LATEST NEWS

From the Public Justice Website – How Federal Preemption is Hurting and Killing People:

Michelle Nemphos wanted to protect her child. What she found herself in was a little-understood legal fight for her right to a day in court. The Nemphos ...


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Attorney Stuart Eppsteiner interviewed by NBC Miami’s “Team 6 Investigation” – discussing Frontload Washer Mold and Odors. He describes their inherent design problems, and how it affects consumers nationwide.

Read more about Stuart Eppsteiner’s NBC ...


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E&F CLIENT’S CASE ABOUT SOFTHEAT, SMARTHEAT, DUNLAP AND KAZ HEATING PADS IS CERTIFIED AS CALIFORNIA CLASS ACTION!

Have you purchased a heating pad? Did its box disclose that you can burned at any heat setting, that you cannot lie ...


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MAYBELLINE “ILLEGAL LENGTH” MASCARA:  DOES IT ADD 4 MILLIMETERS TO YOUR LASHES?

Are you one of millions of women who strive to achieve longer lashes? If you purchased Maybelline New York’s “Illegal Length” Mascara and found that it did ...


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12555 High Bluff Drive, Suite 155
San Diego, CA 92130

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California Class Action Attorneys


Eppsteiner & Fiorica: Protecting Consumers from Deceptive Advertising,

Attorney Stuart Eppsteiner interviewed by NBC Miami’s “Team 6 Investigation” – discussing Frontload Washer Mold and Odors.  He describes their inherent design problems, and how it affects consumers nationwide.

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Read more about Stuart Eppsteiner’s NBC interview

Defective Products & Billing and Financial Rip-Offs

Who We Are:

Class Action Attorneys Eppsteiner & Fiorica was founded in 1999 by Stuart Eppsteiner.  Stuart has practiced law since 1981.  He has a long history of recovering money for consumers who have been wronged. Whether the wrong is from a defective product, false or deceptive advertising, over charges or the wrongfully denial insurance claims, Stuart has handled these cases successfully and made in excess of $400 million available to his clients.  If you are looking for a skilled advocate to undo a wrong you suffered, you’ve come to the right place.

Stuart Eppsteiner has won product liability trials and certified cases as class actions that involve Frontload Washer, Heating Pads, Appliances, Windows, Roofing Products, Construction Products, and Wrongfully Denied Insurance Claims.  He has won cases at appellate levels, including the California Supreme Court.  He has tried myriad cases, settled all types of class actions and as a result has been able to make hundreds of millions of dollars available to consumer class members.

Stuart and his firm have the highest rating from their peers.  Stuart is AV rated by Martindale Hubbell; an independent entity that operates the oldest and most respected peer review attorney rating system.  In addition to receiving the highest rating from his peers, he has been selected by Super Lawyers as a Super Lawyer.

Eppsteiner & Fiorica prides itself in being accessible and responsive to its clients. Stuart and his firm listening to their clients and keep them involved and informed.

Stuart Eppsteiner and his firm care about their clients, and have represent consumers because they like to represent the “little guy” against corporations that ignore peoples’ rights and safety.  American’s deserve to be treated fairly and respectfully by companies.  Fighting for individuals’ rights and interests, leveling the legal playing field and recovering money for consumers who have been wronged are what drive Stuart and his class action firm.

What We Do:

Deceptive or False Advertising

When a company makes false statements about its goods or services, or fails to disclose information it knows would be important to you, but which information would likely cause you not to buy their goods or services that is false or deceptive advertising.  In most states such conduct is illegal and consumers have a right to sue for such deceptive and false advertising.  The crux of these claims is that the consumer should know the important information about the product or services that manufacturers, service providers or retailers know.  When companies create an advantage by deception, by not revealing the important information or make false statements about the characteristics, benefits, uses or properties, consumers have the right to sue for the harm or injury they suffered. Such lawsuits seek to recover damage, overpayments or the amount the company wrongfully gained by its concealment or false representations. Examples of this type of wrong include: selling heating pads by claiming, on the boxes in which they were displayed, that they provide soothing therapy and have automatic shut-off, when the heating pad manufacturer elsewhere stated that its heating pads could cause burns at any setting, could not be lied or sat on, could not be used by diabetics, or people with insensitive skin or reduced circulation. Another example of wrongful conduct is a frontload washer manufacturer that knows its washers have a propensity to develop biofilm, mold and foul odors.   However, the manufacturer did not disclose these disgusting properties when the machine is seen in a store or online. Another example is an insurance company that changes you a higher premium rate. There are thousands of examples of deceptive advertising.  Lawsuits for one person’s injury are not usually pursued because the costs for an attorney and expert are greater than the harm suffered.  However, when a person sues as a class representative they, after the case is certified as a class action, represent not just themselves but all people within their state who were similarly ripped-off.  When thousands of small claims are presented in a class action the lawsuit and its expenses makes sense.

Defective Products

Products that are not properly designed, tested or manufactured prove defective in use.  Consumers cannot know whether a product was properly designed, tested, or manufactured.  They rely on advertising and the little they can read online or in magazines.  However, whether a product is defective is usually not known when purchased or for some time thereafter.  Often defects only discovered after the product is used for a while and under a variety of circumstances.  Manufacturers are driven to make profits. This often results in cutting corners, and making unsafe products. If the recall of a product will have a significant cost to a manufacturer many of them will not issue a recall until compelled by litigation or a government investigation. Often the manufacturer, distributor and retailer want to mollify Americans until their product warranty expires. Once the warranty expires they will tell consumers they are not obligated to fix the problem. Stuart Eppsteiner and Eppsteiner & Fiorica have a long history of successfully recovering money for the owners of leaking windows, unsafe stoves, heating pads that overheat, roof tiles that break and flooring products that crack and fail. Defective product lawsuits, often called product liability cases, are expensive.  They require specialized engineers or scientists and attorneys. Such lawsuits often cannot be brought cost-effectively for a single American.  However, they can be pursued sensibly as a class action lawsuit.  Stuart Eppsteiner & Eppsteiner & Fiorica have a long track record of successfully recovering hundreds of millions of dollars for consumer that purchased defective products.

Overcharges, Charges Never Agreed to, Improper Billing

Transactions are most commonly conducted with charge cards or electronic billing.  The growth of internet sales and reduction of cash payments has increased the opportunity for banks, insurance companies, utilities, cell phone, cable TV and websites to over bill, add undisclosed charges, and add undisclosed services.  Because billing statements can be complicated and sent as an email attachment bills, statements and invoices are not reviewed as they may have been when purchases were made with cash or checks. The addition of charges and fees consumers have not agreed to has spiraled out of control.  Examples include: banks that re-sequence the payment of checks to increase the number of overdrawn checks and overdraft charges, charging higher premium for the partial policy term than is stated in the policy, payphone service companies that charge undisclosed connection fees, tariffs and rates than are stated on the phones, subscriptions added to your cell phone account and undisclosed increases in interest rates.  Using a class action lawsuit to represent many people overcharged modest amounts, consumers’ overpayments can be recovered. Eppsteiner & Fiorica brings such cases.

Insurance: Denied Claims, Overcharges, Overbilling

Insurance companies say they are “Like a Good Neighbor,” the implication being it will help you when you have a claim; or they offer the “Best Mayhem Coverage;” but who has ever filed a mayhem claim; or “you’re in good hands;” which is supposed mean Allstate will look-out for your interests.  Insurance companies get sued frequently because they do not honor the terms of their policies or they interpret the policies in ways to deny claims or limit what they have to pay you. Eppsteiner & Fiorica have recovered money for health insurance policyholders whose claims were wrongfully denied based on “pre-existing conditions,” they have also established the right to sue Farmers Insurance company for overcharging its policyholders when they cancel their policies mid-term. There are laws that protect consumers’ right to receive all of the insurance protection they purchased.  Eppsteiner & Fiorica can make sure you get all of the insurance coverage and benefits you were supposed to.

