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Having problems with your new lemon vehicle? We can help

Having problems with your new lemon vehicle? We can help

If your brand new vehicle has a major problem that is not getting fixed it may be considered a lemon. In Ohio, vehicles that are under a year old or new vehicles with an odometer that reads less than 18,000 miles are considered a lemon if they have an unrepairable issue...

CitiMortgage and CitiFinancial Servicing Refunding Homeowners $21.4 Million

CitiMortgage and CitiFinancial Servicing have been fined $28.8 million by the Consumer Financial Protection Bureau for failing to help homeowners avoid foreclosure by using bad loss mitigation practices...

Credit Report Agencies Forced to Refund Consumers $17.7 Million

TransUnion and Equifax are refunding $17.7 million to consumers and paying $5.5 million in fines for giving consumers misleading and deceptive credit scores.

Do you know your rights with Vehicle Recalls?

Do you know your rights with Vehicle Recalls?

Inspecting for motor vehicle safety defects and recalls help get unsafe vehicles off the road and repaired. The lawyers at Doucet & Associates Co., L.P.A. can help vehicle owners who are not informed about a vehicle recall and suffer an injury from a mechanical flaw.

The National Highway Traffic Safety Administration (NHTSA) inspects vehicles with suspected unsafe mechanics. The NHTSA identifies the duties for manufacturers involved in a recall and the rights of vehicle owners. Motor vehicle safety is a key factor in reducing auto accidents and saving lives.

Manufacturers can voluntarily recall vehicles before the NHTSA investigates a reported problem. Manufacturers are required to notify all registered owners and buyers about a safety defect and recall by first class mail. The recall must include risks associated with the safety defect and owners right to a repair, replace, or refund.

Manufacturers get to choose whether a repair, replacement, or refund is appropriate for the recall. Repairs are done for free and at no charge for the vehicle owner. If replacing, the owner should receive the same vehicle or a similar vehicle. If entitled to a refund the owner is eligible to the purchase price minus a reasonable wear and tear charge.

Vehicle owners do not have the right to a free repair or refund from the manufacturer if the vehicle is over ten years old at the time of the recall. The age is determined from the date the owner purchased the vehicle. Vehicle owners should still have the recalled safety defect inspected and fixed if their vehicle is too old for a repair and refund.

Tire recalls must be repaired or replaced by tire manufacturers within 60 days owners receive a recall notification.  The manufacturers are only required to repair and replace tires that are under five years old. Consumers have to report to a tire dealer to receive services for a tire recall.

Vehicle owners can report a vehicle safety complaint online by clicking here or by calling the NHTSA at 1-888-327-4236. To read more about vehicle owner rights with recalls under the NHTSA click here.

If a manufacturer failed to notify you about a recall or refused to repair the safety defect for free contact Doucet & Associates Co., L.P.A. for legal assistance today at (614)944-5219.

 

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Get Your Refund for the Samsung Galaxy Note7 at 3pm Today

Get Your Refund for the Samsung Galaxy Note7 at 3pm Today

Samsung issued a voluntary recall on original and replacement Galaxy Note7 phones sold by wireless carriers and retailers in the United States. The phones have a history of overheating and have been labeled with serious fire and burn hazards by the Consumer Product Safety Commission (CPSC).

Due to the safety risk, Samsung is asking everyone to turn off the Galaxy Note7 phones. Consumers can contact the carrier or retailer where they purchased the phone to learn about refund options. Samsung has modified the U.S. Note7 Refund and Exchange Program so consumers can exchange the Galaxy Note7 for another Samsung smartphone or a monetary refund.

A consumer choosing to exchange the Galaxy Note7 for a different smartphone can also replace specific Galaxy Note7 accessories. Consumers will receive a refund if the exchange is cheaper than the original price paid for the Galaxy Note7.

Some consumers may also qualify for extra bill credit depending on the situation. Galaxy Note7 owners can read more about the refund credit policies here. Consumers who purchased the smartphone on the Samsung website can contact the company at 1-844-365-6197. Samsung is sending consumers safety boxes to return the Galaxy Note7 phones by mail.

