Welcome to the website and blog of the Leonard Law Office LLP,  a consumer protection law firm. Seeking economic justice for people and families who have been unfairly treated by big business is our mission.

The mistreatment of consumers is one of the most interesting subjects in the law, and in the news.  Deception in the marketplace has a long and colorful history. From the rattlesnake oil rheumatism cures peddled by immoral salesmen in the 1800′s, to modern-day products aimed at weight loss, anti-aging, anti-fatigue, etc., unfair business practices affect every aspect of American life. We are all consumers.

Snake Oil

Snake oil

If you want to talk about a consumer issue, (such as false advertising, unfair fees, an abusive landlord, bad products, etc.) you are welcome to contact the author of this blog.  If we cannot help you, we will endeavor to put you in touch with someone who can.

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English: Green tree python, Morelia viridis, F...

— Remind you of your mortgage servicer? (Green Tree Python Snake – Photo credit: Wikipedia)

Update 5/23/13: Due to the flood of calls in recent weeks, we ask that people kindly refrain from calling about this case.  Emails, however, are welcome, and will be kept confidential.  If you need foreclosure defense, please find a local attorney to represent you here.

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About Green Tree Servicing

Green Tree Servicing  is one of the biggest servicers of home loans in the United States. It specializes in “servicing” (debt-collecting) subprime residential mortgages.  The company’s  unusually aggressive collection methods and other business practices are in question. Green Tree Servicing, LLC, is a wholly owned subsidiary of the publicly traded company Walter Investment Management Corp. (NYSE: WAC).  Walter Investment Management is based in Tampa, Florida.

Green Tree Servicing is based in St. Paul, Minnesota, and operates twenty-nine offices for its debt recovery operations.  In recent months, Green Tree has acquired hundreds of thousands of at-risk loans.  In January 2013, Bank of America (BOA) sold mortgage servicing rights (MSRs) on roughly 650,000 residential mortgage loans (worth $93 Billion) to Green Tree’s parent, Walter Investment Management Corp.

For many consumers who have had their mortgages transferred to Green Tree Servicing, it is the final unpleasant chapter in the mortgage meltdown.  People whose mortgages have been passed along from lenders like Wells Fargo, Countrywide, Bank of America, and GMAC, are now stuck with Green Tree Servicing, LLC.

If recent calls are any measure, being introduced to Green Tree Servicing has not been a positive experience.  In the past few months, upset Americans from Arizona to Vermont have voiced their opinions about Green Tree Servicing, such as “Green Tree is an evil company,” and “Green Tree employs mafia tactics.”  One issue that remains to be seen is how consumers who were in the process of undergoing loan modifications during the time of the transfers will be affected.

I.  The Green Tree Servicing Investigation - What We Are Investigating

We are not fully certain exactly how Green Tree Servicing’s business practices have affected consumers through various markets in America.  These are the issues we are currently investigating:

DOES GREEN TREE CHARGE UNFAIR FEES?  We are seeking information about how GTS imposes fees to process payments of any kind (late fees, delayed accepted of payments, telephone payments, Internet payments, etc). Also, we are seeking information about whether Green Tree processes payments in a timely manner.

DOES GREEN TREE HARASS PEOPLE? We are seeking information about calls made before 8:00 AM, after 9:00 PM, after being hung up on, after being asked to stop calling, and calls containing abusive or profane language, or outrageous threats. We are also seeking information about whether Green Tree contacts third parties (i.e. co-workers, relatives, neighbors) and tells them about the debt.

DOES GREEN TREE INTERFERE WITH LOAN MODIFICATIONS OR SHORT SALES? We are seeking information from  those who were good candidates for loan modification but the process was derailed through no fault of their own.  We are also seeking information from individuals who claim they were unable to complete short sales because of Green Tree’s business practices.

We are accepting information from people from all U.S. states, including current and former employees of Green Tree Servicing,  Bank of America, and GMAC.

What Can You Do the Help?

If you have information that is relevant and helpful to this investigation, please email it to: pleonard@theleonardlawoffice.com, subject line “GREEN TREE SERVICING.”  Due to the flood of recent phone calls, we ask that people kindly restrict contact to email only.

II.  The Green Tree Servicing TCPA Class Action Lawsuit

On April 3, 2013, a class action lawsuit was brought against Green Tree Servicing on behalf of a national class seeking redress for alleged violations of the Telephone Consumer Protection Act (“TCPA”).   The complaint alleges that Green Tree Servicing autodialled the plaintiff’s cellular phone as many as 100 times about a debt which he did not owe. The case is the result of a ten month investigation by the Leonard Law Office LLP, a consumer protection law firm.  A copy of our class action complaint against Green Tree Servicing,  filed in a Massachusetts federal court, is here. Read the rest of this entry »

Collecting ZIP Codes is usually illegal in Massachusetts

A large number of locally-based and national retailers violate Massachusetts law by collecting ZIP codes from consumers who pay by credit card. When retailers go to data brokers such as Acxiom, Datalogix, CoreLogic, Trillium, or Pitney Bowes,  they can learn their customers’ mailing addresses and inundate them with unwanted junk mail.

The “Massachusetts Consumer Privacy In Commercial Transactions Statute,” or “Section 105(a)”:

Section 105. (a) No person, firm, partnership, corporation or other business entity that accepts a credit card for a business transaction shall write, cause to be written or require that a credit card holder write personal identification information, not required by the credit card issuer, on the credit card transaction form.”

Most Retailers Have Denied the Practice

Denials have come from retailers who have been observed asking for ZIP codes at checkout.  While some have turned off the ZIP code capture feature on their POS systems, others have adopted a new “script” for their tellers to use.  For example, one cosmetics retailer now says, “Would you like to be part of our family?” before asking  customers for their ZIP codes.

We Are Seeking Information

If you have either shopped or worked at a Massachusetts retailer that you know has collected ZIP codes from customers, we want to hear from you.

ZIP Codes 

ZIP codes are a system of postal codes used by the United States Postal Service since 1963. ZIP is an acronym for Zone Improvement Plan.

ZIP codes are a system of postal codes used by the United States Postal Service since 1963. ZIP is an acronym for Zone Improvement Plan.

