Amusement parks are cherished destinations where memories are made and thrills are experienced. By adhering to these regulations, amusement parks contribute to a vibrant and secure environment that allows visitors to embark on unforgettable journeys while knowing that their safety is in capable hands. Here is what you need to know if you are injured….
I recently represented some clients that were ripped off by a RV Dealer. The dealer denied any wrongdoing. The arbitrator disagreed, and found Portland RV Wholesale was in violation of the Unlawful Trade Practices Act (ORS 646.608). The total award was $15,939.12.
I recently prevailed in a Lawsuit against another vehicle dealer on Portland's 82nd Ave. On behalf of Ross Law, I represented a couple that purchased a motor-home from Portland RV Wholesale. During the purchase the couple had questions about the motor-home and whether or not it would be inspected. Portland RV wholesale's sales person informed the couple the motor home had been thoroughly inspected by Portland RV Wholesale.
The couple later discovered the motor-home's rear end and rear brakes were malfunctioning and needed to be replaced. A mechanic noted it was obvious the rear end and brakes had been submerged in water for a period of time. However, the couple never had submerged the vehicle in water, so the vehicle would have had to have been submerged in water prior to the sale. If Portland RV would have inspected the vehicle they should have known that the vehicle was submerged and had defective rear brakes and a defective rear end.
I relied on the Oregon Administrative Rules that apply to car dealers to show Portland RV Wholesale had engaged in unlawful trade practices. The case was heard in court annexed arbitration. The Arbitrator awarded also awarded my clients costs and their attorney fees under ORS 646.638. However, this may be the beginning of a future battle. Portland RV Wholesale may request a trial de novo, and force my clients to put on the case again in front of a Jury. Only time will tell what Portland RV Wholesale chooses to do.
If you have been injured or ripped off, or a crime victim in Oregon please call Portland Attorney Jeremiah Ross at 503.224.1658. Please remember that all outcomes vary and Jeremiah Ross does not guarantee you can prevail in your lawsuit. Also, please note that this post is about a Court Arbitration, and Portland RV Wholesale has the right to appeal the matter and request a Jury Trial. The outcome may be different at a Jury Trial.
Last month I posted about prevailing in my recent case against Stop and Go Auto (AKA G&G Auto Enterprises LLC) in an arbitration matter. Jeremiah Ross represented three other clients in a matter against Stop and Go Auto. The Arbitrator awarded two of the clients damages totaling almost $45,000.00.
The case was a complex transaction where three relatives attempted to purchase three vehicles from Stop and Go. In doing so, one of the consumers provided property to trade in for her vehicle. Ross Law was able to prove Stop and Go Auto unlawfully rolled the Negative Equity into the price of the new car. Ross Law also proved Stop and Go used an illusory cash down payment that did not exist and noted it on the Retail Installment Contract. Ross Law also proved Stop and Go failed to list the value given for four wheeler on the Retail Installment Contract These were all violations of the Truth In Lending Act. Ross Law also proved Stop and Go violated Oregon's Unlawful Trade Practices Act (UTPA) by not properly accounting for all of the property that was traded in, rolling in the negative equity to the purchase price, falsely advertising the price of the vehicle, and failing to give the consumer her key's back when asked.
The second Consumer's case involved an unlawful Yo-Yo Sale. After the three consumers left the lot with their vehicle, one consumer was called back in a couple of days later and told he got a better financing deal. Unbeknownst to him the loan term was extended and the financing rate was increased. This scheme allowed Stop and Go to lower the monthly payment while charging a substantial amount more to finance the vehicle. Stop and Go also did not account for the property that was traded in to purchase this vehicle. These were violations of the Truth In Lending Act and/or the UTPA.
This case was also unique in the fact the consumers had attempted to settle their case with the dealer before I was involved. They signed a release and waiver of all of their rights. Basically they singed a piece of paper saying they would not sue the dealer. I used the law to defeat the defense's claim that the consumers already settled their case.
This was a very complicated case that another Attorney had turned down. There were good facts and bad facts for both of the parties. However, at the end of the day the arbitrator found in favor of my clients. If you have any issues with an Oregon Used Car Dealer please call Jeremiah Ross at 503.224.1658. Please note results may vary and there is no guarantee Ross Law LLC can prevail in your lawsuit.
Magnuson–Moss Warranty Act (15 U.S.C §2301, et seq): This Federal law applies to consumer products sold with a written warranty. However, it is not that cut and dry. It is important to review this statute to determine whether or not a “warranty” exists under the statute. Additionally, the claim must be examined to determine if it is ripe for litigation. The Magnuson Moss Act has an attorney fee provision. (15 USC §2310 (d) (2))
If you believe you have a car warranty or service Contract issue that an Oregon Lawyer may help you with. Call Oregon Attorney, Jeremiah Ross at 503.224.1658. Ross Law LLC is always willing to speak with people about their potential case. Please remember the law is constantly changing, so don’t rely on this post for legal advice.
