Understanding Consumer Law

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We hope the articles below help you understand your rights as a consumer. You can scroll through the titles, or sort by Practice Area or Topic. You can also use the search feature to locate information by keyword.

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.

Consumer Law

Robocalls — Are you a Victim?

If your phone rings with spam calls or unwanted text messages, you are not alone. Some calls are just a nuisance. Others may feel like harassment. These calls, commonly referred to as robocalls, are not only stressful and but possibly a violation to your consumer rights.

What is a robocall?

Robocalls are automated calls used by a computerized auto dialer to deliver  a pre-recorded or artificial voice message. Sometimes the call may come from a live person. While some calls or texts, like appointment reminders, are legal with consent, most unsolicited sales robocalls are illegal.

Federal Law:   Telephone Consumer Protection Act (TCPA)
The TCPA limits how companies can call and text you. The law focuses on robocalls, which often are calls that use a recorded or automated voice. It also applies when companies use automatic dialing systems to send out large numbers of calls or texts at once—even if there is a live person calling you.

Whether calls come from telemarketers, debt collectors, or even well-known businesses, if they break the law, they can be held responsible. The TCPA authorizes penalties of $500 to $1500 for each illegal call or text.

Consumers must provide consent for Robocalls

In most cases, companies must obtain your express prior consent, or have an established business relationship, to make automated communications with you. If you did not provide permission to receive these types of calls, they are not allowed to call or text you.  If you have informed the company to stop contacting you, they are to stop calling or texting. If they continue contact, there may be a violation of your consumer rights.

Important Steps to Take

If you are getting unwanted calls or texts, take the following steps:

1)  Tell the caller to stop contacting you.
2)  Save text messages or take screenshots of all contact.
3)  Create a log of all contact showing dates, time of day, name of caller, etc.
4)  Write to the caller and request their contact with you stop.
5)  Do not share personal information with unknown callers.

Seek Qualified Legal Help

Flitter Milz will evaluate robocalls that have been placed to you.  We will review the steps you’ve taken to get the calls to stop and determine how to hold the caller accountable.

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

Authorized vs. Unauthorized Electronic Payments: Why the Difference Matters

Electronic payments are part of everyday life. Using a debit card, withdrawing cash from an ATM, paying bills automatically, sending money through a payment app, or receiving your direct deposit all involve moving money electronically into or out your bank account. These payments transact very quickly and often without a paper record. Correcting the errors can be very challenging and time consuming.

When banks fail to properly handle disputed transactions, or withhold funds in bad faith, consumers may be able to pursue a lawsuit against the bank. Do not assume the bank’s denial of your request for refund or refusal to correct an error is final. You have rights.

What is an Electronic Transfer?

Legally, an “electronic transfer” is considered one where money is moved between accounts using computer-based systems that rely on secure networks to send electronic instructions between financial institutions. Transactions initiated by check or telephone are not considered electronic transfers.

What is an Authorized Transaction?

Authorized transactions are ones that have been initiated or approved by the consumer, even if the purchase is regretted later or the consumer believes he or she was misled. Frequently, banks deny reimbursement and claim the payment was authorized. For example, when a consumer provides a debit card number and account security codes to a merchant for a subscription or product, and funds are transferred through a payment app, banks often regard those payments as authorized.

What is an Unauthorized Electronic Payment?

An “unauthorized” electronic payment is one that was not approved, not expected, and where no benefit was received by the consumer. Often this occurs when a debit card is stolen, account information is compromised, or someone gains access to online banking accounts without the consumer’s knowledge.

The difference between authorized and unauthorized fund transfers is not always clear. Sometimes the consumer may be a victim of identity theft.  Unauthorized transactions may occur once account credentials are stolen. As well, access to accounts for withdrawal or transfer may become limited.  Consumers have legal recourse when banks limit or freeze access to accounts in error.

Review Account Statements for Accuracy

Consumers must review bank statements regularly for accuracy and evaluate whether any listed transactions are erroneous. If a transaction was made without permission, there are two questions: Who is responsible for the error? Should the bank return the funds, or is the consumer left responsible for the loss?

5 Steps to Correct Unauthorized Transactions

Speed matters. Consumers may have strong protections to unauthorized transactions, however, it is mandatory that consumers review bank statements for accuracy. If a merchant or transaction amount is unfamiliar or incorrect, promptly take these steps.

