Class Action Attorneys Serving Clients in Phoenix & All of Arizona
Have you purchased a product that turned out to be defective? Or was the advertising misleading? Has your personal information been compromised due to a data leak at a company you trusted? You may very well have a consumer protection claim, and the estimable Phoenix class action lawyers at Burg Simpson are here to provide the legal guidance and representation you need.
We trust the products we purchase to function as promised and expect the companies we do business with to handle our information responsibly. When our expectations are not met and our financial well-being, health, or privacy is jeopardized, justice is needed. The consumer class action lawyers at Burg Simpson’s Phoenix, Arizona office are dedicated to helping victimized consumers fight back.
Class action lawsuits our firm is currently handling include:
If you think you may have a consumer protection lawsuit or are looking to join an existing class action, call 602-777-7000 or contact us online for a FREE and confidential case evaluation. Our Phoenix class action lawyers are ready to assist you in pursuing just compensation.
What Is a Consumer Protection Claim?
Laws have been established in many states, including Arizona, to safeguard consumers. For instance, the Arizona Consumer Fraud Act prohibits businesses from engaging in fraudulent or misleading activities. When a business owner breaches these regulations, they can be taken to court.
A consumer protection claim is a legal action taken by consumers who have been harmed by unfair, deceptive, or fraudulent business practices. These are designed to protect consumers and hold businesses and corporations accountable, encouraging them to operate fairly and transparently.
Common types of consumer protection claims include:
- False advertising
- Defective products
- Violations of warranty terms
- Mishandling of customers’ personal information
Consumer Class Action Lawsuits
Class action lawsuits are a powerful tool in consumer protection. They empower a small group of individuals to represent a larger class of people who have been similarly harmed by unfair business practices. These lawsuits enable consumers to pool their resources and make it possible to challenge large corporations and entities that engage in deceptive advertising, sell defective products, violate warranty terms, or mishandle personal information.
By addressing these issues collectively, class action lawsuits aim to give consumers a voice in the fight against the might of large corporations. Someone must hold these entities accountable and ensure that consumers impacted by their negligence receive just compensation.
Examples of Consumer Class Action Lawsuits
Volkswagen Emissions Scandal
In 2015, Volkswagen was found to have installed software—or a “defeat device”—in its diesel vehicles that manipulated emissions tests. This deception affected millions of vehicles worldwide. In the U.S., consumers who purchased these vehicles filed a consumer class action lawsuit. Volkswagen agreed to a settlement and will pay more than $34.8 billion in “fines, refits, and legal costs.”
Equifax Data Breach
In 2017, Equifax, one of the three largest credit reporting agencies, experienced a data breach that exposed the personal information of over 147 million people, including:
- Social Security numbers
- Birth dates
- Addresses
- Driver’s license numbers
A class action lawsuit was filed alleging that Equifax failed to adequately protect its customers’ private information. In 2019, Equifax agreed to a settlement of up to $700 million, covering compensation for victims, free credit monitoring, and restitution.
What Types of Consumer Protection Class Action Claims Does Burg Simpson Handle?
We need to trust the businesses we support and rely on. To continue these relationships, consumer rights must be protected from deceptive and unfair business practices. At Burg Simpson, our Phoenix class action attorneys are committed to standing up for consumers who have been wronged. With decades of experience, a proven track record, local clout, and national resources, our team has the skill and dedication to pursue the justice you deserve.
We handle the following consumer protection claims:
Unfair Sales Practices
Unfair sales practices can impact consumers financially and also emotionally by sowing distrust. Deceptive business tactics undermine the concepts of fair trade and honest practices. State and federal laws aim to protect consumers from predatory practices, including:
- Misleading advertising
- Bait & switch techniques
- Unauthorized charges
- Insufficient disclosures
- Misrepresentation of products or services
Breach of Warranty
Warranties are assurances given by manufacturers or sellers that their products are reliable and of good quality. Often, warranties convince consumers to purchase products, thinking they are safeguarded should something happen.
There are two types of warranties:
- Express Warranty: This is an explicit guarantee provided by the manufacturer or seller. These can be found in writing on the product’s packaging, in the manual, or advertising materials.
- Implied Warranty: This warranty is governed by state laws. An implied warranty assures that the product will work how it is meant to. There are two types of implied warranty. A warranty of merchantability guarantees that the product will meet the reasonable expectations of the consumer. A warranty of fitness promises that the product is suitable for its intended use.
A breach of warranty means that the manufacturer or seller fails to meet the terms of the warranty, whether explicit or implied. Both state and federal laws have been enacted to handle breach of warranty issues. When a warranty is breached, consumers have the right to seek remedies. When many consumers are affected, they can stand together to file a class action lawsuit.
Data Breach
A data breach occurs when sensitive, confidential, or protected information is accessed or disclosed without permission. In some cases, hackers may infiltrate systems to steal sensitive information for financial gain. In others, businesses release the information because of human error or negligence. These breaches can devastate victims and often result in identity theft and financial losses. Unfortunately, they are alarmingly common.
According to state and federal laws, businesses are supposed to implement strong security measures and inform customers immediately if their data is compromised. There are dire and widespread consequences when they fail to do so.