Many pieces of junk mail are now illegal in Massachusetts

According to a recent decision from the Massachusetts Supreme Judicial Court, ZIP codes are personal information, and sending junk mail after collecting a zip code from a customer who pays with a credit card at checkout is illegal under Massachusetts law.  Each piece of junk mail received as a result of this practice is an “injury” entitling the recipient to damages of $25.00 per piece and attorney’s fees.

Why Should You Care?

A flood of cases regarding zip code collection and junk mail is inevitable, with the first cases expected to be filed in late April, 2013.  A rare and unprecedented opportunity now exists to strike back at many of the most annoying junk mailers. If you have received junk mail which resulted from a credit card purchase where the teller asked for your ZIP code within the past four years, it is likely that you are entitled to financial compensation.

What Can You Do?

To speak with an attorney about this investigation, or to share your experiences with ZIP code collection and junk mailings, you are welcome to call Preston W. Leonard, Esq. at (617) 595-3640. You may be eligible to lead a class action against each junk mailer involved.

Which Retailers Are Involved?

The list of Massachusetts retailers below are under close scrutiny for possible violations. Have any of them asked for your ZIP code and then sent you junk mail?

  • Walmart
  • Target
  • Best Buy
  • Sears
  • Walgreens
  • Nordstrom
  • Lowes
  • Kohls
  • Staples
  • Auto Zone
  • Gap
  • Game Stop
  • Bed Bath & Beyond
  • Old Navy
  • Guess
  • Banana Republic
  • TJ Maxx
  • Marshalls
  • Pet Smart
  • Toys “R” US
  • Radio Shack
  • Dick’s Sporting Goods
  • Urban Outfitters
  • Abercrombie & Fitch
  • Crate & Barrel

Warning: If you have purchased any anti-wrinkle or anti-aging skin cream, serum, or other product, you have probably been misled.  "Anti-Aging" skin cream

 

“Anti-aging” skin creams are prevalent in pharmacies, supermarkets, and department stores throughout Massachusetts and America.  Amazon, CVS, Rite-Aid, Walgreens, Macy’s, and even Whole Foods sell an ever-increasing array of “anti-aging” products. Currently, “anti-aging lotions and potions are now 13 percent of all cosmetic sales and growing.”  Cosmetics companies have been selling products like these since the 1940′s, with marketing slogans such as:“I never dreamed I’d look this young at my age.”

The seminal case on the subject of deceptive marketing and age-defying skin cream is Charles of the Ritz Distribution v. FTC, 143 F.2d 676 (1944),  in which the Commission found:

“…advertising falsely represented that Rejuvenescence Cream will rejuvenate or restore youth or the appearance of youth to the skin, Read the rest of this entry »

Fair Debt Collection

The Massachusetts Attorney General‘s Debt Collection Regulations, 940 C.M.R. 7.00, prohibit many unfair debt collection practices by creditors, and regulations of the Massachusetts Division of Banks, 209 CMR 18.00, prohibit unfair debt collection practices by debt collection agencies.

Communication with Creditors and Collection Agencies

When communicating directly with you, creditors and collection agencies may not:

  • Call you at home more than twice for each debt in any seven-day period, or more than twice for each debt in any 30-day period at some place other than your home, such as your place of work.
  • Call you at work if you have requested that they not call. Your oral request that a collector not call you at work is valid for 10 days only. Written requests are valid until you write to the collector removing the restriction.
  • Call you without identifying both the name of the creditor and the name of the person calling. The caller may use a name other than his or her own, but the creditor or collection agency on whose behalf the call is being made must be able to identify that person.
  • Contact you directly, if you have told the creditor or collection agency you are represented by an attorney.
  • Use profane or obscene language.
  • Cause expense to you in the form of long distance calls, express mail charges, wire fees, or other similar charges.
  • Falsely threaten to take legal action that the creditor does not take or reasonably intend to take.
  • Tell anyone (including your friends, neighbors, relatives, or employers) about your debt, without your written consent.
  • Mail to you any printed or written materials that reveal or imply that you owe a debt (for example, by using a postcard to contact you or using a descriptive return address).
  • Solicit post-dated checks from you.
  • Visit your home at times other than your normal waking hours. A collector may not visit you more than once in any 30-day period for each debt, unless you give permission for additional visits.
  • Call you at times other than your normal waking hours. If your waking hours are unknown, then the collector may only call between 8:00 a.m. and 9:00 p.m.
 Additional Rights

A creditor must allow you or your attorney to inspect any document on which the creditor is relying to prove that you owe the debt being collected, e.g., a credit card application, account statement, promissory note, ledger, account card, or similar record in the creditor’s possession, which reflects the date and amount of payments, credits and charges related to the debt. Failure to do so is an unfair or deceptive act or practice under the Attorney General’s Debt Collection Regulations, 940 CMR 7.08 pdf format of    940 CMR 7.00 Revised Clean PDF   .

Under State and Federal Law, if you want all debt collection contact to stop, and it is a debt collection agency (as opposed to the creditor itself) that is contacting you, you have the right to make a request in writing that all such contact stop ( 15 U.S.C. 1692c(c)209 CMR 18.14(3) ). Once you have made such a written request, the debt collection agency may not contact you again; however, the agency will still be permitted to sue you to try and collect the debt.

Locating a Debtor

Creditors and debt collection agencies are permitted to try to locate a debtor by contacting persons other than the debtor or persons residing in the debtor’s household, if the creditor or debt collection agency reasonably believes that it no longer has current information on the debtor’s location. However, it may not inform anyone it calls about your debt.

===============================================Source: Massachusetts Attorney General’s Office, 2013, (http://www.mass.gov/ago/consumer-resources/consumer-information/credit-and-financial-literacy/consumer-credit/fair-debt-collection.html), last accessed 5/15/2013.

English: Sketch of Richard Mentor Johnson free...

Debtor’s Prison (Photo credit: Wikipedia)

About Zbiddy.com

Zbiddy is an internet auction site. Unlike Ebay, the site charges users money to place bids (“Purchase your bids Bids cost $0.60 each and come in packs of all sizes starting as little as $13.50!.”)

Complaints about Zbiddy.com

Ripoff Report (79 Complaints)

ComplaintsBoard.com

What We Are Investigating:

We are looking into Zbiddy.com’s billing practices and fees. If you have information that is relevant or helpful, please contact us.

