Latest News

There have been reports that a debt collection agency called Samuel Whitaker & Associates have been making harassing phone calls, asking for confirmation of confidential information and threatening legal action. Allegedly, automated phone calls are directed at consumers warning that legal documents will be sent to the consumer’s home and should the consumer not reply, legal action will be taken. Reportedly, several phone numbers have been used by Samuel Whitaker & Associates agents.  These phone numbers are reported to be:

• 518-203-3522
• 585-445-3311
• 888-996-9746

If you have been contacted by one of these phone numbers or received an automated call from an alleged debt collector from Samuel Whitaker & Associates please use the form on this website or give us a call at 424-245-5505.

Samuel Whitaker & Associates is allegedly a nationally licensed receivables management organization.  Reportedly, the company provides a collection/mediation service that locates and contacts customers, negotiates debt disputes and recovers charged-off accounts. It is reported that Samuel Whitaker & Associates uses technology to collect debts, which includes some fully automated processes.

Allegedly Samuel Whitaker & Associates offers a wide range of services to mediate and collect debts. Reportedly, the services offered are: negotiation of terms, payment processing, detailed reporting, consumer education, scrubbing bankruptcies inventory and contacting clients through telephone and letters.

Samuel Whitaker & Associates also allegedly practices skip tracing. This is the practice of locating a customer when no point of contact has been provided. Reportedly Samuel Whitaker & Associates employees use an extensive process to find the customer when not provided with contact information.

Potential Violation of FDCPA

The Fair Debt Collection Practices Act (FDCPA) protects consumers against abusive debt collection practices.   The FDCPA was created in response to many practices used by debt collectors that are abusive and unfair to the consumer. The FDCPA works to combat harassing debt collection practices.

The FDCPA prohibits the collector from using false or deceptive or misleading information to collect debt payments. The FDCPA prevents the collector from threatening that nonpayment of a debt could result in arrest, imprisonment, garnishment, attachment of property or wages unless there is a lawful intention to take such action. The collector may not threaten to take any action of which there is no intention to take or cannot legally be taken.

Potential TCPA Violation

The Telephone Consumer Protection Act (TCPA) protects consumers from telemarketing and automated phone calls. The TCPA prohibits the use of automated phone calls to consumers without prior consent. The use of Samuel Whitaker’s and Associates automated phone calls may be in violation of TCPA.

Protect Yourself

If you have received a phone call from any of the numbers listed above or you have received a phone call from a person who has identified an affiliation with Samuel Whitaker & Associates you could be part of a class action. Protect yourself and your loved ones from debt collection abuse by contacting us by filling out the form on this page or give us a call at 424-245-5505.

It has been reported that people nationwide have complained of being ripped off by TrueCar online vehicle buying company and the auto dealers they work with. Through its website, TrueCar allegedly makes claims about how simple and hassle-free it makes the car-buying process, yet the experience reported by many customers is very different than advertised. If you or anyone you know has purchased a vehicle through TrueCar, please contact us at 424-245-5505 or through the form on this page.

TrueCar.com Investigation Background

Located in Santa Monica, California, True Car, Inc. which was founded in 2005, operates a website called TrueCar.com that provides pricing and information for new and used car buyers and dealers. Buyers reportedly get information on what other people have paid for cars in a specified geographic area and can connect to dealers that are affiliated with TrueCar to complete a vehicle purchase through the website. The company reportedly has had more than one million vehicles purchased through its program and has a network of more than 10,000 dealers.

Bait and Switch Accusations

Most of the alleged accusations center on TrueCar’s claims of a fully transparent, hassle-free experience for their customers.  Customers say this isn’t true. Customers have reportedly been subjected to the same type of haggling for options and packages that non-TrueCar customers would normally expect to suffer through in a standard vehicle purchase. In the alleged bait and switch scheme, TrueCar claims on its website that it offers a truly stress free buying experience with no hidden fees or surprises yet when some customers have arrived at the affiliate dealerships they have been subjected to the same type of negotiations and haggling as any other auto buyer would. For more on this wide-ranging problem, click here. If you or anyone you know has experienced this sort of treatment at a dealer referred by TrueCar, please contact us at 424-245-5505 or through the form on this page.

