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DannLaw Spring 2024 Update

Credit Card Fraud

March 26, 2024 By Marc Dann

DannLaw founder Marc Dann
Attorney Marc Dann

Spring is celebrated as a time for renewal. Here at DannLaw, we’re marking the beginning of the season by renewing our commitment to seeking and securing justice for consumers who have been ripped off by credit card companies, banks and retailers, homeowners abused by mortgage lenders and servicers, and victims of identity theft and other cybercrimes resulting from data breaches.

That commitment, along with our knowledge of the law, experience, expertise, and ability to develop and utilize highly effective, innovative legal strategies have made DannLaw a consumer protection powerhouse people trust to safeguard their families, their homes, and their family’s future.

Building upon that and assisting more clients than ever before are our primary goals for 2024. Here’s a look on how we plan to achieve them…

DannLaw’s Forced Arbitration Practice Group battles for consumers trapped in an unfair system

Fueled by a series of Supreme Court decisions handed down over the past 40 years, forced arbitration clauses have been adopted by tens of thousands of companies that provide a seemingly limitless array of goods and services.

This has not exactly been a positive development for consumers. Shennan Kavanagh, the director of litigation at the National Consumer Law Center (NCLC) explains why:

“Forced arbitration robs consumers of their basic Seventh Amendment right to access the courts. These fine print traps allow predatory lenders, fraudsters, unscrupulous banks, and other repeat offenders to escape accountability by depriving consumers of choice and forcing disputes into closed-door, biased proceedings where consumers rarely win.”

By the way, “rarely” is an understatement. According to NCLC attorney Lauren Saunders, consumers who take on companies alone lose 96% of the time.

To make matters worse, a recent study released by NCLC revealed that the vast majority of Americans have no idea what a forced arbitration clause is or does or that they unwittingly agreed to clauses buried in the fine print of contracts they clicked “yes” to online or physically signed.

That lack of knowledge can have an extremely high price tag, a fact that doesn’t hit consumers until they become embroiled in a dispute with a company and discover they have no path to justice or reasonable opportunity to recover what they are owed.

The inequities in the system cry out for reform. That is why DannLaw has joined the NCLC and other consumer advocates in calling on Congress and the Consumer Financial Protection Bureau (CFPB) to end the forced arbitration reign of terror. To date, both have refused to act.

In reaction to their inexcusable inaction, DannLaw has formed a Forced Arbitration Practice Group led by attorneys Alisa Adams and Kurt Jones who have extensive experience pursuing and winning forced arbitration claims. Alissa, Kurt, and the Group’s talented paralegals are ready, willing, and more than able to take on banks, financial services firms, and any company that is using forced arbitration to prey upon, rip off, or exploit their customers.

If you or someone you know is a victim of forced arbitration, click here to arrange a free consultation with our Forced Arbitration team.

We are also available to co-counsel with attorneys who now represent clients with forced arbitration claims. To learn more about collaborating with us or to refer a client to us, please click here.

The companies and industries that have been inducted into the DannLaw Forced Arbitration Hall of Shame are among the worst abusers of the process, but they are not alone. As we noted above, thousands of other providers of goods and services use it to exploit consumers. We are prepared to battle them all.

 

 

Consumer Class Action Cases

In addition to helping our clients win forced arbitration cases, DannLaw regularly files suit on behalf of individual and groups of consumers whose claims are not subject to the unfair process.

We are currently litigating a number of class action suits in courts across the nation, and we will continue to seek justice and just compensation via the courts when that is the appropriate course of action. Here is a brief overview of some of the most interesting and consequential cases we are currently pursuing:

Financial Services Wells Fargo

Wells FargoIt should come as no surprise to anyone that we have once again filed class action suits against Wells Fargo. Despite having paid more than $27 billion in fines since 2000, Wells remains a serious serial abuser of its customers and other consumers. \The cases against Wells involve:

Mortgage Discrimination. We allege that during the time interest rates were low, Wells denied loans to applicants who were members of minority groups at a much higher rate than other lenders.

Adding services to customer accounts without authorization. We have filed a series of class action suits alleging that Wells made millions of dollars by adding services including credit protection, supplemental hospital insurance, life and disability Insurance and others to consumers’ accounts without authorization or permission. If you recently received a letter from Wells apologizing for this conduct, we would like to hear from you. Please click here to arrange a free consultation that will enable us to determine if you are entitled to financial compensation from the company.

