Class Actions

Telephone Consumer Protection Act

On February 22, 2015 / Class Actions, Consumer Privacy, Featured Practice Area, Practice Areas

Few things are more irritating that being interrupted by unwanted sales calls. Even worse is having telemarketers take up your valuable cell phone minutes or fax paper. In 1991, Congress passed the Telephone Consumer Protection Act (TCPA) to help protect people like you from these abuses.

Prohibited Conduct

Under the TCPA, telemarketers are prohibited from:

making calls to cell phones using automated telephone dialing equipment or an artificial or prerecorded voice without consent
sending unsolicited advertising faxes
sending unsolicited advertising text messages
calling residences before 8 a.m. or after 9 p.m., local time
failing to honor the national Do Not Call registry

What You Can Do

Congress also gave the TCPA some teeth: violators may be liable for up to $1,500 in statutory damages for each violation. If a company adopted a systematic policy of violating the TCPA, a class action claim might be possible for damages and/or a court order stopping the illegal practice. Caddell & Chapman is currently representing plaintiffs bringing claims on behalf of classes of consumers seeking such remedies against telemarketers.

You May Not Be the Only One

At the law firm of Caddell & Chapman, our attorneys have more than a decade of experience handling significant privacy class actions, including claims under federal privacy statutes such as the Fair Credit Reporting Act (FCRA) and TCPA on a nationwide basis.

When you contact us to review your complaint against a telemarketer, we will thoroughly review whether other people have been impacted as well.

If that is the case, we will pursue a class action lawsuit to seek compensation for everyone who has suffered damages due to the same act of wrongdoing, and to order the defendant to change its practices.

Defective Computers & Electronics

On February 13, 2015 / Class Actions, Practice Areas

If you have purchased a defective computer or electronic equipment, you may be able to take legal action to seek compensation for financial damages suffered in your quest to repair or replace the product.

Types of Computer Defects

Computers are complex electronic devices. Defects can come in many forms. Some signs include:

Constant reboots
Persistent crashes
Screen flickers and other screen problems
Battery problems
Hard drive problems
Mother board issues

Defective computers can come from any manufacturer, including Apple, Dell, Sony and Toshiba. Caddell & Chapman was successful in leading a nationwide class action lawsuit filed against Toshiba America Information Systems, Inc. for alleged defects in the Toshiba Satellite® A70, A75, M30X, and M35X notebook computers, which contained a system defect that caused them to freeze, reboot and/or crash, shut down and/or lock-up with a black screen due to static electricity. Following a multitude of consumer complaints, Caddell & Chapman was successful in obtaining a nationwide settlement for the class of over 869,000 consumers. Moreover, after obtaining final approval from the Los Angeles Superior Court on May 31, 2007, an impressive 66,906 warranty claims had been fulfilled by Toshiba.

Frequently, these defects impact more than a single computer. If you have researched the problem online and have learned that other people have experienced the same issues you have, there may be a defect that impacts all computers of a certain model.

In many cases, a warranty may have been issued. Even if the manufacturer repairs the computer according to the warranty, there may still be costs suffered, and it is a major inconvenience.

When You are Not the Only One Who was Sold a Bad Computer

At Caddell & Chapman, our attorneys offer nationwide representation in defective computer disputes. We have more than two decades of experience and have focused our practice specifically on handling significant cases that impact multiple consumers.

When you contact us about your defective computer case, we will do the research. We will find out how many people have been impacted by the same defect.

If we file a class action lawsuit, our goal is to get compensation for you, as well as for everyone who bought the same bad computer that you did.

Consumer Fraud Claims

On February 13, 2015 / Class Actions, Practice Areas

“I’ve been cheated.”

Have you found yourself saying those words after you purchased a product or service?

People who have been defrauded by businesses may be able to take legal action in order to get compensation for the damages suffered because of the company’s wrongdoing.

Types of Consumer Fraud

Consumer fraud can come in many forms. It can be obvious, such as selling a product that doesn’t do what it’s supposed to do. It can be devious, such as mislabeled products or hidden charges on credit card bills. For example, Caddell & Chapman was Co-lead Counsel in a national class action against McDonalds concerning its claim that its French fries were fried in all-vegetable oil. In reality, McDonald’s restaurants in the U.S. continued to serve french fries and hash browns that were cooked using flavoring derived from beef. Many Americans have deep convictions—religious, moral or otherwise—against eating food that contains beef. Caddell & Chapman brought a class action against McDonald’s seeking to halt this deceptive practice and seeking restitution and a corporate apology. Judge Seibel of the Cook County Circuit Court in Illinois granted final approval to a proposed settlement in this class action, which provided for a published apology (McDonald’s acknowledged that “meat flavoring” was added to its french fries when they were parboiled at the factory), $10 million in contributions to affected groups, a disclosure commitment, creation of a consumer advisory board, attorney’s fees of $2,465,000, and expenses of $85,000.

