Consumer Protection

Most consumers have learned to be suspicious or skeptical of deals that sound too good to be true or over-the-top advertisements from businesses. When consumers still get taken advantage of by various scams, false advertisements, or unfair sales tactics, these are known as “unfair or deceptive acts or practices.” Not only are they prohibited under state law, but there are also various federal protections offering relief.

Consumers in West Virginia and throughout the country have the right to get the quality products and services they pay their hard-earned money. If a person is misled or deceived during a consumer transaction, bought a defective product, wasn’t told critical information about a product, or paid for services that they didn’t receive, the consumer protection laws give them the right to recover damages.

Powell & Majestro P.L.L.C. is a distinguished law firm committed to protecting consumers from unfair, deceptive, and fraudulent business practices. Over the years, the firm has successfully litigated numerous consumer protection cases, helping individuals recover losses and hold corporations accountable for their unethical behavior. Below are the key areas in which Powell & Majestro P.L.L.C. provides legal assistance:

Credit Fraud

Credit fraud is a serious issue that affects thousands of consumers annually. Powell & Majestro P.L.L.C. has a proven track record in handling cases related to credit fraud, ensuring that victims receive the justice they deserve. Common forms of credit fraud include:

• Identity Theft: Fraudsters use stolen personal information to open credit accounts, make unauthorized purchases, or obtain loans.
• Unauthorized Charges: Credit card companies and businesses may process transactions that consumers did not approve.
• Credit Report Errors: Incorrect information on a credit report can lower credit scores and impact financial opportunities.
• Deceptive Credit Card Offers: Some lenders mislead consumers with hidden fees, changing interest rates, or false reward programs.

Deal and Loan Packing

Deal and loan packing are unethical practices where lenders or dealerships add unwanted products or services to a consumer’s loan agreement without clear disclosure. This practice results in higher costs and financial burdens. Powell & Majestro P.L.L.C. fights against:

• Undisclosed Add-ons: Including extended warranties, insurance, or service contracts in a loan without explicit consent.
• Inflated Costs: Overpricing vehicle accessories or services to increase the loan amount.
• Misrepresentation of Terms: Presenting misleading financing terms that differ from the final agreement.

Predatory Lending

Predatory lending occurs when financial institutions exploit borrowers by offering loans with excessive fees, high-interest rates, or deceptive terms. This practice disproportionately affects low-income individuals and those with poor credit histories. Examples include:

• Payday Loans: High-interest short-term loans with hidden fees.
• Mortgage Fraud: Charging excessive fees or misleading borrowers about loan terms.
• Auto Loans with Unfair Terms: Financing agreements that trap consumers in unfavorable debt.

Unfair Bank & Lender Practices

Banks and lenders often engage in unfair practices to maximize their profits at the expense of consumers. Powell & Majestro P.L.L.C. holds these financial institutions accountable for:

• Changing Fees Without Notification: Unexpected changes in maintenance, overdraft, or transaction fees.
• Delaying Deposits to Accounts: Holding funds longer than necessary to generate additional revenue.
• Manipulating Processes to Maximize Income: Reordering transactions to trigger overdraft fees.
• Opening New Accounts Without Consent: Creating unauthorized accounts in consumers’ names.
• Transferring Funds Between Accounts Without Permission: Moving money without authorization, causing overdrafts or financial hardship.

Unfair Debt Collection Practices

Debt collectors must abide by the Fair Debt Collection Practices Act (FDCPA), yet many use unlawful tactics. Powell & Majestro P.L.L.C. fights against:

• Misrepresenting the Name of the Company: Collectors posing as government agencies or law firms.
• Making False Statements: Exaggerating the amount owed or threatening legal action they cannot take.
• Harassing Phone Calls or Contacts: Repeated, aggressive communication meant to intimidate consumers.
• Contacting an Employer or Relative Without Permission: Attempting to embarrass or pressure the debtor through their personal connections.

Lemon Law Violations

Lemon laws protect consumers who purchase defective vehicles. Powell & Majestro P.L.L.C. assists clients dealing with:

• Vehicle Safety and Manufacturing Defects: Cars with recurring safety issues or mechanical problems.
• Failure to Repair Issues: Manufacturers refusing to fix known defects within a reasonable number of attempts.