Financial Services: Bank of America

We recently filed suit in North Carolina alleging that Bank of America opened unauthorized consumer accounts. If BOA opened an account in your name without your consent or permission, please click here to share your story with us. Like people who have been victimized by Wells, you may be eligible for financial compensation.

Retailers: Dollar General

Despite being exposed in media reports like this one featuring DannLaw founder Marc Dann, Dollar General continues to charge higher prices at the register than are posted on shelves.  We are now pursuing cases in New York, New Jersey and Oklahoma, but believe the company is engaging in the practice in other states. If this has happened to you at Dollar General or another store click here to tell us your story

Retailers: Walmart

We are investigating reports that Walmart is treating customers who use two forms of payment unfairly when they are due a refund. If this has happened to you, please let us know.

Data Breaches

Data breaches that enable cyberthieves to steal and misuse victims’ sensitive and confidential information is a growing problem in the U.S. That is why we are expanding our Data Privacy and Security Practice Group and working with the legal community to develop strategies that will ensure we can pursue and secure justice and just compensation for those put at risk when corporations, government agencies, and other entities fail to protect the personal data in their possession. As part of that effort, I am pleased to report that I was recently invited to serve on the prestigious Sedona Conference Data and Privacy Liability Working Group which is working to address challenging questions related to legal liability and damages.

You should be aware that health care companies and insurers have become a prime target for hackers and cyber criminals, a fact underscored by the class action suits we recently filed against Merch Health and Optimum Health.

If you have been or are ever notified that your personal data including but not limited to your driver’s license, social security, credit card and other account numbers, confidential health or medical records, or other identifying information has been hacked, stolen, or compromised, please contact our  data privacy team. immediately so we can begin protecting you, your family, and your future. Do not delay, every moment your data is exposed increases the chances it will be misused.

 Automobile and Motorcycle dealerships:

We regularly file class action suits against car, truck, and motorcycle dealers that add unauthorized products or services to vehicles, misrepresent the amount of the sale, and/or add hidden and opaque charges like “Documentary Fees” to sales agreements.

We have secured multiple multi-million-dollar awards for classes of auto purchasers and we will continue to actively and aggressively pursue claims on behalf of consumers who have been cheated or abused. If you are troubled or suspicious about something related to your vehcile purchase contact us today to arrange a no-cost, no-obligation consultation.

Foreclosure Defense and Mortgage Servicing Litigation Update

 DannLaw began by representing borrowers and homeowners who were in or about to be in foreclosure. Today, after helping thousands of people save their homes and their financial futures, stopping foreclosures and negotiating loan modifications continue to be a primary focus of our practice—and needed as much as ever.

That is because Ohio and New Jersey lead the nation in foreclosures, due in part to a surge in attempts by debt buyers to collect “zombie mortgages”— debts that homeowners thought were forgiven or satisfied long ago but still exist.

The key to our ability to save a home is timing: the earlier we get involved, the more we can do to battle mortgage lenders and servicers who engage in unethical or illegal activities like dual tracking—promising to modify a loan while moving ahead with a foreclosure action.

If you are in or are facing the threat of foreclosure DannLaw will utilize the tested, highly effective legal strategy that has helped thousands of families just like yours.

First, our experienced foreclosure defense team will aggressively defend and foreclosure action that has been filed,

Second, we will identify, document, and pursue claims you may have against your mortgage servicer for dual tracking, misapplying payments, failing to pay taxes or insurances, and other abuses, and,

Third, the members of our talented mortgage modification team will use their expertise to work out an agreement with your mortgage company that will enable you to stay in your home.

Remember, time is of the essence. Every minute you wait brings you one step closer to losing your home, do don’t delay, click here to contact DannLaw’s Foreclosure Defense team today.

Thanks for taking the time to read our Spring 2024 update and, as always, DannLaw is here to help you.

