Fiat Chrysler in Hot Water for Failing to Report Claims to NHTSA

2015 has been a tough year for auto makers. In July, Fiat Chrysler paid $105 million and agreed to three years of close monitoring to settle charges by the National Highway Traffic Safety Administration (NHTSA) that the company had not met recall requirements. Now, that close scrutiny has revealed the company significantly under reported defect claims to the agency, a mistake that could cost them even more in fines and recalls.

Volkswagen Faces International Consumer Protection Scandal

Over the past couple weeks, all eyes have turned to Volkswagen. The U.S. Environmental Protection Agency directed the company to recall a half million vehicles for having deceptive emissions systems. The act sparked an international crisis and caused CEO Martin Winterkorn to resign. And that is only the beginning.

GM Settles Ignition Switches Investigation for $900M

On September 17, 2015, GM announced it had settled the case of its faulty ignition switches with the federal government for $900 million. But whether the penalty satisfies the families of the 124 deaths caused by the defect remains to be seen.

Citizens Bank to Pay Back Millions in Customers' Money

Three government agencies recently settled claims against Citizens Bank (formerly Charter One Bank in Michigan). The financial institution had resolved five years of deposit discrepancies in the company's favor - pocketing customers' money in violation of federal law.

Why You Shouldn't Give Your Cell Phone Number to Your Creditors

 

Mr. Hill was fed up. He had received nearly 500 calls from his creditor on his cell phone, some of them automated. He thought the Telephone Consumer Protection Act would protect him against these abusive collections practices. But he didn't realize, by giving his cell phone number to his creditor, he opened himself up to more than he bargained for.

The Telephone Consumer Protection Act is designed to respond to consumer complaints of creditors using technology for abusive collections practices. The law prohibits collections companies from calling a debtor's cellphone "(other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice."

But Mr. Hill had provided "prior express consent." He had told his original lender to use his cell phone, rather than an outdated home phone number. Then he gave the number to the collections company, knowing that they would use it to contact him about his debt. What he didn't realize was that by providing that number to his creditor he was also opening himself up to the use of automatic dialing and automated messages by the credit company and any later collections company that was put in charge of recovering payment on the loan.

That's why you should never give your cell phone number to a creditor or debt collection company. You may think you are just making it easier for them to reach you, but you are also stripping away important consumer protections against abusive electronic telephone collections practices.

Collections companies can be aggressive enough without debtors giving them the green light. If you are being harassed by creditors who have crossed the line, contact Dani Liblang and the consumer protection team at The Liblang Law Firm PC today for a free consultation.

Happy Birthday to the Consumer Financial Protection Bureau

Four years ago, the Consumer Financial Protection Bureau opened its doors and began the hard work of standing up for consumers against discriminatory lending practices, predatory lending, and other abusive behaviors. As the agency celebrates its birthday, Director Richard Cordray recognizes, it has a lot more work to do.

Britax Recalls Child Safety Seats for Harness Defect

Britax, a top child safety seat company headquartered in South Carolina, recently announced a recall on its ClickTight Convertible safety seat after a report found problems with the harness. The defect could affect over 200,000 products, rendering them completely useless to protect infants and children.

What Driverless Cars Could Mean for Lemon Law Cases

Researchers at the University of Michigan's new M-City are beginning to test driverless cars in a city setting. Cityscapes, it turns out, are one of the most difficult parts of programming an autonomous vehicle. Errors in this programming could lead to a rash of lemon law injury cases where drivers, passengers, and pedestrians suffer from the poor decisions of an autonomous vehicle.

Deadline Approaching for Western Sky Predatory Lending Claims

If you are one of the 17,500 Michigan consumers paying too much for their Western Sky and CashCall loans time is running out to file your claim and get your money back. Claims have to be filed by September 18, 2015. Find out if you qualify today.

On May 14, 2015, Michigan's Attorney General's office announced a $2.2 million settlement with South Dakota-based Western Sky Financial and California company CashCall Inc. The claim: that the companies charged illegally high interest and fees for their quick-fix loans.

Internet-based Western Sky charged between 89 and 169 percent interest – well above Michigan's legal limits. The interest and fees on a $1,000 loan could leave borrowers paying more than $4,000 within two years. Other short-term, 6-month loans had an APR of 350%.

Attorney General Bill Schuette and his Corporate Oversight Division weren't going to let the Internet lenders take advantage of Michigan residents.