Consumer fraud cases can also involve defective products. The real fraud isn’t that a company sold a defective product. The real fraud is when a company continues to sell a defective product after they have become aware of the problems with the product. This issue has arisen frequently with defective computers.

Consumer fraud cases can also involve a billing issue of some sort. These situations can also involve anything from unauthorized billing to hidden charges on a cable or cell phone bill.

You May Not be the Only One Who Has Been Victimized

The lawyers at Caddell & Chapman have more than two decades of experience handling nationwide consumer protection cases, such as those involving businesses engaging in deceptive and fraudulent practices.

When a business victimizes one customer, they often victimize many customers. When you contact us about your case, we will immediately determine whether other people have been hurt by the same actions.

If they were, we will pursue a class action lawsuit. We will seek compensation not only for you, but for every consumer who has suffered damages because of the fraud.

Security Breaches and Identity Theft

On February 13, 2015 / Class Actions, Consumer Privacy, Practice Areas

Have you been the victim of identity theft? Do you believe that your personal information was taken due to a security breach on the part of a bank, an insurance company or some other business that was supposed to keep that data safe?

Identity theft can be costly, but you may have the right to pursue action against the business or the data warehouse that was tasked with keeping your information safe. You may be able to obtain compensation for the losses you have suffered.

How Identity Theft Happens

While there are certainly individual cases of identity theft in which a criminal gets access to someone’s personal information, perhaps more common are cases of mass security breaches that allow the personal information of many people to fall into the wrong hands.

Initially, it is reasonable to hold the bank, insurance company or other business that gathered the information accountable.

In actuality, these businesses are often victims as well. They enlist data warehouses to hold all of their customers’ personal information. When these warehouses fail to keep that information secure, the business will have to pay all the costs of cleaning up the mess, which may include reissuing credit cards and more.

Security Breaches Impact More Than One Person

At the Texas law firm of Caddell & Chapman, our attorneys have more than two decades of experience handling significant consumer protection cases on a national level.

Our first step is to determine how many people were impacted by a security breach. Our goal is to file a class action lawsuit to compensate you for identity theft and compensate everyone else who suffered due to the same error.

We also represent banks that are victims in security breach cases, putting our experience to work to hold data warehouses accountable for identity theft issues. For example, we served as co-lead and liaison counsel in litigation against Heartland Payment Systems over the largest data breach in history — over 130 million consumer files. Heartland processes payment card transactions for about 250,000 merchants and handles an average of more than 100 million transactions per month and more than $80 billion in transactions a year. Heartland provides merchants with the ability to accept debit and credit cards as payments by connecting the merchants’ card terminals with the card issuer to verify the transaction, and then moving the funds from the issuing bank to the merchant’s band account. In late January 2009, Heartland admitted that it had a massive security breach resulting in the compromise of up to 100 million credit card numbers resulting from a break into Heartland’s systems, perhaps as early as May 2008. Software that was used to steal card data was implanted into Heartland’s systems. As a result of this breach, confidential information regarding Plaintiffs’ customers and the credit card accounts Plaintiffs’ established for its customers was compromised.

Defective Products

On February 13, 2015 / Class Actions, Practice Areas, Tort Claims

Did you purchase a product, only to take it home and find that it did not do what it was supposed to do? Did you try to return it, only to get no help from the place you bought it from? Have you unsuccessfully tried to deal directly with the manufacturer?

Did the defective product cause harm to you or a member of your family, resulting in medical expenses and other costs?

Businesses should be held accountable when they sell defective products. Consumers have the right to file lawsuits when they have been victimized by these businesses.

When Products are Defective

Product defects can come in many forms. They are extremely common in computers and other electronics, from big screen televisions to car stereos. For example, Caddell & Chapman led a nationwide class action lawsuit filed against Toshiba America Information Systems, Inc. for alleged defects in the Toshiba Satellite®, A70, A75, M30X, and M35X notebook computers, which contained a system defect that caused them to freeze, reboot and/or crash, shut down, and/or lock-up with a black screen due to static electricity. Following a multitude of consumer complaints, Caddell & Chapman was successful in obtaining a nationwide settlement for over 869,000 consumers. Moreover, after obtaining final approval from the Los Angeles Superior Court on May 31, 2007, an impressive 66,906 warranty claims had been fulfilled by Toshiba.

