Ohio Attorney General Mike DeWine

Briefing Room > Newsletters > Consumer Law Advisor > August 2011

Consumer Law Advisor

8/9/2011

Class Action Complaints

Frazier v. Matrix Acquisitions LLC, Summit Cty. Case No. 2011-06-2991, FDCPA violations, class counsel James Burke

Marazzi v. The Dial Corp., ND Ohio Case No. 11-CV-407, product misrepresentation, class counsel Frank Piscitelli

8/9/2011

Class Action Fairness Act Notices

MC-K Sales, Inc. v. Discover Financial Services, Inc., improper fees, Northern Dist. Illinois, Case No. 10-2964, final hearing September 13, 2011, unknown number of Ohio class members, class counsel Rafey Balabanian

Richardson v. Allied Interstate, FDCPA, Dist. New Jersey, Case No. 09-2265, final hearing August 31, 2011, 1 Ohio class member, class counsel Andrew Wolf

8/9/2011

Fake check scams target attorneys

For years, organizations have warned individual consumers to watch for counterfeit check scams. Now, these scams also are targeting attorneys.

The Attorney General’s Office has received reports from Ohio attorneys who say they are contacted by “clients” who attempt to pay them with counterfeit checks and ask them to send back some of the money.

8/9/2011

Consumer Legislation

House Bill 275- Right to Cure (sponsored by Rep. Lynn Slaby and Ron Young): To amend section 1345.09 and to enact section 1345.092 of the Revised Code to allow suppliers and consumers to enter into a Right to Cure agreement.  The amended law would give a business 30 days after a consumer filed a lawsuit to make a settlement offer to the consumer, including up to $1,500 toward attorney's fees.

8/9/2011

New Cases in Online Public Inspection File

EXEMPT TRANSACTIONS

Restivo v. Continental Airlines, Inc. (Cuyahoga Cty.), 2011-Ohio-219, PIF 2950

Plaintiffs purchased a gift card from Continental Airlines which had a one year expiration date.  When they unsuccessfully attempted to use the gift card after the expiration date, they filed suit, alleging violations of the CSPA and Ohio's Gift Card Statute.  The Court of Appeals upheld the trial court's dismissal of the complaint, finding that application of the CSPA and the Gift Card Statute to an airline was preempted by the Airline Deregulation Act.

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