About Nationstar Mortgage

Nationstar Mortgage, LLC is a mortgage servicing company headquartered in Lewisville, TX.  A “mortgage servicer” is a debt collector by another name.  Nationstar recently acquired numerous Bank of America home loans.  Bank of America N.A. transferred the servicing of thousands of loans to Nationstar Mortgage LLC effective January 31st, 2013.

Complaints about Nationstar Mortgage

590 Complaints at Consumeraffairs.com

90 Complaints at RipoffReport.com

5 Complaints at Complaints.com

25 Complaints at Complaintsboard.com

What We Are Investigating

We are investigating whether Nationstar Mortgage has unlawfully contacted non account holders on their cellular phones.  Have you received phone calls from Nationstar Mortgage even though you have no business relationship with the company?  Has Nationstar contacted and/or harassed relatives on their cell phones about your loan?  We recently sued a different mortgage servicing company for allegedly contacting non account holders’ cell phones unlawfully. See The Green Tree Servicing TCPA Class Action Lawsuit.

Update:  One dead, one captured. 

Boston will never forget those lost, and will never forget how our city came together.   The professionalism of state and federal law enforcement, which took the younger attacker alive,  is laudable.

20130420_095328

Moving Forward

What remains to be seen is who provided support and encouragement to this pair of radicalized local brothers.  Will there be other attacks on Boston in the future from their confederates or those like them?

Are we safe?

What will it take to ever be fully secure?

How do we prevent such attacks in the future?

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Boston wants to know who senselessly killed three innocent civilians and wounded roughly 180 on Marathon Monday, 2013.

What made these two turn on us?

What did it take to drive this pair to place  pressure cooker- nail bombs amid peaceful civilians?

pair1

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  • If you have visual images, video, and/or details regarding the explosions along the Boston Marathon route and elsewhere, submit them on https://bostonmarathontips.fbi.gov/
  • You can also call 1-800-CALL-FBI (1-800-225-5324), prompt #3, with information.

Federal law prohibits debt collectors from making false or misleading representations when they attempt to collect debts.

15 U.S.C. § 1692e. False or misleading representations

A debt collector may not use any false, deceptive, or misleading
representation or means in connection with the collection of any debt.
Without limiting the general application of the foregoing, the following
conduct is a violation of this section: Read the rest of this entry »

Business owners:  Are You a Victim of Dun & Bradstreet?

What we are Investigating

PHONE CALLS. We are investigating whether Dun & Bradstreet has improperly contacted numbers assigned to cellular phone lines.

SALES PITCHES. We are investigating sales pitches delivered to call recipients and through the mail.

BILLING PRACTICES. We are investigating D&B’s billing practices. Read the rest of this entry »

The seal of the United States Drug En...

The seal of the United States Drug Enforcement Administration. (Photo credit: Wikipedia)

Source: DEA Press Release

APRIL 3 (WASHINGTON) — CVS Pharmacy, Inc., and Oklahoma CVS Pharmacy, L.L.C., (collectively “CVS”), have agreed to pay $11,000,000 to the United States to settle civil penalty claims for record-keeping violations under the Controlled Substances Act and related regulations, announced Administrator Michele M. Leonhart of the Drug Enforcement Administration and Sanford C. Coats, United States Attorney for the Western District of Oklahoma. Read the rest of this entry »

Reporting Pay

In Massachusetts, the law is clear about “reporting pay.” Reporting pay means pay that an employer must give for requiring an employee to show up for a shift of three or more hours, and then sending them home early.

Here is the law:

455 CMR 2.03

2.03: Hours Worked (1) Reporting Pay. When an employee who is scheduled to work three or more hours reports for duty at the time set by the employer, and that employee is not provided with the expected hours of work, the employee shall be paid for at least three hours on such day at no less than the basic minimum wage. 455 CMR 2.03(1) shall not apply to organizations granted status as charitable organizations under the Internal Revenue Code.

Example:

Joe is a bartender at a busy Boston nightclub called the Coconut Grove.   Joe is scheduled to work a full shift on Easter Sunday.  After being behind the bar for one hour, his boss “cuts” him and sends him home, because it is an unusually slow night.  The Coconut Grove must pay him for three hours, even though he only worked for one hour.

Reporting Pay image

Source: Attorney General’s publication about Massachusetts Wage and Hour Laws, .pdf (here).

Recently overheard:

“Sudden sleep?  What is this stuff? Specifically formulated for women? What does that mean?”

Sudden Sleep

Sudden Sleep

Sudden Sleep is a new product from Biotab Nutraceuticals, the company behind Extenze.  Biotab was on the receiving end of several actions from California authorities, and at least one class action lawsuit alleging false advertising.    Read the rest of this entry »

Does the Belly Burner Weight Loss Belt work?

Belly Fat Belt

Belly Fat Belt

Belly Fat Loss

The Belly Burner makes some bold product claims:

(a) “Proven to burn more calories faster”

(b) “Just wrap up and slim down.”

Issues with the Belly Burner Weight Loss Belt

Issues:

(a) Is there such thing as “spot reduction” of fat on the human body? In other words, is it possible to target one specific area of the body, such as the belly, by wearing a device around the midsection?

(b) Does a person burn more calories if their core body temperature is higher during exercise?

(c) Was the study that was done to support the claim that this product “burns more calories faster” valid?

How you can help

This matter is under investigation.  If you can identify other issues, or speak about your experience with the product, or provide information about the veracity of this product’s claims, please comment below or contact the following attorney: Preston W. Leonard, Esq. Pleonard@theleonardlawoffice.com, (617) 595-3640.

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UPS and Illegal Presciption Drugs

Today the DEA announced that UPS agreed to forfeit forty million dollars in a non-prosecution agreement offered by federal prosecutors. According to the press release (below) DEA obtained UPS’s full cooperation with the investigation.  However, UPS was allegedly on notice of the fact that it was being used to facilitate illegal prescription drug trafficking for at least five years.  In the past, Google has been penalized for its role in the marketing of illicit overseas drugs to American consumers via “Google adwords.” Some of those words are what many poor souls spend most of their waking energy in pursuit of: Percocet and Oxycontin. If you are unaware of what has been going on, thousands of American prescription pill addicts have been buying drugs online and having them shipped via UPS to the States. With Google and now UPS having been hit with steep financial disincentives for playing a role in this illegal marketplace, will it dry up?  Was Fedex investigated? American businesses have long profited from addiction.  Apparently, so has UPS.