  “We will not tolerate any businesses attempting to skirt the rules at the expense of Michigan consumers trying to make ends meet,” said Schuette. “This settlement is a victory for the thousands of Michigan consumers who took out Western Sky loans and serves as a warning to only do business with licensed entities. I am grateful for the joint efforts and hard work by the Department of Insurance and Financial Services and my staff that secured this settlement providing significant relief for Michigan consumers.”

After the Department of Insurance and Financial Services (DIFS) issued a cease and desist regulatory action against Western Sky and CashCall – demanding they stop selling unlicensed, high-interest loans in Michigan – the two companies agreed to negotiate. All Western Sky loans were capped at 7% annual interest, even if they had originally been set higher. This happens automatically without the borrower needing to do anything.

But Michigan residents with active Western Sky accounts who overpaid on high-interest loans in the past still need to act. To get a “pro rata refund” - your share of the excessive fees charged by Western Sky and CashCall – you have to make a claim with the Claim Fund Administrator, Dahl Administration, LLC.

Eligible Western Sky borrowers should have received a notice explaining the claims process by July 20, 2015. All claims must be filed by September 18, 2015. That means there's only about a month left to get your part of the $2.2 million settlement fund.

The consumer protection team at The Liblang Law Firm, P.C. can help you prepare and file your claim with the Dahl Administration, LLC and make sure you are compensated for the predatory lending practices of Western Sky and CashCall. Don't wait. If you have received a notice or believe you are entitled to compensation, contact The Liblang Law Firm, P.C. today to get the process started with a free consultation.

Ford Announces Ignition Recall

Last month, Ford Motor Company issued a recall for 433,000 vehicles. Hoping to avoid the same problems that plagued General Motors and Takata, the auto-maker issued its recall before anyone had reported accidents or injuries.

FCC Tightens Protection Against Robocalls

The U.S. Federal Communications Commission is tightening restrictions that prevent telemarketers from using robocalls and automatic dialers to reach consumers. This could open the door for class action lawsuits against auto-dialing companies.

Cell Phone Providers to Pay for Cramming Schemes

Have you ever gotten horoscope readings, sports scores, or medical alerts texted to you? Did you pay for them? If so, you could see a credit on your cell phone bill. These "cramming" schemes recently resulted in two nationwide settlements that could put money back in your pocket.

Safety Administration Calls Out Fiat Chrysler

The National Highway Traffic Safety Administration has called Fiat Chrysler to appear at a public hearing tomorrow, July 2, 2015, to address safety concerns. The administration says the Michigan auto maker didn't issue recalls fast enough to address key safety issues.

The NHTSA is in charge of monitoring automotive manufacturers selling cars in the United States to make sure they build their cars safely and respond to reports of defects appropriately. But according to the NHTSA, Fiat Chrysler hasn't done either. According to a public notice released ahead of tomorrow's hearing:

"NHTSA has tentatively concluded that Fiat Chrysler has not remedied vehicles in a reasonable time and has not adequately remedied vehicles."

At the public hearing, Fiat Chrysler will have to answer how it met its duty to send vehicle owners notice of safety issues and recalls. At issue are 22 safety campaigns, including 20 different recalls applying to 11 million vehicles. The recalls cover everything from ignition switches to fuel tanks, air bags to axles. Some of the safety issues could affect the way Fiat Chrysler vehicles steer, brake, and handle.

This isn't the first time that the NHTSA has called Fiat Chrysler out for safety issues. After the administration sent the automaker 12 pages of questions earlier this year, Fiat Chrysler provided over 5 million pages of safety documents. The manufacturer asserts that this documentation eliminated the need for any hearing. According to Fiat Chrysler spokesperson Eric Mayne:

"The initiatives described in our response to NHTSA's Special Order reflect a deep commitment to thorough investigation and the timely remedy of safety defects. . . . While this commitment has helped FCA US LLC achieve positive results, we will not be satisfied until we firmly re-establish the trust our customers place in us."

But the mountain of documents does not explain why Fiat Chrysler failed to notify owners of safety concerns within the 60 day window provided by the NHTSA. In one case, notices in an air bag recall were over five months late. In at least 2 recalls, notices have yet to go out at all.

If the NHTSA isn't satisfied with Fiat Chrysler's responses at the Washington hearing scheduled for 10:00 a.m. tomorrow, the administration could require the automaker to pay over $700 million in fines and to replace or buy back defective vehicles.

