Consumer Rights Law Blog

BMW Airbag Explosion Danger Results in Recall

Ron@OhioLemonLaw.com (Ron Burdge) — Tue, 07 May 2013 16:12:58 PDT

This is an Early Warning Alert on a dangerous recall from BMW.

An official recall notice has not been published yet by the federal government, but news reports today have said that BMW has joined Toyota, Nissan, Honda and Mazda in recallilng the millions of vehicles that have dangerously defective airbags.

Exploding Airbag Danger Causes BMW Recall

With BMW the total vehicle recall count is 1.3 million US vehicles, with just over 42,000 BMW's added to the US airbag recall list. Over 100,000 BMW's in other parts of the world are also being recalled for the exploding airbag danger.

For BMW the recall covers the 3-series models from 2002 to 2003, including the BMW M3 coupe and convertible models.

The recall affects the airbags built by Takata and installed in the front passenger seats of over 3.5 million motor vehicles worldwide. It also sheds light on the little-known market relied on so heavily by big-name car manufacturers who often use the same parts manufacturer, here Takata. Takata is the leading airbag manufacturer in the world.

It turns out that airbags made by Takata from April 2000 to September 2002 in Moses Lake, Washington and Monclova, Mexico, used a propellant with a manufacturing defect that caused airbag inflation to occur incorrectly. The result was a risk of fires or passengers being injured by metal fragments shooting out.

Oddly, Takata has admitted learning of the problem back in October 2011. No reports have been released on any earlier warnings by the air bag manufacturer to alert BMW or the other five car manufacturers of the danger.

So if you own a 2002 or 2003 BMW 3 Series or BMW M3 Coupe or M3 convertible, be careful out there. Call your local BMW dealer and find out right away if your car is on the recall list. If it is, get it in the shop right away so you and your family are not injured by the Takata exploding airbags.

Got a lemon BMW 3 Series or a lemon BMW M3?

Want a new BMW or your money back?

Get www.USLemonLawyers.com

Get Justice.

Shame on Them, Tell Them That

Ron@OhioLemonLaw.com (Ron Burdge) — Thu, 18 Apr 2013 10:25:51 PDT

Image from LatinaLista.com

Are you part of the 90%? Then stand up and be counted. This is not a liberal or conservative thing - it is just survival.

12 people were shot dead, and nearly 40 others wounded, by a crazy person in an Aurora theatre. Another shot and killed 6 people and shot US Representative Gabrielle Giffords in Tuscon. 12 kids and one teacher were shot to death in Columbine High School. In April 2013 a convicted felon took a gun to a church in Ohio and killed a man. In Tulsa, two convicted felons were arrested on the murder of four women, still carrying a gun. In Webster (NY) two firefighters were murdered by a convicted felon. If we kept looking, it wouldn't take long to come up with a total of 44 deaths caused by guns bought (legally) by crazy people and convicted felons. Johns Hopkins University released a study in October 2012 that proved that 80% of violent firearm crimes in the US are with guns that are bought by felons and mentally ill people who know how to avoid the simple background check that gun stores do.

90% of Americans favor the most minimal, modest effort to stop the sale of guns to the mentally ill and convicted felons. Everyday felons and crazy people are turned away, gunless, from gun stores where they fail a simple background check.

Image from tpzoo.ordpress.com

The problem is that they can drive right over to the local gun show and easily buy high-capacity guns. Stopping it is not "gun control" - it is putting a control on crazy people and felons. It will just keep guns out of the hands of people who will only use them to kill and maim innocent children and victims of their violence. It is not a "slippery slope" to any loss of your rights either, but it does take away the right of some crazy person or some felon to buy a gun at a gun show. And there is nothing wrong with that.

Yet 44 Senators voted against requiring background checks. Congress failed to pass a simple law that 90% of America wants. A law that would merely include gun show purchases in the background check program. It would not do anything else.

Send these US Senators the Shame on You Message below. Copy this phrase:

Shame on You for Letting the Mentally Ill and Convicted Felons Buy Guns at Gun Shows

Now click on the name of any Senator listed below and then paste the Same on You Message in place and send it. These are the Senators who voted to let the mentally ill and convicted felons buy guns.

Alexander, TN
Ayotte, NH
Barrasso, WY
Blunt, MO
Boozman, AZ
Burr, NC
Chambliss, GA
Coats, IN
Coburn, OK
Cochran, MS
Corker, TN
Cornyn, TX

Image from ProgressOhio.org

Crapo, ID
Cruz, TX
Enzi, WY
Fischer, NE
Flake, AZ
Graham, SC
Grassley, IA
Hatch, UT
Heler, NV
Hoeven, ND
Inhofe, OK
Isakson, GA
Johanns, NE
Johnson, WI
Lee, UT
McConnell, KY
Moran, KS
Murkowski, AK
Paul, KY
Portman, OH
Risch, ID
Roberts, KS
Rubio, FL
Scott, SC
Sessions, AL
Shelby, AL
Thune SD
Vitter, LA
Wicker, MS
Baucus, MT
Begich, AK
Heitkamp, ND
Pryor, AR
Reid, NV

If you want to keep convicted felons and mentally ill people from getting guns, then make your voice heard. Send a message now. Tell these Senators, Shame on Them.

Everyone complains about Congress but the truth is that Congress won't change until they hear YOUR voice. Send these 44 Senators the Shame on You Message. Do it now. And change Congress.

Shame on Them for Letting the Mentally Ill and Convicted Felons Buy Guns at Gun Shows. Congress will change when we get rid of these 44 men and women in Washington who want to pass out guns to convicted felons and mentally ill people.

Lie, Cheat, Steal - the Car Dealer Finance Man's Way of Life

Ron@OhioLemonLaw.com (Ron Burdge) — Wed, 20 Mar 2013 06:25:44 PDT

"It's just what I do"

Would you like to know what some car dealer "F and I" sales people really think about what is right and wrong to do in their job at the car dealership? Well, forgery just seems to be part of a car dealer's DNA.

"F and I" is car dealer slang for "Finance and Insurance" which is where car dealers make high profit off customers by selling soft add on products - or sometimes just "packing" them into a deal without the customer even knowing it. Those things have to be signed for by the customer but if the customer doesn't even know about it, how do you get their signature on the disclosure forms? It's easier than you think.

The 5 Finger Close
Will Get Your Money
Everytime

While a 5 Finger Close is a common way of doing it, some finance sales people don't even bother with it. Instead, as one man said, they just sign for them. Let's see, just how do you spell F-o-r-g-e-r-y?

Tallahassee's Mad Marv Eleazer writes a column and blog for F and I Magazine the industry's magazine. His February 5 post is titled "A Newbie's Guide to F and I" and it gives tips on how to learn the finance business. But the real truth comes out in the comments posted by his car dealer F and I readers.

The Feb 15 post by "Bubba B" tells you everything you need to know about how some people in the car sales business really think -

"I can sign so good that it looks like a real signature"

"My .02 is that every once in a while, more often than not, you're gonna get a few missing signatures. Learn how to copy signatures, becuase you'll be doing it all the time. You don't want to bother the customer to come back in and fill in the missing signatures. Without using the word "forgery," learn how to sign documents on behalf of the customer - that's my advice."

After getting some online kick back on his advice, on Feb 19 Bubba B commented that "it was just a joke" so you would think that would be the end of it? No way.

Later that same day, Bubba B comes back to post this sage observation "Everyone one this site has "signed" for the customer. That includes the author, trust me."

Eventually, even the blogger himself, good ol' Mad Marv, admits to his sins and comments "... I will admit there is little I haven't done when I was younger."

So what does this mean for you as a car-buying customer? Never trust someone in the business that you don't know really, really well. And if you do know them really, really well? Trust them only some of the time and double check everything going on. So you don't waste your money.

Be careful out there. There's sharks in the water.

Burdge Law Office

www.CarSalesFraud.com

Helping consumers protect themselves everyday

Chinese Auto Parts Companies Hit With $2.5 Million Penalties

Ron@OhioLemonLaw.com (Ron Burdge) — Tue, 19 Mar 2013 08:18:04 PDT

Blowing the whistle on big time corporate tax cheaters can not only help the US economy but it can make a nice reward for the whistleblower too. Today's blog is a guest post from our friends at Berger & Montague, PC, a nationally known law firm that handles Whistleblower Claims, and it's a man who helped the government go after tax cheaters on a big scale.

