With “Black Friday” and “Cyber Monday” now in the bag, all the remains is the Christmas holiday shopping season. Problem is, the tail-end of November and lion’s share of December are a time when massive amounts of commerce is conducted. According to a Nov. 24, 2017 USA Today article, in-store shopping was as much a draw for some this “Black Friday” as was online shopping. As one Jersey City, New Jersey resident told the newspaper, her shopping would run the gamut – all the way from Walmart to a Gucci outlet in search of “good deals” that are “hyped” by the stores. It’s this wide range of shopping options that has spurred law experts and law enforcement to offer safe shopping tips this holiday season. According to New York-based consumers’ rights attorney Jeffrey Benjamin, guarding your personal and financial property is just one step of the safe-shopping equation.
In the same vein, the New York State Attorney General’s Office has similarly offered up a number of tips to protect shoppers against fraud and theft. According to Attorney General Eric T. Schneiderman, “misleading bargains” can be a fool’s errand for those out shopping early and often. That’s because slashed prices could have come after unseen mark-ups. On top of deceiving discounts, the attorney general’s office suggests that consumers learn the refund policies at the point of sale. This way, you’ll know exactly what your rights on when it comes to getting cash back or trading in after Christmas.
“As New Yorkers begin making holiday purchases for family and friends, they should know that some deals are too good to be true,” Attorney General Schneiderman said in a Nov. 22, 2017 press release. “We encourage consumers to follow our tips to protect against fraudsters and ensure they spend their money wisely and safely this holiday season.” Another warning worthy of mention is using your credit card over debit bank cards. The reason for using the former over the latter is that there’s rarely a desire from thieves to scoop up credit card information, as it’s tied to a “line of credit from the issuer” and “each purchase is essentially a loan you must repay later, often with high interest.”
Lawyer Jeffrey Benjamin is well-versed in the New York Deceptive Practices Act and has tried court cases under it. Many of the warnings that the state attorney general’s office has put out – especially the unsolicited prize promotions and other contests – tie back to consumers’ rights and attempts at fraud by less-than-noble merchants. Such promotions, sweepstakes and contests are a way for operators to collect and sell your personal information, authorities say, and are best avoided as you shop online or in brick-and-mortar stores.
Long before the Volkswagen scandal about deceptive emissions testing, General Motors (GM) was under fire for its faulty ignition switch in many makes and models. Scrutiny into the faulty switch, which caused some cars to unexpectedly shut off and airbags failing to deploy, began in early 2014. On Oct. 19, 2017, the New York State Attorney General’s Office announced that it had reached a $4.3 million settlement with GM out of the entire payment of $120 million that will be shared by 49 other U.S. states. What’s more, GM had already forfeited $900 million to the federal government and this is only the latest blow to the auto maker. The fact that GM instituted recalls of millions of their motor vehicles — but apparently knew of the defect during the production process for at least 10 years — is of interest to lawyer Jeffrey Benjamin to say the least. The deaths of 124 motorists that were attributed to the ignition defects is both a travesty and a tragedy, Mr. Benjamin added, but it also displays exactly why consumers’ rights are crucial to pursue.
According to the New York State Attorney General’s Office, the settlement is the culmination of the multi-state investigation into the ignition switch defects. According to previous media reports, the key could rotate while in the ignition and cause certain unexpected consequences and malfunctions of vehicle systems. According to a press release from the attorney general’s office, the settlement was reached because GM failed to “disclose in a timely manner known safety defects associated with unintended key rotation.” When considering the facts of the case and the lengths to which an attorney in Georgia went to obtain internal GM documents during the first lawsuit stemming from GM ignition defects, lawyer Jeffrey Benjamin believes that reaching a settlement with the car company was the right thing to do. New York State Attorney General Eric T. Schneiderman didn’t mince words in announcing the agreement and stated his stance clearly, claiming that the car company “turned a blind eye.”
“Instead of prioritizing customers, General Motors turned a blind eye for years and chose to conceal the safety defects associated with several models of their vehicles,” Schneiderman said in the press release. “New Yorkers should not have to worry about their steering or brakes failing or their airbags not deploying when they get behind the wheel.”
According to the release, the states that sued GM claimed that their negligence over the switch was unfair, deceptive and violated consumer protection laws – including New York’s executive law and general business law. Lawyer Jeffrey Benjamin, who is located in the New York area, has represented clients in court and tried cases that involve the New York Deceptive Practices Act. Given his experience when it comes to consumer rights and the honest policies that GM should have adopted a decade ago, the culmination of this case is encouraging. To those who’ve experienced fraud or suspect that they may be the victim of such practices, Lawyer Jeffrey Benjamin suggests that you find a skilled and experienced legal professional for you in court.
A verbal agreement sometimes isn’t enough to get the job done. In that case, written contracts serve as a commitment and — when viewed through the eyes of the law — is a binding one where both parties must uphold their end of the bargain. This is the point of view of New York-based attorney Jeffrey Benjamin, who specializes in consumers’ and businesses rights. His years of experience in the court room as a trial-tested attorney who has argued on behalf of clients in numerous jury and judge trials over two decades. Mr. Benjamin, has tried a variety of consumers’ rights and business litigation cases in court. They include breach of contract claims, deceptive practice cases, fraud, federal law violations, predatory lending, identity theft and alleged violations of state consumer fraud and warranty claims.
