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Flitter Milz represents people with a variety of problems involving consumer credit and collections. If you have a particular question or believe your consumer rights have been violated, Contact Us for a no cost consultation.

The Hidden Risks of E-Signatures

Paperless Contracts can be a playground for fraud

 

E-signatures and paperless contracts have made life faster and easier. In the past, signing a contract meant printing it, signing by hand, mailing it, or meeting in person. Now, with just a few clicks, you can sign from your phone or laptop anywhere in the world. But this speed and convenience come with a dark side. The emergence of digital contracts has created new opportunities for fraud, and in some cases, it’s harder to spot and prove than with old-fashioned pen-and-paper agreements.

Why Fraudsters Love E-Signatures

E-signatures are legally valid in most places, which means they carry the same weight as a handwritten signature. The problem is that many e-signature platforms don’t do much to confirm someone’s identity before they sign. If a crooked salesman gets into your email or other online accounts, they may be able to sign contracts in your name without you knowing. Unlike a physical signature, there’s no handwriting to compare, so proving you didn’t sign can be very difficult.

Identity Theft Has Gone Digital

In the past, stealing someone’s identity often meant forging papers or pretending to be them in person. Now, thieves can buy stolen personal details online and use them to open accounts, take out loans, or make purchases—all without leaving their computer. These fake agreements can be created and signed in minutes. Many victims don’t even find out until they get a bill or a notice from a company they’ve never dealt with.

Forgery in the Digital Age

With handwritten signatures, experts can look for clues—like pen pressure, writing style, and unique letter shapes—to spot a forgery. But with e-signatures, there’s nothing physical to examine. Many systems let you “draw” a signature with a mouse or finger, but a scammer can copy yours from another document or even generate one that looks close enough.

Some platforms also allow typed signatures in a chosen font, which means anyone with your name can create a “signature” that looks official. This makes it easy for someone to forge your approval on contracts, loans, or property transfers without you ever knowing until it’s too late. Once it’s in the system, undoing the damage can take months—or even years—of legal battles.

How to Protect Yourself

When signing electronically, we recommend that you add the date immediately next to your signature. For example, this might look like “John Doe  8/15/2025.” Even if there is a separate space or line for the date, you reduce the risk of loss from a stolen signature by placing the date immediately next to your signature every time.

 

Signing Multiple Documents

If you are signing multiple documents but are asked to place your signature in a little box detached from the document, state an abbreviation of the document right next to your signature.  For example, when buying a car, sign the odometer disclosure as “John Doe 8/15/2025 – Odometer.” Then sign the loan agreement “John Doe 8/15/2025 – Loan Agr.”  This makes it more difficult for a crooked car dealer or merchant to affix your name to something you never signed.

Treat e-signatures like you would any serious financial transaction. Watch for red flags: bills or debt notices for accounts you didn’t open, unfamiliar charges, “confirmation” emails for contracts you don’t recognize, denied credit without reason, or sudden transfers of property. If you believe your identity has been stolen, take these steps.

Seek help from a Qualified Consumer Lawyer

If you see any of these signs—or even suspect something is wrong—act fast. Contact our law firm immediately.

Our attorneys will investigate your concern and evaluate how to undo the damage before it gets worse.  We are here to protect your consumer rights.

Call:  888-668-1225
Email:  consumers@consumerslaw.com

The Danger of Arbitration — Preserve your Constitutional Rights

The United States Constitution guarantees you the right to litigate your case in the courts and the right to a jury trial.  Signing an Arbitration Agreement waives these rights.

 

Don’t Sign Away Your Constitutional Rights!

Consumers may encounter arbitration agreements when purchasing goods or services in various sectors, including banking, credit cards, financial services, home building, insurance and telecommunications.

When financing a vehicle or home improvement, entering a cell phone contract, opening a new bank account or obtaining approval for a credit card, consumers must look to see if there is an arbitration agreement as part of the contract.  It may appear within the written contract, be buried in the fine print or terms and conditions, or possibly in the “Click” of an online agreement.

