Consumer Fraud

Whether it’s a mortgage scam, Fair Debt Collection Practice Act, Fair Credit Reporting Act, or just a plain-vanilla fraud case, Barrett Law Group, P.A., can help you out. If you have a consumer issue that you would like us to evaluate, please get in touch. Some of the consumer fraud cases that our lawyers have worked on are listed below.

On December 16, 2004, Don Barrett was appointed one of six members of the Class Plaintiffs’ Steering Committee in the In Re Neurontin Marketing and Sales Practices Litigation (MDL No. 1629). The case of an individual plaintiff (Kaiser Foundation Health Plan) against the defendant Pfizer, Inc., was tried over a five-week period in February and March 2010 in Boston, and Mr. Barrett was a member of the trial team for Kaiser. That trial resulted in a jury verdict for plaintiff on its civil RICO claim in the amount of $47.34 million, which will be trebled under the RICO statute. This is believed to be the first civil RICO verdict ever rendered against a major pharmaceutical company. As a result of Mr. Barrett’s work on the case, he was selected by the Public Justice Foundation as a finalist for the 2011 Trial Lawyer of the Year Award. In 2014, a settlement was reached in the litigation and Defendant Pfizer, Inc. agreed to pay $325 million to resolve all claims.

In 2003, Don Barrett and other members of BLG were co-lead trial counsel in a national class action in the U.S. District Court for the Central District of California, entitled Austin, et al. v. Lehman Brothers, Inc., et al. After five weeks of deliberation, the jury on June 16, 2003, returned a verdict for the plaintiff class. According to the Los Angeles Times, “the verdict marked the first time a financial backer of an abusive lender has been held liable, carving out a new area of vulnerability for Wall Street.” The Austin v. Lehman Brothers trial rated a chapter in the recently published book The Monster: How a Gang of Predatory Lenders and Wall Street Bankers Fleeced America – and Spawned a Global Crisis, by Michael W. Hudson (Henry Holt & Company, New York City, 2010).

On November 22, 2004, Don Barrett was appointed Plaintiffs’ Co-lead Counsel in In Re High Sulfur Content Gasoline Products Liability Litigation (MDL No. 1632), by U.S. District Judge Ivan L.R. Lemelle of the Eastern District of Louisiana. A $100 million plus settlement was finally approved by the Court in September of 2006.

Frequently Asked Questions About Consumer Fraud

Consumer fraud can affect anyone, regardless of age, income or background. Below are answers to questions our lawyers often address to help you understand your rights and options amid consumer fraud.

What steps should I take if I suspect I’ve been a victim of consumer fraud?

If you believe you have been defrauded, gather all relevant documentation, including receipts, contracts, emails and even advertisements. Report the incident to the Mississippi Attorney General’s Consumer Protection Division and consider filing a complaint with the Better Business Bureau or the Federal Trade Commission.

Avoid further communication with the suspected party and monitor your financial accounts for unusual activity. Consulting a qualified consumer fraud attorney can help you determine whether you have a viable legal claim.

Can I sue a company for consumer fraud in Mississippi?

Yes. Under the Mississippi Consumer Protection Act, individuals may sue businesses that engage in deceptive, misleading or unfair practices. If you suffered financial harm from false advertising, bait-and-switch tactics or other fraudulent conduct, you may be entitled to compensation. Remedies can include actual damages, attorney fees and possible punitive damages.

What is the process for filing a consumer fraud lawsuit in Mississippi?

This process usually begins by consulting an attorney who will evaluate your claim and gather supporting evidence. Your lawyer may send a demand letter to the business before filing a formal complaint in civil court to encourage a fair resolution.

At this point, your case may proceed through discovery (evidence disclosures), settlement negotiations or trial. Mississippi generally imposes a three-year statute of limitations for consumer fraud claims, making timely action essential.

How can I prevent future consumer fraud incidents?

While no method is foolproof, there are steps you can take to reduce your risk of consumer fraud.

• Research businesses before making purchases or signing contracts.
• Read all terms and conditions carefully, especially the fine print.
• Be cautious of unsolicited offers, high-pressure sales tactics or deals that seem too good to be true.
• Monitor your credit reports and financial statements regularly.
• Register your phone number with the National Do Not Call Registry to reduce telemarketing scams.

Remaining informed and vigilant is your best preventative measure against consumer fraud. If you suspect wrongdoing, do not hesitate to contact our attorneys for help.