 Press Release

DEA NEWS: UPS AGREES TO FORFEIT $40 MILLION Read the rest of this entry »

About Zipcar

“Zipcar was recently purchased by another company,” I recently overheard someone tell her friend.

“I wonder how long it will take them to ruin it?” he asked.

Zipcar

Zipcar

In the past, Zipcar has cultivated the image of being a hip, progressive company that cares about its customers.  An abundance of carless urbanites,  parking spaces all over major American cities, and brutal $50 late fees, (about which a class action lawsuit in Massachusetts failed) kept Zipcar’s operation running smoothly and profitably.

At some point, Zipcar became of the apple of Avis’s eye.  Earlier this year, the rental car giant swallowed up Zipcar for about half a billion dollars. See: Bloomberg, “Avis Budget Embraces Car Sharing With Zipcar Acquisition”(2013) (here); CNN, “ZipCar CEO Scott Griffith resigns, hours after Avis acquisition” (2013) (here).  It should be interesting to see how Zipcar changes. The first thing that I expect will happen is that Zipcar’s persona will undergo a subtle transformation. The cutesy, friendly emails will remain, but Avis will find ways to squeeze more money out of “Zipststers” and in so doing, will tick off a lot of the customers who used to love Zipcar.

Zipcar Complaints

One recent complaint came to me the other day. The story went like so: Read the rest of this entry »

Shen Min Hair Regrowth Investigation

There is a new product that the Leonard Law Office LLP is investigating.  According to the Shen Min website, “Shen Min is a natural line of dietary supplements designed to help reduce hair loss and enhance hair growth in men and women…Shen Min® formulas are specifically designed to help block the negative effects of DHT, the “bad” form of testosterone.  This action helps prevent additional hair loss and enhances hair growth naturally. help reduce hair loss and enhance hair growth in men and women…”

These claims are in question.

If you have questions about this investigation or would like to share your experiences with this product, you are welcome to call Preston W. Leonard, Esq. at (617) 595-3640.

Issues with Shen Min

  • What are the active ingredients of Shen Min?
  • Have there been any consumer complaints?
  • Is this product effective?

Advertisements seen in Boston, Massachusetts

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SHEN MIN 1

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Source: US Attorney’s Office Press Release (.pdf here).

Former Citizens Bank Teller Pleads Guilty to Embezzlement

Fraud

“A Good Bank Helps Guard Against Fraud.”

JANUARY 11, 2013
BOSTON – A Rhode Island woman was convicted today of embezzling more than $375,000 from the accounts of Citizens Bank customers.

Maria DaSilva, 44, pleaded guilty before U.S. District Judge Richard Stearns to violating the federal bank fraud statute.

From February 2008 through January 2012, while she was working as a bank teller at the North Attleboro branch of Citizens Bank, DaSilva embezzled over $375,000 from the accounts of three elderly bank customers by forging withdrawal slips on various accounts held by these customers.

Sentencing is scheduled for May 8, 2013. DaSilva faces up to 30 years in prison, to be followed by five years of supervised release and a $1,00,000 fine.

United States Attorney Carmen M. Ortiz and Richard DesLauriers, Special Agent in Charge of the Federal Bureau of Investigation Boston Field Division, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Jeremy Sternberg of Ortiz’s Economic Crimes Unit.

Citizens candy jar

Citizens candy jar

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Fraud Warning:

Do not give your credit card information to:

There are many complaints online about these companies. They all follow a similar pattern:  the consumers say that they went on the site to seek a background check or some type of public records search, which the site says can be done for a fee of $1.00.  Read the rest of this entry »

Reward

Wanted: Facebook

The Leonard Law Office, LLP is offering a $5,000.00 reward to anyone who provides verifiable, credible information leading to the successful prosecution of a class action lawsuit against Facebook regarding its use, collection, or storage of biometric data. Specifically, we are looking for proof that Facebook has shared or sold biometric data with third parties. We are investigating all aspects of Facebook’s conduct surrounding the implementation, use, and possible misuse of facial recognition and biometrics. Biometrics refers to unique anatomical features used for identification purposes.  For Background Information about Facebook, “Tag Suggestion,” and Biometrics, See EPIC‘s FTC ComplaintIn re Facebook and Facial Recognition (here) (filed June 10, 2011). To inquire about this investigation and reward, you are welcome to contact Preston W. Leonard, Esq. at (617) 595-3640.

Related: Biometricupdate.com: “Boston law firm offers reward for proof that Facebook has shared or sold biometric data with third parties,” (here).

Under Investigation: Electronic Pest Repellent Devices

They click, beep, or emit some kind of ultrasonic noise or pulse. The premise seems sensible enough – they supposedly do the job by sending out sounds that are annoying to critters but inaudible to humans.  These gadgets promise to repel household pests such as mice, rats, racoons, etc. but do they really work? The claims made by all of these devices are in question.  Bell & Howell, and other companies make them, and they are sold at hardware stores and online retailers.

Below are some pictures of a device for sale at CVS and on television. It is called Riddex plus. The product claims to be a “Pest Repelling Aid…Patented digital pulse technology…For Rodents, Roaches, Ants, and Spiders….Simply plug into any home outlet…Turn your home’s wiring into a pest repellent force field!”

Below is a close up of an icon on a Riddex package depicting a rat, cockroach, and spider as “banned.”

Rats, spiders, roaches

Rats, spiders, roaches*

Read the rest of this entry »

An adult bed bug (Cimex lectularius) with the ...

An adult bed bug (Cimex lectularius) with the typical flattened oval shape. (Photo credit: Wikipedia)

Under InvestigationBed Bug “Bombs” & “Foggers”

There are three bed bug products whose efficacy are in question:

  1. Hot Shot
  2. Spectracide
  3. Eliminator
Hot Shot

Hot Shot

According a recent study [here], “The nature of these foggers is such that they don’t penetrate in cracks and crevices where most bedbugs are hiding, so most of them will survive.”