Businesses favor arbitration

Many consumer-facing companies have trended towards including an arbitration clause in their contracts. This “forced arbitration” is a form of resolving disputes outside of the courts.  Instead of being able to go to trial before a judge and jury, cases are presented to an arbitrator who decides the case.

Consumers will be told that arbitration is a favorable term and that should a dispute and litigation be necessary, it would be faster and cheaper to litigate. Cheap litigation only favors the company—NOT YOU.

 

Avoid being stuck in arbitration.

(1) Do Not sign an Arbitration Agreement
If possible, do not sign an arbitration agreement when signing a contract. Sometimes an arbitration agreement is a stand-alone contract that you are not required to sign. If you are presented with an arbitration agreement, ask whether it is required. Do not agree to arbitration if possible.

(2) Read the Arbitration Agreement
Carefully read the language in the arbitration agreement. Sometimes the agreement will allow you to opt out of arbitration by submitting a request within a given time period. If the agreement permits you to do that, DO THAT! Opt-out clauses are often found in credit card agreements. Once an optout deadline passes, it’s too late.

(3) Negotiate the Arbitration Clause
Negotiate out the arbitration clause in your contract. If you have leverage (like at a car dealership), demand to remove or modify the arbitration clause.

(4) Strike the arbitration clause on the contract and initial the change.
Often many contracts are provided and executed electronically, making on-the-spot changes to a contract difficult or impossible. But if your contract is on paper, strike out the arbitration clause and initial your change. Make it clear that you did not agree to arbitration when you signed the contract, and that you only agreed to the remaining terms.

Seek Help from Experienced  Consumer Lawyers 

Flitter Milz has litigated the enforceability of arbitration agreements countless times. Send your contract for a no-cost legal review. Our attorneys will determine whether your arbitration clause is binding.

You should not have to give up your Constitutional right to trial by jury. 

Call Toll Free: 888-668-1225
Email: consumers@consumerslaw.com

Cary Flitter — Hon. Milton O. Moss Public Service Award Recipient

On Monday, June 24, 2024, Cary L. Flitter was awarded The Honorable Milton O. Moss Public Service Award by the Montgomery Bar Foundation. Since 1986, each year the Foundation honors a Montgomery County resident who has provided exceptional service in support of the justice system.

Cary stated, I am truly honored to receive this award. The practice of law carries great responsibility.  As lawyers, we are permitted to represent clients before courts and tribunals at all levels, or out of court handling their business affairs, their family issues, their work or health issues, and in some cases their freedom. Our goal is to pursue justice.

Cary Flitter has devoted his legal practice to advocating consumers rights against finance companies, debt collectors, repossession agents, lenders and credit reporting agencies. Many of Cary’s cases have been pursued as class action lawsuits where the courts’ rulings have brought groundbreaking decisions that have benefited consumer rights nationwide.

About Judge Milton O. Moss

Judge Moss graduated in 1956 from the University of Pennsylvania Law School.  After passing the bar he entered the United States Air Force and served as a JAG prosecutor in the British Isles.   At the age of 37, he ran and was elected District Attorney of Montgomery County in 1967.

In 1970, District Attorney Moss argued a case before the U.S. Supreme Court, Bruno v. Commonwealth of Pennsylvania. The issue was whether a mentally ill, and arguably incompetent murder-suspect, could be confined to a mental hospital indefinitely without being charged and tried.  With Bill Nicholas, then the 1st Assistant District Attorney (later judge) at his side at counsel table, D.A. Moss won the case.

In 1975, Moss was elected to judge of the Montgomery County Court of Common Pleas.  Sadly, Judge Moss suffered from health issues and passed away in 1980 at the age of 49. Contemporaries have described Judge Moss as “brilliant, personable, dynamic, and scintillating.”

 

Cary L. Flitter — Super Lawyer for 20th Consecutive Year

Cary L. Flitter

Cary L. Flitter, founding member of Flitter Milz, PC, was selected for inclusion in Super Lawyers Magazine for the 20th straight year.