Multiple Companies Named in False Claims Act Lawsuit Involving Misclassified Automotive Manifold Parts

Photo Source - GardenTrucking.com

A $6.3 million settlement was recently reached in a case that involved several companies incorrectly classifying auto parts that were manufactured in China and imported to the United States. The misclassification was apparently done in an effort to avoid paying the US government $2.5 million in taxes. The settlement follows an investigation conducted by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
China Metal Products Company operates a North American plant in Milford, Michigan under the name of CMAI Industries LLC. CMAI Industries, along with several of China Metal’s international subsidiaries, all took part in the automotive scheme, falsely classifying commercial truck exhaust manifolds imported from China to avoid paying a duty charge. The way the company got around paying the duty fees was to simply classify the automotive manifolds as "unfinished." The reason for claiming the manifolds were unfinished? Under United States law, when unfinished automotive manifolds are imported to the United States, they are not charged a duty fee. If the truck manifolds had been correctly classified as finished, CMAI Industries would have been forced to pay a duty on each shipment.

"Our country was built on the duties collected under our customs laws and the enforcement of those laws continues to be an HSI priority two centuries later," said Brian M. Moskowitz, special agent in charge of HSI Michigan and Ohio. "HSI special agents will continue to protect the revenue of the United States and aggressively investigate individuals and companies who attempt to operate outside our laws and regulations."

Photo Source - Gardentrucking.com

Companies and Individuals Involved in the Auto Parts Scam
These corporations are a group of related entities, operating in China, Taiwan and the United States, that manufacture and sell automotive parts. As part of each company’s operation, auto parts were routinely imported into the United States and sold around the nation. The companies involved in this scandal agreed to the settlement as a way to resolve claims that they violated the False Claims Act by falsely misclassifying the auto parts. The long list of companies and citizens involved in this False Claims Act lawsuit are:

CMAI Industries, LLC, a Michigan limited liability company doing business as CMAI North America
China Metal Products Co., Ltd.
China Metal Automotive International Co., Ltd.
China Metal International Holdings, Inc.
CMP (Hong Kong) Industry Co., Ltd.
CMW (Cayman Islands) Co., Ltd.
Shiuh-Lung Chiang, also known as Ronny Chiang
Ho Ming-Shiann Special agents with HSI recovered more than $4 million of the total $6.3 million paid in settlement fines from assets that were seized during the investigation. This case first came to the government's attention due to a lawsuit filed under the "qui tam" or whistleblower provisions of the False Claims Act.

What is the False Claims Act?
The False Claims Act allows private citizens who have first-hand knowledge of fraud against the government to file a lawsuit on behalf of the United States government. When whistleblowers consider bringing a Qui Tam lawsuit against their employers, it is vital to first seek out the professional advice of highly skilled lawyers in this particular legal niche, such as the legal team at Berger & Montague, P.C. Whistleblowers that bring a successful False Claims Act lawsuit are entitled to a share of the money that the government receives in any recovery. The whistleblower in this suit, Theodore Ludlow, received $1.2 million as his cut of the money recovered by the United States government.

A Nationally Known Law Firm Protecting Taxpayers

The companies and individuals named in this False Claims Act lawsuit allegedly violated the Act by knowingly and willfully misclassifying automotive manifolds in order to obtain a duty (or tax) rate of zero, all the while charging their customers the correct duty amount of 2.5 percent. Each company then kept the "profit" for themselves, pocketing the duty money that should have been paid to U.S. Customs and Border Protection (CBP). Between June 2004 and June 2011, it is estimated that the companies avoided paying $2,549,000 worth of duty money on 706 separate entries into the United States involving manifolds valued at $102,000,000.

Burdge Law Office

www.BurdgeLaw.com

Helping people protect themselves everyday

Identity Theft Resource from NHS

Ron@OhioLemonLaw.com (Ron Burdge) — Wed, 20 Mar 2013 14:24:11 PDT

We blogged about identity theft before, explaining what it is, some ideas on how to prevent it, and some things you can do to fix it.

The NHS Consumer Law Center posted a very recent and very nicely detailed blog the other day about credit reports and identity theft issues, including some approaches on dealing with problems in both areas.

Although it focuses on Ohio consumers, the tips and info are applicable everywhere.

It's a great read so click here for more info.

Burdge Law Office

www.BurdgeLaw.com

Helping People Protect Themselves, Since 1978

National Consumer Protection Week, Day Four

Ron@OhioLemonLaw.com (Ron Burdge) — Fri, 08 Mar 2013 07:07:16 PST

Do you care about your constitutional right to carry a gun? Did you know that there's another constitutioal right being taken away everyday - and you don't even know it is happening? More about that in a minute.

This is day four of National Consumer Protection Week and we are continuing our week-long series on common consumer frauds and scams, with tips on how to make sure you don't become a victim.

Monday we talked about the latest car dealer scam that we are seeing often in Ohio and elsewhere and Tuesday it was about the hassles of debt collector harassment. Wednesday it was the dangers of Identity Theft. Each day we explained the subject and gave tips on how to avoid it. Today we turn to something new. Something you probably don't even realize is happening to you.

US Bill of Rights in National Archives

There are lots of news stories about the controversy over gun control right now. When you hear all the debate, you quickly realize that there are lots of people who hold tight to the notion that they have a constitutional right to own a gun because of the 2nd Amendment. No matter which side of the argument you are on, most folks don't realize that there are other constitutional rights that are slipping away every day and which can hurt you just as bad - maybe worse.

The US Bill of Rights consisted of ten amendments to the US Constitution in 1791 that were intended to protect what the founders called the natural rights of liberty and property. Fundamental to those ten rights were the right to bear arms (2nd Amendment) and the right to trial by jury (7th Amendment). Both of them have to do with self protection.

They believed in Jury Trials

Our nation was founded on laws and the checks and balances of our social and legal system. The founders had seen the effect on Justice of Judges who made decisions that were influenced by their relationship to those who put them atop their benches. That's why they created the right to a jury trial in the 7th Amendment - to protect citizens from the dangers of judges beholden to unaccountable others and who were out of touch with the common citizenry.

"In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved....."

That means you have a right to have a jury of your peers decide your case when you are in court. Well, that's what it meant and what it ought to still mean too. But not always anymore.

Over the last two hundreds years, you have steadily been losing that right as big business and elected officials beholden to special interests have chipped away at it for their own self-interest and benefit.

Why Trial by Jury Matters. Big Business knows something you don't. Most lawsuits in this country are not people suing people anymore. It's one big business suing another big business over their big business interests. It's all about the money.

And Big Businesses are in the courtroom all the time and they have learned something from it. And they've learned how to use what they learned too. And it won't be good for you.

Predisposed Judges Can Hurt Justice

Judges were lawyers first. And lawyers are trained to be analytical, skeptical, inquisitive, and doubting. They want strong proof of answers to questions, not just simple answers. Big Business saw that because Big Business was in the courtrooms of America every day.

Because of their legal training and their practical experience which hardens that training even more, Judges risk becoming too skeptical and doubtful. And too easily favoring the defendant in civil cases.

And now the Courts say that Big Business can donate money to political campaigns and keep their identity secret. Politicians that are bought and paid for aren't public servants. And Justice isn't blind when it's bought and paid for either.

Can Money Influence Justice but Not Influence a Jury?

The danger to the common man? Simple. Many people believe that after they are elected, politicians are often beholden to those who supported them and whose support they will need when their re-election campaign comes up. And if the donations are secret, you will never know who is buying who - or not. The average guy and gal can't contribute a lot money to politicians - but Big Business can. And the defendant in a courtroom is often Big Business itself.

People say that guns matter because it makes them safe. Well, the right to a trial by jury matters because it is the only thing that has a chance of keeping people honest.

Trial by jury - more important than the right to bear arms? Yes it is. Why? The right to own a gun is the right to use violence when justified. But the right to trial by jury can decide if you were justified at all in the first place. If you lose the right to have your neighbors and other citizens decide if you are innocent or guilty, or if you owe someone else money, or are being ripped off by someone else - if you lose that right, your guns won't matter.