See the Ohio State University researcher’s video below:

Ohio State University Bed Bug Fogger Study

Ohio State University Bed Bug Fogger Study

To speak with an attorney about this investigation, or to share your experiences with bed bug “foggers,” and “bombs,” you are welcome to call Preston W. Leonard, Esq. at (617) 595-3640.

Junk Fax Class Action

On Friday, March 1, 2013 Jay Clogg Realty Group, Inc. sued Burger King in a putative national class action alleging violations of the Telephone Consumer Protection Act.  See the Complaint (here). The plaintiff’s motion for certification, filed the same day, asked the Maryland Federal court to certify this case as a class action for “All persons or entities within the United States to whom Burger King sent, or caused to be sent, facsimile advertisements promoting Burger King and its services, at any time within four years prior to the filing of the instant Complaint.”

There have been many Junk Fax Class Actions, some with judgments running in the hundreds of millions of dollars. Congress enacted consumer protection legislation and the FCC has promulgate rules specifically intended to eliminate this form of annoying, wasteful advertising.

Western Union

Does Western Union support the “Underground Economy?” The ability to send money without first depositing it into a checking account can sometimes be a convenience for legitimate purposes. Read the rest of this entry »

Original Post dated March 8, 2013 – Tyler v. Michael’s Stores

This case is an interesting one, and it’s not entirely over yet.  The central issue in Tyler v. Michael’s stores is whether Massachusetts merchants are allowed to collect consumers’ zip codes at the time of purchase.  It is the only “zip code” case that has been brought in Massachusetts.  There have dozens of class actions concerning major national retailers collecting zip codes in violation of California law.  In this case, the plaintiff was arguing for an interpretation of Massachusetts law that mirrored California’s Song-Beverly Credit Card Act, which forbids the collection of zip codes at the time of purchase by brick and mortar retailers.

 Read the rest of this entry »

What do you think of the new line of Adidas “Boost” running shoes? Below is a picture of the window display at store in Boston, Massachusetts on March 1, 2012:

image

Below is the window display from a different store. How do these shoes work? What do they do? Read the rest of this entry »

TCPA Cases

The Leonard Law Office, LLP is representing clients who have been subjected to unwanted calls on their cell phones placed by autodialling equipment in violation of the Telephone Consumer Protection Act (“TCPA”).  Unwanted text messages and faxes from business also usually violate the TCPA.

Homer Simpson's Autodialer
Homer Simpson’s Autodialer

Stupid, but True – Big Companies Violate the TCPA

Like Homer Simpson, some companies are stupid. Like Homer, it is as though they don’t know enough to stay out of trouble.  However, it’s usually not funny when U.S. corporations break the law. Whenever a business uses autodialling equipment to contact consumers’ cell phones and they do not not have an exisiting business relationship, it is unlawful. The same goes for text messages, and faxes.  Companies such as Jiffy Lube, Walmart, Target, and Burger King have been hit with class actions for alleged violations of the TCPA. Read the rest of this entry »

Under Investigation: “The Ladders” (Theladders.com) Job Search Website

The Leonard Law Office, LLP is investigating the business practices of Theladders.com.

If you have information that will be helpful to this investigation, please contact: Preston W. Leonard, Esq: (617) 595-3640 / email, subject line: THELADDERS to pleonard@theleonardlawoffice.com.

Issues with TheLadders.com

(1) Salary Ranges – whether consumers have been misled by Theladders.com‘s claims about employment opportunities.  Has Theladders.com overstated salary ranges?

(2) Billing Practices – whether TheLadders.com has overbilled, or misled consumers about its billing model.

Theladders.com

Job Seeker Complaints about Theladders.com

According to a recent story (here), “People pay fees to access “Only $100k+ jobs.” Then they go on an interview for one of those Ladders-listed jobs, only to find the job pays nowhere near $100k.”

TheLadders.com job Search – “High End” or “Bait and Switch?”

TheLadders.com has a Youtube video (below), which captures some of the issues with this company. The caption states, “Another successful $100k+ job search!”

  • Does this company employ bait and switch tactics, or does it fairly represent the jobs that are available?
  • The Ladders supposedly “focuses on high-end jobs” and charges fees to offer up the best employment opportunities, but are the jobs really “high end”?
  • Are the fees worth it for job-seekers, or is The Ladders essentially collecting money for something that it does not in fact deliver?
  • What have your experiences with this company been? Did they meet your expectations? Were the fees you paid worth it?  Has your job search benefited from this fee-based service, or were you better off with free services like Monster.com?

Hired!

Is the Ladders.com a Scam?

Another article (here), claims that “The Ladders Is One Gigantic Scam That Preys On Unsuspecting Job Seekers.”

Lawsuits against Theladders.com

A recent class action lawsuit against TheLadders.com alleges: “Unlike other job boards which are free to join, theLadders charged a premium subscription fee to members for ‘hand-screening ever job post and recruiter so you only see real, open $100k+ jobs in your area.’  In reality, however, its job postings were not hand-screened.  There were ‘scraped’ from the Internet without authorization from employers or recruiters and the employment opportunities were not for “real, open $100k+ jobs.” Moreover, Theladders had no process in place to ensure that these posted positions ever truly existed, remained open, or that they met its minimum advertised annual compensation criteria of $100k+.”

Marc Cenedella

One aspect of this story is how much CEO Marc Cenedalla has been making from theladders.com.  How profitable has this venture been for him?

Related articles

Is Apple a good company?
There have been criticisms of Apple’s use of child labor overseas.

image

Apple Store on Bolyston St. Boston MA

Why can’t iPhones be made by American adults under work conditions that are humane?

Ellen Alemany

One of the things about Citizens Bank that is noteworthy is how how much its key executives receive in compensation.  According to Bloomberg, “head of U.S. operations, Ellen Alemany, may receive as much as 4.8 million pounds ($7.5 million) in compensation this year…” Read the rest of this entry »

Under Investigation: Greystar’s Business Practices in the Commonwealth of Massachusetts.

Greystar operates six apartment buildings in Massachusetts:

Have you been charged an “amenity fee,” “pet deposit,” or “application fee” by Greystar? If so, you are encouraged to contact us, because your tenant rights under Massachusetts law may have been violated, and you could be entitled to financial compensation.