Super Lawyers is a prestigious, annual list that highlights attorneys who have distinguished themselves in their legal practices. Attorneys are selected based on peer recognition and professional achievement for their designations. A research committee makes the final determination through a rigorous process that includes independent research, peer nominations and peer evaluations.

Cary is known as a national expert in consumer protection law with decades of experience standing up for the rights of consumers in individual and class action cases.  His 20th consecutive selection by his peers recognizes his enormous contribution to furthering the rights of consumers in Pennsylvania and beyond.  Cary has been a Super Lawyer each year from 2005 to the present, and has previously been named a “Top 100” Super Lawyer for both Pennsylvania and Philadelphia.

Flitter Milz Attorneys recognized as 2024 Super Lawyers

In addition, the May 2024 edition of Super Lawyers has included Flitter Milz attorneys Andy Milz in its publication for the 11th consecutive year, and
Jody López-Jacobs as a Rising Star for the 4th straight year.

 

Pictured (l-r):  Andy Milz, Jody López-Jacobs

 

Legal Help from Consumer Law Attorneys

Flitter Milz looks forward to continuing to achieve successful results for consumers that have suffered the challenges of every day consumer credit matters involving credit reporting privacy and accuracy issues, wrongful vehicle repossessions, and unfair or deceptive business practices. Contact us for a consultation at no cost.

Consumer Law Success at Pennsylvania’s Supreme Court

 

Dwyer v. Ameriprise Financial

On April 25, 2024, the Supreme Court issued a precedential opinion in Dwyer v. Ameriprise Financial siding with the consumer Plaintiffs, affirming the broad remedial nature of Pennsylvania’s flagship consumer protection law, the Unfair Trade Practices and Consumer Protection Law (UTPCPL).

Liberal Damages Award under UTPCPL

The Supreme Court held that the trial court could not use a jury’s common-law punitive damages award or the award of statutory attorney fees to limit the availability of treble (triple) damages under the UTPCPL.  Rather than being interchangeable with punitive damages, treble damages under the UTPCPL are a separate remedy available to consumers wholly independent of any entitlement to punitive damages or attorney fees.

The Court reiterated the UTPCPL’s purpose “to benefit the public at large by eradicating” unfair acts and practices and the Act must be read “liberally to effect its object of preventing unfair or deceptive practices.”

Amicus Brief Authors

Flitter Milz, PC attorneys Cary Flitter, Andy Milz and Jody Lopez-Jacobs, along with Community Legal Services of Philadelphia and other top consumer rights law firms co-authored an amicus brief in the Pennsylvania Supreme Court on behalf of the National Consumer Law Center, the National Association of Consumer Advocates and various legal aid organizations. This “friend of the court” brief called on the Court, “once again, to protect the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. §§ 201-1 to 201-9.2 (“UTPCPL”), from narrow, restrictive interpretations that deny consumers the full scope of the remedial relief mandated by the statute.”

“It’s good to see the Court reiterate the importance of a strong consumer protection law to allow consumers to level the playing field when dealing with big business,” said FlitterMilz.

This same group of consumer attorneys co-authored a successful amicus brief in an earlier Supreme Court decision, Gregg v. Ameriprise, in which the Pennsylvania Supreme Court ruled that a Consumer Protection Law claim built on “deceptive” conduct need not prove the intent of the merchant who made the deceptive statement.  Both cases from the Pa Supreme Court move the state’s consumer protection law in the right direction for consumers.

 

Consumer Lawyers Fight to Support Lower Prescription Drug Prices

Drug companies have filed lawsuits in courts across the country challenging the Constitutionality of the new Inflation Reduction Act (IRA) of 2022.  Four of these cases were filed in the U.S. District Court for the District of New Jersey.

