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Suits & Settlements

Keep posted on the lastest class action suits involving companies and settlements they've reached. Meanwhile, if you're headed to small claims court to take on a company, remember these tips:

  • Small claims court works best when two parties have an honest disagreement. It doesn't work as well if your adversary deliberately set out to cheat you.
  • Before you file a case, send a letter by certified mail to the other party. Write this letter in a friendly tone, because a judge eventually may read it.
  • You sue in the county in which your adversary lives, or if it's a business, the county in which it is located. You'll pay a filing fee - generally less than $100 - that you may recover if the judge rules in your favor.
  • If the judge finds in your favor, be prepared for the hard part - collecting on your judgment. A judgment means you have a license to search for money. You can garnish the person's checking account or paycheck, put a lien on the person's house, and seize cars or other assets.
  • If someone is unemployed or self-employed, or skips town, you may find your judgment is worthless.

    Excerpts From Clark's Shows: Suits & Settlements

    Jan 28, 2009 -- Dell reaches settlement over alleged customer-no-service

    Did you receive customer-no-service from Dell in the past? The computer giant has agreed to a $1.5 million settlement to provide restitution to consumers in up to 46 states.

    Dell was taken to task over its no-interest financing, warranties, rebates and promises of next day service for business customers. The company has admitted no wrongdoing whatsoever in the settlement. Consumers who believe they may be eligible for restitution should contact their state's attorney general directly. The deadline to file claims is April 13, 2009.

    Clark believes that Dell has now cleaned up its act. The proof? He's no longer overwhelmed with complaints about the company like he was for years leading up to this settlement.

    But changing the public's perception of a company once it falters is difficult. Recall the difficulties Sprint had in cleaning up its name after earning poor marks for customer service.

    How exactly do you rebuild a reputation? Clark suggests focusing on giving value to your customers -- not necessarily the best price. In addition, employers should "romance" their employees with good treatment so they'll want to go the extra mile for customers. Lastly, employees must be given the authority to actually solve problems for the customer.


    Sep 02, 2008 -- Cell phone companies rip you off with 3rd party billing

    RIP-OFF ALERT: Cell phone companies have been engaging in a practice that's been ripping you off! It's happening most often to those who have an add-a-phone service (where you add a friend or family member to your plan.) The industry is making huge money doing 3rd-party billing for "services" that other companies claim they've provided you -- services such as ring tones, joke-of-the-day texts, etc. The cell phone company gets such a large commission for doing this kind of billing, that they've been purposely deceptive about the practice. The Cyberfraud Task Force of the State of Florida went after AT&T for billing their customers for services that they'd advertised as being free. The settlement was over $10 million, for Floridians alone.

    Clark knows that cell phone bills are impossible to understand. Clark's last cell phone bill was 56 pages long! But Clark goes through it page-by-page each month. About once every four months he'll find something that's not legit. (Most recently, he found a $2.95 charge for a ring tone that the provider's website claimed was free - but they lied.)

    The cell phone companies have no incentive to clean up their act, since it's such a cash cow for them. And according to Smart Money magazine, they go out of their way to make these charges hard to find on your bill. Therefore, Clark says he needs YOU to be the cop for your own phone bill. Look for deceptive terms such as "Premium Content", or "Direct Bill Charge" (sometimes referred to as "DBC" on your bill.)

    Sep 01, 2008 -- U-Haul sued over allegedly unsafe truck

    The summer is a big time for people moving. Many opt to rent a truck instead of hiring professionals to do the job. There's one company that Clark suggests you avoid if you intend to rent a truck. U-Haul has long had problems with putting allegedly unsafe vehicles on the road. Clark recently saw a Bloomberg report about a man who won an $84 million judgment when his U-Haul ran him over! The jury assessed $21 million in damages and $63 million in punitive damages. U-Haul, of course, feels the damages are excessive and plans to appeal.

    Clark thinks this was a case of a jury being furious about company that seems doesn't seem to learn from past mistakes. Go to Google and type in "U-Haul problems" to see for yourself. U-Haul vehicles tend to be old and not properly maintained. The reality is that the company needs to look in the mirror and make some changes, not point fingers at a jury verdict as unfair. Clark invites any U-Haul representative to come on the air and tell him why his view is flawed.

    Aug 22, 2008 -- To litigate or settle out of court?

    Callers often ask Clark if they should settle out of court or wait for a trial judgment in the case of a dispute. Though he isn't a lawyer, Clark believes it's often better to try to make a deal out of court.

    Now the Journal of Empirical Legal Studies confirms that belief. About two-thirds of time, you'll get less money going to court than you would by taking a settlement offer.

    Going to court involves too many variables. If you're ruled against, you might even be required to pay your legal fees plus the other side's legal fees. So be careful not to let emotions get the best of you.

    And what if you're the defendant who's being sued? Should you take it all the way to court? Well, only 15% of the time does that make sense, according to JELS. Rarely does it make sense to go to war -- even as a defendant.

    For his part, Clark believes states that require mandatory alternative dispute resolution before trial are on the right track.

    Feb 25, 2008 -- Getting your money back in small claims court

    Clark gets a lot of questions about small claims court. What happens if you actually win? Most people who get a judgment against another party never see a penny for it. The Orlando Sentinel reports that a Maryland law firm called The Judgment Group is now doing post-judgment collections for those who go through small claims court. They'll take on your claim for free and split any money they recover down the middle with you. That sure beats not getting the first nickel! Once again, this is currently only for Maryland residents. The Judgment Group tells Team Clark that they're looking at taking their business model to other states in about 6 months.