Do you have other complaints about Greystar?

Greystar

Greystar

In a January 2013 press release Greystar claims to be “the largest operator of apartments in the United States” (Equity Residential may dispute that assertion).

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Greystar: Redefining Excellence in Apartment Living?

Really?

* Read the rest of this entry »

Is there something fishy about (or in) your yogurt?

Would you be surprised or disgusted if you found out there is fish in some yogurt?

Tilapia

Tilapia

Quaker Müller FrütUp yogurt contains Tilapia.

Why it’s there:

“Q: Why is there tilapia in FrütUp™?

A: “We use kosher gelatin from tilapia to maintain the light and airy texture of the fruit mousse.”
(http://mullerquaker.com/muller-quaker-faq)

Are you as unpersuaded by this explanation as I am? I still think yogurt and fish should never be combined.

When is advertising inappropriate?

The use of young girls in advertisements geared toward an adult audience is startling and deeply wrong.  It should be obvious that sexually suggestive and adult-themed products should never be associated with images of young girls.  It should be a no-brainer that marketing activities along those lines would result in public outrcy and irreparable damage to a brand. However, more and more marketing campaigns are shamelessly crossing this line.  It is as though some companies will abandon any socially acceptable concept of moral decency in order to more successfully peddle their products.  It also appears that Americans simply aren’t paying attention, or just don’t care.

Recently, I observed the perfume ad below in the walkway linking the Prudential Center Mall to the Mall at Copley Place. This ad uses a model who appears to me to be about eleven years old — to sell women’s perfume.

What is wrong with this picture?

How old is this model?

How old is this model?

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An advertisement appeared in a Boston newspaper on Thursday, February 7, 2013 with a cure for “turkey neck.”  The advertisement’s title is: Loose Saggy Neck Skin – Can Any Cream Cure Turkey Neck?”

This is a classic example of a skin cream purporting to have special youth-restoring properties.  If you have purchased this product, you may have been misled, and you are encouraged to contact us.  The Leonard Law Office, LLP  is actively investigating the “anti-aging” industry and we are currently engaged in multiple false advertising cases related to wrinkle creams.

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Below is the actual text of most of the advertisement:

“Dear Doris:

I’m a woman who is 64 years young who suffers from really loose skin under my chin and on my lower neck…

Dear Turkey Neck:

In fact, there is a very potent cream on the market that firms, tightens, and regnerates new skin cells on the neck area.  It is called Read the rest of this entry »

On January 7, 2013, Judge Manuel L. Real denied class certification in a California federal false advertising case. It looks like the opinion was written by defense counsel and Judge Real simply signed the order.  Due to its large population, California has long been a favored place for filing false advertising and other consumer protection class actions.  How will this decision affect future false advertising cases brought in California?

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MARA CHOW et. al. v. NEUTROGENA CORP Case No. CV 12-04624 R (JCx)

ORDER DENYING PLAINTIFF’S MOTION FOR CLASS CERTIFICATION

(Original .pdf of the order here)

Plaintiff Mara Chow’s motion for class certification (Doc. No. 25) (“class certification motion”) came on regularly for hearing at 10:00 a.m. on January 7, 2013. Ryan Clarkson, Edward Dubendorf, and Eric Zard appeared on behalf of Plaintiff Mara Chow (“Plaintiff”). Richard Goetz and Matthew D. Powers appeared on behalf of Defendant Neutrogena Corporation Read the rest of this entry »

Diet pills are a common sight on the shelves of grocery stores, pharmacies, convenience stores, and gas stations around America.  They are top-sellers, but are they falsely advertised and do they pose hidden risks?  If you want to share your experiences about your use of diet products, you are encouraged to contact us.

Common concerns about diet pills:

Do any of these over the counter products actually work? Are they supplements or are they drugs? Are they safe? Are lifestyle changes related to diet and exercise the only lasting and healthy ways to lose weight?  Are these products abused by people suffering from anoroxia or bulemia?  How much money are these belly fat cure companies making?

Examples of diet pills:

Blu Science, Ultimate Fat Burner Green Tea, Xenadrine:

Blu Science, Ultimate Fat Burner Green Tea, Xenadrine

Blu Science, Ultimate Fat Burner Green Tea, Xenadrine

* Read the rest of this entry »

Recently, the company ”icashloans.com” sent a text message purportedly from (757) 462-0547 claiming:
“Wells Fargo is offering $950 cash loans deposited in 2 hrs. Bad Credit is OK. Claim the money at cashin2hrs.com and get funds transferred now.”

If you have received an unsolicited text message from this or any other company, federal law (Telephone Consumer Protection Act of 1991) provides that you may be entitled to significant financial compensation for each violation.

In addition to private litigation over unsolicited text messages, The Federal Trade Commission has taken to suing text spammers. See an example of an FTC text spam complaint here.

icashloans.com text

icashloans.com text

If you have any information about this company, including who is behind it and where they are actually located, please contact us.

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icashloans.com

icashloans.com

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The address listed on their website is below:

iCashLoans.com
6130 Elton Ave
Suite 386
Las Vegas, NV 89107  (855) 208-8086

See the scambook.com listing about this company here.

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Subway markets inexpensive  ”foot-long” submarine sandwiches around the U.S., and in other countries. Earlier this week, a teenager at a Perth, Australia Subway pulled out a tape measure, and snapped a picture of his lunch.   He posted the picture on Facebook, which purportedly revealed a length of eleven inches.  The photo went viral.

On January 19, 2013, the Huffington Post ran a story about this issue, claiming “four out of seven Footlongs purchased by the New York Post in the NYC region measured only 11 or 11.5 inches.”

A visit the same day to a Subway in Boston was inconclusive.  After purchasing a Footlong roll for $1.77, the tape measure showed a length of at least 12 – 1/4″, or 11 – 1/2″, depending on how the tape measure and camera were positioned.  It is surprisingly difficult to measure and photograph a sub roll simultaneously.

