrapment – Entrapment is not easy to prove in California. Under California law, it is not sufficient for undercover police to provide a suspect with an opportunity to commit a crime. To rise to the level of entrapment, police had to coerce an individual to perpetrate a crime that he or she would not have otherwise perpetrated. This can often be very difficult to prove.

If you are facing fraud charges in Los Angeles County, Riverside County or Orange County, don’t waste anytime. Active Law Group can help you immediately. Call +1(800)-237-3027 for a FREE confidential consultation.

Collection Agencies Harassment

Fair Debt Collection Practices Act States:
There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.

Examples of what is Abusive, Deceptive, and Unfair are:
• Asking you to pay more than you owe
• Asking you to pay interest, fees, or expenses that are not allowed by law
• Calling repeatedly or continuously
• Use obscene, profane, or abusive language
• Call before 8:00 am or after 9:00 pm
• Call at times the collector knew or should know are inconvenient
• Use or threaten to use violence if you don’t pay the debt
• Threaten action they cannot or will not take
• Illegally inform a third party about your alleged debt
• Repeatedly call a third party to get your location information
• Contact you at work knowing your employer doesn’t approve
• Fail to send a written debt validation notice
• Ignore your written request to verify the debt and continue to collect
• Continue to collect on the debt before providing verification
• Continue collection attempts after receiving a cease communication notice

Collection Matters

Orange County Debt Collections Attorney

You may not know how to make your debtor pay, but we do. Located in Lake Forest, Active Law Group, provides commercial and consumer debt collection services for individuals and businesses throughout the region. Read below for information about our strategies.

Every day you spend trying to collect money is a day wasted. Get the money you are owed. Call our firm at (949)-855-0600 or email us online to get started.

Why Should I Hire You Over A Collections Agency?
Many people ask this question. As an attorney, there are three main benefits I provide that collections agencies cannot.
1. The first is intimidation. Receiving a letter from a collections agency does not carry the same weight as a letter sent by a law firm. When people get letters from lawyers, they take heed.
2. The second is the multiple collections avenues attorneys can pursue. Collections agencies are limited to making calls and sending letters — not effective ways to collect debt from people who don’t want to pay. If a letter or call doesn’t work, you’ll need to hire an attorney to enforce your judgment. Working with me off the bat streamlines the process.
3. The third reason to hire an attorney instead of a collections agency is the level of dedication to your case. I will work hard for you — as an attorney, I am required to by law. Collections agencies are not. If they don’t feel like pounding the pavement, they don’t have to. If an attorney was not diligent in his/her collection actions, there are ethical and professional consequences.

How Will You Locate My Debtor’s Assets?
We know how to find the money. Our team is skilled in investigation. We know where to look and we know how to make debtors disclose their assets. We trace assets, subpoena documents and conduct debtor examinations to find bank accounts and other assets that can be used to satisfy your judgment.

Active Law Group Debt Collecting Strategies:
We hit the ground running. Our team uses every available debt collection tool — including wage garnishments, bank levies, foreclosures and appointing receivers — to get you the money you are owed. We know what makes debtors tick and how to apply the right amount of pressure to force payment.

How Do I Get Started?
Getting started is easy. All you need to do is call us. We will ask you questions, investigate your debtor and develop a strategy to get you paid. You don’t even need to come into our office if you don’t want to — we can do everything over the phone and through the mail. Don’t wait another day; call +1(800)-237-3027 or contact us online.

Lemon Law

The basics of California’s lemon law, which protects consumers who purchase a new automobile that fails to conform to reasonably expected standards and requires refund or replacement.

So, you’ve got a lemon. While it’s not ideal, it’s inevitable — vehicles can’t be built perfectly 100% of the time. When your vehicle repeatedly fails to meet the manufacturer’s warranty after a reasonable number of attempts at repair, you may be entitled to a refund or replacement. Even if your vehicle isn’t considered a lemon, you may be eligible for cash compensation.

If you are the original purchaser of a lemon, you are entitled to a refund of the following:

  • Your down payment and any monthly payments you’ve made.
  • The balance of your loan.
  • Collateral charges, i.e. sales tax, finance charges, and prorated registration and service contracts.
  • Rental car, tow truck, and any other expenses that are a direct consequence of your lemon.

If you leased a lemon, you are entitled to:

  • Your down payment.
  • Your monthly lease payments.
  • All remaining lease payments.
  • Collateral charges, i.e. sales tax, finance charges, and prorated registration and service contracts.
  • Rental car, tow truck, and any other expenses that are a direct consequence of your lemon.