Marc

Filed Under: Attorneys, CFPB, Class Action Lawsuit, consumer arbitration, Consumer Fraud, Data Breach, Foreclosure, Founding Partner, Identity Theft, Mortgage Fraud, Property seizure, SCOTUS Tagged With: Class Action Lawsuit, Consumer Fraud, Credit Card Fraud, data breach, deceptive practices, Loan Modification, Marc Dann, Wells Fargo

July 17, 2023 By Leo Jennings III

The following is an abridged version of a story by Hayley Fowler that was published by Law 360…

Law360 (July 14, 2023, 4:11 PM EDT) — Bank of America NA has been hit with a proposed class action alleging it opened credit cards without customers’ knowledge to meet sales goals, just days after the bank agreed to a nine-figure settlement with federal regulators over alleged transgressions involving its credit card rewards and overdraft policies.
DannLaw founder Marc DannDAnnLaw filed the suit in North Carolina federal court on behalf of Ohio resident Nadine Ballard and a proposed class of consumers who said they unknowingly had credit card accounts opened in their names between 2012 and 2022, which allegedly resulted in penalties for unpaid fees and impacted their credit scores. In the suit DannLaw and Ms. Ballard said the accounts were opened by employees desperate to reach “unrealistic sales quotas” as part of a money-grabbing scheme by the Charlotte-based bank.
“BoA allowed this fraud to fester for over a decade, profiting off of the harm it directly caused to the consumers who trusted BoA,” the lawsuit states. The complaint in the case, maybe viewed and downloaded here: Bank of America credit card scam complaint.
Ballard’s complaint comes on the heels of a collective $150 million in fines levied against Bank of America on Tuesday by the Consumer Financial Protection Bureau and the Office of the Comptroller of the Currency.
About $30 million of those penalties was attributed to the bank’s alleged failure to provide credit card sign-up reward bonuses as advertised and opening unauthorized credit card accounts to meet sales targets, which have since been eliminated.
Bank of America did not admit any wrongdoing in agreeing to pay the fines, and the CFPB said only a “small percentage” of the bank’s new credit card accounts opened between 2012 and 2020 were found to be unauthorized.
Still, Ballard said Thursday that the bank’s alleged “fee generating scheme” has impacted “many thousands of members.”
“Until the CFPB took decisive action against BoA, BoA had every incentive to continue this illegal conduct because it is a fee-generating machine that produced extraordinary profits for the bank at the expense of its consumers,” she said.
According to the complaint, Ballard discovered in March that the bank had previously opened an allegedly unauthorized account in her name. Since then, Ballard said she has “spent substantial time to correct her credit report as well as to lodge complaints with the appropriate government agencies, including the CFPB.”
Ballard blamed Bank of America’s “intense sales pressure” for the allegedly unauthorized accounts, which she said often required employees to pull consumer reports to determine a customer’s eligibility.
Bank of America allegedly knew about the scheme and took steps to hide it, she said, saying the bank was fully “aware its quotas are unrealistic for employees during normal working hours.”
Oftentimes customers only found out about the accounts when Bank of America asked them to update their account information, new debit or credit cards arrived in the mail, or missing deposits showed up in the allegedly unauthorized account, Ballard said.
As a result, customers were allegedly forced to pay monthly service fees, suffered damages to their credit reports and had to pay for identity theft protection, the lawsuit states.
“As a result of opening new accounts, BoA was able to inflate the key metrics regarding new account holder information in its [U.S. Securities and Exchange Commission] filings, and — equally troubling — was able to accrue associated fees from those accounts opened without consumer consent,” DannLaw claims in the suit.
Thursday’s complaint asserts claims for unjust enrichment and violations of the Electronic Funds Transfer Act, the Truth in Lending Act, the Fair Credit Reporting Act and North Carolina’s Unfair and Deceptive Trade Practices Act.
Ballard is seeking class certification, treble damages, restitution, attorney fees and pre- and post-judgment interest.
“The brazen way that Bank of America encouraged and allowed fraud to be committed against perhaps millions of its customers is one of the greatest travesties in the history of American business,” Marc Dann told Law 360. “…we look forward to holding the bank and its officers and board members accountable.”
In addition to DannLaw, Ms. Ballard and the proposed class are represented by Scott C. Harris of Milberg Coleman Bryson Phillips Grossman PLLC, Israel David and Blake Hunter Yagman of Israel David LLC, James M. Evangelista of Evangelista Worley LLC, Jennifer Czeisler of JKC Law LLC, and Marc E. Dann and Brian D. Flick of Dann Law Firm.
All current filings in the lawsuit are available here: https://www.pacermonitor.com/public/case/49576297/Ballard_v_Bank_of_America,_NA_et_al

Filed Under: CFPB, Class Action Lawsuit, Consumer Fraud Tagged With: Bank of America, Consumer Fraud, Credit Card Fraud, deceptive practices