Product defects can occur in cars, automotive products, and more. They can involve minor glitches that are costly to fix, or they can involve complete failure to function. For example, Caddell & Chapman was Lead Counsel in a nationwide multidistrict litigation class action against Ford consolidating 35 cases from around the country concerning its 6.0-liter PowerStroke diesel engines. In 2013, Caddell & Chapman obtained partial reimbursement for post-warranty engine repair costs on behalf of over 1 million current and former owners of Ford vehicles equipped these engines. Caddell & Chapman was also involved as co-lead counsel in a class action — which encompassed some 1.2 million class members — against Honda for a defective suspension that caused irregular tire wear in 2006-2007 Honda Civics and certain 2008 Honda Civic Hybrids. On October 28, 2013, Caddell & Chapman received final approval from the U.S. District Court for the Central District of California, which settlement provided replacement of allegedly defective control arms in the class vehicles, as well as partial reimbursement for tires replaced due to premature tire wear.

Many times, these product defects are things that the manufacturer was aware of. Still, the manufacturer let the product into the market, allowing consumers to buy it. This is unacceptable and can rise to the level of consumer fraud.

When Defective Products Cause Harm

A product that doesn’t work is one thing. A product that causes harm because of a defect is something else entirely.

Product liability lawsuits can be filed to seek compensation when a defective product causes personal injury or wrongful death.

Defective Products Impact More Than One Person

The lawyers at the law firm of Caddell & Chapman have more than two decades of experience handling defective products cases on a nationwide basis.

When we learn about a defective product case, the first thing we do is go to work reviewing the situation to determine how many consumers were impacted. Frequently many consumers were affected.

When that occurs, we will file a class action lawsuit seeking compensation for you and all other consumers who suffered damages due to the manufacturer’s negligence.

Fair Credit Reporting Act

On February 13, 2015 / Class Actions, Consumer Privacy, Featured Practice Area, Practice Areas

Do you believe that there has been an error on your credit file which has negatively affected your credit score? Has this error caused you to be denied credit? Has it brought on higher interest rates or increased insurance premiums?
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Do you believe that there has been an error in your background information that has caused you to be denied employment or to be terminated from your job?

These errors should not happen. They are clear violations of the Fair Credit Reporting Act (FCRA). You have the right to seek compensation for the damages caused by these credit reporting and background check errors.

Unsurpassed FCRA Experience

Caddell & Chapman has served as lead or co-lead counsel in some of the largest FCRA class actions in history, including:

a case that recovered $100 million on behalf of consumers whose confidential financial information was used to create and sell “target marketing” lists to advertisers;
a ground-breaking settlement that changed the way the debts of consumers who have filed for Chapter 7 bankruptcy are reported nationwide; and
a settlement that will give every adult in the United States the right to view and correct information being collected about them by one of the nation’s largest data brokers.

No matter how big the case, we can help.

Common Credit Reporting Errors

Some of the most common types of errors on credit reports provided by credit reporting agencies—including Experian, Equifax, and TransUnion—is the reporting of debts that are not actually owed or that are owed by someone else. Also common is the reporting of debts older than 7 years, which by law must be removed from your report. You can visit our review site about debt consolidation. If you have experienced inaccurate reports that damage your credit, contact us to investigate.

Criminal Background Check Errors

Many common criminal background check errors involve merged files. This happens when the files of two people with the same name are merged together. If one has a criminal record, it will show up in the other’s background check, regardless of the fact that the two people have different birth dates and Social Security numbers. Caddell & Chapman was co-lead counsel in one of the largest ever class action recoveries involving criminal background checks. For those seeking to clear their criminal record, also called expungement Michigan law requires meeting several important conditions.

Know Your Rights

If you were denied housing or a job based on negative information in your credit report, you have a right to see a copy of that report and dispute the information. If companies willfully fail to comply with these FCRA provisions, you may be entitled to statutory damages of $100-$1,000 per violation.

If it Happened to You, it May Have Happened to Someone Else

At the law firm of Caddell & Chapman, our attorneys have more than a decade of experience handling significant FCRA class actions on a nationwide basis.

When you contact us to review your credit report dispute, we will thoroughly review it whether other people have been impacted as well.

If that is the case, we will pursue a class action lawsuit to seek compensation for everyone who has suffered damages due to the same act of wrongdoing.

Consumer Class Action Lawsuits

On February 13, 2015 / Class Actions, Featured Practice Area, Practice Areas

From our office in Houston, the law firm of Caddell & Chapman handles consumer class action lawsuits nationwide.

Established in 1985, our law firm is dedicated to handling significant cases, cases presenting challenges that require a great deal of creativity and resources to overcome. Our lawyers have earned a record of success taking on major businesses, such as Ford, TransUnion, Equifax, Experian, Exxon Mobil, Lexis Nexis, Shell, Celanese, DuPont, Firestone, Hyundai, State Farm, Farmers, Hartford, Allstate, Toshiba, American Express, and others.

If you believe you have been wronged by a business in any way, our lawyers are here to assert your rights.

Turning Consumer Protection Claims Into Class Action Lawsuits

When individuals turn to us with a consumer protection claim, we will thoroughly review the issue to determine how many people have been impacted. Frequently, we find that issues that impact one consumer often turn out to be issues that impact many consumers.