If you’re unsure whether you qualify for a full refund or lemon law buyback, give our Active Law Team a call and we will walk you through the lemon law process and criteria. There are certain criteria that need to be met when it comes to getting the recovery you deserve, and the lemon laws differ from state to state and may apply differently to your specific situation. Our lemon law lawyers are experts at this area of law and can guide you through the steps of the lemon law process.

Repossessions

In California, if you default on your car loan—that is, fail to make the payments or violate the loan contract in some other way—you aren’t entitled to notice before a repo agent takes your car. But after the repossession, you’re entitled to several written notices, including one about how you can get the vehicle back. Also, the repossession agent can’t do certain things when taking your car.

How Car Repossessions in California Works:

As soon as you miss a car payment in California, the lender can arrange to have your car repossessed. The lender may also repossess the car if you breach the loan agreement in some other way, like by letting the insurance lapse. (Cal. Com. Code § 9609).

Once you default, the car repossession company can simply take your car—it doesn’t need your permission or to tell you in advance.

Notices You’ll Get!!

Under California law, the lender has to send you the following notices after repossessing your car:

  • A notice about the seizure
  • An inventory of your personal effects, and;
  • A notice about your right to get the back through reinstatement or redemption.

Contact an Active Law Group Attorney:

If you think the lender didn’t comply with California law when repossessing your vehicle and you want the vehicle back, talk to a lawyer right away. Our (A.L.G.) lawyers can help you raise the issue either directly to the lender or help you file a lawsuit in court.

Credit Issues

Disputing Credit Issues 

Under the FCRA, both CRAs and the entity reporting information to CRAs are required to correct inaccurate or incomplete information in your report. If you believe your credit report contains errors, you may dispute the incorrect information.

Request a copy of your credit report: Each year, you are eligible to receive one copy of your credit report at no cost to you. Additionally, you are permitted to request a copy if a company has taken adverse action against you

Credit Reports

Fair Credit Reporting Act (FCRA) Dispute

When your credit report contains erroneous, incomplete, or outdated information, it can have a serious effect on your ability to qualify for work, loans, credit cards, and insurance. By law, you are entitled to keep track of your credit

report,

and request that any inaccurate information is removed. If creditors refuse to remove inaccurate information from your credit report when the necessary proof is provided, you may be able to file a lawsuit to recover compensation for any resulting losses. Our credit report dispute attorneys have years of experience handling credit report disputes, clearing credit report errors, and successfully recovering compensation for our clients.

Fair Credit Reporting Act

According to the Federal Trade Commission, the Fair Credit Reporting Act promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies.

Rights afforded to you under the FCRA include:

  • Notification if information in your file has been used against you;
  • Access to information in your file;
  • Knowledge of your credit score;
  • The ability to dispute inaccurate information;
  • Having verified inaccurate information removed from your while within 30 days of the dispute;
  • Ensuring outdated negative information is not reported;
  • The ability to limit access to your credit report;
  • Mandatory consent for reports provided to employers;
  • Removal of your name from consumer reporting agency lists for unsolicited insurance and credit offers; and
  • The ability to seek damages from violators.

You may also be provided additional protection under state laws, so it’s important to contact an attorney if you suspect your rights have been violated.

Attention!!!

If you need assistance disputing inaccurate or obsolete information in your credit report, contact an Active Law Group attorney in our office by calling, +1(800)-237-3027 for a FREE confidential consultation.

California Identity Theft

California Identity Theft Law:

The basics of how California law handles the crime of identity theft, which involves the use of someone else’s personally identifying information to secure credit or purchase goods.

Identity theft is defined in the California Penal Code Section 530 defines the crime as any person that unlawfully and intentionally acquires and retains possession of personal identifying information of another person. In most cases that means that a person has either gained access to a person’s computer information or mail and uses the information to create a credit card, or other account, to get money or items that they are not entitled. It is important to realize that each item that contains personal information in the possession of the person charged with the crime is another offense. Each count of identity theft is a felony and carries a punishment of 3 years of state prison, restitution to the victim, substantial court costs and fines, parole or probation, and potentially a loss of your job.

Identity theft is not only prosecuted by the District Attorney in State court. The United States Attorney’s Office vigorously prosecutes identity theft as a Federal crime. The Identity Theft and Assumption Deterrence Act of 1998 (ITADA) was enacted to punish individuals at the Federal level. The penalties include fins and punishment in Federal prison for up to 25 years.

If you have been charged with an identity theft crime in Los Angeles County, Riverside County, or Orange County, it is important that you seek the services of a criminal defense attorney with extensive experience with these types of cases. Whether you are charged with a felony or a misdemeanor, call Active Law Group. Our attorneys understand the serious nature of this offense, how best to defend you, and how to resolve your case without you going to jail.