December 15, 2020 By Marc Dann

Brian Flick - Managing Partner Dann LawBrian Flick Superlawyer badgeOne of America’s most prestigious attorney rating services has just confirmed what his colleagues at DannLaw and the thousands of clients he has represented have long known: Brian Flick is a “SuperLawyer” in the field of consumer law. Super Lawyers selects attorneys using a patented multi-phase process that combines peer nominations and evaluations with independent research. Each candidate is evaluated on 12 indicators of professional achievement. Those who score highest then undergo a “blue ribbon” peer review by practice area. Only the highest-rated attorneys make the Super Lawyer list for each state and the designation is reserved for attorneys who excel in their field, contribute to their community, and abide by the highest professional and ethical standards.  We are extremely proud that Brian is listed among them.

You can learn more about the SuperLawyer selection process here.

Brian was previously named to the “SuperLawyers Rising Star” list of outstanding attorneys practicing in the fields of consumer and consumer bankruptcy law.

If you are having difficulty making your mortgage payment, are in or are about to be in foreclosure, are being harassed by debt collectors, or believe you have been cheated or abused by a bank, mortgage servicer, lender, or debt collector, contact DannLaw’s very own SuperLawyer, Brian Flick to arrange a free consultation today. You can reach Brian by calling 513-951-7124 or by using our contact form.

Superlawyer selection process

Filed Under: Bankruptcy, Consumer Fraud, Foreclosure, In the News, Managing Partner, RESPA Tagged With: Bankruptcy, Consumer Fraud, Credit Card Fraud, Fair Debt Collections Practices Act, Housing Market Crisis, Loan Modification

December 3, 2018 By Marc Dann

Lodging company data breach exposes hundreds of millions to identity theft, consumer fraud

DannLaw, one of the nation’s leading consumer protection law firms, is urging victims of the massive Starwood data breach to immediately take steps to both protect their personal information and preserve their right to seek financial compensation from the Marriott Corporation, Starwood’s parent company.

Last week Marriott announced that sensitive information belonging to 500,000,000 million people who used the company’s Starwood reservations system has been accessed by cybercriminals. According to the company the hackers copied names, addresses, dates of birth, passport numbers, email addresses, phone numbers, and encrypted credit card information from the Starwood reservation system. The company admits that the perpetrators may be able to overcome the encryption and use the credit card numbers.

“Starwood had a legal, ethical, and moral obligation to protect the information they obtained from consumers,” Atty. Marc Dann said. “The company utterly failed to meet those obligations and now as many as 500 million people are at risk of having their identities stolen and their credit damaged or ruined by cyber criminals. They must be held accountable for their actions.”

Atty. Dann noted that Marriott, like other companies that allowed customers’ personal data to be compromised, waited months to reveal that the reservation system had been hacked. “Even worse, cybersecurity experts agree that the company missed multiple opportunities to detect and/or prevent the breach since it occurred in 2014,” the former Ohio Attorney General said.

Those experts include Andrei Barysevich, a researcher with the security company Recorded Future Inc., who told the Wall Street Journal that a small breach the company suffered in 2015 should have set off alarms. “With all the resources they have, they should have been able to isolate hackers back in 2015,” he said. Instead, hackers mined the company’s reservation system for nearly four years.

“As a result, what could and should have been a minor problem has become one of the largest security failures in history,” Atty. Dann said. “Whether willful or careless, it appears that Marriott violated a number of consumer protection laws, and that means victims may be entitled to substantial compensation.”

Anyone who used the Starwood system to reserve a room at one of the following properties in the past four years may be at risk:

  • Sheraton Hotels & Resorts
  • Four Points by Sheraton
  • Westin Hotels & Resorts,
  • W Hotels
  • Regis, Element Hotels
  • Aloft Hotels,
  • The Luxury Collection,
  • Tribute Portfolio,
  • Le Méridien Hotels & Resorts, and
  • Design Hotels.
  • Starwood-branded timeshare properties

“Anyone who believes their personal or credit card information has been stolen should visit https://answers.kroll.com/, the website Marriott set up to deal with the problem and take advantage of the opportunity to enroll in WebWatcher for free,” Atty. Dann said. “But please, do not agree to any waiver or release the company offers via email, regular mail, or via phone. The last thing a victim of the company’s carelessness should do is surrender their right to hold Marriott accountable at a later date.”

