JC Penney Sued for False Advertising in California

This week, my firm, along with Baker Law PC, filed another class action lawsuit against JC Penney for false advertising and deceptive trade practices. The case parallels the ongoing litigation against JC Penney in Alabama, which I've written about before.

The lawsuit seeks relief under Cal. Bus. & Prof. Code §§ 17200 and 17500 for JC Penney’s false advertising regarding the sale of jewelry, whether it involves metal fineness; the use of undisclosed or less-desirable metals as plating or finishes over precious metals; the existence, thickness or quality of metal plating; the use of alternative, cheaper, less-desirable, or non-precious metals or metal alloys; the number, size or quality of diamonds or other stones; the geographic origin of the item or its contents; failure to comply with the FTC Guides for the Jewelry, Precious Metals, and Pewter Industries; or any other characteristic of jewelry about which JC Penney has lied to make a sale. You can read the complaint here.

We are actively pursuing similar claims against JC Penney and other jewelry sellers for false advertising. Feel free to give me a call if you have concerns about whether you have purchased jewelry that was falsely advertised.

~bjm

Would You Like Some Poison With That Apple Juice?

There is growing evidence that arsenic and lead levels in apple and grape juices sold in the U.S. are dangerously high. Arsenic is a known carcinogen, and both arsenic and lead have been linked to developmental problems. In recent studies, long term arsenic exposure was linked to poor scores in language, memory, and other brain functions, as well as diminished intelligence.

Bottom line:  this is not something you want to put in your body. The problem is, juice makers are denying a problem, and no one is disclosing the arsenic or lead levels on the labels so you can make an informed decision. That needs to change.

TV's Dr. Oz raised concerns about arsenic levels in apple juice back in September, and since then, Consumer Reports has done an extensive study of 88 products, finding numerous products that contain more lead or arsenic than the FDA allows in our drinking water. Check out the Consumer Reports' story and findings here. The fact that kids drink a lot of the juice being sold in this country is cause for even greater concern, particularly when long term health effects are considered.

I am currently investigating these cases, and actively seeking information from consumers regarding these poison-laced products. If you want to discuss your situation with me, please get in touch.

All That Glitters is Not Gold

Sometimes, it's Rhodium.

It has been said, by a former Queen of England, I believe, that even "brass shines as fair to the ignorant as gold to the goldsmiths." But if you thought you were buying gold, you're not likely to be pleased to find out that it was really only brass with a nice shine.

In the competitive world of retail jewelry, shiny sells. And very few materials offer as much shine as Rhodium. So making jewelry shine - even gold, silver or platinum jewelry - sometimes means plating it with Rhodium. Unfortunately, much of this plating is a secret to consumers, as most retailers don't ever mention that the little gold or platinum ring you just purchased is actually plated in a metal you've likely never heard of. Most consumers find out when the Rhodium wears off and the jewelry loses its shine, or even changes color.

Nickled and Dimed to Death

Everyday Americans are about to be nickled and dimed to death, and no one seems to care.

Would you mind if AT&T over-charged you by $1.75 every month on your cell phone bill?

Or if your cable provider added an unidentified fee of $3.00 to every cable subscriber's bill without telling you?

How about if your employer started secretly deducting $5 bucks out of every Alabama fan's paycheck, just because your boss is an Auburn fan?

Or how about if your mortgage company or credit card issuer adds an extra day of interest to your debt every year?

Guess what? It doesn't matter if you mind or not, because the U.S. Supreme Court ruled today that your best weapon against corporate thievery like that - a class action - can be taken away from you in the fine print of every contract you sign, so long as it hides behind the skirt of an arbitration clause.

Would You Like a Class Action Ban With That Arbitration Clause?

Next Tuesday, the U.S. Supreme Court will hear argument in a very dangerous case for consumers: AT&T Mobility v. Concepcion. If a majority of the Supremes accept AT&T's argument, consumer class actions may be effectively wiped out as a way to combat corporate deception against individuals.

A decision in favor of AT&T would be as damaging to the rights of individual Americans as if the Court upheld a ban on individual ownership of guns. For all the folks who believe that individual gun ownership is an essential protection against an out of control government, know that the class action mechanism is an equally essential protection against the tyranny of an out of control corporate oligarchy. Without it, consumers and employees simply have no weapons with which to fight back.