We are a nation of laws first. If you don't have the right to equal treatment before the law, you lose. The only way to make sure you get equal treatment is to put that power in the hands of the citizenry - a jury of your peers.

How are you losing your jury right? It happens every day in little ways. Big Business with its big bucks in donations, realizes that judges may favor them over the lone individual who is just trying to get by in life and has no spare money to donate to high-cost political campaigns.

So Big Business puts into its contracts and sales documents what they call jury waivers and binding mandatory arbitration clauses that they later use to stop you from having a public trial by jury. And most people don't even notice it.

A jury waiver is a sentence or clause in a contract that says you agree to give up your right to have a jury decide if you are telling the truth or not in a dispute that may arise in the future. And you sign it before you even know a dispute exists.

Arbitration Clauses Close the Courthouse Door in Your Face

Binding mandatory arbitration is a clause in a contract that says you agree not to sue someone over anything that happens and that instead you will let a hired person decide in a private room where no one will know what happened or who won or lost and they can make the decision on any basis that they want. And you sign it before you even know you have a dispute. You promise never to go to court at all.

More and more consumer contracts have jury waivers planted in the fine print. You should wonder what a business is afraid of letting a jury find out. If they are honest and fair, they should not be afraid of a jury. But they are.

More and more consumer contracts have binding mandatory arbitration clauses too. You should wonder what a business is afraid of having come out in a public courtroom. If they are honest and fair, they should not be afraid of an open courtroom. But they are.

How can you keep your rights? Read carefully everything you sign. If you see a jury waiver, take your ink pen and draw a line right over top of it, to strike it out. If you see an arbitration clause, take your ink pen and draw a big "X" right over top of it, to strike it out. Don't agree now - to what Big Business can use later to hurt you.

And if the business says you have to go along with the clause and they won't let you strike it out? Take your business somewhere else. There are plenty of businesses out there that don't require you to give up your right to a jury trial just to buy their product or service. They are run by honest and hard-working people just like you.

For more tips on understanding arbitration clauses and fighting back go to ArbitrationSucks.com.

Get your rights back. Stop going along with jury waivers and arbitration agreements that some businesses and merchants are sneaking up on you with. You want to protect yourself with your guns? You better start protecting yourself with your right to a jury trial too - or no one will be there to listen to you or help you find justice when you get ripped off.

Burdge Law Office

www.BurdgeLaw.com

Helping consumers protect themselves everyday.

National Consumer Protection Week, Day Three

Ron@OhioLemonLaw.com (Ron Burdge) — Wed, 06 Mar 2013 06:38:40 PST

Identity thieves are out to steal from you. And they are very good at it. More about that in a minute.

This is day three of National Consumer Protection Week and we are continuing our week-long series on common consumer frauds and scams, with tips on how to make sure you don't become a victim.

Tuesday we talked about debt collector harassment and how to stop it. Monday we talked about the latest car dealer scam, the Presumptive Close and how to make sure you don't get ripped off.

Today, we'll talk about identity theft and how to stop it from hurting you.

What is identity theft? There are bits of information about you that thieves would love to get hold of. Having the right info enables them to open charge accounts in your name, drain your bank account, file false medical claims, and lots more. To open a charge account in your name, run up the tab by purchasing tons of stuff and then skipping with it, all they commonly need is your name and usually just one key bit of identifying information. It can be your driver license number, date of birth, home address, home phone number or - and this is the "gold standard" of info that opens all the doors to your assets - your social security number.

That's why you have to guard that info as much as your wallet on a crowded big city downtown street at rush hour. If you don't, you can wake up one day to find your bank account balance at zero. Or you can find dunning notices in your mail box for charge accounts you didn't know you even had.

How can you prevent identity theft? First know who you're dealing with. If you know the physical street address of a merchant, you know they actually exist. Otherwise, for all you know they could be sitting in a foreign country where you will never find them. Second, don't send money to anyone in life without being very sure about who you are dealing with and double checking to make sure the whole thing is real. You could be giving your money away.

Never carry your social security card with you (keep it at home in a safe place). Charity phone callers, nephews in jail, and all the rest of the phone scams sound real on the phone and look real on the internet. Be suspicious. Be extra careful. Never mail bill payments from your mail box (thieves can pick up your mail).

Get your free credit report once a year (it's free) and go over it carefully to look for any accounts you don't recognize or addresses that aren't your own (and any internet site that wants your credit card number in order to give you a free credit report? well, that's not free - don't give it out). You have a right to a Fair and Accurate Credit Record.

Never, never, never "wire" money to anyone (you can't get it back) and never send someone you don't know for sure cash money. Anyone who wants you to send them cash, and you have never met them, can be assumed to be a ripoff thief. And never, never, never give your checking account number to anyone - don't ever authorize an "electronic funds transfer" because once they have your bank account number, a thief can drain it at will.

If someone on the phone asks for your credit card number or social security number, you should first assume they are a thief and then check everything out and question everything thoroughly before you give out any personal identifying information at all. Remember, you could be giving a thief access to your savings account, your checking account, your IRA, your investment account - everything.

And on the computer, don't use common passwords and try to use different passwords for different web sites too.

How can you fix it when identity theft happens to you? It is not easy. Speed matters too. Act quickly to minimize the damage that is done. First, know your rights as a victim of Identity Theft - federal law does give you some legal rights.

Then, call the Ohio Attorney General's Identity Theft Unit for help. Put a fraud alert on your credit record with all 3 of the credit reporting agencies - some of them will also let you "lock" your credit record from access and that can help tremendously. And dispute any fraud or false info on your credit report. You can use this letter (click here) to dispute anything on your credit report for free.

Then file a police report and get a copy of the police report too. You will very likely need it later.

If a credit card has been opened in your name and it isn't you, notify the fraud department of the store or bank both on the phone and in writing. If your bank account is tampered with, close the account immediately. Check with your bank or credit card company to see if they have an "Identity Theft Repair Kit" like Wells Fargo has on the internet. The Colorado Attorney General also has a terrific 28 page booklet you can read on the internet called Identity Theft Repair Kit with tons of tips and info you can use. You can even get an ID Theft Fix-it Kit from Nolo, the folks who publish low cost legal guides of all kinds.

Want more info? You can get more info on how to straighten out your financial life after identity theft if you click here.

Burdge Law Office

www.OhioFairCredit.com

Helping consumers protect themselves every day

National Consumer Protection Week, Day Two

Ron@OhioLemonLaw.com (Ron Burdge) — Mon, 04 Mar 2013 14:47:33 PST

Debt collectors can drive you nuts. And that's what they are actually trying to do too, but more about that in a minute.

Today is day two of the National Consumer Protection Week. Yesterday we talked about the latest car dealer scam, the presumptive close. Today let's talk about debt collector harassment and how to stop it.

Each year the Federal Trade Commission looks at all the complaints they get from consumers in the prior year and counts them up to see what people are complaining about the most. You might think it was the Wall Street bankers who stole all our retirement money, right? You'd be wrong. That is just so 2009.

This year Debt Collectors took First Place as the top consumer complaint category for 2012.

Debt collector harassment has turned into a rampant, no holds barred industry in the US. Threats to put you in jail, to take your kids, to tell all your neighbors that you owe money, and some things much worse - all of it happens every day. And all of it is illegal.

Why do they do it? Because intimidation works. They frighten people into paying and that's the name of their game.

To get a sample of some of it, go to this YouTube video of an ABC News show and you can listen to some of the harassment and see what we mean. It's rough out there, folks.

Good people can hit hard times and have to deal with debt collectors calling. And many debt collectors (well, okay, maybe not many) are reasonable and fair and just trying to do their job and are reasonable and courteous. But then there are the ones who call you at all hours of the night, leave nasty notes on your front door, call your elderly parents or your neighbors, etc, etc.

So how do you stop it? Know your rights and when they cross the line, do something about it. But don't just get even. Get a lawyer and get some Justice too.

First, your rights. You have the legal right to be treated fairly and with civility by a debt collector. And there are some specific things that a debt collector is forbidden from doing.

They can't call you before 8 in the morning or after 9 at night. They can't call you at work if your employe doesn't all it either - but you have to tell them that first, so they know it.