If you have been affected by unfair sales practices, a breach of warranty, or a data breach, the responsible entity needs to be held accountable. The experienced consumer class action lawyers at Burg Simpson’s Phoenix, Arizona office want to help. Whether filing a class action lawsuit or joining one, our capable team can walk you through the process and help you pursue justice.
How Do Class Action Lawsuits Work?
Class action lawsuits are meant to even the playing field, giving individuals wronged by corporations, businesses, and other entities a better chance at justice when standing together as one. The three major components of a consumer class action lawsuit include:
- The Class: The group of individuals who have all been affected by the business or entity’s wrongful or negligent actions.
- Class Representative or Lead Plaintiff: The individual who acts on behalf of the entire class.
- Class Counsel: The class action lawyers representing the class and managing the lawsuit.
The process of a class action lawsuit may vary depending on the specifics of the case; however, the general process remains the same. A consumer class action lawsuit always begins with a business or corporation’s negligent or wrongful act that leads to injury and damages to a large group of people.
When this happens, justice must be sought, and the path there includes the following steps:
1. Initial Consultation
First, consult an experienced consumer class action attorney regarding your claim. This initial, FREE consultation will evaluate whether your case meets the criteria for a class action lawsuit or if there is an existing class that you would qualify to join.
2. Investigation & Evidence Gathering
If your case is viable, your attorney will begin to investigate and gather evidence to support your claim. This is the backbone of your claim that will support you throughout the legal process.
3. Filing the Complaint
Your attorney will file a complaint on behalf of the class representative. This outlines all of the allegations against the defendant and provides the basis for the consumer protection class action lawsuit.
4. Class Certification
For the case to proceed, the court must now certify the claim as a class action. That requires meeting the following criteria:
- The class is so large that it would be impractical to address each member individually
- Among the class, there are common questions of law or fact
- The claims or defenses made by the representative party(ies) are characteristic of those held by the entire class
- The representative party(ies) are committed to fairly and adequately protecting the interests of the entire class
5. Discovery
If the class is certified, the discovery phase can begin. During this step, the plaintiff and defense exchange pertinent information and documents through depositions, interrogatories, and requests for the production of documents.
6. Settlement Negotiations or Trial
Consumer class action trials are extremely rare. Your lawyer will work hard to negotiate a settlement that is fair to all class members. Should it prove impossible to agree on a settlement, they will be prepared to litigate in court.
7. Approval & Distribution of Funds
If your class action attorney can negotiate a favorable settlement, it will still need to be approved by the court. Should it be found fair and reasonable, the settlement funds would be distributed to the class members.
8. Class Member Notification
Notifications are sent to class members via mail, email, or media publications throughout the legal process. These will inform class members of relevant progress, their rights, and potential compensation.
9. Conclusion
A class action lawsuit concludes with either a settlement agreement or a court judgment. At this point, the class members will receive their compensation and the attorneys’ fees will be paid from the settlement fund or as directed by the court.
Benefits of a Class Action Lawsuit
We are consumers. We will always have to buy and use products manufactured by others, but we cannot maintain these relationships when we lose trust in them. Sometimes, the only way to regain that trust is to see justice served.
There are several significant benefits to filing class action lawsuits in the event of negligence or wrongdoing on the part of corporations and businesses, including:
- Strength in Numbers: There is strength in numbers! When people join together to face off against wrongdoing, there is a collective power greater than anything we can fathom on our own. That goes for consumer class action claims as well. The weight of a class action lawsuit can lead to larger settlements and verdicts because our voices combined are hard to ignore.
- Efficiency & Cost-Effectiveness: Class action lawsuits consolidate many similar claims into one. This makes it more affordable and practical for individual victims to face off against big business.
- Access to Legal Representation: Class action lawyers are skilled and dedicated. You gain access to esteemed legal representation and guidance when you add your claim to that collective voice.
- Deterrence: A consumer class action lawsuit can be a powerful deterrent for businesses and entities. Seeing the consequences of negligent or bad behavior can discourage them from future wrongdoing, encourage them to establish better business practices, and promote adherence to consumer protection laws.
If the above benefits are not reason enough, consider the friends and neighbors you could save from the same fate you have suffered. Class action lawsuits call attention to injustices, right the wrongs, and motivate change. Consult a Phoenix class action attorney if you have any questions about a possible claim. Together, we can make a difference.
The Consumer Protection Class Action Attorneys at Burg Simpson Are Here to Help
The consumer protection class action lawyers at Burg Simpson have an esteemed reputation for championing consumer rights nationwide. With 9 offices in 7 states and more than 70 attorneys, we have the local know-how and national influence to stand up to big business.
Our team has vast experience litigating inside and outside the courtroom and is dedicated to pursuing the justice and compensation our clients deserve. We are Good Lawyers. Changing Lives.®, and we continue to prove it every day.
If you believe you have a consumer class action lawsuit or want to find out about joining an existing one, contact Burg Simpson’s Phoenix office today. Call 602-777-7000 or contact us online with this FREE Case Evaluation Form to get started.