1) Send a WRITTEN dispute within 60 days via Certified Mail of a transaction appearing on the billing statement.
2) Clearly state the issue and provide details related to date, errors, and steps
you would like the bank to take.
3) Enclose a copy of the billing statement with the disputed item highlighted.
4) Attach supporting documents which illustrate the error, such as:
-Records showing your location elsewhere (i.e. parking receipts, flight tickets,
geolocated photos, etc.);
-Proof that your card was in your possession; or
-Written or dated communication with the merchant showing you did not
authorize the purchase.
5) Request a written reply with confirmation that the dispute was addressed.

Once the bank receives the written dispute, they may provisionally credit your account for the amount of the erroneous transfer. However, they will follow procedures for investigation of the issue. A determination will be made of whether the transaction was actually approved by you. A written reply will be sent identifying the next actions.

Seek Qualified Legal Help

Flitter Milz attorneys evaluate matters where consumers identify suspicious electronic funds transferred from bank accounts. Contact us for a no cost consultation to determine whether the consumer protection laws have been violated.  Toll Free:   888-668-1225

 

Attorneys (l-r): Andy Milz, Ed Flitter, Cary Flitter, Jody López-Jacobs

What You Should Know About the Use of E-Signatures

Electronic signatures—or e-signatures—are everywhere. We click “Agree” or type our name on a device to open bank accounts, purchase vehicles, rent apartments, or accept online terms. Before you sign electronically, here’s what to know.

Are E-Signatures as binding as an actual “Wet Ink” Signature? Not Always!

An e-signature can be as valid as a handwritten one, but only if certain rules are met. Businesses must get your consent to use electronic records. As well, they must prove you can open and read them.  Often a test file is sent to the consumer to confirm receipt. The business must also inform the consumer of the following:

1. The option to receive paper copies
2. The option to withdraw consent at anytime, and explain how to do it.
3. Whether consent applies to one deal or all future ones.
4. How to update contact information.
5. The type of device or software is needed to receive communications.

These safeguards exist so that consumers are not tricked into signing documents that may be difficult to see online or save. 

What is an “E-Signature”?     

The term “e-signature” is more than a digital image of your written signature. The law defines “electronic signature” broadly. It is any sound, symbol, or process used to show intent to sign a document. E-signatures can be:

      • Typing your name at the end of an email
      • Clicking an “I agree” button
      • Uploading an image of your handwritten signature
      • Saying “yes” in a recorded call.

The key is intent—you must intend to sign the electronic contract that your signature is applied to. But some companies may forge or copy and paste e-signatures to contracts that were never approved by the consumer. Forging an e-signature is illegal, just like forging a signature in ink on paper.

What “Metadata” Reveals

When you sign electronically, the system stores “metadata”, or hidden information that proves authenticity of the electronic document. Metadata
can show:

  • Personal information: name, email or IP address
  • Time and place: exact date, time and location when a signature was applied
  • Device details: the computer, phone, tablet, or other device used to apply the signature
  • Security codes: Digital ID that shows the file was not changed.

Metadata can even show whether a signature was forged—like proving it came from a location you had never been or device you never used.

Are ink signatures on paper documents still required? 

While e-signatures are legal on many documents, some notices, such as those listed below, are required to be delivered in paper form and signed in ink.  This is to insure that the person is fully informed and in agreement with the document.

      • Car repossession or mortgage foreclosure notices
      • Utility, insurance, or benefit cancellations
      • Eviction notices
      • Lawsuits
      • Product recalls or safety warnings
      • Documents involving hazardous materials

The Bottom Line

Be cautious.

E-signatures are fast and convenient. Used correctly, they are safe and legally binding. However, salespeople are trained to guide consumers in the purchase process and make them feel comfortable to get an e-signature on the documents they need.

Do your due diligence BEFORE e-signing
1) Take time to read all documents that are signed.
2) Get all questions answered.
3) Do not feel pressured to sign.
4) Request a paper copy of all documents showing your e-signature.
5) Maintain a complete file with all documents, handwritten notes, emails, text and phone messages.

Seek help from a qualified consumer law firm

Was your e-signature forged on a document? Were you tricked into an agreement?
Contact us.
Flitter Milz has helped many consumers across the country hold companies accountable for electronic forgery and deceptive practices in the use of
e-signatures.

For a no cost legal evaluation.
Phone:   888-668-1225
Email:    consumers@consumerslaw.com

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

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).

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 Fraud.  This 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.