    Many small claims judgments are default judgments because the defendants are usually contemptuous and don't show up. In most states, you can do something called post-judgment questions. That's when the defendant is required to disclose his or her assets, which you then have a right to seize and sell. But since many defendants don't even bother showing up to court, they don't have the chance to answer the post-judgment questions. In many states, you can actually have them locked up for failing to answer post-judgment questions. That's one sure way to get their attention.

    Aug 13, 2007 -- A new class-action lawsuit filed in the annuities field

    Clark has often talked about how free meal seminars offered by annuity salespeople are to be avoided at all costs -- unless you want to get indigestion in your wallet for the rest of your life. An annuity is basically an insurance contract. The money you put in is not taxed until you spend it. Salespeople love to sell them because they get giant commissions. In fact, the commission is so large that it's hard for even a decent person to avoid the temptation of selling this garbage. Now The Wall Street Journal reports that a class action lawsuit has been filed against Allianz. This German-based company has been selling equity index annuities to older people via seminars, infomercials and free-dinner events.

    Equity index annuities promise a portion of the gain of the stock market, while assuring holders against losses. They offer the allure of getting money without risk. But Clark thinks they're a piece of trash because all insurance companies cheat you on the gain -- only giving you a tiny portion of the actual gain in return for their guarantee of safety against market loss. Worse still, you usually have to stay in for 15 or more years to get the benefit. So salespeople target senior citizens, who may not live long enough to qualify for the guarantee. And if you are lucky enough to get wise to how bad equity index annuities can be, you may lose between 10 and 15 percent in penalty fees for surrender if you try to get out. Regulators across the country are calling this an instance of fraud. As Clark says, the "just say no" rule applies here to these free meal seminars.

    Jul 18, 2007 -- How to live happily in a litigious culture

    If you've been paying attention to the news lately, you're probably familiar with the name Roy L. Pearson. He's the judge who sued a Washington, D.C., dry cleaner for $54 million when a pair of pants from his $1,000 suit went missing. Pearson lost his case in late June, but his outrageous request for $54 million created media frenzy fed by fear about lawsuit-happy people abusing our legal system. The whole episode really reminded Clark about a $2 million lawsuit McDonald's faced when a woman sued them for being burned by hot coffee. Once again, the plaintiff lost in that case, but people still live in fear of being sued at the drop of a hat. Many folks have asked Clark if he's ever been sued himself. The reality is that Clark once did have a legal tussle with a politician he referred to as a crook on air. The suit was thrown out in summary judgment, but Clark incurred $31,000 in legal defense fees. Meanwhile, that politician is now in prison for his wrongdoing. But that was only one suit that Clark faced in 20 years as a high-profile consumer advocate. So while you shouldn't do dumb things in your daily life to attract lawsuits, you also shouldn't worry excessively about being sued. The fear of lawsuits is often greater than the reality of them. And as Clark says, "Truth is the greatest defense."

    Mar 14, 2006 -- Are class action lawsuits worth joining?

    How should you respond when you get a letter in the mail, telling you about a class action lawsuit you are eligible for and all the money you could receive? Well, Joni got one of these mailings recently and she brought in the legal paperwork for Clark to read. It turns out that she would have received about 15 cents once it was all over. That hardly sounds worth it. But there are times when there could be some real money for you if you've been wronged. Either way, take the time to read the information yourself. It may payoff.

    Nov 11, 2004 -- Payless car rental must reimburse customers

    About a year ago, Clark talked to a woman who had rented a car in California and accidentally taken a wrong turn into another state before she quickly turned around. Unbeknownst to her, the car was restricted to a certain geographical area and it had an internal GPS system that was tracking her. She went just two miles across the state line, but she was hit with several thousand dollars in penalty fees. Many car rental companies do this as a way to prevent theft of the cars. But Payless car rental turned the unit into a spying device and decided to charge people massive fines if they crossed state lines. Customers were very upset about this and filed suit. Now, California has reached a settlement with Payless for charging people. Payless must now reimburse those people, including the woman who called Clark. Most people were charged $1 per mile, and all of that will be refunded. The issue of spying on people in cars still exists, though. Technology allows eyes and ears to be everywhere these days. Progressive Insurance, for example, has a voluntary program that allows a GPS system to monitor peoples’ driving if they agree to it. Then, the company sets a driver’s insurance rates based on how well they drive and behave in a car. So, if you’re a good driver, that’s a great thing. Clark thinks that as long as we have the potential to benefit from technological advancements, it’s a great thing. The sneaky nature of technology is where the line gets crossed. That is why some companies are getting their hands slapped.

    May 27, 2004 -- PayPal settles New York lawsuit

    PayPal has become a very popular way to pay for goods, but the company has also been a huge source of frustration for customers. It’s a brilliant idea, but if anything goes wrong or a customer needs more help with a transaction PayPal ignores the situation, callers say. The company recently reached a settlement in New York over claims that the company was misleading customers. The company made a statement on its site that if your merchandise did not arrive you were entitled to a refund. But that did not happen in many cases, and now the company has entered into a consent agreement to refund customers’ money. Although the company did not admit any wrongdoing, the agreement clearly states that PayPal does not provide the same level of fraud protection that credit cards provide. So, if you use PayPal, keep that in mind. It’s buyer beware. American Express and Discover have stepped up to the plate in the wake of this incident and both are now granting chargeback rights for people who use their cards in a PayPal transaction. It speaks to the arrogance of eBay, which owns PayPal, for failing to establish consumer safeguards. The companies simply not doing the job they should. Several other states and the Federal Trade Commission are also investigating PayPal. We’ll keep you posted on what happens with that.
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