Do Not Call List

 

Cellphone call

You, people, aren’t supposed to be calling cellphone. Isn’t that against the law?

 

Are you getting deluged with robocalls, solicitations, and schemes?

We can help you to stop them!

 

How To Stop the Calls and Make the Telemarketers Pay?

The federal Do Not Call List Law (TCPA) prohibits calls to cellphones, deceptive solicitations, and calls to homes on the Do Not Call List.

You told them and they ignored you – they will not ignore you once they start paying for their violations.

The law enables a consumer to obtain $500 and $1,500 for deliberate violations.

Our office has settled a number of claims involving:

  • Car Warranty services
  • Medical devices and vacation schemes
  • Solar energy and electric suppliers

Mr. Gutman is currently completing a book on the legal aspects of robocalls and the TCPA (Do Not Call List Law).

 

If you received one or more unsolicited calls, we can help. And best, there is no charge to you.

STOP THE CALLS ➡ FREE CONSULTATION ON YOUR DO NOT CALL LIST CLAIM (WE HANDLE CLAIMS WITH NO PAYMENT FROM THE CONSUMER).

Best of all, how about enjoying a nice evening without Robocalls?

 

debt collector

Wait, don’t call him, he is on the real Do Not Call List. The boss had to pay 1,500 because of the mistake.

 

CALL (973) 598-1980 FOR A FREE CONSULTATION OR
FILL OUT OUR FORM

Vacation and Do Not Call List

Have you been called about timeshares, resorts, or other vacation programs.  If you registered for the Do Not Call List, these calls are unlawful.

1. A program to Stop the Calls

Imagine if you parked in a high traffic area in midtown New York City, (where parking rates can be as high as $60-75 per day) and someone left a note saying saying parking was not permitted but no ticket.  Alternatively, imagine if your car was towed and you faced a 90.00 ticket and towing charges.  You might be angry with your towed car, but would probably not park there again.  Likewise with the telemarketers.

Telling them nicely not to call or saying you’re on the Do Not Call List usually does little.  You need to have them face a penalty and that is what we help you do.  After 1 or at most 2 claims, they will probably decide to call another number.

2. What Information is Needed

telemarketer

First, we need to know who is calling.  You may want to listen to their pitch and gently find out the name of the company.  Better yet, get a website.  Please write down the date and time of the call and the number calling if possible.  With that, if there is a U.S. company involved, we can contact them and present a claim.  There is no cost to the client, and we have settled a number of Do Not Call cases.

See also:
Do Not Call Questions and Answers
Federal Do Not Call List Site
Do Not Call List Site

Stop the Calls and Get Compensation ➡ Call us for Free Consultation.

Caller about Do Not Call List

GM 8 Speed Transmission Claims

Owners of the Chevrolet Colorado and other models have been  complaining about hesitation and shifting issues on GM 8 speed vehicles.  The vehicles are equipped with GM 8L45 or 8L90 automatic transmissions that hesitate when drivers accelerate or decelerate. Drivers complain the transmissions can shift so hard it feels its almost like being hit by another vehicle.

According to the lawsuit, each fix offered by the automaker has allegedly failed to repair the shaking, shuddering and jerking, and the plaintiffs claim both the torque converters and transmissions cause problems with the hydraulic systems and gears.

1. Claims

The class action has been filed that alleges fixes offered General Motors  haven’t solved problems with hard shifting, shaking, jerking, hesitating and shuddering. The class-action lawsuit includes the following vehicles,

  • 2015-2019 Chevrolet Silverado
  • 2017-2019 Chevrolet Colorado
  • 2015-2019 Chevrolet Corvette
  • 2016-2019 Chevrolet Camaro
  • 2015-2019 Cadillac Escalade
  • 2015-2019 Cadillac Escalade ESV
  • 2016-2019 Cadillac ATS
  • 2016-2019 Cadillac ATS-V
  • 2016-2019 Cadillac CTS
  • 2016-2019 Cadillac CT6
  • 2016-2019 Cadillac CTS-V
  • 2015-2019 GMC Sierra
  • 2015-2019 GMC Yukon
  • 2015-2019 GMC Yukon XL
  • 2017-2019 GMC Canyon2. GM Fixes, Service Bulletins and Recalls 

    Image result for automobile recall NHTSA

    According to the lawsuit, each fix offered by the automaker has allegedly failed to repair the shaking, shuddering and jerking, and the plaintiffs claim both the torque converters and transmissions cause problems with the hydraulic systems and gears.  Despite complaints, GM has not recalled the vehicle for this problem, nor has the NHTSA ordered a recall.  Instead the company has issued a service bulletin  Chevrolet Shudder Service Bulletin 16-NA-175.

    That provides for new transmission fluid, and other changes, which seems to have limited benefit for many owners.


    2. What You Can Do 

    Our office is handling claims involving the GM 8 speed transmission.  We offer a free consultation.  You may be entitled to a new vehicle, refund, or compensation to enable you to get into another car.  Claims are handled on contingency with no payment required.

 

See also:
GMC transmission review
Chevrolet Colorado Service Bulletin 

Caller about lemon law

CALL (973) 598-1980 for a Free Consultation.  Claims handled by experienced attorney on contingency with no payment required from consumer.

