Miami Class Action Attorneys

Baron & Herskowitz takes pride in representing consumers against “Big Business” for their unfair treatment of consumers. The firm handles claims in which there are unfair and deceptive trade practices, improper debt collection techniques, and other unfair mistreatment of consumers.

The firm handles claims on an individual and class basis. We have had recent success against companies such as Wyndham Hotels and Foundation Health of Florida. If you feel that you have been mistreated or treated unfairly as a consumer, please do not hesitate to contact our office.

Attorney Jon Herskowitz appears on NBC 6 to discuss homeowner clients fighting foreclosure fees added to their mortgages

Unfair and Deceptive Trade Practices

The Federal Trade Commission (FTC), the largest federal agency to handle consumer complaints regulates unfair or deceptive trade practices. Each state also has its own consumer protection statutes, allowing consumers to sue over false or deceptive advertising and other unfair or injurious consumer practices.

False advertising is one of the biggest forms of unfair and deceptive trade practices. In order to file a claim, the consumer must be able to prove:

  • The company made false claims about a product
  • The consumer relied on the false information
  • The consumer was harmed as a result

Improper Debt Collection Techniques

Consumers are protected from improper or illegal conduct of debt collectors under the federal Fair Debt Collection Practices Act (FDCPA). Personal, family and households debts are covered under the FDCPA, including auto loans, money owed for medical care and credit card accounts.

The FDCPA was enacted to protect consumers from abusive or unfair debt collection practices such as:

  • Harassment
  • Using threats of violence or harm
  • Using obscene language
  • Constantly calling or contacting the consumer
  • Calling before 8 a.m. or after 9 p.m. without consent from the consumer
  • Contacting the consumer at work despite knowing that his or her employer disapproves
  • Harassing the consumer even after he or she sends in a written letter telling them to stop
  • Giving false credit information to a credit bureau or anyone for that matter
  • Deposit a post-dated check prematurely
  • Collect more than what you owe

Debt collectors also may not use false or misleading information when trying to collect on a debt. Examples include:

  • Falsely implying that that consumer has committed a crime
  • Saying that they are someone else such as an attorney or a government agency, using false names
  • Making false claims about working for a credit bureau
  • Claiming that the papers being sent are legal documents even though they are not

Unfair Mistreatment of Consumers

If you feel that you have been mistreated in any way, you can seek legal help from the attorneys at Baron & Herskowitz. We handle cases involving mistreatment on an individual and class basis and will let you know what the best course of legal action is for your circumstances. To find out if you have a legal claim, contact our office today.