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., has successfully litigated numerous consumer protection cases, including:

• Credit Fraud
  • Deal packing
  • Loan packing
  • Predatory lending
• Unfair Bank & Lender Practices
  • Changing fees without notification
  • Delaying deposits to accounts
  • Manipulating processes to maximize bank income
  • Opening new accounts without the consumer’s consent
  • Transferring funds between accounts without permission
• Unfair Debt Collection
  • misrepresenting the name of the company
  • making false statements
  • making harassing phone calls or contacts
  • contacting an employer or relative without permission
• Lemon Law
  • Vehicle safety and manufacturing defects
• Auto Sales Fraud
  • Knowingly selling cars that have already been repurchased under the state’s lemon law
  • Selling vehicles that have previously been wrecked and not disclosing the information.
• Manufactured Home Defects
  • Prefabricated or manufactured home defects
  • Manufacturers failure to honor warranties
• False Advertising
  • Selling products or services do not give consumers the complete picture through their ads
    • Omitting information
    • Making outright false statements
• Higher Education Fraud
  • Financial Aid Fraud
  • Student Loan Fraud

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.