Protect Your Financial Situation

Lawyers are currently researching class action claims against TrueCar, which is believed to have falsely advertised the benefits of their services to consumers. If you, or anyone you know, has purchased a vehicle using True Car or any of its affiliated dealers’ services, please contact us at 424-245-5505 or through the form on this page. Contact our attorneys if you have any questions or concerns regarding this investigation.

Citibank Global Markets Inc. (CGMI), a subsidiary of Citigroup Inc., has reportedly been ordered to pay thousands of people $4.5 million in connection with nearly 15,000 accounts that were frozen by the company. The total amount of money involved in the agreement between the New York attorney general’s office and Citigroup is over $20 million. You may have a claim if you had an account with CGMI. Please contact us at 424-245-5505 or through the form on this page.

Background: CGMI’s Reportedly Illegal Practices

The attorney general’s investigation was started in 2012 after a complaint was lodged by a customer in Westchester, New York who reportedly claimed to have been overcharged for service fees in excess of $3,000. As a result, the unlawful practices reportedly at the heart of this investigation involve $16 million owed to more than 31,000 customers who were charged advisory fees different than they had agreed to. These fees that were allegedly ordered by the attorney general for CGMI to pay to clients for the investment advice services were for repayment of overcharges by the Citigroup companies levied against their customers. For more information on how unfair business practices harm people, click here.

Additionally, it is reported that fee rebates were not paid to customers who should have been when their accounts were frozen. Allegedly the accounts can be frozen for many reasons yet in many cases customers were charged fees when they shouldn’t have been. Rebates were allegedly given when customers requested them but an internal review CGMI reportedly showed that many rebates were not given when they should have been. Overcharges were also reported to have been found in an internal audit that were related to periods of inactivity by customers with their accounts.

Protect Your Rights

In spite of the New York attorney general’s agreement with CGMI to pay customers who were allegedly cheated and overcharged, there may be more overcharges that have not been discovered. If you or someone you know has been a customer of CGMI you may be part of a class action lawsuit. For more information on how class action lawsuits help people who have been wronged by illegal banking practices, click here. Please contact us using the form on this page or call us at 424-245-5505.To determine whether you or someone you know is eligible to be part of a class action, please contact us at 424-245-5505 or through the form on this page.

Call-In Shift Allegations for J Crew

Many nationwide retailers’ practice of “on-call” or “call-in” shift scheduling is being called into question by a recent investigation by the New York Attorney General’s Office. Employees are typically required to hold their schedules open for shifts for which they may or may not be asked to work, when retailers utilize the controversial call-in shift scheduling. The New York Attorney General’s labor bureau was prompted to send letters to 13 retailers that it believes may not have compensated workers for call-in shifts, as this type of scheduling has become extremely common. J Crew was among the companies contacted in the investigation. For more on this wide-ranging problem, click here and here. If you or anyone you know has worked for J Crew for call-in shifts without getting paid for that time, please contact us at 424-245-5505 or through the form on this page.

Background

J Crew operates through more than three hundred retail locations throughout the U.S., as well as online, catalogs, and its Madewell stores. The company specializes in men’s, women’s, and children’s accessories and apparel like swimwear, loungewear, outerwear, wedding attire, bags, sweaters, denim, jewelry and several other types of goods. As previously reported, J Crew is alleged to be one of several nationwide retail chains that heavily rely on call-in shift scheduling to staff its stores. Retailers reportedly use this type of scheduling to minimize labor costs, but the price to employees who receive no guarantee of work or pay is very high. For more on how you can hold employers to account for their actions, click here.