 

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Vehicle Protection

Vehicle Protection

The Ohio Lemon Laws protect consumers purchasing new automobiles and dealing with auto repairs. A new vehicle with one or more serious issues is considered a “lemon”. Consumers purchasing used vehicles are protecteded under other consumer litigation laws.

In Ohio new vehicles are protected under the lemon laws for the first 12 months a consumer owns the vehicle or the first 18,000 miles the vehicle is driven. Whichever comes first ends the consumer’s protection period according to the lemon laws, although a consumer may sue years later as long as the issue was raised within this period. During this time the consumer has to ask a manufacturer to fix a problem before turning the issue into a legal matter. If the problem is considered a manufacturer error and cannot be fixed by the manufacturer within a reasonable time period, then the consumer might have the possibility to receive a refund or replacement. The manufacturer must provide a warranty that protects the lemon laws when the consumer is purchasing a new vehicle.

There are several situations that can determine whether a manufacturer has had a reasonable opportunity to fix a vehicle under the lemon laws. Manufacturers may be allowed at least three or more attempts to repair one problem and at least one attempt to repair a life-threatening problem. A vehicle that has been in a repair shop being fixed by a manufacturer for 30 days or had eight different problems repaired during the consumer protection period, is considered reasonable opportunity. After one of these scenarios has taken place, a consumer may request a replacement vehicle or refund.

A consumer choosing to receive a refund is entitled to a full refund of the purchase price. That price includes the entire amount paid on the new vehicle, transportation costs, and charges for the manufacturer services. Taxes, registration fees, license fees, warranty charges, and costs for credit insurance and financing is also included in the refund.

Consumers purchasing used vehicles are not protected by the Ohio Lemon Laws. Used vehicle dealerships cannot misrepresent the functionality of the vehicle when making a sale. If the vehicle was a previous lemon that was returned, then the dealership must notify the consumer. The dealership must also notify a consumer of the price, interest rates, mileage and previous sales history of the vehicle. Consumers also have the right to know if the vehicle was a rental or a salvage title. A salvage title has information stating whether the vehicle has been damaged in the past or considered a loss by a previous insurance company.

 

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South Beach Fitness LLC Closes Location in Gahanna, OH

South Beach Fitness LLC Closes Location in Gahanna, OH

South Beach Fitness, LLC in Gahanna, Ohio closed that location in late September, 2013 to the surprise of many people. On the entrance door, it welcomed its members to visit its facility several miles away in Reynoldsburg. Unfortunately, some members recently signed up for services in Gahanna and expected to receive services at the Gahanna gym, especially after paying hundreds of dollars in enrollment and administrative fees. Questions remain about when the gym ownership knew about the move and why they chose to accept new membership fees with a pending move on the horizon.

Our firm is looking to help people who would like a refund of the money they paid to South Beach Fitness, LLC. The membership contract we reviewed appears to violate Ohio law, which likely entitles consumers to a refund of money paid, some damages, plus the payment of our attorneys’ fees for assisting in the matter.

If you would like to discuss how Doucet & Associates Co., L.P.A. can help you cancel your contract with no out of pocket attorney costs, please call us today at (614) 944-5219.

 

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Best Foreclosure Defense Available to Consumers

Best Foreclosure Defense Available to Consumers

TILA rescission is one of the best statutory consumer foreclosure defense because it enables homeowners to unwind their entire mortgage transaction and get a refund of nearly all money paid to the lender, including monthly interest and closing costs. A subset of TILA, called HOEPA, offers even greater benefits that can generate substantial damages for the homeowner.

To qualify, the loan must have been used for your primary residence and not be older than 3 years old (HOEPA loans can be longer). Most importantly, the loan must have been used to refinance the home. That is, the loan must be a refinance under three years old. If those things apply, you should have your loan evaluated for TILA rescission based on faulty disclosures.

The book 23 Legal Defenses to Foreclosure walks you through that evaluation process. If you are in Ohio, contact Attorney Troy Doucet at (614) 944-5219.

 

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