NCDS Arbitration

1. Questions About NCDS

Your car continues to have problems and you threaten to file a lemon law claim in court.  Rather than being upset, the manufacturer representative graciously suggests that you use NCDS (National Center for Dispute Resolution) to handle the problem.  There are a number of problems with this.

Generally the manufacturer selects the arbitrators and manufacturer refuse to use impartial arbitration mechanism such as the American Arbitration Association.   Frequently NCDS will require the consumer to demonstrate a problem on demand.

2. What Happens if you lose

Our office will handle claims even if the consumer lost.  Simply put, we are not confident the proceed was fair and balanced and instead we have found some vehicles with serious problems were not deemed lemons.

Caller about lemon law

Lemon law Verdict for Howard Gutman Kia Repurchase

Description of Case:  The consumer experienced problems with stalling and the manufacturer disputed the claim arguing that a problem had not been shown.  After a trial, the consumer won and a full repurchase was ordered.

STATE OF NEW JERSEY
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
OAL DKT. NO. CMA07702-00
DARWIN and MARIA BARTE,
Petitioner,
v.
KIA MOTORS OF AMERICA, INC.,
Respondent.
___________________________________
Howard Gutman, Esq., for petitioners
Brian McLvaine, Esq., for respondent
(Cabaniss, Conroy & McDonald, LLP)
Record Closed: December 17, 2000 Decided: December 26, 2000
BEFORE R. JACKSON DWYER, ALJ:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY

Petitioners, Darwin and Marie Barte, on February 6, 1999 accepted delivery of a purchased 1998  Kia Sportage, veRespondent, Kia Motors of America, Inc., seeks to dismiss petitioners’ complaint based on its affirmative defense that petitioners’ vehicle does not stall when it comes to a stop or if it does the complaint does not rise to the level of a substantial nonconformity.

This matter was transmitted to the Office of Administrative Law (OAL) from the Division of Consumer Affairs on August 29, 2000 for hearing pursuant to the Lemon Law, N.J.S.A. 56:13-39 to -49. A hearing was held on December 6, 2000, at the Office of Administrative Law, 185 Washington Street, Newark, New Jersey. The administrative law judge (ALJ) closed the record on December 17, 2000 after he received counsel’s affidavit of services.

It was stipulated that James Cookingham is an expert in automobile repair and diagnosis. Cookingham  testified that he inspected petitioners’ 1998 Kia Sportage on September 27, 2000 at petitioners’ home in Jersey City.    After Cookingham checked the vehicle’s statistics, he noticed that the malfunction indicator-check engine light remained on. Cookingham heard a knocking noise coming from the motor lasting about five minutes.
Cookingham used his snap on diagnostic hand scanner to retrieve codes that were logged in the vehicle’s computer. Cookingham stated that, if a check engine light is on, it means there is a parameter or parameters detected by the on board diagnostic system that has gone outside (its) design limits.

Cookingham opined that if a check engine light remains on, it will affect the vehicle’s value because it indicates to a purchaser that a repair is needed.  A code from a check engine light gives a mechanic only a clue what is wrong with the vehicle.  Cookingham stated that his snap on diagnostic tool is designed to abstract on board codes, and he retrieved code P0101 which indicated that the fuel system was getting too much or too little air. That problem could cause petitioners’ vehicle to stall. Moreover, the on board freeze frame turned on at 1394
rpms at a speed of 22 miles, a coolant temperature of 194 degrees Fahrenheit and an engine load percentage of 4.7.   Cookingham stated that petitioners’ complaint was consistent with his finding that the check engine light was on and with the code that his snap on tool retrieved when he inspected the vehicle.

Analysis and Conclusions of Law 

N.J.S.A. 56:12-31 obligates manufacturers and dealers to make all necessary repairs if a consumer reports a nonconformity to the manufacturer or its dealer during the first 18,000 miles of operation or during the period of two years following the date of original delivery[.]. The statute defines nonconformity to mean a defect or condition which substantially impairs the use, value or safety of a motor vehicle. N.J.S.A. 56:12-
30. In a commercial context, substantial impairment of the value of an automobile is broadly construed to apply to a nonconformity which shakes the buyer’s confidence in the goods. GMAC v. Jankowitz, 216 N.J. Super. 313, 339 (App. Div. 1987). Once the purchasers’ faith has been shaken, the vehicle loses not only its real value in their eyes, but becomes an instrument whose integrity is substantially impaired and whose operation is fraught with apprehension. Zabriskie Chevrolet, at 458.

I CONCLUDE that the stalling and loss of power is a nonconformity which substantially impairs the use, safety or value of petitioners’ vehicle. It is obvious that a vehicle which stalls suddenly, either coming to a stop or in the middle of traffic, poses a threat to the safety of its occupants as well as other drivers on the highway.

It is ORDERED that Kia Motors of America, Inc. reimburse petitioners in the total amount the parties stipulated in the Lemon Law refund computation (J-2), namely $27,093.95.
It is FURTHER ORDERED that petitioners’ counsel be awarded a fee of $2,793.00 for 15.1 hours of work work at the rate of $185 per hour.

CALL (973) 598-1980 FOR A Free Consultation on your Lemon Law Claim

Man in home office on telephone using computer smiling

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