Author Archives: Jay Butchko
Google Location-Tracking Practices & Consumer Law Violations
In November, 40 states (including Ohio) reached an almost $400 million settlement with Google concerning its tracking practices associated with the Google Account settings, in what is now the largest multi state consumer protection and privacy settlement in U.S. history. In their investigations, the states found that Google had been misleading consumers about the… Read More »
Cryptocurrency Fraud Emerges As Top Consumer Law Issue
According to a government report released by the US Consumer Financial Protection Bureau in November, fraud and transaction issues connected to cryptocurrencies and other digital assets have now become the most notorious consumer law issue. Essentially, a number of bad actors are using crypto assets to perpetuate fraud on the public due to the… Read More »
Should I Pursue A Mortgage Loan Modification?
As attorneys who assist clients with loan modifications, real estate legal issues, and foreclosure defense, we frequently answer questions concerning the realities of mortgage loan modifications. To some, a loan modification sounds like the perfect solution because it can allow you to keep your home and maybe even decrease your interest rate. However, there… Read More »
Ex-Employees, Social Media Accounts, & Civil Litigation
One of the common areas where questions arise concerning the intersection of business torts and breach of contract has to do with what rights and obligations both employers and employees have when employees leave that employer’s workplace. One specific area where this question arises involves social media accounts that employees have used, including those… Read More »
Supplement Claims That Violate Consumer Protection Laws
A major consumer protection issue that has emerged since the onset of COVID in 2020 involves supplement products that claim to help cure, treat, prevent, and/or mitigate the illness. According to the FTC, these claims violate both the FTC Act and the COVID-19 Consumer Protection Act, opening a number of companies that sell the… Read More »
The Importance Of The Right Dispute Resolution Clause In Contracts
As attorneys who regularly work on breach of contract disputes, we are familiar with the full gamut of dispute resolution clauses written into contracts – the good, the bad, and the ugly. While the right dispute resolution clause can help ensure that parties have a smooth procedure in place for any disagreements that come… Read More »
Fall Brings Unwarranted Depositor & Overdraft Fees
There are two especially egregious consumer protection issues that the Consumer Financial Protection Bureau has recently turned its attention to due to the number of consumers negatively affected by them: 1) Overdraft fees charged to consumers even though they have enough funds in their account to cover a withdrawal or check and 2) Indiscriminately… Read More »
Motions For Summary Judgment In Contract Cases
As attorneys who work in general civil litigation and breach of contract disputes, one of the first questions that must be answered in a breach of contract case – and, indeed, can be the subject of the litigation itself – is whether a contract ever existed in the first place. In a contract dispute,… Read More »
How Ohio’s New Appropriations Law Affects Property Seizures
In early November, the Supreme Court of Ohio issued a ruling on a lawsuit brought by a local park district to acquire an individual’s property through eminent domain in order to allow for the construction of a recreational trail. The concept of eminent domain can be a frightening one: In a nutshell, the Constitution… Read More »
What Is A “Bait and Switch” Contract?
As attorneys who work in contract disputes and consumer protection, we frequently speak with clients about a phenomenon known as “bait and switch,” whereby a seller will create a disingenuous offer in order to ‘lure’ in a buyer, only to turn around and make a major ‘switch’ in that contract; whether that involves charging… Read More »