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CONSUMER LAW
involves helping you recover your money when youve been cheated or ripped
off by a worthless product or service. Here are a few examples:
AUTOMOBILES:
The Lemon Laws protect a person who has purchased a new car that turns out to
be a lemon. While there are more complex definitions and
exceptions, in general, your new car is a lemon if it has less than 18,000
miles on it (in its first 18 months) you take it to a dealer for a serious
repair (involving danger to life and limb) and they fail to fix it in one
attempt; or if you take it to the dealer for the SAME repair and they fail to
fix it in three attempts; or it spends more than 30 days cumulative in the shop
in its first year, or for eight separate problems that impair value.
BEWARE!
Dealers are well aware of the definitions. They will attempt to write up
repairs to the same parts of the car and same problems differently
so as to avoid triggering the three times rule. YOU must take the initiative
and insist on an accurate write-up of the problems with your car to help
protect your rights.
Successful lemon law suits allow you to rescind the
transaction (and get your reasonable attorney fees for knowing violations) or
get your actual damages, treble damages, and your reasonable attorney fees.
For USED CARS,
if you are ripped off, possible remedies include suits for fraudulent
misrepresentation, breach of contract, statutory violations of the Consumer
Sales Practices Act, and other legal theories.
CREDIT
PROBLEMS either with your car financing or with mistaken reports
involve remedies under the Fair Credit Reporting act, the Fair Debt Collection
Practices Act, the Retail Installment Sales Act, and other theories. These laws
also provide for you to recover various fines, multiples of your damages, and
reasonable attorney fees upon a successful suit.
There are also laws designed to protect you from bogus
Business Opportunities and Ponzi schemes. If you feel as if you
have been cheated, and wish to explore your possible remedies, call your local
bar association for a referral. If you are in Northern Kentucky or Greater
Cincinnati, feel free to call us at (513) 701-5529.
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