How to Use this Resource

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

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.

 

Protecting Your Credit During a COVID-19 Holiday Season

The holiday shopping season is, under normal circumstances, a big stressor on the wallet. But this year proposes to be even more difficult than in years past, given that the global COVID-19 pandemic has led to massive job losses and financial hardships for people far and wide. Although the federal CARES Act offers some flexibility to consumers for payment of debt and subsequent credit reporting, it is important to consider the ramifications of over-spending on your credit rating, credit report and credit score.

Spending Habits Impact your Credit

The danger in over-spending comes when that monthly bill is due, and you are still unable to come up with the cash to pay it off.  Not paying credit card bills on time is one of those factors that will negatively affect your credit score and reports. By keeping spending habits under control, you can protect your credit and improve your ability to obtain new credit.

Buy now, Pay later?  You must be disciplined.

Using a credit card makes it easy to over-spend, especially during the holidays. The freedom of making purchases with a credit card today, could make it difficult to pay the bill the following month if purchases get out of hand.

But not paying obligations timely is one of those factors that will negatively affect someone’s credit score.  When you are unable to pay off your charge card in full at the end of the month, interest will continue to run on those purchases, plus all future purchases, until the entire credit line is paid off.  Your credit score and credit reports can take a hit when your payment history shows missed or late payments.

Monitor your Credit Score and Credit Report

Credit reports and credit scores help reflect an individual’s financial picture. They are tools used to determine someone’s creditworthiness to lenders, help landlords make a determination as to whether you qualify as a trustworthy tenant, and are used by potential employers who are screening job applicants.

 

Credit Reports
The Fair Credit Reporting Act is the federal law that regulates the credit reporting agencies. The bureaus must list consumer’s information accurately.  Consumers may obtain a free credit report every twelve months to check their reports for errors.  When information is listed inaccurately, the consumer must send a written dispute to the bureau and request a correction to the report.

Credit Scores
Credit scores indicate to a prospective lender how likely the consumer is to pay back the obligation on time and in full.  Scores are determined by a number of factors including:

    • The type of credit held by the consumer, such as credit card accounts, home mortgages, vehicle loans, and any other debt.
    • Credit history, as in the length of time someone has held an account.
    • The total amount of existing debt that someone has in his or her name.
    • Payment history, whether scheduled payments are made in full and on time.
    • Credit activity, or the frequency a person has applied for a credit account, as well as the number of credit inquiries.
    • The percentage of available credit used.

Seek Legal Advice

Flitter Milz is a nationally recognized consumer protection law firm that represents people with credit reporting accuracy and privacy issues, contact from abusive debt collectors and wrongful repossession. If you are someone who has suffered a hardship during the pandemic and feel as though your consumer rights have been violated by the credit bureaus, a lender or debt collector, Contact Us for a no-cost evaluation.

 

What if I never Got a Contract or my Notice of Right to Cancel?

Smiling fast talking salesman

These days, a lot of alarm systems, pest control services, or solar panel systems are sold by door-to-door salesmen who may knock on your door out of the blue.  They may talk fast, and confidently, offer you a deal that sounds too good to be true.  Often it is. 

Continue reading What if I never Got a Contract or my Notice of Right to Cancel? →

Overwhelmed by debt? Bankruptcy may not be the answer.

What Happens When I Declare Bankruptcy Consumers Law

Bankruptcy may be an opportunity for a fresh start, however, it is not without consequences. Often the ripples resonating from bankruptcy can affect your financial life for many years to come.

If you are overwhelmed with debt, you may want to consult with a consumer protection attorney.  The consumer protection laws provide protections from abusive collection tactics used by collection agencies and law firm collectors.

Continue reading Overwhelmed by debt? Bankruptcy may not be the answer. →

Consumer Protection Laws – Helping Consumers from Deceptive Business Practices

What do all of these things have in common?

  •        A business that misleads its customers through false advertising.

  •        A group of people who try to set up a pyramid scheme.

  •        An auto dealership that winds back the odometer before selling a used car.

 

Continue reading Consumer Protection Laws – Helping Consumers from Deceptive Business Practices →