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Subway Footlong - 11 - 1/2"

Subway Footlong – 11 – 1/2″

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Subway Footlong - 11 - 1/2"

Subway Footlong – 12 – 1/4″

According to the Huffington post article, Subway’s official explanation of the matter is:

“With regards to the size of the bread and calling it a footlong, ‘SUBWAY FOOTLONG’ is a registered trademark as a descriptive name for the sub sold in Subway® Restaurants and not intended to be a measurement of length. The length of the bread baked in the restaurant cannot be assured each time as the proofing process may vary slightly each time in the restaurant.”

Will there be class action lawsuit regarding this supposed deception by Subway?  Probably.  If so, this one may go down in the annals of frivolous lawsuits.

Are you happy with your Massachusetts energy company? Is there enough competition in the Massachusetts energy market?  How many options are there to comparison shop for electricity or heating fuel?

NATIONAL GRID

National Grid provides electricity and gas to a large number of Massachusetts homes and businesses.

National Grid Service Truck

National Grid Service Truck

NSTAR

Background

Nstar also provides electricity and gas to many customers in Massachusetts.  According to the NSTAR website, “For more than 100 years, NSTAR Electric and Gas has been delivering safe and reliable electricity and natural gas to customers in Eastern, Central and Southeastern Massachusetts. Nstar transmits and delivers electricity to 1.1 million electric customers in 81 communities and nearly 300,000 gas customers in 51 communities. NSTAR is an operating company of Northeast Utilities.”

Nstar

Nstar

Nstar Lawsuits

Nstar has been the defendant in at least one class action lawsuit. For example, the Providence Business News reported that Nstar agreed to pay $1.4 million to settle a class action lawsuit which alleged the company overcharged customers who had moved to new addresses.

Nstar-Related Disasters

In 2011, the Attorney General’s Office recommended that Nstar be fined $5,675,000, for how it “prepared for and handled the damaged and resulting power outages caused by Tropical Storm Irene.”

After the dramatic May 2012 Nstar transformer fire that plunged much of the city of Boston into darkness, some questioned whether the accident released dangerous pollutants. Later, it was determined that the heavy black smoke put off by the conflagration was not toxic.  The best images of that incident are at Universal Hub, ”Transformer explodes, fire rages, Back Bay goes dark,” here.

Nstar Billing

Nstar supports multiple forms of “E-billing,” allowing customers to pay their bill online with a credit card or checking account, and even via text message “through a partnership with Western Union.”

Nstar Repairs

Nstar repair trucks are a common sight throughout the Commonwealth of Massachusetts. When storms cause tree limbs to snap, power lines must be repaired by Nstar crews. Utility poles knocked down by cars, and flooded underground-fed electricity systems that feed some municipalities are other common situations requiring Nstar crews to be sent out to restore power.   Nstar provides an online tool to report a power outage here.

Nstar service truck

Nstar service truck

What do you think of Nstar?

Leonard Law Office, LLP is investigating Red Bull Energy drinks.  At issue is whether consumers have been misled by Red Bull’s advertising and product packaging.  If you purchased Red Bull, and want more information about this class action investigation, you are encouraged to contact us.

Source: http://www.redbullusa.com/cs/Satellite/en_US/Red-Bull-Energy-Drink/001242989766321

Red Bull Energy Drink

Related information:

On Tuesday, January 13, 2013, a false advertising class action lawsuit was filed in New York against the producers of Red Bull energy drinks. Careathers et al v. Red Bull GMBH, (S.D.N.Y 2013) No. 13-CIV-369. Read the rest of this entry »

Leonard Law Office, LLP is investigating 5-Hour Energy.  At issue is whether consumers have been misled by 5-Hour Energy packaging and advertisements.  If you purchased 5-Hour Energy, and want more information about this class action investigation, you are encouraged to contact us.

5 Hour Energy product label

5 Hour Energy product label

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In 2010, a false advertising class action complaint was filed in California against 5 Hour Energy.  That case did not survive due to issues related to the plaintiff and class counsel.
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Related information –  Center for Science in the Public Interest, Health Group Issues Warning Over Deceptive “5-hour Energy” Web Ads, December, 2012.

NAD Examines Advertising for Living Essentials’ ’5 Hour Energy Shot,’ Following Challenge by ‘Monster’ Maker Hansen

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Congress should enact privacy laws modeled after those of the EU.

America’s current laws related to privacy and data do not do enough to protect consumers. U.S. lawmakers should model privacy laws after the EU’s in regards to data collection, data storage, and electronic privacy.

European data laws embrace two core privacy rights that American law does not recognize. In Europe, consumers enjoy a “basic right to informational self-determination with regard to their personal data,”i and a so-called “right to be forgotten.” Informational self determination essentially means the right to make informed decisions about data collection and use. A French data commissioner defined the right to be forgotten as: “if an individual no longer wants his personal data to be processed or stored by a data controller, and if there is no legitimate reason for keeping it, the data should be removed from their system.”ii

Informational self-determination and the right to be forgotten are two rights that Americans should have. Consumers should be given full disclosure of what information will be collected about them, how it will be used, how it will be stored, and with whom it will be shared. If there is any data collection or use not fully disclosed and obvious to consumers, then opting out of that use or collection should be the default, with consumers having the choice to opt in, after considering all of the relevant information needed to make an informed decision. American consumers should have the right to require that a company reveal a full record of all data collected about them, and to generally have that data be deleted upon request.

Google

Footnotes

i Proceedings Against Facebook Resumed, Der Hamburgische Beauftragte für

Datenschutz und Informationsfreiheit Press Release, 8/15/2012, at http://www.datenschutz-hamburg.de/fileadmin/user_upload/documents/PressRelease-2012-08-15-Facebook_Proceedings.pdf, accessed 1/7/2012

ii The Right to Be Forgotten, 64 Stan. L. Rev. Online 88, 1/13/2012 at http://www.stanfordlawreview.org/online/privac-paradox/right-to-be-forgotten accessed 1/7/2012 (internal citations omitted).

You may have seen adds on television for “all natural” or “homeophathic” topical products which claim to get rid of skin tags without surgery.

ElimiTag Homeopathic Medicine promises that it will “Get rid of ugly, annoying skin tags naturally and painlessly.”

Tag Away Thuja Occidentalis Homeophathic Skin Tag Remover claims that it “Removes Skin Tags the All-Natural Way!“ and “Skin Tags Just Dry Up & Fall Away!”