Call-In Shifts’ Legality Questioned

It is reported that companies keep workers on the hook for shifts up until very close to start time typically, when a retail worker’s shift takes the form of “call-in” work. Since employees have to remain available in case they’re needed at work many are reportedly unable to take classes or other paid work during the scheduled call-in shift. In addition, many people report that a lot of these retailers do not pay employees when their shifts are canceled at the last minute.

A recent lawsuit in California against Victoria’s Secret was based on the practice scheduling call-in shifts. Companies that require workers to be available on-call should pay them if their shifts are canceled according the lawsuit. Laws requiring employers to pay hourly staff when they report to work and there is canceled are on the books in several states, including New York and California. It is believed that the same protection should be extended when workers are scheduled on-call. Some chains allegedly have strict attendance policies that accompany call-in shift scheduling. For example, employees who miss calling in during the required time frame prior to a shift, or who do call but cannot make it to work on time, reportedly have received the same punishment as someone who skips a regularly scheduled shift.

The lack of a stable schedule that comes with call-in shifts has become an unhappy reality of retail employment, but despite these problems most retail workers can’t walk away from companies that schedule this way. Short notice shift scheduling like this has reportedly caused many problems for retail workers in the current economy. When people work several part-time jobs, it may be very tough for them to schedule shifts when they are already on-call at another one of their jobs.

Protect Your Financial Situation

Lawyers are currently researching class action claims against J Crew stores, which are believed to have scheduled “call-in” shifts without paying employees. If you work, or have worked, for J Crew, and have been scheduled for call-in shifts without getting paid, please contact us at 424-245-5505 or through the form on this page. Contact our attorneys if you have any questions or concerns regarding this investigation.

Evaporator Coil Lawsuit

Lennox Industries, Inc. has agreed to settle a class action lawsuit over whether it manufactured and sold defective evaporator coils. Air conditioning systems and heat pumps use evaporator coils to cool air in homes. The primary function of an evaporator coil, which sits inside your home, is to remove heat from the air inside your home. The company has agreed to the settlement, set up by the attorneys involved, through the court to avoid the cost and risk of more lawsuits. Lennox denies all of the claims in the lawsuit.

If you are a resident of the United States who purchased at least one new uncoated copper tube Lennox, Aire-Flo, Armstrong Air, AirEase, Concord, or Ducane brand evaporator coil, between October 29, 2007 and July 9, 2015, covered by an Original Warranty (“Original Coil”), that was installed in a house for your personal, your family, or your household purposes, or a  condominium unit, apartment unit, or other residential dwelling located in the U.S. (“Settlement Class Members”), you could be included in the Settlement Class. Whether purchased as part of an air handler, or as part of an air conditioning packaged unit, the original coils may have been sold separately or in a heat pump packaged unit (“Packaged Unit”).

Background That Led To The Settlement

The Plaintiffs, or the people that brought the action in court, claim that Lennox makes and sells air conditioning systems and heat pump systems, containing defective evaporator coils that corrode and leak refrigerant, as well as handlers and packaged units. The evaporator coils, which are made using copper tubing, are claimed by the plaintiffs to be susceptible to formicary corrosion, which is caused by a chemical reaction requiring certain volatile organic compounds, water, heat, and the copper tubes, that causes microscopic tunnels to form within the tubing and the coils to leak refrigerant. Additionally, they claim that Lennox: should have informed its customers about the defective evaporator coils; should have manufactured its evaporator coils with coated copper or aluminum tubing; knew or should have known about the defective evaporator coils; and when the coils leaked, should have replaced the defective evaporator coils rather than the refrigerant in the unit. For more information on how unfair business practices harm people, click here.

Where To Go For Questions or A Claim

If you feel like you have been adversely affected by one of the products listed above, visit www.evaporatorcoillawsuit.com. If you’re unsure about whether you may have a claim, visit https://www.evaporatorcoillawsuit.com/faqs.aspx. To reach the attorneys directly, contact Kohn, Swift & Graf, P.C. at (215) 238-1700. For more information on how class action lawsuits help average people, click here.