They can't curse you. They can't insult you or demand that you pay more than is actually owed. They can't lie and they can't say they will take your kids away if you don't pay them. And, yes, they can't threaten to put you in jail if you don't pay either.

The last notice you get from a debt collector is this

You can stop a debt collector from harassing you by just sending them a letter and telling them to stop. Once they get it, they can't contact you again, except to tell you that they are going to sue you over the debt. But be forewarned - stopping the phone calls does not erase the debt if the money is legitimately owed.

If you have an attorney, once you tell them that, then the debt collector is not allowed to contact you again - they have to deal with your attorney.

And if you don't owe the debt, write a letter to the debt collector within 30 days after you get their written notice of the debt and tell them you don't owe it or to send you proof of the debt. Then they have to either do it or leave you alone.

There are lots of other questions you may have about illegal debt collection and you can click on this web page to read more.

And if the debt collector violates the law anyway? Well, you can file a complaint with the Federal Trade Commission and hire a lawyer to sue them back because if they violate the law, then they can owe you $1,000 plus have to pay your attorney fees, just for that. Call your local attorney's bar association and ask for a referral to a "credit rights" or "debt collection defense" lawyer or check for one at Avvo.com

Getting a lawyer on your side is a great way to teach debt collectors a lesson too.

Burdge Law Office

www.OhioCreditRights.com

Helping consumers protect themselves

National Consumer Protection Week, Day One

Ron@OhioLemonLaw.com (Ron Burdge) — Mon, 04 Mar 2013 13:47:54 PST

Car sales fraud is thriving in Ohio, but more about that in a minute.

Today kicks off National Consumer Protection Week and a series of blogs we'll post to help you protect yourself from getting ripped off by Ohio car dealers, credit and debt problems, identify theft, and more. Each day will be a different topic and we'll give you info and tips and resources so you don't waste your money and you don't get ripped off.

Today, we start off with a warning about the latest scam some Ohio car dealers are pulling on consumers to intimidate them into purchases the consumer normally would think over and, in many cases, refuse to make.

Car dealers call it the "presumptive close."

When you go to buy a car there is a step by step process that many Ohio car dealer puts you through, even though you may not realize it. It starts with what they call the "meet and greet" where they learn what your interests are and your budget is - so that they can land you on a car that fits the bill and they can move you to the next stage. In the midst of the process is a step called the F&I department. Actually the finance office (the F&I department's real purpose) is nothing but another selling point where the dealer tries to make more profit off you. Nothing really wrong with that, except when they try to trick you or intimidate you into buying something you either may not want or don't even know about. They call it a presumptive close.

The Presumptive Close can rip you off before you know it

Because the sales person has already gotten the basic info together, the finance sales person already has everything they need to write up all the sales documents. You can tell you are about to get hit with a presumptive close because all the sale papers are typed up and ready to sign when you are ushered into the office of the finance "manager" (who is really just another sales person) after waiting for sometimes an hour or two (or more) waiting "for the documents to be printed up" or so the sales person said. Actually that stalling time is part of the process - an important part for the dealer because it wears you down and tires you out so that you'll be more anxious to get through the finance process just so you can get out of there and go home.

Honest looks can be deceiving

So you walk in and the sales papers are all set for you to sign. You sit down on one site of the desk and the finance manager is on the other side and he says something like, "okay, we have all your sales documents ready and we'll have you out of here in just a few more minutes. I just need you to sign here and here." And with that starts a process where the car dealer takes maximum advantage of two things.

First, your exhaustion. The dealer knows you are getting tired so now is the time to get you to sign the paperwork because you are less likely to be patient and attentive to what is going on.

Second, your trust. The dealer knows that if they build up your trust from the start with the meet and greet, and friendly helpfulness, you will let down your guard. They call it bonding. Some sales or finance sales persons will even tell you that they too have two little kids they love - just like you too. Or they also love fishing - just like you too. Or they also served in the Marine Corp - just like you too. Etc, etc, etc.

So, don't get exhausted and don't let down your guard. If you do, the presumptive close will rob you of thousands of dollars of your hard earned money before you know it. How does it work? Let's go back to that closing room, what the dealer calls the F&I office.

"I just need you to sign here and here" says the finance salesman. And then he slides a sales document over in front of you and helpfully holds the paper still with one hand while his other hand gives you an ink pen and then points to the line to sign on. If you ask or say ask what the document is, he likely will call it by its name and say something like "this is your sales contract and it says you are buying the car for the $21,000 that we talked about plus tax and title, just sign right down here and we'll get you out of here in a few more minutes." Some of them are really smooth and reassuring. The whole process is called a 5 Finger Close and can rip you off before you even know it.

Don't trust him

That's the first step in getting ripped off because the finance sales person had one had on the document holding it still for you, or so you thought, when what they were actually doing was using their hand to hide from you the part of the form that said they were also selling you rust proofing for $1,249 (illegal in Ohio and some other states) or etch "theft guard" for an extra $199 or Gap insurance for another $700 or "key care" for $199 or an extended warranty for $2,000 or something new called "Personal Assistant" for an extra $149 or Credit life insurance or credit disability insurance or unemployment insurance or interior fabric or leather protection or a maintenance package or tire protection, etc, etc, etc.

All of it is a ripoff, a lie, and a scam to steal money from you without you knowing it. So how do you stop it?

Two things. Remember? They want you to get tired, exhausted by the waiting. So don't. There is no reason a car dealer can't print off the sales papers in a matter of minutes if they want to. After all, how fast does your printer at home work? So if it takes more than a few minutes, just leave. Don't ask for permission because they will give you one excuse or another to keep you there. Leave. And what do you do if they have your car keys because they were going to check it out in case you wanted to trade it it (a common ruse to "steal" your car keys so you can't leave without buying their car) - tell them to give you back your keys or you will call the cops. They'll still give you one excuse or another, trying to stall you. So just pull out your cell phone and dial call the police and tell them the car dealer has stolen your car keys and your car. Don't know the police phone number? Dial information and ask for it or use your smartphone to look it up.

Don't have a cell phone with you? Then ask where the pay phone is so you can call the police. If they say they don't have one, then tell them you are going across the street, etc, so you can call the police and you'll be right back. Then do it. Remember, you are playing chicken with them now. If you blink, you get ripped off. They don't want to get the police involved (the owner really hates that), so they may huff and puff, but they will eventually give you back your car keys.

And the second thing? Don't ever let your guard down when a car dealer asks you to sign something. Read every bit of it carefully, front and back. And if you see anything you don't like, then don't sign it. Ask what it means and when they tell you then tell them "okay, so write it down that way on the sales contract so we both understand it." If they are being honest with you, there's no reason they would not write it down. If they are up to no good, they will give you one excuse or another and won't do it.

Walk away from car dealer fraud

Read everything. Question anything. Don't accept any excuses. Make them write it out in plain English. And take an ink pen and line out or strike out anything on the sales papers that you don't like. They will say you can't do that, of course, but you really can, of course. Remember. What the car dealer wants at the end of the day is your money. Nothing else counts. If it comes down to striking out that binding arbitration clause or losing the sale, the car dealer will do what it has to do or they will lose the sale. Check out ArbitrationSucks.com for more about how car dealers use arbitration to rip people off.

Don't ever be afraid to walk away. There are lots of cars for sale at lots of honest car dealers who don't make you sit and wait for hours and who don't try to "buddy up" to you so you'll trust them and let down your guard while they rip you off. When it comes to buying a car nowadays, your walking shoes are your best friend - so don't be afraid to use them.

The presumptive close assumes that if you do notice the extra stuff they "packed" into your deal, that you will go along with it rather than make them redo the paperwork and risk having to wait even longer. Don't fall for it. And don't waste your money. For 9 negotiating tips for buying a car, check out this Avvo Legal Guide by clicking here.

And when all else fails, because they exhausted you and you trusted them and got ripped off anyway? Call us. Helping consumers get their money back is what we do. Everyday. For over 25 years.