NJ Federal Court sides in support of the IRA

On April 29, 2024, the federal court in the first of these New Jersey cases sided with the government and the arguments raised in amicus briefs filed by Flitter Milz attorneys Andy Milz and Jody Lopez-Jacobs, along with lawyers from Public Citizen and other top-notch public interest law firms. The amicus briefs asserted support of the US government’s effort to curb high drug prices.

The federal court issued an opinion dismissing the challenges to the IRA’s drug price cutting measures raised by the big drug companies Bristol Myers Squibb and Janssen Pharmaceuticals.  Our amicus briefs can be found here: Bristol Myers Squibb; Novartis Pharmaceuticals; Novo Nordisk

“We’re gratified by the Court’s ruling in this case and happy to be part of a top-tier team that made it happen,” says Milz.  “Whenever we can help consumers, particularly the elderly, save money on necessities, we consider it a job well done.”

 

The Inflation Reduction Act of 2022

The IRA contains several reforms designed to lower the high cost of prescription drugs and make them more accessible to patients, including seniors enrolled in Medicare. The program relies on a process in which the Department of Health and Human Services (HHS), which is responsible for implementing Medicare, and the manufacturer of selected drugs negotiate the prices at which drugs will be made available to Medicare providers and drug plans.

Other such challenges are still in litigation in New Jersey federal court and around the country.

Consumer Laws Protects the Military

Flitter Milz Attorneys meet with JAG officers at local bases to discuss Military Consumer Law

This past summer our attorneys visited Joint Base McGuire-Dix-Lakehurst in New Jersey and Dover Air Force Base in Delaware to educate military lawyers (commonly known as Judge Advocates General or “JAGs”) about common scams targeting servicemembers and how consumer protection laws exist to give our men and women in uniform some measure of relief.

Scams to our Servicemembers

Young and impressionable servicemembers often become targets of scammers.  Factors such as reliable pay checks and great military benefits, as well as being subject to sudden deployment and relocation, make servicemembers easy prey for payday lenders, buy-here-pay-here auto dealers, and sub-prime finance companies.

The Law is on your side

Fortunately, the “Military Lending Act” places caps on interest rates to be charged, mandates certain disclosures, and prohibits the use of arbitration clauses in credit agreements. A violating seller can face punitive damages and having to pay the servicemember’s attorney fees.

 

The “Servicemembers Civil Relief Act” or SCRA provides additional protections. It says a creditor may not take a default judgment against an active servicemember.  SCRA requires a landlord abide protections for leasing rentals to active military, and empowers courts to stay (or temporarily halt) certain foreclosure and repossession proceedings.  The servicemember can also seek damages and their attorney fees for a violation.

Consumer Protection Laws for Servicemembers

Of course, all the other consumer protection laws Flitter Milz, PC routinely uses are also available to servicemembers. We have had military clients utilize the Fair Credit Reporting Act (FCRA) to remedy errors on their credit profiles that kept them from getting a promotion or security clearance.  Others have used the Fair Debt Collection Practices Act (FDCPA) to stave-off harassing collection attempts and repos.  Over all, we have helped thousands of consumers get relief from abusive commercial practices.

Seek Legal Help at No Cost

Flitter Milz is a nationally recognized consumer protection law firm that assists servicemembers who have become victim to credit reporting privacy and accuracy violations, abuse from debt collectors, and vehicle repossessions by aggressive lenders and repo agents.

If you’re a servicemember who has been exposed to unfair, fraudulent or deceptive conduct by a business, CONTACT US for a no cost consultation.  We may be able to help.

Pictured above:  Attorneys Cary Flitter (center), Andy Milz (left), Jody López-Jacobs (right).

Timeshare Deception Lawsuit: Jury Awards over $1M to Consumers

 Pictured:  Attorney Joe Solseng, Clients Jay & Carmen Seda, Attorneys Andy Milz & Dave Ricci

ATLANTIC CITY, N.J.Oct. 6, 2022 /PRNewswire/ — A Superior Court jury in New Jersey decided in favor of consumers deceived by timeshare seller FantaSea Resorts, awarding the plaintiffs a $1,069,285 verdict for the Atlantic City resort’s intentionally deceptive sales practices. The victory for consumers was championed by Schroeter Goldmark & Bender along with partners, Flitter Milz, PC and the Law Office of David Ricci.

