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Miles per gallon (mpg) fraud -- why class action works better thansmall claims by wwy yrj
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Miles per gallon (mpg) fraud -- why class action works better thansmall claims by WWY YRJ
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| Article Posted: 11/07/2012 |
| Article Views: 59 |
| Articles Written: 1412 - MORE ARTICLES FROM THIS AUTHOR |
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Miles per gallon (mpg) fraud -- why class action works better thansmall claims |
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Business,Business News,Business Opportunities
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REDLANDS, CA -- May 11, 2012 : When it was announced that Heather Peters won her lawsuit against Honda for alleged MPG advertisingviolations, it drew nationwide attention and several more smallclaims against the popular car company. Now we hear that Peters'small claims judgment was overturned in the Appeals process--a movethat confuses consumers and begs the question, "How can a carcompany be held liable in a class action suit but not in SmallClaims Court?" "It has a great deal to do with legal knowledge and certain rightsnot available in a small claims action," stated Richard McCune of McCuneWright, LLP, in Redlands , CA. "If you are filing against a big company, you are already ata disadvantage when you enter the small claims courtroom." According to McCune, whose firm has recently filed Class ActionMPG-related lawsuits against GM and Hyundai, you lose three thingsin small claims court: 1) the right to an attorney; 2) the right to"Discovery" of evidence from the opposition; and, 3) the right toappeal. Only the defendant can file an Appeal and they can thenhave representation.
For Honda that is an elite team of highlyskilled attorneys. "It appears Ms. Peters' lawsuit challenged ads that fall withinfederal protective guidelines for window sticker and EPA mileageclaims," said McCune. "In contrast, when Hyundai made the samechallenges in McCuneWright's ongoing class action, we providedillustrations of ads without the required disclaimers.
The Courtfound it could be actionable if the claims were proven false; thatallowed us to continue class action proceedings for consumers whomay have been misled." A class action attorney understands you have to show specificpromises, not general slogans in advertising. That appears to be amistake made by Peters in her case. "If a company engages in practices not fair to consumers, thepressure of class action is one way to effect change," continuedMcCune. "Plaintiffs in MPG Fraud cases have suffered substantialloss related to their vehicles--and they don't want that to happento anyone else." ABOUT MCCUNEWRIGHT, LLP McCuneWright has a long history of success for clients.
Theirmulti-million dollar verdicts and settlements include a $203 million trial verdict in consumer fraud class action and a $35 million settlement in consumer fraud class action. I am Food & Beverage writer, reports some information about edible cake decorations , commercial popcorn popper.
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