Burdge Law Office

www.OhioLemonLaw.com

Because life is too short to let a car dealer rip you off

The Golden Age of Automobiles Still Exists

Ron@OhioLemonLaw.com (Ron Burdge) — Fri, 01 Mar 2013 06:01:49 PST

1935 Ford Tudor, Photo by Tom Nollan at 2012 GEAA Reunion

There was a time when more than 100 different companies were building cars in the US, many in relatively small cities and towns. The cars they made in the early part of the automobile's history were an eclectic mix of the practical, the sporty, the ordinary and the works of art.

They came in at all price ranges. And those that are still around? Well, they are still coming in at all price ranges.

Each generation seems to favor its own definition of what was the Golden Age of auto manufacturing in America's production history. Many think it's the styling of the 20's or the pragmatic depression-era 1930's. Others fell in love with the body styles of the 50's that ended with the space-age fin look that creeped into the early 1960's too. And the muscle cars of the late 1960's have their own fan clubs too. But then there are the early years. The years before World War II. Maybe it's because of nostalgia or the love of a simpler time and life. Maybe it's because the cars then just looked so darned good and were simpler machines and a thrill to ride because they were not so universally common in American society. The reason doesn't matter. The cars do. And the people who love them. I had forgotten how beautiful the cars were, until my older brother, Larry, reminded me with a link to GEAA.

Largely unknown except for those who love what they do, the Golden Age of Automobiles is still celebrated by devotees nationwide, many of whom are members of a unique group dedicated to this Golden Era, which is probably why they call themselves members of the Golden Era Automobile Association. They celebrate the unique vehicles built between 1915 and 1942.

Rows of GEAA Cars at 2012 Picnic, Photo by Tom Nollan

The GEAA members are not just car people. The vehicles they celebrate include the light trucks and sportscars that ran alongside the average man's car in the first half of the Twentieth Century, a time that many look back on as the best of the automobile manufacturers' years.

Take a look at their 2012 "reunion" picnic photos, courtesy of Tom Nollan, at their website and you'll see many of the unique cars that once were common on America's roadways and many of the GEAA members who look back on the time when 35 mph was an ordinary, routine speed.

These are marvelous cars and people. And they come from a marvelous time in the history of automobile manufacturing.

And there's not a lemon among them.

Burdge Law Office
www.USLemonLawyers.com

Helping people get justice. Everyday.

570,000 Dangerous BMW's Recalled

Ron@OhioLemonLaw.com (Ron Burdge) — Tue, 26 Feb 2013 16:40:39 PST

2009 thru 2011 BMW Z4 recalled for stalling danger

BMW announced a recall of 570,000 vehicles in North America for power failures that can lead to engine stalling, according to federal safety investigators.

We don't normally talk about recalls here and post car and light truck recalls at our Car Recalls Blog.

But this recall alerted us to a dangerous defect in over half a million BMW models from 2007 model year to 2012 model year vehicles, all of them on US highways.

The danger is high - the warning is serious.

Being recalled? About 504,000 models of the 2008 thru 2012 1 Series, 2007 thru 2011 3 Series and 2009 thru 2011 Z4 models. Also another 33,000 BMWs are being recalled outside of the US.

The vehicles can suffer from an electrical loss just because of normal road vibrations. Here's the official description.

BMW is recalling certain model year 2008-2012 1-Series coupes and convertibles manufactured December 2007 through July 2011; and 2007-2011 3-Series coupes and convertibles manufactured March 2007 through July 2011; 2007-2011 3-Series sedans manufactured March 2007 through October 2011; 2007-2011 3-Series sports wagons manufactured March 2007 through June 2011; and 2009-2011 Z4 vehicles manufactured March 2009 through June 2011. The connector for the positive battery cable connector and the corresponding terminal on the fuse box may degrade over time. Over time, the high current flow and heat from electrical resistance may lead to a breakage of the connection, and a loss of electrical power to the vehicle.

If that happens, engine stalling can occur - total loss of power and serious danger of an accident.

If you have a BMW, be careful out there. Call your dealer to find out if your vehicle is subject to the recall and, if so, get it in for repairs asap - and drive very carefully in the meantime.

Burdge Law Office

www.BurdgeLaw.com

Helping consumers get Justice for over 30 years.

Where was James Bond at the 2013 Oscars?

Ron@OhioLemonLaw.com (Ron Burdge) — Sun, 24 Feb 2013 19:40:14 PST

The James Bond You Never Heard Of

The 2013 Oscars were presented tonight, along with a "special tribute" to the James Bond films. And while it was great to hear Goldfinger sung live by the memorable Shirley Bassey, something was missing.

And it was obvious. The Bond actors.

The montage of film clips was nice, of course, but no one who has ever seen a James Bond film can ever forget that it is the actors who played the starring role of Britain's Best Spy who made the series what it was.

And what was missing at the Oscars? The actors. Oh the singing was great, but at the end, all of the living actors to have played the Bond role should have been onstage. We didn't see them. So here they are, under the theory of better late than never.

Daniel Craig, took over the role in 2006 and has played it in the most current film in 2012.

Pierce Brosnan had the role in four films from 1995 to 2002.

Timothy Dalton had two roles between 1987 and 1989.

In 1983 Sean Connery played his last roles in 1983.

1973 to 1985 saw Roger Moore as Bond.

1971 saw the release of Sean Connery in the role again.

1969 George Lazenby, at the time the world's highest paid male model, took on the Bond role but it was a one-film stand.

Sean Connery had the role from 1962 to 1967 in five films.

Everyone has their favorite Bond actor but missing from the Oscars tonight? All of them. It would have been quite something to see them standing there onstage, shoulder to shoulder. And I suspect I'm not the only one who wished it were so.

Bob Simmons, the First James Bond

But the first actor to play James Bond on a movie screen? No, it wasn't Connery. The first actor to play the role of Bond did it in the opening sequence of the first movie, Dr. No in 1962, when he strolled across the screen, ever in the line of sight down a gun barrel only to turn and fire back, followed by blood red dripping down the screen. It was stuntman Bob Simmons, and it looked so good that it was used several more times up until Connery shot the sequence for Goldfinger.

Burdge Law Office

www.BurdgeLaw.com

Helping consumers protect themselves every day.

New Corvette coming in 2014

Ron@OhioLemonLaw.com (Ron Burdge) — Mon, 14 Jan 2013 06:06:44 PST

The Next Generation Corvette, (C) General Motors

The North American Internatioinal Auto Show starts this week and the kickoff seems to be the unveililng of the next generation Corvette, dubbed the Stingray, a name not used since 1976.

GM says the new 'vette will have more of everything - 450 horsepower (more), 450 pounds/feet torque (more), 0 to 60 in under four seconds speed (more), yet its new small block engine claims to get "up to 30 mpg" on the highway.

Add to that the new 8 inch video screen and an upgraded interior along with body style improvements and you end up with a new 'vette that only carried over two parts from the last generation model (and those are so trivial as not to count at all).

And it's a looker alright. The old body lines haven't changed substantially since 1997 but all that was thrown aside. The 2014 Corvette is a total retool from scratch, GM says. Want more gritty details? The GM press release is here.

Of course, with every new design, history teaches us that there are bugs to work out. So as pretty as it looks, you may want to wait for the end of the model year to get your new 'vette, if you can just quell the adrenline until then. After all, there could be nothing worse than a brand new lemon Corvette. We know. We've had it happen to us.

Burdge Law Office

www.BurdgeLaw.com

Helping consumers protect themselves since 1978.

Gift Cards and the Law

Ron@OhioLemonLaw.com (Ron Burdge) — Wed, 26 Dec 2012 13:27:34 PST

The Holiday that millions of people got this year? Gift cards. About 80% of all consumers bought a gift card for Holiday giving. It's are a billion dollar business. And there's a law for that in most states, Ohio included.
There's an Ohio Gift Card law and a Federal Gift Card law to protect you if something goes wrong. Here's some important tips on Gift Cards and the Law.

Q.:       Why are there two laws that cover gift cards?
A.:       The state law was enacted several years before the federal law and each law covers different gift cards in different circumstances, with some overlapping coverage too. Because gift cards may sometimes be used in different states, a federal law was also needed to protect consumers who purchase and receive gift cards.

