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West Virginia Consumer Protection and Employment Law Blog

When detective work fails to turn up bad auto history

The West Virginia lemon law, a type of consumer protection specific to the auto industry, exists to hold manufacturers responsible for the warranties they issue. The concept is that, with these protections in place, the cars you buy are more likely to be free of major defects. However, from our work with this area of the law at the Grubb Law Group, we know that our clients are more likely to be concerned with getting back on the road than they are with high ideals of consumer rights. 

Although we always attempt to quickly and efficiently resolve lemon law cases, we would prefer that our clients never had to go through the process at all. One major step that many people overlook during the buying process is the history check. US News has an explanation of what these history reports include, as well as a discussion of potential red flags.

What are the different recall categories?

Every time you buy food from your local grocery store or pick up a prescription medication from your pharmacist in Charleston, you do so assuming that the products you are purchasing are completely safe for use and consumption. When defective or dangerous products are identified, you likely sleep soundly knowing that regulatory agencies are out there to recall said products. Yet when news is released regarding product recalls, it often designates a recall classification. What do those classifications mean, and should they serve as an indication as to the urgency of the recall? 

Recall classification categories have been developed by the U.S Food and Drug Administration. They are broken down as follows: 

  • Class I: Any dangerous of defective product who use could predictably result in serious injury, illness or even death
  • Class II: Any products that present a slight risk of resulting in a serious health issue, our whose use could likely create a temporary health problem
  • Class III: Any products that violate FDA manufacturing or labeling laws, yet whose use is unlikely to produce adverse health affects

Frequently Asked Questions About Breastfeeding at Work

If you’re a new mother within the work force in West Virginia, you may be concerned about breastfeeding on the job. New mothers will need to express milk several times throughout the day and doing so within a workplace can be tough to navigate. Fortunately, there are laws in place to protect women with these very concerns, as explained by the United States Department of Labor.

Am I Allowed Break Time for Breastfeeding?

Do In-App Purchases Target Kids?

It seems that everyone has a smartphone these days, including kids. Even if your child is too young for a phone of their own chances are you make yours available to play games and watch videos. This practice can become expensive however if your child ends up purchasing in-game items, which is a lot easier than you would think. In fact, in 2016 a federal court ruled that one tech retailer was culpable for the purchases made by kids using their parents’ credit card information.

According to The Washington Post, the heart of the issue was the way games were labeled within the Amazon app store. Many were touted as free, which could be misleading to parents letting their kids play these games unattended. While the games were in fact free, they also featured in-app purchases for special items, and these items could be bought with the click of a button when a parent’s credit card or bank information was linked to the account. Additionally, consumers are not fully aware of the possibility of purchases being made when linking an Amazon account the a smartphone or other device.

Victims of voyeur join together in class action lawsuit

Most in Charleston might assume civil lawsuits to be limited to disputes between two parties. There are, however, many times when multiple people, organizations or entities might be involved in a single action. When a single plaintiff initiates action against multiple defendants, those defendants are typically grouped together in a single lawsuit. However, in cases where a large number of people have a common claim against a single entity, the court may consider a class action. This may save time, many and resources from being expended on multiple cases that all have the same objective, and it ensures that all of those involved are equally represented. 

Many might assume that only companies and corporations are the targets of class action lawsuits. Yet individuals can be, as well. One need only look at an ongoing case in Alabama for an example of this. A local man is currently serving a 140-year prison sentenced for charges stemming from having placed video cameras in the changing areas and restrooms of local businesses. Now, at least 100 victims of his voyeurism have joined together in a class action lawsuit against him. Also named as a defendant in the lawsuit is the janitorial services company the man worked for and through whom he had been granted access to the facilities where he committed his crimes. 

Standing up against age discrimination

On our website, we have gone over some of the different types of discrimination that continue to affect employees and applicants in workplaces across the country. For some prospective workers and employees in West Virginia, age discrimination has been especially problematic and has resulted in a host of challenges (depression, financial difficulties, career problems, etc.). If age discrimination has created problems for you personally, it is crucial to stand up against this illegal activity. If you are unsure whether or not you were discriminated against on the basis of your age, you may want to investigate the situation further.

Some people have been turned down for a job solely because of their age, whether they were in their late 30s, 40s or older. In doing so, employers and hiring managers may be hurting themselves by turning down a fully-qualified applicant who would have been able to help take the company to new heights. However, this bias against older applicants can be very disheartening from the perspective of someone looking for work. Age discrimination also affects those who already have a job. For example, someone may find out that their position has been terminated for seemingly no reason. Unfortunately, they may discover that their termination was likely based on their age as other workers who are older are let go as well.

How can I prevent being scammed over the phone?

There always seems to be someone out there who is trying to get money in an illegal way. Phone scammers fit into that group, and they are becoming very prevalent. Some are quite clever, making it difficult to actually know you are being scammed. Nobody in West Virginia should be taken advantage of by these phone scammers, so here's a look at some things you can do avoid falling for their tricks.

According to the Federal Trade Commission, your first step should be to join the Do Not Call list. While this will not stop scammers from calling you, it does offer some protection and may stop some of them from calling. Plus, you will know any unsolicited call is most likely a scammer.

What are my online privacy rights as an employee?

Every employee is guaranteed certain rights by law but it can be hard to figure out what you’re entitled to.

You are entitled to physical privacy, regarding parts of your office space such as desk drawers, and privacy in certain conversations. But what about your online privacy?

What are Cy Pres awards?

If you are involved in a class action in Charleston, then you will quickly find that one of the main advantages to this litigation method is the support you have from fellow class members. However, that advantage can easily turn to the point of contention when it comes to distributing the settlement that comes from such an action. All too often, class members fall victim to the proverbial "Goldilocks Syndrome," claiming their portion of the award is too small while pointing out that those of others are too big. Given your stake in your class action, you will want to know the exact details of the settlement distribution. 

It is important to remember that class action settlements are divided out according to a "plan of distribution." That plan is developed by the judge who heard your case. As you review the plan of distribution, you may see funds allocated out as "Cy Pres Awards," and immediately question what these are. A Cy Pres award is a portion of a class action settlement that is given to a charitable organization. Only unclaimed settlement funds are used for these awards. The designation "cy pres" comes from the French term "cy pres comme possible," which when translated means "as close as possible." The justification for using funds from a class action settlement is to allocate them "as close as possible" to the intention of the litigation. 

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The Grubb Law Group

The Grubb Law Group
1114 Kanawha Boulevard East
Charleston, WV 25301

Toll Free: 866-851-9292
Phone: 304-982-7755
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