What do those who retain New York lawyer Jeffrey Benjamin stand to when in a legal bind? Plenty, especially when you consider his past successes in the court room. For example, a landmark fraud case ended in June 2010 with a favorable jury verdict and a $200,000 verdict. Just one month before that, he achieved a successful verdict in a May 2010 case between two construction contractors. Mr. Benjamin, works by the motto in his law practice: “Don’t be a victim. Fight fraud, and pursue your legal rights.”
If you’ve been named in a lawsuit or think that you have a solid legal case against someone, trusting a skilled trial attorney is one of the wisest decisions you can make. That’s because aggressive lawyers will argue to a jury or judge that your claims should win. And With a strong group of legal experts beside him, Mr. Benjamin’s partnerships mean you’ll have additional resources on your side which is critical when you’re going up against the larger corporations with seemingly endless resources.
The cloak-and-dagger demolition of a Revolutionary War-era home that reportedly stood in the way of a highway expansion project has drawn a lawsuit from those who sought to protect the structure from a state wrecking ball.
According to The Philadelphia Inquirer, a historical society in Camden County, New Jersey claims that the March 3rd, 2017, demolition was done at dawn without notice and its court filing seeks a replica of the home, museum or monument erected in its place. The lawsuit names the New Jersey Department of Transportation (DOT), the U.S. Department of Transportation and the Federal Highway Administration as defendants. According to attorney Jeffrey Benjamin, it’s the State v. the Consumer-resident related litigation like this that needs strong representation in court to resolve such a serious dispute.
“The [New Jersey Department of Transportation] acted out of spite,” the president of the local historical society told an area newspaper at the time, adding that the demolition was a “despicable” move done in “the middle of the night.”
Previous reports indicate that the preservation efforts of the home, where a local militia captain lived during the Revolutionary War, were under way. What’s more, historical records show that revolutionaries did battle with British soldiers on the grounds during the war. However, a $900 million highway project immediately next to the property was also unfolding and the state DOT had deemed the property to not be historic, as numerous structural upgrades had been made in the centuries since its construction.
“There are stringent federal requirements that must be met to deem a structure historic. Despite assertions by some, the house failed to meet the criteria for the necessary historic associations,” a statement from the state’s DOT read in part.
While the Inquirer article notes that the DOT hasn’t responded to pending litigation, attorney Jeffrey Benjamin says this kind of sneaky, thief-in-the-night conduct begs to be heard in a Court of law. As a skilled trial attorney who has represented clients in the construction field of eminent domain and consumer protection before, Jeffrey Benjamin knows that certain adversaries in litigation can have many drastically disproportionate resources at their disposal than he does. Such a substantial and wide-ranging case as the one described here demands the right attorney aggressive enough to take on the juggernaut like a governmental entity with endless resources.
A breach of contract case out of Petal, Mississippi involving business owners who claimed that the city improperly sold their property rights out from under them is familiar territory for attorney Jeffrey Benjamin. He has decades of experience representing clients in various breach of contract cases. Indeed, the lion’s share of his cases involve some kind of breach of contract issue.
According to the Hattiesburg American newspaper, the couple is suing The City of Petal’s mayor after the property they had renewed a lease on just two months earlier was suddenly sold by the city to someone else. According to the June 2017 article, the couple were operating businesses out of the city-owned property following an initial lease agreement around June 2016. However, the report adds that the initial agreement began in May 2016 and the city had the option to terminate the lease “upon any grounds that it finds to be appropriate, by giving Complete Automotive 180 days written notice of its intent to cancel the lease.” Such notice was given after the supposed sale to the third party, the report adds.
Through numerous successful verdicts rendered after jury and judge trials, attorney Jeffrey Benjamin has shown his skills in cases involving business and commercial litigation, fraud and breach of contract claims. In a similar vein to the Petal, Mississippi lawsuit, Mr. Benjamin secured a $200,000 verdict in a landmark real estate fraud case. During the course of the trial, he was able to expose the defendant as being responsible for fraudulent inducement and a concealment scheme while breaching his fiduciary duties. It’s an unfortunate fact of life that some people try to get away with secret profit or overt misrepresentation. Oftentimes, a consumer or small business trusts the bad guy and then gets victimized. It’s people like Mr. Benjamin who hold them accountable in a court of law.
Consumers and small businesses in the New York City and Long Island areas who feel that they’ve also been the victim of possible breaches of contact are encouraged to contact lawyer Jeffrey Benjamin. Members of the public who wish to file a lawsuit or defend themselves against claims of wrong-doing would do well to consult Mr. Benjamin — an aggressive lawyer with a no-fear mentality in litigation — and learn their options. Mr. Benjamin enters the courthouse with decades of experience and tireless advocacy, buttressed by a strong will to help people fight fraud and defend their legal rights.