The jury verdict will compensate a group of 19 plaintiffs whose consumer protection rights were violated by repeated misrepresentations throughout FantaSea Resort’s routine, deceptive sales practices. The jury agreed that FantaSea’s tactics left consumers with timeshare purchases they couldn’t use as described, with payments and rising maintenance fees they couldn’t escape.

“FantaSea stacked the deck against these families from the start,” said Joe Solseng, attorney with Schroeter Goldmark & Bender. “We’re grateful for the jury’s hard work and their willingness to hold FantaSea accountable for its systemic lies and deception, which turned a promised fantasy into a nightmare.”

In trial, FantaSea Resorts admitted to making knowingly false statements to lure potential buyers into binding timeshare sales agreements through a sales process that violated the New Jersey Real Estate Timeshare Act (RETA). According to court documents, FantaSea intentionally withheld important sales documents from the buyers until after they had completed the transaction, contrary to what they are legally required to do.

FantaSea, a participant in the Resort Owner’s Coalition (ROC) of the American Resort Development Association (ARDA) whose properties include its Flagship, Atlantic Palace and La Sammana resorts, also misled consumer plaintiffs into believing that their purchase was a real estate investment that would increase in value over time. Instead, plaintiffs in the suit found that they were not only unable to sell their timeshare purchase but that it had effectively no resale value.

“FantaSea Resorts had every opportunity to change its deceptive practices and comply with consumer protection laws before these plaintiffs were forced to bring this lawsuit against them. These families simply wanted out of these oppressive contracts, but FantaSea doubled down  on their deception and made these families bring their case to trial. We hope this verdict sends a message that fraud of this nature won’t be tolerated,” said attorney Andrew Milz with Cherry Hill, New Jersey-based law firm Flitter Milz, PC.  

FantaSea Resorts admitted to committing multiple violations throughout the sales process by failing to inform buyers of required legal disclosures and withholding important documents that revealed details about the timeshare until after the buyer had signed a purchase and sale agreement.

What’s more, FantaSea’s timeshare sales were rigged so that timeshare owners would routinely pay more for a vacation stay than non-owners, according to court documents. In one case, over the length of the plaintiff’s 10-year mortgage, she would pay more than $17,000 for five one-week stays throughout the decade. A non-owner would pay just $3,965 for those same five stays. Even if the plaintiff continued to use her timeshare after her 10-year mortgage was paid off, it would take more than 150 years to break even with the non-owner. Another plaintiff testified at trial that it would take him 168 years to break even with a non-owner. Pictured above:  Attorneys Joe Solseng (l), Andy Milz (r), & Clients Brian & Jenny Roward

“What’s concerning for consumers is that business models like these, that are intentionally built to take advantage of good people, are not unique to FantaSea – and in fact, there are many resorts in the timeshare space that are even more egregious in their deceptive practices,” Solseng said. “I don’t recommend that anyone attend a timeshare presentation, no matter how much they entice you with gifts.”

Solseng added, “FantaSea and certain other ARDA timeshare outfits often use the word ‘Vacation Ownership’ so as to not call it a timeshare. But it’s a timeshare through and through, and the so-called vacation ownership can quickly turn into a vacation nightmare. We hope that the jury’s verdict and nullification of these FantaSea contracts will help other FantaSea timeshare owners and their lawyers. We hope this verdict is a way forward for plaintiff’s lawyers across the country to help timeshare consumers who are in the same position our clients were.”

About Plaintiffs Counsel

Flitter Milz, P.C. 

Flitter Milz, PC, with offices in PA, NJ, and NY, is a nationally recognized leader in consumer protection law, with over 30 years’ experience in the field. The firm represents victims of finance fraud, illegal vehicle repossessions, unfair debt collection practices, credit report errors, civil rights abuses, and other consumer protection matters in individual and class action cases.  Pictured:  Cary Flitter (center), Andy Milz (left), Jody López-Jacobs (right).

