Consumer Protection Cases We Handle
As leaders in Consumer Protection Law, Wisner Baum handles a wide variety of dangerous and defective product and deceptive advertising cases. The firm’s consumer protection lawyers have helped to secure billions of dollars for individuals harmed by companies who engage in fraud and misrepresentation.
Consumer protection cases handled by Wisner Baum:
Our decades of experience in mass tort litigation uniquely positions us to handle cases that combine elements of both personal injury and consumer protection law. Many law firms focus exclusively on either personal injury or consumer protection. At Wisner Baum, our unique approach allows us to evaluate your case from multiple legal perspectives, ensuring you receive maximum compensation under all applicable laws.
Consumer Protection vs. Personal Injury: Understanding the Difference
While both consumer protection and personal injury law seek to protect individuals from harm, they operate under different legal frameworks and serve different purposes:
Personal Injury Law Focus:
- Addresses harm caused by negligence, recklessness, or intentional misconduct.
- Most commonly covers accidents like car crashes, slip and falls, and medical malpractice.
- Primarily based on tort law and proving negligence.
- Focuses on individual incidents and personalized compensation.
- Requires proving duty of care, breach, causation, and damages.
Consumer Protection Law Focus:
- Addresses unfair, deceptive, or fraudulent business practices.
- Covers false advertising, defective products, data breaches, and TCPA violations.
- Based on statutory consumer protection laws (both federal and state).
- Often involves class actions representing groups of affected consumers.
- Focuses on business conduct and marketplace fairness.
Where They Overlap:
Some cases may involve both areas of law. For example, if a defective product causes injury, you might have both a product liability claim (personal injury) and a consumer protection claim based on deceptive marketing of that product.
Consumer Protection Laws: Federal and State
State and federal consumer protection laws help to regulate consumer products in the United States. These laws can be used to help hold a company accountable for wrongdoing, when their product or deceptive business practices cause harm. A consumer protection lawyer works to protect the rights of individuals and ensure that companies are held responsible for violating these laws.
Federal Consumer Protection Laws:
- Consumer Product Safety Act: The Consumer Product Safety Act was enacted in 1972. It established the Consumer Product Safety Commission and helps to regulate consumer products that present an unreasonable risk of injury to consumers.
- Magnuson Moss Warranty Act: The Magnuson Moss Warranty Act authorizes the Federal Trade Commission to establish regulations for written warranties for consumer products. It requires that warranties be written in clear language.
Federal agencies such as the Federal Trade Commission’s Bureau of Consumer Protection also helps to protect individuals from unfair and deceptive business practices. In addition to federal agencies and laws, states have adopted their own consumer protection statutes that offer additional remedies for individuals who have been harmed by a company’s negligence or wrongdoing.
While these laws may seem complex, they are there to protect the rights of consumers. Any person that has been harmed by a dangerous product or suffered injury because of a mislabeled product is encouraged to contact an experienced consumer advocate attorney who can help to determine whether they have a valid claim for compensation.
What to Do If You’ve Been Harmed by a Product or Company
Few people expect to be injured by a product they purchase online or from a store. Unfortunately, this happens more frequently than consumers are aware. Thousands of dangerous or defective products make it to American shelves each year. Companies, putting profits first, engage in deceptive business practices like false advertising or misrepresenting safety information far too often. The consumer rights attorneys at Wisner Baum know the devastation that these actions can cause and work tirelessly to hold these companies accountable for their misconduct.
Individuals who suspect they have been harmed by a product or company are encouraged to contact Wisner Baum for a free consultation. Gathering critical information can help the attorney determine what legal options are available and whether to move forward with a claim for compensation. Evidence may include product packaging, receipts of purchase, photos of injuries, medical records, and written communications that help to strengthen the case.
Legal Process for a Consumer Protection Law Violation Claim:
- Free case evaluation: The first step in a consumer protection lawsuit is consulting with an experienced consumer rights attorney at Wisner Baum. An attorney can assess the situation to determine whether there is the potential to take legal action or join existing litigation.
- Gather necessary information: Prior to filing a lawsuit, your attorney may ask you to gather evidence while they investigate the claim. During that time, the attorney may seek information from the company such as product testing results, reviews from experts in the industry, or they may assist you in filing a formal complaint with the appropriate regulatory agency.
- File the claim: If the claim qualifies, consumer fraud attorneys with Wisner Baum will file the lawsuit in the appropriate jurisdiction or seek pre-litigation settlements. Depending on the circumstances of the case, the attorney may recommend joining existing litigation such as a class action or mass tort. No matter which route is decided, Wisner Baum will manage the entire legal process from the initial consultation to the final payout for a successful claim.
It is essential that consumers who believe they were harmed by an unsafe product or as the result of deceptive business practices, contact a consumer rights lawyer as soon as possible. Acting quickly can help to preserve evidence that may prove critical to the case and can help to strengthen the potential claim.
Trusted Consumer Resources
The sheer volume of information on the internet can make it challenging to know whether a source should be trusted. Several state and federal agencies have been founded to help ensure consumers receive accurate information and have resources to act in the event they are harmed by a product or company.
Trusted resources for consumer protection:
- Federal Trade Commission (FTC): The Federal Trade Commission protects consumers from deceptive or unfair business practices.
- Food and Drug Administration (FDA): The US Food and Drug Administration ensures the safety and effectiveness of medicines, medical devices, food, cosmetics, and tobacco products.
- Bureau of Consumer Protection: The Bureau of Consumer Protection is the department of the FTC responsible for enforcing the rules that prevent unfair, deceptive, and fraudulent business practices.
- State Consumer Protection Offices: Receive complaints and investigate allegations of fraud and deceptive business practices at the state level.
The consumer fraud lawyers at Wisner Baum regularly provide clients with updates from these agencies as it relates to their claims. Actions taken and guidance provided by these regulatory groups can help to shape litigation and strengthen the case against a company that has violated the consumer protection laws they establish and enforce.
Consumer Product Recalls and Safety Alerts
Wisner Baum regularly monitors federal agencies, such as the Consumer Product Safety Commission, the National Highway Traffic Safety Administration, and the U.S. Food and Drug Administration to stay informed about any recalls or safety issues related to products across a wide range of industries, including foods, pharmaceuticals, medical devices, automobiles, and household goods.
Oftentimes major recalls may lead to litigation. This page will soon have a list of high-impact recalls that may have affected you or your family members. If you feel that you have suffered harm as a result of a dangerous or defective product, contact Wisner Baum today for a free consultation.
Contact a Consumer Rights Lawyers Today
Individuals who have been harmed by a dangerous product or as the result of false advertising are encouraged to contact the consumer protection attorneys at Wisner Baum for a free consultation. Wisner Baum has the experience and resources families need to get the compensation they deserve. Contact the firm now for a free, no-obligation consultation. Get the information you need to move forward with your case.