Williams Sonoma Call-In Shift Allegations

Some of the largest retailers in the United States have been asked by the New York Attorney General’s Office to provide records in an investigation for labor law violations. One of the retailers that received notice of the investigation which is looking into a practice that many retailers call on-call shift scheduling is Williams-Sonoma, Inc. You may have a claim if you are an employee or former employee of Williams Sonoma. If Williams Sonoma or any of its affiliated businesses has scheduled you for call-in shifts which require you to have little advance notice of what hours you will be working, you might be owed overtime pay. Please contact us at 424-245-5505 or through the form on this page.

Background

Williams-Sonoma is in the upscale home and kitchen retail business offering furniture, linens, kitchenwares and housewares, home furnishings, specialty foods and soaps. The parent company Williams-Sonoma, Inc., owns and operates Pottery Barn, Pottery Barn Kids, Williams-Sonoma Home, West Elm, Mark and Graham, Rejuvenation, Williams-Sonoma, and the online stores of the same names. The companies employ hundreds of hourly employees across the United States.

How ”On-Call” and “Call-In” Shifts Work

When employees work “on call shifts,” it is reported that they find out if they are scheduled for work just hours prior to, or the night before the start of a shift. Employees are not paid when they are told to stay home when calling in to check. Reportedly these schedules make it difficult for employees to manage family needs like child care and school schedules. It has been alleged that Williams-Sonoma, Inc. has required employees to remain on-call, and to check in by telephone, text message or email before a scheduled shift to see if they are needed.
This type of labor scheme reportedly allows retailers to adjust staffing based on store traffic forecasts made by scheduling software. Allegedly, the companies can then reduce over-staffing and under-staffing. It has been reported that the “on-call” practice may violate the law, where employers are subject to a rule that says employees who report for a scheduled shift on any day have to be paid for at least four hours at the basic minimum hourly wage. Williams-Sonoma, Inc. reportedly has said it is committed to fair scheduling practices and has stopped this kind of scheduing. Workers have reported that unpredictable scheduling is one of the key challenges facing low-wage workers. For more on this wide-ranging investigation, click here and here.

Fair Labor Standards Act

The FLSA was enacted to protect workers’ rights to fair pay and to protect employees from potential abuse from employers. That section requires that, unless otherwise specified and agreed upon, an employer cannot force an employee to work beyond the maximum number of 40 hours a week. If an employee does work over those 40 hours per week, they must be paid 1.5 times their regular pay for each hour worked beyond the maximum 40 hour week.

Protect What Is Rightfully Yours

It has been reported that the U.S. Labor Department has said it is aware of the on-call shift scheduling concerns and is looking into the matter. For more on how you can hold employers to account for their actions, click here. Our attorneys are investigating on-call shift allegations. To determine whether you or someone you know are eligible to be part of a class action, please contact us at 424-245-5505 or through the form on this page.

Drivers that work for ride-hailing service Uber should be classified as employees, not as independent contractors, according to a recent ruling by a California Labor Commission judge. This decision could mean that independent contractors working for companies like Lyft, which compete directly with and operate under a similar business model as Uber’s, may be entitled to company benefits, higher wages, and greater job security. For more on the labor judge’s ruling, click here.

If you or anyone you know has worked for Lyft as a driver please contact us at 424-245-5505 or through the form on this page.

Lyft Contractor Trouble Background

Lyft reportedly bills itself as a peer-to-peer ride-sharing company, although the company does use drivers as workers. The startup company began in San Francisco in 2012, and reportedly raised $530 million in its most recent round of funding. That total has reportedly brought Lyft’s company value to $2.5 billion dollars. Lyft hires drivers to taxi customers of the company back and forth between destinations. There are many alleged similarities between Uber and Lyft. Reports say that at its most simple level Uber operates a mobile app, which allows consumers with smartphones to submit a trip request that is routed to Uber drivers who use their privately-owned vehicles to pick up and deliver the customer to his or her destination. It is reported that Uber drivers are required to have a fairly new car, a valid driver’s, and clean driving record. Additionally, drivers must have an insurance policy that covers their vehicle for commercial purposes.

