Complaints concerning Gentek Building Products Inc. are ramping up in 2012. More than one year ago, Maddox, Hargett and Caruso, P.C. filed a lawsuit on behalf of consumers alleging manufacturing defects in Gentek aluminum аnd steel siding that resulted іn premature cracking, chipping, flaking, peeling, οr splitting οf thе paint.

That case has survived a motion to dismiss. Since then, other cases have been filed. In each of these cases, consumers voice similar complaints. Specifically, they contend that after filing warranty claims wіth Gentek, the response they’ve received has been unsatisfactory and that Gentek refuses to honor the warranty associated with the siding product. The warranty states that Gentek will repair or replace any Gentek product that becomes defective within three years of installation at no cost to the property owner.

In addition to the premature cracking, splitting and peeling issue, consumers allege that the defective siding also allows moisture to penetrate their home, causing them additional expenses to repair the damage.

Maddox, Hargett and Caruso is continuing to gather evidence regarding alleged manufacturing defects of Gentek aluminum аnd steel siding. If you’ve experienced issues with Gentek Building Products, please contact us. We want to hear your story.

Taking a lead from retail giant Walmart, several national retail chains are removing cans of Enfamil newborn formula with the lot number ZP1K7G from their shelves. Earlier this week, Walmart announced it was pulling the Enfamil product from more than 3,000 stores nationwide.

Walmart took the action following the death of a Missouri newborn who died from a bacterial infection after consuming the baby formula.

Officials at Supervalu Inc., Walgreen Co., Kroger Co. and Safeway say they are removing or have removed the Enfamil product in question from various stores across the country.

Authorities are now testing the formula, the water used to make the formula, and other factors, to determine if it the bacterial infection was connected to the Enfamil.

Have you experienced repeated repairs on your newly purchased or leased automobile? If so, you need to be aware of your legal rights and options under the California Lemon Law.

Also known as the Song-Beverly Consumer Warranty Act, the Lemon Law protects consumers who lease or buy new motor vehicles. The law states that if the manufacturer or an authorized dealer is unable to service or repair a new motor vehicle to meet the terms of an express written warranty after a reasonable number of repair attempts, the manufacturer is required to promptly replace the vehicle or return the purchase price to the lessee or buyer.

Recently many consumers have come forth with complaints of manufacturers refusing to abide by California’s Lemon Law. Instead, these manufacturers are claiming that “cosmetic” damage beyond “normal” wear and tear has occurred to the automobile in question and subsequently charging for those damages.

In many cases, these charges are costing car owners hundreds, even thousands, of dollars.

Maddox Hargett & Caruso is gathering evidence to file a class-action lawsuit on behalf of consumers who’ve experienced issues regarding the California Lemon Law. If you have been affected, please contact us.

The Song-Beverly Consumer Warranty Act, or the Lemon Law as it’s more commonly known, is designed to protect consumers who lease or buy new motor vehicles. The law states that if California manufacturer or representative is unable to service or repair a new motor vehicle to meet the terms of an express written warranty after a reasonable number of repair attempts, the manufacturer is required to promptly replace the vehicle or return the purchase price to the lessee or buyer.

Some consumers, however, are coming up against unscrupulous dealers and/or manufacturers who refuse to honor their legal responsibilities. Rather than replace the vehicle, these dealers contend that the vehicle has incurred cosmetic damage, and subsequently charge the owner of the car hundreds, even thousands of dollars in repair costs.

If you’ve experienced this treatment under California’s Lemon Law, contact us to tell your story.

GMC Yukon owners are finding themselves in a leaky boat these days, confronting excessive oil consumption issues. The problem apparently is growing, with consumers reporting a flurry of stories involving improper oil usage on their Yukons.

So far, resolutions have not been forthcoming. According to vehicle owners, the response from GM dealerships is that the issue is “normal.”

But normal it’s not. Despite engine overhauls – including total replacement of pistons, rings, and rod barring – the oil problem hasn’t gone away. In postings found in online automotive forums, Yukon owners cite the following:

“Why is GM so hesitant to confirm that there is a problem with high oil consumption on certain vehicles? By now, there should be a bulletin addressing this issue and a procedure to correct it. Instead, we have to endure months on wasted time and aggravation of having to argue and plead with service managers before we are forced to contact GM Customer Service directly before anything gets done.

“To add to my frustrations, I had to tolerate the service manager complaining of me opening a case with GM customer care when I picked up my Yukon. Very unprofessional!!! Not what I expected from GM.”   Another Yukon owner has similar complaints:

“There are many of us who are unhappy. I know that the trouble with the 2007 Yukon, Yukon XL, Suburbans, Avalanche, and so on. They where all built on or about the same day. This is obviously a bad engine batch. I have been through the PVC change with valve cover cleaning, New Heads, and now new Pistons, Rings, and rod bearings. The dealership wanted to replace the engine but GM will not allow them. . . .

“I just got it back after the Piston replacement. If it still has oil consumption issues, I have been told they may offer me some compensation and allow me trade in allowance on a new one. BUT, I would have been happier with the new engine. It would have also been cheaper at this point for GM. Why can they not admit a recall on this? Some of the people I know have had rods go though the block on their 2007 and they got hurt because of it.”

Maddox Hargett & Caruso currently is investigating complaints about possible engine defects and improper oil consumption issues of GMC Yukon vehicles. If you have a story to tell regarding your Yukon, we encourage you to contact us.