Atty. Dann also urged anyone whose data may have been compromised to arrange a free consultation with the firm’s highly experienced legal team by calling 877-475-8100 or by completing the form that may be accessed at  https://docs.google.com/…/1FAIpQLSfWi22blTFnoe5fLD…/viewform “We will be happy to walk people through the steps they need to take to preserve their rights under the law.”

Finally, Atty. Dann suggested that potential victims take the following steps to protect themselves and their families:

  • Marriott is notifying impacted consumers by email. The email will come from [email protected]. When other companies provided notifications in this manner, cybercriminals sent fake emails asking individuals to provide information about themselves by providing links to fake websites or impersonating someone trusted. The email being sent by Starwood will not contain any attachments or request any information from consumers and links will only take recipients to the breach web site.
  • Check credit reports from Equifax, Experian, and TransUnion and look for any unauthorized entries or accounts.
  • Place a free credit freeze on your files. A credit freeze makes it harder for someone to open a new account in your name.
  • If you decide against a credit freeze, consider placing a fraud alert on your files. A fraud alert warns creditors that you may be an identity theft victim and that they should verify that anyone seeking credit in your name really is you;
  • Change your login information on your Starwood accounts. If you used that same username and password on other sites, change those as well;
  • Consider placing alerts on your financial accounts so your financial institution alerts you when money above a pre-designated amount is withdrawn;
  • Beware of potential phishing emails; don’t open email messages or attachments from unknown senders and do not click on any unknown links. Fraudsters will frequently send coercive and misleading emails threatening account suspension or worse if sensitive information is not provided;
  • Remember, businesses will never ask customers to verify account information via email or phone. If in doubt, contact the business in question directly for verification and to report phishing emails and phone calls; and
  • Be on the lookout for spoofed email address. Spoofed email addresses are those that make minor changes in the domain name, such as changing the letter O to the number zero, or lowercase letter I to the number one. Scrutinize all incoming email addresses to ensure that the sender is truly legitimate.

Filed Under: Consumer Fraud, Data Breach, Identity Theft, In the News Tagged With: Consumer Fraud, Credit Card Fraud, data breach, hacking, identity theft, Marriott, U.S. Economy

December 7, 2017 By Marc Dann

Wells Fargo

Look up the word “scam” in the dictionary these days and you just might find the Wells Fargo logo. The giant lender, already accused of cheating homeowners in bankruptcy and creating fraudulent credit card and bank accounts for millions of unsuspecting customers, has now been caught charging people who took out car loans for insurance they didn’t need.

According to media reports more than 800,000 people were charged for insurance they did not need. Charges for the insurance, which were often deducted directly from customers’ bank accounts, forced 274,000 borrowers into delinquency and resulted in almost 25,000 wrongful vehicle repossessions. Members of the military on active duty were among the victims of WF’s latest scam.

Wells Fargo will soon begin sending out letters to customers who have been caught up in the auto insurance scam. Along with the letter, borrowers will be offered a settlement of approximately $140. Those whose cars were possessed illegally will be offered $800. Both amounts are laughably low and fall far short of compensating victims for the harm done to their credit rating, the premiums they paid for insurance they neither wanted nor needed, the embarrassment caused by vehicle repossession, and the bank’s utter negligence and unethical behavior.

If you or someone you know receives a letter and a check from Wells Fargo do not cash it or sign the settlement agreement that may be attached to it. Instead, you should immediately call 216-373-0539 oremail the experienced attorneys at the Dann Law firm to schedule a no-cost consultation. We’ll review your loan documents and if we learn you’ve been cheated we’ll begin fighting for the money you need and deserve.

If you do not receive a letter and a check but have taken out a Wells Fargo car loan in the past ten years you should contact us. That’s because the company obviously can’t be trusted to do the right thing and may not reach out to every customer who has been scammed. Our free review is the sure way to establish if you’re entitled to monetary compensation.

And here’s an important note: we’ll also conduct a free review of your Wells Fargo mortgage that will enable us to determine if the bank is cheating you. If that’s the case you may be entitled to a substantial cash award.

The New York Times recently published a comprehensive report about the car insurance scam. You may read it here. In the meantime, please contact us at once at 216-373-0539 or via email to arrange a free consultation if you obtained a car loan through Wells Fargo in the past ten years. We’re ready to fight for justice and the compensation you deserve.

Filed Under: Consumer Fraud Tagged With: Auto Loan, Bankruptcy, Consumer Fraud, Credit Card Fraud, Mortgage, Wells Fargo

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