By failing to provide prompt recall notices to its auto owners, Fiat Chrysler put millions of drivers at risk. Accidents caused by these defective vehicles could cost motorists thousands of dollars, and even their lives.

Attorney Dani K. Libliang of The Liblang Law Firm, P.C., is an auto accident attorney with a passion for protecting the victims of automotive defects. If you or someone you know has been in a serious auto accident, contact The Liblang Law Firm, P.C., today for a free consultation.

FTC Says Michigan Dealership Laws Hurt Consumers

Even though the Big 3 were born in Detroit, Michigan residents can't buy cars directly from car companies. Instead they have to go through dealerships. But the FTC says that Michigan's dealership protection laws are anti-competitive and could hurt consumers.

Dani K. Liblang Added to National Trial Lawyers' Top 100

There are few honors higher than being invited to join the National Trial Lawyers' Top 100. Attorneys on that list represent the best in the nation – you simply can't hire anyone better. Now consumer protection attorney Dani K. Liblang is joining the ranks of this prestigious organization.

The National Trial Lawyers is a professional organization made up of the best trial lawyers from across the country – representing everyday people in plaintiff's civil litigation and criminal defense. According to Executive Director Michelle Swanner,

“It is the mission of The National Trial Lawyers association to promote excellence in the legal profession through practical educational programs, networking opportunities, and legal publications that deal with current issues facing The Trial Lawyer.”

And the Top 100 are the best of the best. Selection is based on nomination by fellow lawyers and third-party research. An invitation to join is extended only to the most qualified attorneys from each state based on their qualifications of “leadership, reputation, influence, stature and public profile.” According to the National Trial Lawyers: Top 100 website,

Each of our distinguished Top 100 members possesses the knowledge, skill, experience and success held by only the finest and best lawyers in America. By combining resources, power, and influence, The National Trial Lawyers: Top 100 is devoted to preserving and protecting justice for all.

That is why it is such an honor that the National Trial Lawyers have invited Attorney Dani K. Liblang to join their Top 100 for Michigan. Liblang has always had a passion for fighting for the average Joe consumer. For over 30 years, she has focused on lemon law, auto accident claims, and in fighting creditors in consumer protection lawsuits. Cases she has won for her clients have literally changed the industry – giving consumers the legal ground to fight large corporations who put defective products up for sale.

Her hard work on behalf of her clients has earned her a great reputation across Michigan, and the nation. Dani K. Liblang is one of Michigan's only consumer protection lawyers to receive the highest AV rating from Martindale-Hubbell, and to be certified in trial advocacy by the National Board of Trial Advocacy. She has been the chair of the State Bar of Michigan's Consumer Law Section on two separate occasions, and in 2002, Liblang was awarded the “Consumer Hero Award” by the National Association of Consumer Advocates.

Even with all these awards, Dani K. Liblang is still deeply touched by the invitation to join the National Trial Lawyers' Top 100:

As of 2014, Michigan has 34,739, licensed attorneys, so to be invited as one of the top 100 Michigan trial lawyers, feels like quite an honor. It also feels great to be invited to a join a group of lawyers dedicated to preserving justice and who are not afraid to call themselves “trial lawyers.” Every day, trial lawyers are on the front lines, standing up for ordinary citizens who have been injured or abused, discriminated against, or who have suffered economic injustice. I’m very humbled and proud to be part of this prestigious organization. 

She and her staff have worked hard to deserve this honor, and continue to bring their best to every one of their clients. If you want one of the National Trial Lawyers' Top 100 attorneys in Michigan in your corner, contact The Liblang Law Firm, PC, for a free consultation today.

Senators Propose New Consumer Privacy Protection Act

Did you get a new debit card or credit card recently? Maybe you got a notice that your online account had been compromised. A newly proposed Consumer Privacy Protection Act could make those kinds of protections universal.

GM To Pay For 100 Deaths From Faulty Ignition Switch

Imagine driving down the freeway, bumping your steering column, and having your car shut down. That's what GM drivers have been facing for years. But now, GM is going to have to pay for it.

Unfair Collections Practices: 5 Things to Watch For

If you have had a debt turned over to a collections agency, you probably have been subjected to unfair collections practices. But if you don't know what to watch for, how will you know?

Watch Out for Robodialer Collection Calls

If you are behind on your payments, you usually know it. Even if you don't, the collection companies aren't likely to let you forget. But when collection calls use a robodialer or recorded messages, you might have a claim against them later on.