Auto Sales Fraud

Auto dealerships sometimes engage in deceptive practices to sell vehicles. Powell & Majestro P.L.L.C. helps consumers who have been misled by:

• Knowingly Selling Cars That Have Been Repurchased Under the State’s Lemon Law: Dealers reselling defective vehicles without proper disclosure.
• Selling Wrecked Vehicles Without Disclosure: Failing to inform buyers about past accidents or structural damage.
• False Mileage Reporting: Tampering with odometers to show lower mileage.

Manufactured Home Defects

Many consumers purchase prefabricated or manufactured homes, expecting high-quality construction and fair warranty policies. Unfortunately, defects and manufacturer negligence can cause major issues. Powell & Majestro P.L.L.C. represents clients dealing with:

• Structural Defects: Issues with foundations, walls, or roofing that compromise safety.
• Electrical and Plumbing Failures: Faulty wiring or plumbing that leads to costly repairs.
• Failure to Honor Warranties: Manufacturers refusing to cover repairs as promised.

False Advertising

Consumers rely on truthful advertisements to make informed purchasing decisions. However, companies frequently engage in deceptive marketing tactics. Powell & Majestro P.L.L.C. prosecutes businesses that:

• Sell Products or Services Without Full Disclosure: Failing to mention key limitations or risks.
• Omit Important Information: Withholding material facts that would influence a consumer’s decision.
• Make Outright False Statements: Providing misleading claims about a product’s effectiveness or benefits.
• Use Bait-and-Switch Tactics: Advertising one product at a low price, then pressuring customers to buy a more expensive option.

Higher Education Fraud

The rising cost of education has led to increased instances of financial fraud targeting students. Powell & Majestro P.L.L.C. advocates for those affected by:

• Financial Aid Fraud: Schools or lenders misrepresenting financial aid eligibility or terms.
• Student Loan Fraud: Predatory lenders charging excessive interest rates or misleading students about repayment terms.
• Misrepresentation of Job Placement Rates: Schools inflating employment statistics to attract students.
• Diploma Mills: Institutions selling worthless degrees with no accreditation.

Protecting Consumers’ Rights

Powell & Majestro P.L.L.C. is dedicated to holding corporations, financial institutions, and businesses accountable for unfair practices. If you have been a victim of consumer fraud, predatory lending, unfair banking, or deceptive advertising, our experienced attorneys can help you fight for justice. We offer strong legal guidance and aggressive representation to ensure you receive the compensation and protection you deserve.

Contact Powell & Majestro P.L.L.C. today to schedule a consultation and learn more about your legal options.

State and federal laws give consumers the right to seek compensation for these shady business practices for the financial injuries and other damages suffered due to:

• false statements
• undisclosed costs
• bait-and-switch scams
• deceptive guarantees or warranties
• misleading labels
• confusing ads

While each state’s laws may differ, most states have adopted consumer protection laws prohibiting businesses from intentionally misleading consumers. For example, the West Virginia Consumer Credit and Protection Act (W. Va. Code § 46A-6-101 et seq.) offers a variety of general consumer protections and provides remedies, including the right to bring a private cause of action, for unfair methods of competition and unfair or deceptive acts or practices.

There are also federal laws offering consumer protection from deceptive practices, including:

• Fair Credit Reporting Act (FCRA)
• Equal Credit Opportunity Act (ECOA)
• Fair Debt Collection Practices Act (FDCPA)
• Consumer Product Safety Act (CPSA)
• Consumer Protection Act (Dodd-Frank Act)
• Truth in Lending Act (TILA)
• Magnuson Moss Warranty Act

Experienced and Skilled West Virginia Deceptive Practices Law Firm

At Powell & Majestro P.L.L.C., we believe strongly in protecting the rights of consumers against deceptive practices. No person or small business should suffer financially or emotionally because of the actions of a few bad apples.

Our attorneys have more than 100 years of combined experience protecting consumer rights. We understand consumer protection law and fight hard to get our clients the results they need and deserve.

