Consumer Fraud Cases

California Consumer Fraud Attorneys

In today's fast-paced economy, consumer fraud is an increasingly common injury inflicted on millions of unsuspecting victims nationwide. In its most benign form, consumer fraud can be innocuous, but at the other extreme, it can result in serious financial losses and even bankruptcy for victims. If a corporation or business engages in fraudulent and unscrupulous conduct in order to steal money from individuals, the consumer fraud attorneys at the Law Offices of Kevin T. Barnes can hold them accountable. Contact us for a free evaluation of your case.

When companies and individuals you trust, such as banks, accounting firms, credit card companies, and insurance companies enter into business with you, they have an obligation to treat you fairly and to operate within the law. When you work with individuals who provide advice and guidance on your financial affairs, such as investment counselors, stockbrokers, insurance agents, and accountants, they have a fiduciary responsibility to act in your best interest. When they act in their own best interests instead of yours or when they act negligently with your affairs, and you lose money, you have recourse under consumer protection laws.

For individuals who believe they have been defrauded, scammed, overcharged, or otherwise cheated, consulting with an experienced consumer fraud lawyer is the best place to start.

It is against California law to put time limits on gift certificates (with a few exceptions, including gift certificates for food, from nonprofit fundraisers, and from awards programs).

The California legislature passed Section 1749.5 of the California Civil Code stating that "On or after January 1, 1997, it is unlawful for any person or entity to sell a gift certificate to a purchaser containing an expiration date. Any gift certificate sold after that date shall be redeemable in cash for its cash value, or subject to replacement with a new gift certificate at no cost to the purchaser or holder."

There are other laws on the books such as the Gift Certificates Expiration Act, the Consumer Legal Remedies Act, the California False Advertising Law, and the California Unfair Business Practices Act. These address the issues of fraud, constructive trust, unjust enrichment, and a breach of the covenant of good faith and fair dealing.

In view of all of these laws, when a gift certificate is for a specified dollar amount, a significant delay in redemption can result in a somewhat dissatisfied customer because she's now likely to get a shorter or lower-ticket service for her certificate. It's reasonable to question why a business owner should be required to endure the potential of losing money simply because the holder of the gift certificate doesn't redeem it within a reasonable period. On the other hand, gift certificates with expiration dates very close to the date of issue can be unfair to clients, especially to those with extremely busy schedules.

If you find yourself holding a gift certificate with an expiration date, have overpaid sales tax on an item or items you have purchased, are paying hidden corporate fees on your cell phone, or paying questionable fees on car dealership bills, contact the attorneys today atthe Law Offices of Kevin T. Barnes for a free consultation and effective representation.