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Our Practice Areas

OUR FEATURED SERVICES

We have a passion for helping the little guy. Whether its lemon laws, spam, telemarketing, false advertising or any other unfair business practice, we fight for your rights. In many cases we can represent you without any out of pocket legal cost, so it makes sense to contact our firm today and get the justice you deserve.

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Junk Faxes, Texts & Calls

Unwanted Telemarketing

Have you had calls or text messages on your cell phone that you thought might have been important – only to discover a prerecorded voice or that it was from a debt collector, telemarketer or some other business you’ve never heard of? With the assistance of our attorney’s, we can help you:

If you are the victim of annoying phone spam, Fortunately there is a federal law there to protect you – The Telephone Consumer Protection Act (TCPA). What’s more, these laws allow you to sue for financial compensation for each and every unwanted call and text you receive. Of course, you’ll need the right legal advice and representation from a law firm experienced in TCPA law.

What Types of Calls Are Prohibited Under the TCPA?

The TCPA law requires all telemarketers, debt collectors and other companies that contact you to reside by a strict code of conduct. As a general rule, no one is allowed to call your cell phone using (1) an automated dialer or (2) artificial or pre-recorded voice messages, unless you have given them express permission. These same restrictions applies to text messages.

If the telmarketer, debt collector or other business caller claims you gave them permission to call your cell phone or text you, you have the right to revoke your permission, and to tell them to stop calling your cell phone. Even if you gave the prior permission in writing, once you tell them to stop calling – even if you do so orally on the phone – any future calls would violate the TCPA.

Time is limited to assert your rights. Get Help Today

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Car, Boat, RV and Motorcycle Defects

LEMON LAW

California has passed multiple laws that protect consumers against unscrupulous merchants that sell inferior products and services. The California Consumer Legal Remedies Act (CLRA) covers most consumer products, from defective toasters to inoperable lawnmowers. However, the State of California has created a separate class of consumer protection laws that apply to vehicles. If you spend an inordinate amount of time waiting for your vehicle to receive repairs and maintenance service, you might have a lemon on your hands.

Lemon law in the State of California typically covers new vehicles that possess “serious defects.” The statutes that protect consumers against new vehicle malfunctions place time and mileage limits for consumers to pursue cases under California lemon law.

How Do You Know If You Have a Lemon?

The Song-Beverly Warranty Act classifies a vehicle as a lemon within 18 months of the vehicle’s delivery to a consumer or if the vehicle has less than 18,000 miles displayed on the odometer.

Here are some other qualifications for vehicle lemons:

  • The vehicle has not run for 30 days or more because of repair issues
  • Vehicle defects not caused by owner
  • The manufacturer has tried to make repairs to a warranty issue at least four times
  • The manufacturer has attempted at least two times to make repairs on a warranty-covered problem that could result in the owner suffering from a serious injury or death

 

California consumers that own a lemon can ether request that the manufacturer replace the lemon vehicle or give a refund for the price of the purchase of the lemon.

Time is limited to assert your rights. Get Help Today

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Creditor harrassment, publicity and intimidation

UNFAIR DEBT COLLECTION

Your cell phone rings and your heart begins to pound. No, your racing heart is not caused by a call from a secret admirer. Instead, your racing heart is caused by a phone call from a creditor that demands immediate payment of what you owe on a loan or credit card bill. Tired of the threats and intimidation, you choose to send the call to voice mail, which you will erase later, without listening to the contempt of the creditor.

You have another option and that is the protection of the federal law called the Fair Debt Collection Practices Act (FDCPA).

What the FDCPA Prohibits

Under the FDCPA, creditors are not permitted to contact consumers before 8 am and after 9 pm local time. Creditors that continue to harass consumer after receiving a written request to cease communication face stiff penalties enforced by federal regulations. Any intent to abuse or harass consumers by repeatedly calling and/or sending electronic mail messages is strictly prohibited under the FDCPA.

Here are some other prohibitions mandated by the FDCPA:

  • Attempts to communicate with consumers at their places of employment
  • Contact with a consumer who has established a formal legal arrangement with an attorney
  • Communicating with a consumer after a formal request for debt validation
  • Making a threat of arrest or taking legal action
  • Deceptive collection practices
  • Making a consumer’s name and address public knowledge
  • Using abusive language
  • Demanding payment for an amount not justified

 

Under the legal guidelines set forth by the FDCPA, creditors are not permitted to disclose your debt status with third parties that include the media. Creditors also pay a legal price for reporting false information on consumer credit reports.

Time is limited to assert your rights. Get Help Today

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False Advertising and Product Failures

Defective Products

When you buy any product from a retailer or manufacturer, you have certain rights as a consumer under California and Federal Law. The most basic rights are that the product will work as advertised and be safe when used as designed. Contrary to the perception that product defect lawsuits are filed by people who have been physically injured, you don’t have to be hurt to have your rights violated. If you bought something that does not work the way it is supposed to, either through false advertising or defective design, you have rights to protect as well.

If you believe you are an innocent victim of negligence or unsure of whether or not you have a claim, you can speak to one of our defective products lawyers at a free, no-obligation initial consultation.

A defective product can be dangerous and put you at risk of a significant personal injury. When they fail in this obligation and you’re hurt by a shoddy product, you should speak with the experienced defective product lawyers at Sierra Litigation.

While every case is unique, and the exact compensation available to you is determined by the circumstances of your claim, we can generally pursue compensation for:

  • Medical bills
  • Lost wages
  • Diminished earning capacity
  • Pain and suffering
  • Funeral expenses (in the case of a wrongful death case)
  • Repairs and refunds

You need a product liability lawyer to fight for you in this difficult time. We’ll help you pursue the justice and compensation you deserve.

Time is limited to assert your rights. Get Help Today

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Unlawful Disclosure and Use, Data Breaches, Identity Theft

Data Privacy

Over the last fifty years, numerous federal and state privacy laws have been enacted and updated in response to new technologies, information products, and data storage capabilities.

Although these laws have varying focuses, all of them protect against unauthorized use or collection of private records. Additionally, many of these laws allow consumers to file privacy lawsuits to hold companies accountable when they  collect or use information unlawfully.

In short, if a business possesses information about you that can identify you personally, they have an affirmative duty to keep that data safe, and to only use it for purposes for which they have received your prior informed consent.

Common Types of Unlawful Privacy Use and Breach

Various Laws govern privacy rights. The most notable among them include the Electronic Communications Privacy Act, Gramm-Leach-Bliley Act, theHealth Insurance Portability and Accountability Act, Telephone Consumer Protection Act and the Wiretap Statutes.

  • Financial Privacy
  • Health Records
  • Data Breaches
  • Illegal Use For Profit
  • Identity Theft

Time is limited to assert your rights. Get Help Today

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Our Practice Areas

BENEFITS OF WORKING WITH SIERRA LITIGATION

LOW OR NO COST SERVICES

In most cases, California law requires the offending business to pay your attorney's fees. One more reason to call us today and get the help you need.

YOU MAY BE OWED THOUSANDS

Many state and federal laws permit full recovery of loss, and/or penalties that you can pocket even if you have no losses.

WE FOCUS ON CONSUMERS

Sierra Litigation only focuses on protecting consumer's and vindicating their rights. Our dedication to consumers is not diluted by other legal demands.

Have you been the victim of unfair business practices? Get Help Today