Drawing on our deep knowledge of state and federal laws and strong track record of results, we frequently work with other attorneys and experts to help clients get the best possible results, as evidenced in the following cases:

• Hurley v. Messer, Wayne Co BOE (2020) – As Co-Lead Counsel, Mr. Majestro successfully negotiated a $300,000 county-wide settlement with defendants alleging that they had violated the Telephone Consumer Protection Act. Messer made prerecorded calls using an automated telephone dialing system without permission to residents of Wayne County regarding an upcoming BOE election in which Messer was seeking re-election.
• Womack v. Virginia Meadows LLC, et al. (2020) – As Plaintiffs’ Co-Lead Counsel, Mr. Majestro successfully negotiated a settlement with defendant contractors regarding defective construction and workmanship on houses located in a Putnam County, WV subdivision, as well as the subdivision developer and real estate companies and agents.
• Hertz Corporation (2017) – As Lead Counsel, Mr. Majestro successfully negotiated a $2 million nationwide settlement with Hertz as a result charging improper administrative fees to rental customers.
• Enterprise Holdings, Inc. (2010) – As Lead Counsel, Mr. Majestro successfully negotiated a nationwide settlement with Enterprise. Enterprise sold certain cars that had been manufactured without OnStar Automatic Crash Notification systems, and front and rear side curtain airbags which were standard on retail models, without notice to purchasers.
• Ysbrand v. DaimerChrysler Corp., 81 P.3d 618, (Okla. 2003) – Mr. Majestro was appointed class co-counsel in this national class action against the manufacturer of minivans containing defective airbags. Mr. Majestro’s work on the case included supervising class discovery, and taking the lead role in briefing the jurisdictional, class, and dispositive motions in the case. Mr. Majestro successfully defended the order certifying the national class in the case in the Oklahoma Supreme Court and against a petition for certiorari to the United States Supreme Court. In convincing the Oklahoma Supreme Court to approve the certification of a national class, Mr. Majestro successfully distinguished a number of contrary opinions declining national class certifications in state-law warranty cases.
• State ex rel. Bell Atlantic-West Virginia, Inc. v. Ranson, 497 S.E.2d 755 (W. Va. 1997) – Mr. Majestro was appointed class co-counsel in this state-wide consumer fraud class action involving inside wire maintenance charges. Mr. Majestro’s work on this case included managing the deposition and document discovery and briefing and arguing the class and dispositive issues. Mr. Majestro successfully briefed and argued the appeal to the West Virginia Supreme Court which resulted in a published opinion setting forth new state law in the areas of primary jurisdiction and personal jurisdiction.
• Ysbrand v. DaimerChrysler Corp., 81 P.3d 618, (Okla. 2003) – Mr. Majestro was appointed class co-counsel in this national class action against the manufacturer of minivans containing defective airbags. Mr. Majestro’s work on the case included supervising class discovery, and taking the lead role in briefing the jurisdictional, class, and dispositive motions in the case. Mr. Majestro successfully defended the order certifying the national class in the case in the Oklahoma Supreme Court and against a petition for certiorari to the United States Supreme Court. In convincing the Oklahoma Supreme Court to approve the certification of a national class, Mr. Majestro successfully distinguished a number of contrary opinions declining national class certifications in state-law warranty cases.
• Community Health Assn. v. Lucent Tech., Inc. (Kanawha County, W.Va.) – Mr. Majestro was appointed class counsel in this national class action against the manufacturers and distributors of approximately 100,000 business telephone systems that were not Y2K compliant. Mr. Majestro’s role in the case included successfully briefing and arguing class, jurisdictional, and dispositive motions including related attempted appeals to the United States Court of Appeals for the Fourth Circuit and the West Virginia Supreme Court. Mr. Majestro participated in the conduct of fact discovery and in the preparation and retention of experts. Mr. Majestro designed the case theory that allowed successful certification of the state-law claims on a national basis while complying with requirements of the then newly-enacted federal Y2K Act.

Referring Your Class Action Clients to Powell & Majestro P.L.L.C.

Every law firm has its specialties, and it doesn’t make sense to try to be all things to all people. But a conscientious law firm also won’t want to pass by the opportunity to help a current or potential client who has a strong case. When a case is beyond the scope of your firm’s services or too complex, the experienced consumer protection attorneys at Powell & Majestro P.L.L.C. can help.

Our firm has been serving the needs of clients for over two decades as lead counsel or co-counsel on multi-firm litigation cases. Many of our clients reach us by way of referrals from law firms that take advantage of our generous referral agreements.

Whether you are an individual who believes you have a consumer protection case or a business partner wishing to make a referral, contact our offices to discuss your situation. Please call (800) 650-2889 or contact us online to schedule a free initial consultation. Video consultations are available for individuals who reside outside of Charleston.