Q.:       What do the gift card laws do?
A.:       Under Ohio’s law, a gift card must maintain its full value for at least two full years from the date it was issued. The Ohio law also prohibits retailers from charging service or other fees for two years from the date it was issued. The Federal Gift Card Law only covers store issued gift cards and bank issued gift cards, but it requires those cards to have full value for at least 5 years. But when you buy a store gift card at a third party location (called “card malls”) the federal law does not cover the gift card – only the Ohio law.

Q.:       Do these laws apply to all gift cards?
A.:       No. The Ohio law does not apply to cards given as part of a customer loyalty program, cards sold by non-profit organizations, cards given to employees by their employers or gift cards that are usable at any unaffiliated sellers of goods or services, such as Visa or Mastercard, etc., or to prepaid telephone calling cards. The Federal law only applies to store issued and bank issued cards and to gift cards that are freely given away as a promotion.

Q.:       Can I be charged a fee if I don’t use my gift card for a while?
A.:       If your card is covered by the Ohio law only, then you do not have to pay any fees for at least two years. If the gift card is covered by the Federal law, then any fees have to be clearly disclosed on the card itself or with its packaging and no fee can be imposed unless the card has not been used for at least a year.

Q.:       What if an Ohio store breaks the law and does not honor the full value of the card?
A.:       You can go to small claims court to ask for compensation of no more than the original value of the card, plus court costs and attorney fees. In addition, if the judge rules the Ohio Consumer Sales Practices Act has been violated too, then you may even recover up to three times the full amount of the card plus costs and attorney fees.

Burdge Law Office

www.BurdgeLaw.com

Helping Consumers Protect Themselves Since 1978

Car Dealers Hit Bottom in Honesty Poll

Ron@OhioLemonLaw.com (Ron Burdge) — Tue, 18 Dec 2012 08:38:21 PST

Gallup has finished its latest survey poll of the perceived honesty and ethical standards of professions and, surprise, surprise, car salespeople are back at the very bottom of the list again.

The survey was completed last money and rated almost two dozen professions on a five pooint honesty and ethics scale. And at the top? Nurses.

The Honesty Poll

Gallup started this "honesty poll" almost 40 years ago and car salespeople have always been at the bottom.

Last year, though, members of Congress tied with them at the bottom of the list, as being among the most dishonest. This year they managed to climb one notch out of the pit, leaving car dealers behind all by themselves.

Car Dealers at bottom of "Honest and Ethical" Gallup Survey

While lawyers have always taken a beating too, this year they sit on the scale at about one third the way up the list, just behind state governors. But not all lawyers are thought of in a lowly way.

At a recent consumer rights conference, one lawyer stepped into an elevator with a vacationing family and when they saw his nametag ("NACA") they asked what the group was and when he told them it was the National Association of Consumer Advocates, the daughter said "Oh, you're one of the good guys."

NACA members do more good for consumers than any other professional group, advocating the protection of consumer rights before state and federal officials and regulators every day. And appearing in Courts all across the country, standing up for consumers who have been victimized by predatory mortgage lenders and dishonest merchants.

Not all car dealers are dishonest and not all lawyers are either. And NACA members are always on your side.

Burdge Law Office

NACA Members for Over 15 years

www.USLemonLawyers.com

FTC again waters down your used car buyer rights

Ron@OhioLemonLaw.com (Ron Burdge) — Mon, 17 Dec 2012 05:40:09 PST

The FTC Buyers Guide can be misleading

The Federal Trade Commission is at it again. They still won't tell car dealers to speak the truth about the used cars they are selling to the public. But they could - if they wanted to. Here's your chance to make them to do it.

The FTC created the administrative law that requires car dealers to post a Buyers Guide form on the window of every used car that is for sale. The idea was great when it first came up back in the 1970's. They argued about it until the law finally was approved and went into effect in 1985.

Why does it matter to you? Because what is on that sticker becomes part of your sales contract when you buy a used car anywhere in the US.

Now the FTC is considering the first major changes to be made to the Buyers Guide form. As it is now, the car dealer has to disclose if you are buying the vehicle with a warranty or "as is" plus, if you get a warranty, what it will cover, how long it will last, and what (if anything) you have to pay to get warranty work done. That's fair. Every buyer should know if the dealer is going to stand behind the car they are selling, right?

Well, do you think every buyer should also know about the car's defects and malfunctions in the car that the dealer already knows about? Or should the car dealer be allowed to hide that from the buyer?

For example, if the car dealer knows the used car has an engine that is failing and probably won't last another 5,000 miles, shouldn't the car dealer have to disclose that? After all, it could easily cost $8,000 or more to replace the engine in many cars. Well, the FTC argued about that and decided, "no - car dealers don't have to disclose known defects in the cars they sell." Sort of like, take the money and run.

That's just not right.

You can stop the FTC from letting car dealers hide the truth by telling them so and it's easy. You can do it online by filling out the "public comment" form online at https://ftcpublic.commentworks.com/ftc/usedcarrulenprm - Don't let car dealers hide the truth from you.

The proposed law has other problems too and you can read about more of them at the Americans for Financial Reform website.
You can learn more about your used car lemon law rights at http://usedlemoncars.com/

Burdge Law Office

Protecting Consumers

Since 1978

Where the Best New Car and Truck Deals Are Right Now

Ron@OhioLemonLaw.com (Ron Burdge) — Mon, 03 Dec 2012 16:17:18 PST

Economy Getting Good - New Car Sales Up Again

You can tell the national economy is getting better, car dealers across the country are saying, because people are buying more cars than at any time in the last two years plus - in fact for 27 months in a row the sales numbers have done nothing but increase. And sales are headed for an annual number that hadn't been hit in four and a half years.

In fact, the numbers are so good that on average one new car is sold in the US once every 30 seconds. And that is in spite of Hurricane Sandy's wide impact on East Coast sales numbers.

What that means for you is that dealers who have a hot model line in stock are not going to be very negotiable on prices because they know the demand is up.

Honda sales were up 38.9% over the numbers for a year ago, so don't look for any bargain price deals at your local Honda dealer.

Toyota is still doing less on its numbers, though, and so is Ford. GM is just lukeware with a decrease in market share but with a slight rise in sales numbers. You should be able to get a decent discount at those three brand stores.

Chrysler though? Their sales numbers wen tup for the 32nd month in a row with a hefty 14.4% jump in the last month alone - probably no great deals to be had for you at your local Chrysler dealership.

Nissan? Their market share was modest in the first place and dropped by another 5% from the number a year ago. Maybe they are getting desperate for sales?

But VW and Audi - forget it. They had a huge gain in market share - highest in over 30 years. But VW still struggles for decent numbers.

Bottom line? If you are looking for a good new car dealer this Holiday Season, shop carefully. Deals still exist, especially in the light truck market. So don't waste your money.

And if you get a lemon? Just call us on our toll free lemon law line at 1.888.331.6422. We squash those regularly.

Burdge Law Office

www.USLemonLawyers.com

Helping consumers get rid of lemons everyday.

It's what we do.

The Etch a Sketch Window Etch Ripoff Scam

Ron@OhioLemonLaw.com (Ron Burdge) — Mon, 19 Nov 2012 15:33:07 PST

Window Etching - is it really "theft protection" or is it just another car dealer scam?

If you pay hundreds of dollars to a car dealer and you could get the same thing on the internet for less than $20 - which do you think is the better deal? And is it a good deal for you when it costs the dealer less than $10 and they charge you $300? You could be getting ripped off big time.

It's one of the great ripoffs of the decade - the window etch scam that some car dealers call "Etch Theft Guard" - we call it the etch a sketch scam.

Consumer advocates say window etching may be worthless

Car dealers often claim that window etching is theft protection or is like theft insurance because it might give you an extra few thousand dollars or so it if fails to prevent your car from being stolen. The truth is that a few numbers scratched on your car window are not likely to even be seen by a thief, let alone deter a car thief.

Dealers also sell the etch scam with the claim that the etched number enables police to track the car down and find the owner - that's baloney. Every motor vehicle has a unique serial number put on it by the manufacturer.

You can see your car's "vehicle identification number" by looking at the bottom of the windshield in front of the driver or at the tag installed on the driver side door jamb. The same number is planted in numerous secret places on the car - where only the police know where to look to find it. If your car is stolen it is that factory VIN number that the police will use to find out if the vehicle is stolen and track down the actual owner.