Another skin tag removal product, Skintag-s.com, claims to remove Skin Tags, Moles & Warts in 15 – 20 minutes

The Leonard Law Office, LLP is investigating whether consumers have been misled by these claims. If you purchased a skin tag removal product and found the results you obtained did not live up to marketing claims, please contact us.

Tag Away Website Screenshot

Tag Away Website Screenshot

Elimitag Website Screenshot

Elimitag Website Screenshot

Instagram’s Arbitration Clause Makes Class Actions Against Instagram Impossible: ”Instagram’s Binding Arbitration Clause Could Be the Worst Ever: It Seeks to Kill Off All Representative Actions… the photo-sharing company Instagram is following in eBay’s footsteps — with a pre-dispute binding arbitration clause and a class-action ban, along with a largely illusory opt-out provision. Learn how to opt out of the Instagram arbitration clause here.

Instagram monitoring

Instagram

 

You may have seen the silly adds on television for the shake weight, promoting the device as a “flab-busting breakthrough.”

The packaging promises: “Shake your way to Firm & Fabulous arms & shoulders in just 6 minutes a day!”

Leonard Law Office, LLP is investigating whether consumers have been misled by these claims.  If you purchased a shake weight and found the results you obtained did not live up to marketing claims, please contact us.

shake weight

Shake Weight

Olay Regenerist

Olay Regenerist

Introduction

The Olay Regenerist line consist of at least thirty different products. There are currently twenty six Regenerist products listed on Olay.com1, and twenty eight listed on the PG eStore website.2

The Regenerist product line is intended to work together as a five-part 24 hour “anti-aging” skin care regimen: (1) cleansers; (2) preparers; (3) moisturizers; (4) daily treatments; and (5) specialty treatments. The inventiveness of the Procter & Gamble – Olay marketing department is impressive; the Regenerist line covers every aspect of skin care imaginable, and some which defy imagination, running the gamut from morning cleansers, to facial peels, targeted specialty treatments for trouble where the signs of aging show most (such as around the eyes), a “DNA Superstructure Cream,” portable pre-moistened facial wipes, to an overnight “recovery” cream.

There is no time during the day or night, or juncture in a daily facial care ritual, at which a consumer would be unable to reach for some product from the Olay Regenerist “anti-aging” line of goods. If the consumer follows the instructions and urgings on the product packaging, they should always be using one of the overlapping products within the Olay Regenerist “anti-aging” product line to “create the perfect skin care solution.”

The Olay Regenerist Product Line: Read the rest of this entry »

Massachusetts Statue of Frauds

M.G.L. Ch 259, S.1

No action shall be brought:

First, To charge an executor or administrator, or an assignee under an insolvent law of the commonwealth, upon a special promise to answer damages out of his own estate;

Second, To charge a person upon a special promise to answer for the debt, default or misdoings of another;

Third, Upon an agreement made upon consideration of marriage;

Fourth, Upon a contract for the sale of lands, tenements or hereditaments or of any interest in or concerning them; or,

Fifth, Upon an agreement that is not to be performed within one year from the making thereof;

Unless the promise, contract or agreement upon which such action is brought, or some memorandum or note thereof, is in writing and signed by the party to be charged therewith or by some person thereunto by him lawfully authorized.

940 CMR 7.00: Debt Collection Regulations (Current)

Massachusetts, like many states, has comprehensive legislation regulating the collection of consumer debt.  The Massachusetts statute is M.G.L. c. 93 § 49.  Any violation of the general debt collection statute is considered an “unfair or deceptive act or practice” under the Consumer Protection Act or M.G.L. c. 93A.  Massachusetts Attorney General’s Regulations also regulate the collection of consumer debt. The specific A.G. regulation is 940 CMR 7.00. It sets forth certain practices as  per se unfair or deceptive acts or practices, in connection with the collection of consumer debt in Massachusetts. Finally,  there are also regulations from the Massachusetts Division of Banks, which prohibit unfair debt collection practices by debt collection agencies. Those are: 209 CMR 18.00. Read the rest of this entry »

Important: If you are looking for information about the Citizens Bank Overdraft Settlement, the official website is here: https://www.citizensoverdraftsettlement.com//

New: 11/19/2012:

Most Commons Questions about the citizens bank overdraft class action:

1) How much will Citizens bank customers be paid out of the overdraft class action lawsuit settlement?

2) When will citizens bank reimburse overdrafts?

3) How to join the class action suit against Citizens bank?

I wrote Citizens bank customer service on May 4, 2012 asking about the settlement, because I too was affected by Citizen bank overdraft fees.

They wrote back:

“Dear Preston Leonard,

Thank you for your recent inquiry.  Please be advised if the court approves the settlement, impacted customers will be formally notified. If you have any further questions you may email us or call us at our 24 hour Customer Service at 800 922-9999.”

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Citizens Bank to pay $137.5m to settle overdraft suit

By Beth Healy and Todd Wallack, Globe Staff:

Quote from Globe Article:

“Citizens Bank customers hit with questionable overdraft fees could receive refunds under a settlement announced Wednesday in which the bank agreed to pay $137.5 million to settle charges it manipulated customers’ debit card and ATM transactions.  The bank was accused of processing the transactions in a way that made overdrafts more likely, boosting the income it collected from customers forced to pay overdraft fees.  Citizens did not admit wrongdoing in the case, which is being heard in federal court in Miami. The court must still approve the settlement….”

Read the rest of the story about the Citizens bank overdraft fee class action settlement here. Read the rest of this entry »

False advertising is found on product packaging, and any other form of advertising where the seller makes claims that “do not simply magnify in opinion the advantages the product has, but invents advantages and falsely asserts their existence.” It is at that point that the seller “transcends the limits of ‘puffing’ and engages in false representations and pretenses.” (false advertising).  United States v. New South Farm, 241 U.S. 64, 74 (1916)

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"The superior man understands what is right; the inferior man understands what will sell."
- Confucius

"Behind every great fortune there is a great crime." - Honoré de Balzac
“It is impossible to frame definitions which embrace all unfair practices. There is no limit to human inventiveness in this field.”- H.R. Conf. Rep. No. 1142, 63d Cong., 2d Sess.19 (1914).

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