Author Archives: Jay Butchko
Mortgage Lending Rules, Protecting Consumers, & Preventing Foreclosure
Lenders refusing to accept mortgage payments from legal heirs, and rejecting them for loan modifications, and as a result, placing properties into foreclosure due to the heirs being left with significantly delinquent unpaid balances, where the bank finds it more beneficial to sell the properties. This has become a very real consumer protection issue,… Read More »
Breach Of Contract Claims with Government Parties
What happens when a breach of contract has occurred, but the party responsible for the breach is the government? And what if the breaching party claims that there is no breach because there was never any authority for that entity to enter into the contract? Authority The general rule is that when you enter… Read More »
Consumer Laws & Tip-Over Accidents
Furniture tip-over accidents are every parent’s worst nightmare: Thousands of children – most of them under the age of six – have been injured or killed due to falling furniture and TVs around the country, including here in Ohio. In fact, by 2022, the issue had become such a consumer protection problem that the… Read More »
What Is A Deed-In-Lieu Of Foreclosure?
As attorneys who work in foreclosure defense, we’ve seen just what financial crises can do to individuals and families faced with foreclosure. One alternative to foreclosure that some owners consider is what’s known as a deed-in-lieu of foreclosure, whereby the homeowner transfers the title on the property (or hands it over) to the lender…. Read More »
Ohio Breach Of Contract By Landlord
As attorneys who work in civil litigation, we regularly see a number of breach of contract disputes each year. Sometimes breach of contract can occur with the landlord over at lease (or rental agreement/contract), and lease violations can occur in a number of contexts; for example, some of those disputes involve tenants challenging repairs… Read More »
Is Your Optometrist Violating Consumer Law?
You may not be aware that it is your right, as a consumer, to receive your prescription, in hand, when you leave the eye doctor’s office in order to shop for the best deal. Once you have paid your bill, you have the right to obtain this documentation; and it should include the optometrist’s… Read More »
When Auto Lenders Violate Consumer Laws
Auto lenders can violate consumer laws by engaging in predatory lending and unfair practices with auto title loans in violation of the Consumer Financial Protection and Truth in Lending Acts. Specifically, a number of these entities are privately held companies that operate using multiple trade names and offer automobile title loans and unsecured loan… Read More »
Partner Andrew Gerling Presenting At National Business Institute’s Upcoming Course, Real Estate Foreclosure In Ohio
Andrew Gerling is a partner at Kohl & Cook Law Firm, LLC. He oversees the firm’s consumer litigation and small business practices. Please consider joining Andrew as he presents, with other distinguished counsel, a course through the National Business Institute (NBI) entitled “Real Estate Foreclosure in Ohio, Step by Step” on Wednesday, May 03, 2023. Course Content: Foreclosure:… Read More »
Consumer Class Actions Filed Against PayPal For Breaches
In March, consumer law lawsuits were filed against PayPal in conjunction with a data breach that affected 35,000 users. Specifically, one class action lawsuit accuses the company of failing to adequately safeguard the private information of its users, leaving them vulnerable to identity theft. In the litigation, plaintiffs have accused PayPal of failing to… Read More »
Airlines & Consumer Law Violations
In January, the US Department of Transportation announced that airlines have regularly been violating consumer protection laws. There are thousands of complaints every year involving systematic failures to provide required credits to those who lost travel opportunities during the COVID-19 pandemic. Recent examples include Southwest Airlines canceling close to 16,000 flights to date and… Read More »