Worse yet, in some cases we are now handling against one Dayton Ohio car dealer network, the internal dealer documents show a dealer cost of less than $10 for their $300 retail charge window etching and they are even installing it on cars that have real factory-installed alarm systems and theft deterrent devices. Folks, you don't need windows etched if you have a real alarm system already. So why do some folks end up with it?

Some dealers apparently aren't telling the customer about the window etch theft guard that is being charged to them in their sales paperwork. One buyer said in her court papers that she wasn't even told about the etching or the charge for it that a Beavercreek Ohio area Cadillac dealer added into her deal without her knowing what was going on. Another angry buyer said in his court papers that he also wasn't told about the etching charges that a Miamisburg Ohio area Chevrolet added into his sales papers without him knowing it.

This car dealership chain apparently doesn't stop there either. Their Beavercreek Ohio area Mazda dealership is accused by another customer of slipping the etch theft guard charge into their contract without telling them about it either.

The etch theft guard problem is apparently so rampant that numerous lawsuits have been filed against Miami Valley car dealerships in the last few months. Don't fall victim to the etch a sketch window etching ripoff.

Be careful what a car dealer does to you so you don't waste your money.

Burdge Law Office

www.BurdgeLaw.com

Helping Consumers Protect Themselves

from Car Dealer Scams Every Day.

It's what we do.

Toyota Prius Recall Joins 2.8 Million Recalled Toyota Vehicles

Ron@OhioLemonLaw.com (Ron Burdge) — Wed, 14 Nov 2012 07:16:37 PST

This just in from The Detroit Bureau.com. After announcing its biggest single recall ever just last month, October 2012, Toyota now admits to more problems that will result in the recall of anotehr 2.8 million vehicles, including the Prius hybrid models.

2001 Toyota Prius Recall
2002 Toyota Prius Recall
2003 Toyota Prius Recall
2004 Toyota Prius Recall
2005 Toyota Prius Recall
2006 Toyota Prius Recall
2007 Toyota Prius Recall
2008 Toyota Prius Recall
2009 Toyota Prius Recall

2009 Toyota Prius recalled for steering system defects.

Last month more than 7.43 million Toyota vehicles were recalled. Toyota wanted to be able to announce that it was the world's best selling auto manufacturer but instead it announced the largest recall in the world during the last 16 years.

While Honda is the most recalled manufacturer in the US, Toyota is fast taking over the top spot for quantity of recalled vehicles, regaining the terrible title it held back in 2010.

The newest recall comes from a water pump problem and a steering shaft defect, which can cause steering problems. Reportedly the recall will also extend to the Toyota Corolla.

More to the story can be found here.

Got a lemon Toyota Prius?

Want a new Toyota Prius or your money back?

Get www.USLemonLawyers.com

Get Justice

Is Big Money Buying Your Vote Today?

Ron@OhioLemonLaw.com (Ron Burdge) — Tue, 06 Nov 2012 05:44:23 PST

With so much "new" money being thrown at the election this year, one thing is very clear.

This will be the year when we all learn whether or not the 1% can buy an election with their money. Whether it is true that if you say it often enough and loud enough, people will believe it - whatever "it" may be.

Or, if the people who vote are smart enough, and tenacious enough, to ignore all the negative advertising and just figure out on their own who the best person is for the job of helping them live their lives every day and fulfill their dreams for their families tomorrow.

In one country we know of, by law all the advertising stops two weeks before the election. All the rhetoric dies down. Calmness tries to return. Rational thinking has a chance to take over.

Given the literally hundreds and hundreds of millions of dollars that the "superpacs" have thrown behind the politicians they want us to elect for ourselves, but really just to help them out, shutting off the advertising machine is not that bad an idea. Calm, rational thinking sanity would have a chance to return.

No one can be sure what this election cycle will prove. Not today. Not in the near future either. But one thing is for sure. Only a politician can say that corporations are people. They are not. They are a legalistic imaginary creation. They are not a bad thing. They are not a good thing. They are just a thing.

Legalistic imaginary Things should not be able to buy our vote. We hope they don't buy your vote today.

Burdge Law Office

www.BurdgeLaw.com

Helping ordinary people protect themselves everyday.

PayPal Just Ripped You Off

Ron@OhioLemonLaw.com (Ron Burdge) — Fri, 02 Nov 2012 06:28:30 PDT

PayPal Rips Off Your Rights

If you are like millions of other folks out there, you probably have used PayPal online. The idea is great, but the details just ripped you off today - they stole your legal rights and you probably didn't even know it.

Most business people are honest and hard-working. Some, though, are more interested in getting the money than being honest about it. Honest business people don't steal from their customers and aren't afraid of explaining themselves in Court because they know they didn't do anything wrong. It's the crooks you have to watch out for. They steal your money and look for ways to steal your legal rights too. And even honest businesses can be tempted.

PayPal is clever. You can use it to pay for online shopping at "millions of online stores" without sharing your "financial information" which must mean credit card numbers, passwords, etc, we suppose. You can transfer money to friends too, using PayPal. And they promise to keep your financial info "private and protected." But you pay for that privacy in ways you probably don't realize.

Beginning Nov. 1, 2012 you pay to use PayPal by giving up your legal rights against them. That's right. They make money off you and you can no longer take them to court over anything they might do to you in the process, including an "accidental" stealing of your money with false or erroneous charges or overbilling to your credit card.

Can that kind of problem happen to you? Who knows. But one thing is for sure. You will be at their mercy on trying to fix any problem you may have with them from now on.

But maybe not. If you send PayPal a letter by snailmail (that's right, the old post office way) BEFORE December 1 that says you want to "opt out of the company's agreement to arbitrate and its prohibition on class actions" then you still will have the right to go to court if something bad goes wrong and its PayPal's fault. You can read the whole story here (click here) where Washington Post Consumer Reporter Caroline Mayer has explained what they (and also EBAY) are doing to you.

You see, PayPal and eBay have sent out one of those "updates" to their user agreements, much like the ones you get to your credit cards every once in awhile. These are usually meaningless changes that don't amount to much. And most people don't even bother to read them. And the big business companies count on exactly that - the fact that most folks don't read them.

This time though, they changed the rules of the game. They stuck in a binding arbitration clause that says no matter what they do to you, you can't take them to Court. Gee, if there never had a problem, because they were not doing anything wrong, then why are they suddenly afraid of having to go to Court and explain that they aren't doing anything wrong?

So, you think it's that they pay too much out to their lawyers to fight "frivolous" lawsuits? Ask yourself this: when was the last time you heard of a lawsuit against PayPal? Yeah, right. We're lawyers, and we have never heard of one at all.

What is so bad about binding arbitration, you say? Plenty. It is a private system (no public courtrooms) that is paid for in large part by the businesses that use it (so who do you think they listen to?) that is paid to decide what those businesses should do for you if they did something wrong to you (does the fox guarding the henhouse sound familiar yet?).

PayPal and eBay have joined an ever-growing trend by big business to take away consumer's legal rights in this sneaky fashion. For over 200 years our legal system has protected regular everyday people from being abused by big companies by holding them accountable in a courtroom. Just knowing that a public courtroom is out there can curb the sometimes abusive "get their money first" philosphy that some business people live by.

And what is wrong with stopping class action lawsuits? Plenty there too. When big business rips off fifty cents from a customer, you think it's no big deal? There was a baby food company a few years back that was selling apple juice in baby jars that was just colored sugar water. The closest it got to apples was if you were sitting with your baby under an apple tree when you gave it to them. Fifty cents here and fifty cents there and pretty soon you're talking millions of dollars - and that's what it was. No one would have sued over fifty cents (and you think the baby food company never thought of that?), but a class action brought by one angry mother got their money back.

And then there was the insurance company out in California that actually had a policy of denying every insurance claim that was below a "minor" dollar amount, including completely valid claims, because they had calculated that no one would sue them over it. And no one did until one policy holder found out why his claim was denied and fought them over the principle of it.

Courtrooms and class actions have a role in our society and in our legal system. They protect the little guy from the big guys. Without that protection, greed can run amok when money is more important than morality. And, let's face it, with some people it is.