Zombie debt, in which companies attempt to collect on old debts, has fast become a thriving industry. And, in more and more cases, consumers are finding themselves the victims of multiple companies trying to lay claim to their debt.

A story in the October issue of Consumer Reports sheds light on the issue of zombie debt and the financial pain it can cause. The story cites the case of Harold Wood, who got behind on his credit-card payments after the business he worked for went under. The bank that owned Wood’s debt ultimately packaged it with other consumers’ debt, selling it to collection agency.

When Wood received a call from a debt collector who said he represented the new company that owned Wood’s initial credit-card debt, Wood began making payments to that collection agency. Soon, however, Wood was contacted by another debt collector. As it turns out, Wood’s credit-card account had been sold to multiple collectors. None of the collectors, however, could prove ownership of Wood’s credit-card debt nor could they prove they were entitled to receive any payments from Wood.

As the Consumer Reports article points out, buying and selling debt is basically an unregulated business. Debt that is invalid, paid off or disputed can, in fact, resurface for years.

Harold Woods hired an attorney to fight his case, which was settled in his favor. At that time, 13 collectors were claiming they owned Wood’s debt, according to Consumer Reports.

Voice Over Internet Protocal (VoIP) providers use an Internet connection to turn analog signals – like those used in traditional phone lines – into a digital, broadband signal. As an incentive for consumers to switch to their services, VoIP operators often advertise free sign up or a one-time minimal fee.  For consumers, however, it’s the fine print that can leave them vulnerable.

One VoIP provider that has generated an ongoing list of complaints from consumers is Lingo. Chief among those complaints: Unauthorized billing practices, hidden fees, inflexible and deceptive contracts and poor customer service.

Over the past two years, various consumer Web sites and online reviews of VoIP providers have registered a litany of issues against Lingo.  “Do not use Lingo,” said one customer. “They baited and switched me.

“I started out with a low monthly rate. After the initial inexpensive period of six months, I was expecting monthly rates of around $20. My rate jumped to $39.42. There is another problem with this company. They charge via credit card. And they are very difficult to remove from your credit card. Beware of Lingo’s ability to have selective memory, be misleading and have hidden charges. This company is a nightmare.”

Another apparent problem for Lingo customers concerns the company’s unlimited calling plan known as “Lingo World Max.” Specifically, customers allege that Lingo terminate, at will, any user it deems as unprofitable from the Lingo World Max plan.

Lingo is a subsidiary of Primus Telecommunications Group, Inc. In March 2009, Virginia-based Primus filed for bankruptcy protection. Several months later, the company won court approval of a reorganization plan to reduce its debt by approximately 40%. In July 2009, Primus successfully emerged from bankruptcy protection.

If you’ve experienced problems with Lingo or another VoIP provider, please contact us to tell your story.

Online offers of free products or courtesy gift cards may wind up putting a hole in your wallet. The scam works something like this: A coupon appears on the computer screen after you’ve purchased an item online from a retailer. After clicking on the “free” coupon, consumers are routed to another Web site to complete some type of survey. The final step cinches the scam when you’re asked to provide personal information, i.e. a credit card number or even a cell-phone number

Every year, millions of consumers who thought they were getting free coupons or discounts on their next online purchase become victims of unauthorized charges on their credit cards and phone bills.

A March 1, 2010, story on KATU.com illustrates this point. According to the story, Brenda Hansen clicked on what she thought was a legitimate coupon for $250 to Safeway. After being routed to another site, she was asked to take an online survey and enter her mobile-phone number. 

Hansen never did receive her $250 coupon. Instead, she got an extra $9.99 on her monthly mobile-phone bill. 

The fine print on the survey that Hansen completed revealed some critical insight. The survey questions she answered actually were sign-ups to pay for monthly services. 

One of the companies behind the offers was World Avenue, which the Florida Attorney General’s office sued in 2007 for allegedly deceiving consumers. In 2008, World Avenue lost the lawsuit and ended up paying $1 million in fines.

If you are a victim of unauthorized credit card charges, you may have a right to recovery. Contact us today by completing the form on this page. 

Investment schemes, bank overdraft fees, Toyota accelerator defects, Lexus paint issues – make no mistake, consumer complaints are growing by the day, as more businesses provide unacceptable products and services.

According to the Federal Trade Commission (FTC), identity theft was the top complaint filed by consumers in 2009. Other consumer complaints that made the list include:

Maddox Hargett & Caruso, P.C. is committed to defending consumers against unscrupulous businesses and corporations. We make companies take responsibility for faulty products, false advertising or misrepresentation. If you’ve been wronged by a company’s product or service, contact us today. We will fight for your rights.

Acceleration flaws on Toyota Motor’s vehicles now have the attention of NASA, which the government is recruiting to study the issue as part of its investigation into the automaker. At least 51 deaths have been linked to acceleration problems on Toyota vehicles. 

The government also has tapped the National Research Council for its insight. The studies will cost some $3 million. 

Toyota has recalled more than 8 million cars and trucks worldwide for defects. As reported March 30 by Bloomberg, the company faces at least 27 lawsuits and more than 80 class-action cases linking electronics systems to deaths or injuries in crashes. 

If you have had concerns about your Toyota vehicle, please contact us. We want to hear your story. We will investigate the matter and advise regarding your legal options.