Schroeter Goldmark & Bender

Founded in 1969, Schroeter Goldmark & Bender (SGB) is a nationally recognized law firm based in Seattle that holds the most powerful companies, government agencies, and people accountable for their wrongdoing. SGB focuses on representing individuals in consumer protection cases, along with injured persons in aviation, asbestos and mesothelioma, catastrophic injury, brain/spinal cord injury, medical malpractice, unsafe products, wrongful death, sexual assault and harassment, as well as individual and class action employment cases. The firm believes the law is a force of good and is committed to achieving justice for people who have been harmed.

Flitter Milz Attorneys published in widely-used legal treatises

Repossessions

Andy Milz is a contributing author to REPOSSESSION, National Consumer Law Center (10th ed. 2022) Carolyn Carter, Andrew Milz, et. al., considered the leading legal reference book on consumer repossession issues in the United States.  This reference  appears on the shelves of courthouses and law libraries across the country and provides detailed and comprehensive coverage of repossession law throughout all 50 states.

Pennsylvania Consumer Law

Cary Flitter and Andy Milz recently edited three chapters in PENNSYLVANIA CONSUMER LAW, Carolyn Carter, et. al, Geo. Bisel Co., 2d ed. Supp. (2021).  Annually, Flitter and Milz edit chapters on The Law of Repossessions, Attorneys’ Fees for Consumer Litigation, and Odometer FraudThis treatise is considered the leading authority on consumer protection law in the Keystone state.

Flitter Milz is an experienced consumer protection law firm in the area of consumer credit finance and auto repossession law.  The firm has recovered tens of millions of dollars for borrowers who have become victim of wrongful repossessions.  Our attorneys have the experience and knowledge to win your case.   Contact us, for a consultation at no cost.
Pictured:  Cary Flitter (center), Andy Milz (left), Jody López-Jacobs (right).

Flitter Milz IN THE NEWS!

Flitter Milz has been recognized recently for support of various organizations within Philadelphia’s Legal Aid Community.  Through the pursuit of class action lawsuits where justice is sought for an entire group of consumers who had become victim of the same type of illegal treatment, Flitter Milz has worked to direct court designated cy pres funds to Legal Aid Programs, law school clinical programs and other consumer non-profits for use to help serve the needs of legal aid’s low-income consumer clients.

Community Legal Services of Philadelphia

Flitter Milz was presented with the Equal Justice Award in recognition of support to legal aid programs that allow low-income consumers to seek economic justice.

Pictured with the Equal Justice Award, l-r:  Attorneys Cary Flitter, Andy Milz and Jody López-Jacobs (right).

 

 

 

 

Legal Aid of Southeastern Pennsylvania — Fête 4 Justice Honoree

Cary Flitter was honored in May 2022 at the Fête 4 Justice hosted by Legal Aid of Southeastern Pennsylvania for his continued support of their mission to provide free civil legal aid to low-income consumers in Bucks, Chester, Delaware and Montgomery counties which surround Philadelphia, Pennsylvania.

Cary L. Flitter, LASP Honoree

 

Philadelphia Legal Assistance  —  Jubilee for Justice

The commitment to helping low-income Philadelphians receive free civil legal services over the past 25 years gave cause for Philadelphia Legal Assistance to celebrate.  Flitter Milz was a proud sponsor to this anniversary event.

Experienced Consumer Protection Lawyers

Law Teaam at Consumers LawFlitter Milz represents people in individual and class action lawsuits with legal problems involving consumer credit transactions. Our attorneys evaluate whether a consumer’s rights have been violated — at no cost to the consumer — in matters related to credit reporting accuracy and privacy violations, wrongful vehicle repossessions, abuse from debt collectors, and consumer frauds, such as solar panel sales fraud.  Contact Us to discuss your consumer credit concern.