Ohio Attorney General Mike DeWine

Briefing Room > Newsletters > Consumer Law Advisor > May 2011

Consumer Law Advisor

5/23/2011

Class Action Complaints Filed

Trohoske v. Chicago Title Co., Cuyahoga Cty. Case No. CV 11 752441, class counsel John Gold
5/23/2011

Class Action Fairness Act Notices

Smith v. GB Collects, LLC, FDCPA, Case No. 09-5917, final hearing March 15, 2011, 3 Ohio class members, class counsel Donald Doherty

Rosen v. Unilever United States, product misrepresentations, Northern Dist. California, Case No. 09-2563, final hearing June 20, 2011, unknown number of Ohio class members, class counsel Michael Reese

Davis v. VideoEgg, Inc., computer privacy, Central Dist. California, Case No. 10-7112, final hearing June 13, 2011, unknown number of Ohio class members, class counsel David Parisi
5/23/2011

New Cases In Online Public Inspection File

DEBT ADJUSTERS ACT

Fithian v. Accredited Financial, Inc., Knox Cty. Case No. 10 OT 06-352, PIF 2928

Defendants were in the business of offering consumers debt counseling and debt adjusting services.  The Court found that Defendants violated the CSPA by: 1) misrepresenting their success rate and the results of their program prior to Plaintiff signing the contract, 2) falsely promising to provide Plaintiff with third-party legal assistance and failing to provide that assistance when Plaintiff was sued by a creditor in Defendants' program, 3) charging illegal fees pursuant to R.C. 4710.02(B), and 4) knowing at the time the transaction with Plaintiff was entered into that Plaintiff would not receive a substantial benefit from the transaction.  The Court found that Plaintiff had suffered damages of $4,237.38, which it trebled to $12,712.14.  In addition, the Court found that Plaintiff was entitled to punitive damages due to Defendants' reckless, wanton, willful and gross conduct, and awarded $42,373.80 in punitive damages.  The Court found that Plaintiff was entitled to attorney fees and awarded $1,449.00.

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