Lyft’s business model and requirements for its workers reportedly appear very similar to Uber. It is reported that Lyft drivers use their own vehicles and are required to undergo a comprehensive screening process, which includes an alleged criminal background check and drug screening. Additionally, Lyft, like Uber, uses a mobile app that consumers download for requesting rides and for paying for services by credit card.

Labor Judge’s Ruling

The level of control Uber assumes over its drivers was the main reason the California Labor Commission relied on in its ruling for the former Uber driver. Companies like Lyft and Uber allegedly minimize costs by employing people as freelancers who use their own possessions to provide company services, even as the companies keep a lot of control over workplace behavior. The Commission noted that Uber holds itself out as a “neutral technological platform,” but the reality is that the company is involved in every aspect of the operation. For all the details in the judge’s ruling against Uber,click here.

Protect What Is Rightfully Yours

Lawyers are currently researching class action claims against Lyft in connection with the California Labor Commission ruling. If you work, or anyone you know has worked for Lyft as a driver, you may very well have a claim for compensation. Fill out the form on this page or call 424-245-5505. Contact our attorneys if you have any questions or concerns regarding this investigation.

Urban Outfitters Possible Labor Violations

The New York Attorney General’s Office has reportedly very recently asked some of the largest retailers in America to provide records in an investigation for labor law violations. Urban Outfitters is one of a group of retailers that has allegedly been targeted in the investigation which is looking into practices of on-call shift scheduling. If you are an employee or former employee of Urban Outfitters, you may have a claim. If Urban Outfitters has scheduled you for on-call shifts or designated you or someone you know in this labor category, you might have a claim. This kind of practice which reportedly causes people to have little advance notice on what hours they will be working, may have caused you or someone you know to be owed overtime pay. Please contact us at 424-245-5505 or through the form on this page.

Background

Urban Outfitters, Inc. (Urban Outfitters) is a lifestyle retail company started in 1976. The parent company operates Urban Outfitters, and Anthropologie Group, with merchandise being sold directly to customers through retail store locations, websites, mobile applications, catalogs and customer contact centers. Urban Outfitters markets to young adults aged 18 to 28. The company’s products include women’s and men’s fashion apparel, intimates, footwear, beauty and accessories, active wear and gear, electronics, as well as apartment wares and gifts.
It has been reported that at times Urban Outfitters required employees to remain on-call, spend time undergoing security bag checks, and to assist customers off the clock without compensation for any of these work-related activities. Additionally, A number of companies are reportedly forcing employees check in by telephone, text message or email before a planned shift to see if their services are needed.
Urban Outfitters employees are often allegedly required to work additional time before and after their scheduled shift. Overtime must be paid to workers who work more than forty hours per week. Many employers allegedly often misclassify employees and refuse to pay overtime. Time records are often reportedly changed by striking hours off time records, or not paying people for work before the shift starts and after they punch out for the day.

Fair Labor Standards Act

The FLSA was enacted to protect people from unfair labor practices, protect workers’ rights to fair pay, and to protect employees from potential abuse from employers. The Act requires that, an employer cannot force an employee to work more than 40 hours a week. If an employee does work over 40 hours per week, they must be paid 1.5 times their regular pay for each hour worked beyond the maximum 40 hour week.

Potential Class Action

It has been reported that the U.S. Labor Department is aware of the on-call shift scheduling concerns and is looking into the matter. Our attorneys are investigating on-call shift allegations. For more on this wide-ranging investigation, click here and here. To determine whether you or someone you know is eligible to be part of a class action, please contact us at 424-245-5505 or through the form on this page.