Everywhere we go, it seems we are suffocating under the weight of rampant, overarching corporate power. The infamous 'Citizens United' case has allowed giant corporations to essentially purchase elections by, for example, spending unlimited amounts of money to influence an increasingly gullible voting populace with misleading advertisements. Starting with Ronald Reagan’s deregulation scheme in the 1980's and consistent lobbying efforts since, large corporations have been able to weaken important consumer and worker protections and, therefore, elude accountability.
On a more day-to-day, practical scale, we all feel the repercussions of the influence that corporations have acquired through faulty legislation and jurisprudence. Whether it’s hidden bank fees, abusive and exploitative bosses, or being charged in excess for a good or service than what was advertised, the life of the average American is adversely affected by corporate power on a frequent basis.
Sometimes, government seems helpless to protect consumers in the face of private abuses of power by large companies whose massive wealth and legal protection seem to render them invincible. Fortunately, California consumers and employees still have a bevy of legal rights
to combat these corporate abuses of power.
THE MARKETPLACE
Have you Been Ripped off by Auto Mechanic, Dealership, Store, Other Establishment?
We have all felt deceived or taken advantage of, at one point or another, by a vendor, store, shop or other business establishment. For example, as you were driving down a street, you may have seen an auto mechanic with a sign outside of his shop that advertised an oil change or other service for a nominal, flat fee. Believing that the advertised low fee was as represented, you may have taken your car for repairs, only to receive a bill stating additional charges about which you were never warned.
If you have been the victim of hidden fees in other situations, as well, such as your life insurance policy, health insurance policy, a financial or brokerage firms, your gym club membership, your internet memberships or service, your cable television, some other monthly subscription service,
you may have an actionable claim.
If you have patronized a business as a result of it’s deceptive or false advertising, “bait-and-switch” tactics or out-and-out misrepresentation, you may be able to recover a money award under the California Consumers Legal Remedies Act, or “CLRA.”
What is the Consumer Legal Remedies Act (CLRA)?
The Consumer Legal Remedies Act (CLRA) is a law in California that allows consumers to seek legal remedies for deceptive or misleading advertising or other unfair business practices. Some unfair practices addressed by the CLRA include
– Advertising goods with the intent to not to sell them as advertised;
- Using deceptive designations or representations of geographic origin in relation to goods or services (for example, representing a product is “Made in the USA” when, in fact, it is made overseas, i..e, made in China.).
– Representing that goods are new or original, when, in fact they have deteriorated unreasonably or have been refurbished, revamped or reconditioned, or are simply used or secondhand items.
– Advertising furniture but failing to clearly indicate that the item is unassembled if that is the case.
– Representing that a repair, replacement or part is necessary when it is not
– Incorporating an unconscionable provision into a contract.
You may also be able to recover restitution for your loss and injunctive relief under the “Unfair Practices” Act (Business and Professions Code Section 17200 B&P) if an establishment is guilty of one of the following:
– perpetrating an unlawful business act or practice;
– engaging in an unfair business act or practice;
– engaging in a fraudulent business act or practice;
– using unfair, deceptive, untrue or misleading advertising.
THE WORKPLACE
As a worker in California, you are fortunate enough to be protected by an expansive scheme of state and federal worker protections and laws. Here are just a few such worker protections:
The Misclassification Game
Oftentimes, employers classify their workers as “independent contractors” in order to skimp out on paying overtime, employment taxes, social security tax and other expenses associated with hiring and maintaining an employee. The problem arises when the job duties of supposed independent contractor resemble or constitute those of an employee. For example, a worker should be classified as an employee if he or she has been assigned certain tasks or work duties and has received instructions as to how to carry out those tasks, has been given little no to autonomy, and uses the employer company’s supplies and equipment to carry out those duties. But even where the employer has not exercised control over those work details, an employer-employee relationship can still be found if (a) the employer maintains “pervasive control” over the operation (as a whole), (b) the worker’s job duties are an integral part of the employer’s operations, and (c) the nature of the work duties makes it unnecessary for the employer to exercise detailed control over their performance and completion.
The net result is that the employee may be entitled to overtime pay going back four years. If more than one employee suffered this misclassification and, therefore, deprivation of overtime pay, the workers can file what is known as a “class action” to pursue the employer in one lawsuit.
Other rights
Employees also have rights with respect to pregnancy and medical conditions which may require them to take leave under the FMLA (Family Medial Leave Act) and FEHA (Fair Employment and Housing Act). You cannot simply be let go simply because you were diagnosed with an illness or disease. Failure to provide you with a reasonable accommodation for your illness may result in the substantial civil liability.
You are also entitled to be compensated for expenses related to the carrying out of your job duties. Failure to do so may be a violation of the California Labor Code and entitle you to legal action for compensation. Your attorney may recover attorney’s fees for enforcing the action.
ABUSIVE CREDITORS
Since the economic downturn in 2008, millions of Americans have suffered unemployment and other financial losses that have caused them to default on their home loans, student loans, credit cards and other financial obligations. Creditors often employ the use of debt collection agencies to seek to recuperate what they can from the debtor. However, many agencies cross the line from lawful debt collection to outright harassment, engaging in repeated calling, haranguing and harassment, even personally confronting debtors to extract pay. Fortunately, the Fair Debt Collection Practices Act provides protections to consumers:
The Act prohibits certain types of “abusive and deceptive” behavior when attempting to collect a debt, including the following:
– A debt collector cannot contact you by telephone outside of the hours of 8:00 a.m. to 9:00 p.m. local time.
– A debt collector must cease communication with you upon request. The collector cannot communicate with the debtor in any way (other than litigation) after the debtor has issued written notice that he or she wishes no further communication or that he or she refuses to pay the alleged debt
– A debt collector cannot cause the telephone to ring incessantly. He cannot engage any person in telephone conversation continuously or repeatedly with the intent to abuse, annoy or harass the debtor or any person at the phone number;
Other prohibited conduct includes:
– Communicating with debtors at their place of employment after having been advised that such calls are prohibited by the employer;
– Contacting a debtor known to be represented by an attorney;
– Misrepresentation or deceit: misrepresenting the debt or employing deception to collect the debt, including a debt collector’s misrepresentation that he or she is an attorney or a law enforcement officer
Bottom Line
No matter how corporate abuse of power manifests itself in your daily life, take some comfort in the fact that laws exist to vindicate your rights. A lawyer (an employment lawyer, consumer rights attorney, etc). who is knowledgeable in the field in which you have found yourself victimized can help you seek restitution and, in many cases, a substantial money award for your loss and damages.
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| Corporations have amassed an unbelievable amount of power in Washington D.C. and in state legislatures. They have undermined legal protections for workers and consumers. Luckily, many state and federal laws exist which continue to vindicate plaintiff's rights if they have been injured or defrauded by companies, vendors, employers and other business establishments. -------------------------------------------------------------------------------------------------------------------------- |
The Coimbra Law Firm is a full-service law practice with an emphasis on civil litigation. Whether it’s defending persons facing lawsuits for defaulting on credit cards or student loans, or prosecuting a civil case on behalf of wronged workers, the Coimbra Law Office prides itself on efficient, vigorous and passionate representation. Regardless of your situation, the Coimbra Law Office is just a phone call away: 1-855-325-5245. Or you can send an e-mail at CoimbraLaw@Yahoo.com.