We build strong class action lawsuits designed to get compensation for every individual impacted by the wrongdoing of the business. For example, Caddell & Chapman was co-lead counsel in the largest consumer property damage case in history, in which over $1.2 billion (total attorneys’ fees: $42,230,000; litigation expenses: $536,000) was recovered from Shell and Celanese. Beginning in the late 1970s, Shell Oil worked with Celanese and DuPont in the development and marketing of a polybutylene plumbing (PB) system. The pipes were made of polybutylene, which is a resin by-product of a Shell oil-refining process, and the fittings were developed and manufactured by Celanese and DuPont. The systems were marketed to the residential home market. The three companies claimed the PB systems would last the normal lifetime of most buildings, but, in fact, the products were likely to degrade or corrode and ultimately fail when exposed to chemicals found in drinking water.

Some of the consumer protection issues that frequently turn into class action lawsuits are:

Using Class Actions To Assist Those Who Cannot Be Heard

Caddell & Chapman also has served the community through its class action practice. On a pro bono basis, Caddell & Chapman represented victims of Hurricanes Katrina and Rita in a national class action lawsuit against the Federal Emergency Management Agency (FEMA), alleging that FEMA’s mishandling of its housing assistance programs violates federal laws and regulations. The firm persuaded a federal district court to issue a preliminary injunction against FEMA compelling the agency to provide assistance with hurricane victims’ utilities as well as base rent.

“For Some Katrina Evacuees, Another Displacement Looms,” The Washington Post

Consumers: Tell Us About Your Claims

Businesses can wrong consumers in countless ways. If you believe the wrongdoing of a business has cost you money, contact us today.

Attorneys: We Can Assist With Complex Class Actions

If a client has come to you with a consumer protection claim that you have determined is actually a class action issue, we encourage you to turn to our experienced lawyers for assistance. Contact us today.

Automotive Product Defect

On February 12, 2015 / Class Actions, Practice Areas

Defective Cars and Car Parts

In a surprisingly large number of cases, car accidents are not the fault of a negligent driver. They are the fault of a defective car, or a design defect, which can cause a serious personal injury or wrongful death.

We have a long history of success in auto product liability cases. In fact, during our more than two decades of practice, we have achieved victories over some major corporations, such as Ford, Honda, and Firestone.

Types of Auto Product Defects

One of the most common types of auto product defects is defective tires. Poorly designed or improperly manufactured tires are frequently the cause of car, truck, and motorcycle accidents. The party that holds the blame is the manufacturer.

At the law firm of Caddell & Chapman, we have the experience to see that these manufacturers are held accountable when a product is defective.

Of course, tires aren’t the only automotive part that can be defective. Seatbelts and other parts can also cause serious problems if defective.

In some cases, our investigation reveals that the vehicle itself is improperly designed. We frequently see this in rollover accident cases in which serious roof crush takes place because the car simply is not crashworthy, which means that the vehicle is not capable of protecting its occupants from a foreseeable and survivable accident. As one example, Caddell & Chapman prosecuted claims in Los Angeles, California against Ford Motor Company and Budget Rent A Car Systems, Inc. arising from the rollover of a 2004 Ford E350 Van. The case arose after 21 family members rented three vans and drove from California to Texas. While in West Texas, the driver of the middle van drove off of the highway, while family members in the other vans watched. Due to the instability of the van, the driver was unable to regain control of the vehicle. In the rollover event that followed the van’s windows shattered, and several of the seat belted adults were ejected through the van’s open doors and windows, and all of the van occupants were injured. The family alleged that Budget failed to follow its own protocols and to warn them of the inherent instability of the van. The family also alleged that the van was defective due to instability and Ford’s failure to protect the passengers with proper doors, windows, and seat belts. The terms of the family’s settlement were held confidential.

Also, in Hidalgo County, Texas, Caddell & Chapman developed and resolved a product liability lawsuit against General Motors pertaining to the air bag system of its 1992 Geo Metro. Plaintiffs alleged that the Metro’s air bag caused a driver’s death following a side impact collision; the air bag system was overly-aggressive. The car manufacturer insisted on the confidentially of the settlement terms.

Nationwide Representation in Auto Accident and Aviation Accident Cases

From our office in Houston, we have spent more than two decades representing accident victims throughout the United States.

Our lawyers are able to get to the heart of these matters. We can handle the most complex matters, including those in which both a negligent driver and an auto manufacturer hold some level of responsibility for the same accident. We build strong cases designed to get results, no matter what the cause of a car accident.

Caddell & Chapman also has successfully represented clients with other product defect claims. For example, the law firm was hired by clients from the Dominican Republic in claims against American Airlines and Airbus. The litigation arose from the crash of American Airlines Flight 587, which occurred on November 12, 2001 and resulted in the deaths of 265 people.