It is all to common for businesses to overcharge folks during Holiday Sales. Failing to honor advertised discounts, failing to give the sale price at the register, or giving the wrong sale price at the register can all be violations of Oregon’s Unlawful Trade Practices Act. (ORS 646.608) Many people are overcharged and are unaware of it until they have the opportunity to review their receipt.
Once the consumer returns to the store to resolve the price discrepancy they are greeted with long customer service lines and sometimes difficult staff that may not be very helpful. Some stores ask consumers to call the “customer service” hotline. It is no surprise many consumers give up simply due to the hassle of dealing with the return, but they shouldn’t.
Oregon’s Unlawful Trade Practices Act allows for consumers to file a lawsuit and seek either the cost of the item back, or $200.00, whichever is greater. (ORS 646.638 (1)) To date, Oregon Courts have yet to resolve the issue of whether a consumer is entitled to monetary compensation for inconvenience and emotional distress, so those damages may also be available. Additionally, if a consumer prevails their Attorney’s Fees and Court Costs should be paid by the business that overcharged them. Many attorneys in Oregon, such as Jeremiah Ross at Ross Law LLC, will take these cases on a contingency fee. That means that the client may not have to pay any Attorney’s fees or costs if they elect to file a lawsuit against the business that ripped them off.
If you believe you have been ripped off by a business or overcharged, contact Portland Oregon based Jeremiah Ross at Ross Law LLC. Call503.224.1658 for your free telephone consultation regarding your fraud or unlawful trade practices case.
This post is for informational purposes only and should not be relied upon for legal advice. Please remember the law is constantly changing and you should consult with an Attorney prior to making any decision regarding pursuing a case against a business who may have overcharged you. This post does not create an Attorney Client relationship.
Many Oregonians stood in long lines and braved the unruly crowds to try and get great Holiday deals. Most big box stores advertised great deals on specific items. These deals are designed to lure people into the store where they will most likely purchase more than just the advertised item.
However, some stores will advertise amazing prices on an item and when you get to the store they claim they are out of the item. This may be a violation of Oregon Law. ORS 646.608 prohibits stores from advertising goods “with the intent not to supply reasonably expectabile public demand, unless the advertisement discloses a limitation on quality.”
Why is this important? A consumer that is a victim of this violation of the law may be entitled to either the item’s purchase price or $200.00 which ever is greater. Additionally, some Oregon Lawyers, such as Jeremiah Ross at Ross Law LLC may take these cases on a contingency basis. Their fees may be paid by the store that ripped you off.
However, people need to remember they need to be able to prove these violations. Cell phone pictures of empty shelves and screen shots of on-line advertisements can be great evidence of the violation. Notes regarding who informed you there are not any items left and a description of that employee can be useful to prove these types of violations.
If you think you may have been a victim of a store’s unlawful trade practices then contact an Oregon Attorney. Call Jeremiah Ross at Ross Law LLC at 503.224.1658 to schedule your free phone consultation. This post is for informational purposes only. Do not solely rely on this post you should contact an Attorney to discuss your options. Also, this post does not create an Attorney Client relationship.
The Holidays are here, and so are the great deals. However, many stores lure folks in with what appear to be great deals only to overcharge or fail to honor the advertised discounts. Most folks discover this after the purchase and the long lines and chaos of the holiday season deter them from further pursuing the matter.
This does not mean you are without remedies. Oregon Law (ORS 646.608) prohibits stores from advertising goods with the intent not to provide them as advertised. For example if you receive an e-mail advertising Mom’s Disgusting Fruit Cake for $5.00 and then you are charged $6.00 for Mom’s disgusting Fruit Cake then the retailer may have violated Oregon Law.
Additionally, if stores make misleading representations of fact concerning the offering price of goods then they may be violating the law. This is common when discounts are advertised at the store. For example if a store places a sign that states “25% Off” above ugly Christmas Sweaters then the store charges you full price, they may have violated Oregon Law.
What are you to do? Can you get your money back? Can you get more than the purchase price back? If you think you have been overcharged or ripped off by a retailer contact Oregon Attorney Jeremiah Ross at Ross Law LLC. Call 503.224.1658 for a free phone consultation. Ross Law LLC may be able to assist you at no charge. Please remember this post does not create an Attorney Client relationship. Also, you should consult with an Oregon Attorney regarding your rights and remedies and do not rely solely on this post.