Most business people are honest and hard-working. Some, though, are more interested in getting the money than being honest about it. Honest business people don't steal from their customers and aren't afraid of explaining themselves in Court because they know they didn't do anything wrong. It's the crooks you have to watch out for. They steal your money and look for ways to steal your legal rights too. And even honest businesses can be tempted.

If you want to learn about about why Arbitration Sucks, take a look at www.ArbitrationSucks.com.

If you want to opt out of PayPal's new "you can't sue us" rules, Caroline suggests (and we agree) you must send the downloadable form created by The Consumerist website to them, postmarked no later than Dec. 1, to: Litigation Dept., 2211 North First St., San Jose, CA 95131 - and be sure to actually sign the letter too or they won't count it. Of course they might say they never received it so be sure that you keep a copy of it for your file. And if you really are concerned, you might want to send the letter by certified mail return receipt requested - so you can prove it later if you have to.

Caroline Mayer's article gives some other good tips on how to protect yourself from losing your rights and you should read those at her online article on the Great PayPal Legal Rights Rip Off by clicking here.

Be careful out there. Protect yourself. Don't let them steal your money. And don't let them steal your rights either.

Burdge Law Office

www.BurdgeLaw.com

Helping Consumers Protect Themselves for Over 30 Years

Harley Recalls Bikes for Parts Falling Off Danger

Ron@OhioLemonLaw.com (Ron Burdge) — Fri, 26 Oct 2012 05:43:41 PDT

The first blog we ever wrote about was the problem with Harley. Well, some things never change.

Harley Davidson has announced a recall of 2012 and 2013 VRSCDX motorcycles. It seems that the license plate bracket can fall off. That can end up hitting the rear tire. That can spin it around. That can make it damage the rear brake line. That can leave the rider with a dangerous brake failure. You can just see it happening.

Worse yet, even though they know it's a problem, harley won't even start to tell consumers about it for at least another week. If you own a Harley, be careful out there. Here's the recall.

Vehicle Make / Model:		Model Year(s):
H-D VRSCDX		2012-2013
Manufacturer: HARLEY-DAVIDSON MOTOR COMPANY		Report Receipt Date: OCT 18, 2012
NHTSA CAMPAIGN ID Number: 12V503000		NHTSA Action Number: N/A

Component: EQUIPMENT
Potential Number of Units Affected: 2,798

2012 Harley Davidson VRSCDX Recalled

Summary:
Harley-Davidson Motor Company (Harley-Davidson) is recalling all model year 2012 and certain model year 2013 VRSCDX motorcycles manufactured from June 14, 2011, through August 1, 2012. The license plate bracket assembly's mounting screws may loosen and the assembly may separate from the rear fender. This condition may lead to contact with the rear tire which could cause the license plate bracket to rotate, possibly damaging the rear brake line.

Consequence:
If the license plate bracket contact with the rear brake line remains undetected, it may affect rear brake performance, increasing the risk of a crash, which could lead to injury or death of the rider.

Own a lemon Harley Davidson VRSCDX motorcycle?

Want a new Harley Davidson bike?

Get www.MotorcycleLemonLaw.com

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Sudden Ford Fiesta Recall for Airbag Problems

Ron@OhioLemonLaw.com (Ron Burdge) — Tue, 16 Oct 2012 08:05:10 PDT

Airbag Problems Force Recall of Ford Fiesta

Ford Motor Co. says it will recall 154,000 of its Fiesta subcompacts due to a problem with the vehicle’s airbag system, according to The Detroit Bureau.com.

2011 and other Ford Fiesta vehicles recalled for airbags

Apparently the side impact airbags will not deploy in a crash if the front passenger seat is empty even though it should.

The Fiesta recall covers the Mexican-made model line built between Nov. 3, 2009 and Sept. 21, 2012 - which shows you how long the defect has existed and how long it took for Ford to realize it.

Burdge Law Office

www.OhioLemonLaw.com

Helping consumers protect themselves, everyday.

Honda CRV Fire Danger Recall in Ohio

Ron@OhioLemonLaw.com (Ron Burdge) — Tue, 09 Oct 2012 13:43:43 PDT

Honda is recalling almost 270,000 CRV passenger cars that may burn up even while parked in your garage. This Honda recall is very serious. Turns out there is a power window switch that can fail or melt and if it does then it could ignite and start a fire. The danger is so severe that Honda is saying don't drive your Honda CR-V until the defect is fixed.

Vehicle Make / Model:		Model Year(s):
HONDA CR-V		2002-2006
Manufacturer: Honda (American Honda Motor Co.)		Report Receipt Date: OCT 05, 2012
NHTSA CAMPAIGN ID Number: 12V486000		NHTSA Action Number: EA11004

Component: ELECTRICAL SYSTEM

Potential Number of Units Affected: 268,655

2006 Honda CR-V Recalled for self igniting fire danger

Summary:
Honda is recalling certain model year 2002-2006 CR-V passenger vehicles, manufactured from February 19, 2002, through July 28, 2006. The driver-side power window switch may fail or melt.

Consequence:
If the switch fails, it could overheat, smoke, and cause a fire. A switch failure, and a fire, could occur even if the vehicle is not in use. As a precaution, owners are advised to park outside until the recall repair has been performed.

Own a lemon Honda CRV?

Want a new Honda CR-V or your money back?

Get www.OhioLemonLaw.com
Get Justice

Who Sold the Most Cars in September?

Ron@OhioLemonLaw.com (Ron Burdge) — Tue, 02 Oct 2012 14:42:11 PDT

It matters because it tells consumers what is happening in the market place. Knowing that can help you get your best deal in your local dealer's showroom.

Dealers who didn't sell much will have more inventory than they want and the dealing should favor consumers. Dealers whose brands outsold all the others are likely to be less concerned about making sales right now because they know they have a "hot" product with lots of buyers out there, so the deals may not be so good for you when you shop at Toyota for instance - they had the highest percentage increase in business, way over anyone else last month.

First of all, more light vehicles (cars and light trucks) were sold in September 2012 than at any time since the Spring of 2008 - a dramatic turn around from then to now and widely considered to be clear evidence that the economy is actually much better than at any point in the last four years.

One surprise is Ford, whose market share is down to 14.4%, which is the lowest for the company since August 2009. That may signal better deals at your Ford dealer because they have to pull the business out of the doldrums.

Ford was outsold by Toyota, which showed a 41.5% increase over last year's numbers.

Honda sales are up 31% over last year's numbers, so don't expect any great retail deals there.

Hyundai sales increased too, up 15.3%.

BMW? Up by a mere 3.5% for the month and on the road for a 7% annual increase over last year's numbers, While Mercedes is headed for a 15% annual increase in sales. VW says it sales are up 34.4% while Audi said sales rose 26.5% for the month.

Nissan dropped 1.1%, so buyers may find some anxious salespeople at their local Nissan store.

Meanwhile, GM says it had low September sales but hasn't released its numbers yet and Chrysler says it had a 11.7% increase, which was the best for them than at any time in the last five years.

If you are in the market for a new car or truck, shop carefully. Price comparison is more important now than every. And don't sign anything that you aren't very sure of.

The 5 Finger Close can cost you thousands

And watch out for the 5 Finger Close that can cost you thousands of dollars out of your pocket. That's a tricky technique of sales fraud used by some car dealers to get you to sign sales papers without you realizing that the numbers on the papers have been increased above without you knowing it.

For instance, the dealership Finance Manager holds the stack of sales papers still with one hand planted in the middle of the top document while pointing to the signature line with the other hand and asking you to just "sign here and here and here," etc., using their hand to cover up an area of the sales document where the numbers appear (that they don't want you to see).

It can appear to you that the Finance Manager is being helpful in holding the page still but in reality the technique is used to deceive the customer into believing that the numbers, such as the price, etc, are the same as what was talked about earlier when, in reality, they are not. It is sometimes also called a five finger spread or five finger push.

You can learn more car dealer slang terms by reading our Car Deaelrship Dictionary of Terms - just click here.

Be careful out there - and if you get ripped off or end up with a lemon, just remember. Fixing that for consumers is what we do.

Burdge Law Office

www.BurdgeLaw.com

Helping people protect themselves, everyday.