News:

SmartHeat, SoftHeat and Dunlap Heating Pads:

Eppsteiner & Fiorica has negotiated a settlement for Californians that purchased SmartHeat, SoftHeat and Dunlap branded electric heating pads.  The settlement achieves the two goals of the litigation.  The Defendant, Kaz, who manufactured or imported and distributed SmartHeat, SoftHeat and Dunlap electric heating pads has agreed to disclose on its heating pad boxes that users should not lie or sit on them and should not be used by diabetics, people with reduced circulation or insensitive skin, unless attended to. In addition Kaz has agreed to eliminate from its heating pad boxes; a) images of people with their eyes closed and lying down while using the heating pads and b) misleading descriptions of its time based shut-off feature. Lastly, Kaz has agreed to pay California SoftHeat, SmartHeat and Dunlap heating pad owners up to $20 each.  The combination of changed box content and compensation to Kaz heating pad owners is an excellent result.  The settlement means that Californians will, in the future, receive information they need to make informed decisions before they decide whether to purchase Kaz electric heating pads.  Eppsteiner & Fiorica is proud of this victory for California consumers. If you are not a Californian and were deceived or injured by SmartHeat, SoftHeat, Dunlap, Sunbeam, CVS or other heating pads, you should contact Eppsteiner & Fiorica. Eppsteiner & Fiorica will discuss your claim and right to recover for the damage or injury you have suffered from heating pads.   You can learn more about the Heating Pad Litigation, email Eppsteiner & Fiorica – or Call 800-237-0538 to discuss with an attorney.

Bosch and Siemens Frontload Washers

Eppsteiner & Fiorica obtained certification of California, Illinois, Maryland and New York classes of Bosch Frontload Washer, Bosch FLW, owners.  Eppsteiner & Fiorica represent Bosch FLW owners whose washers developed biofilm, mold, bacteria and associated foul odors, BMFO.  The United States District Court has certified claims that Bosch failed to disclose that its FLWs developed BMFO but did not disclose this on the washers or at the point of purchase.  Eppsteiner & Fiorica are interested in speaking with Bosch washer owners from other states to determine whether they too can pursue Bosch for these claims. If you are a California, Illinois, Maryland or New York Bosch FLW owner you should contact Eppsteiner & Fiorica to report your experience and provide your contact information so that you can be informed of developments and important information in the case. You can: learn more about learn more about the Bosch & Siemens Washer Litigation, email Eppsteiner & Fiorica – or call 800-217-7431 to discuss with an attorney.

Farmers Deceptive Short-Rate Premium Charges

The California Court of Appeals just approved the right of California Farmers policyholders to sue Farmers for fraudulently, unlawfully, unfairly failing to describe and disclose that it would charge its policyholders a higher premium rate if the policyholder terminated their policy before it expired.  Consider the predicament created when a Farmers’ insured sold their house or car and cancelled their policy mid-term.  They would receive a refund of less than the pro-rated unused portion of the premium. Another common scenario was a Farmers insured was notified of a substantial increase in their premium. The consumer shopped for a lower price.  When they found a less expensive policy and cancelled their Farmers policy, they were shocked to find-out their expected savings was erased by the higher premium Farmers charged for the used portion of Farmers’ policy.  Although not all insurers charge a “short-rate” premium for mid-term cancellations, many do.  So many Californians complained about short-rate premium increases that the California Department of Insurance sponsored legislation to change this practice and require insurers to disclose that they would charge a higher premium when a policyholder terminates their policy. This new law only took effect on January 1, 2012.  For people who were ripped-off by being charged a higher premium on mid-term cancellation before January 1, 2012, you can: learn more about the Farmers Short-Rate Litigation, email Eppsteiner & Fiorica, or call 800-240-2216 to discuss with an attorney.

Pending Investigations & New Class Action Lawsuits:

Bosch & Siemens Frontload Washers – Mold and Stink Instead of Clean and Fresh

Short-Rate Mid-Term Cancellation Penalty – Higher Rates on Cancellation

Maybelline – Illegal Length Mascara – Misleading Advertising

TESTIMONIALS

“We were a small group of homeowners sharing a common problem – leaking, moldy windows. After the window manufacturer refused to help, we retained Stuart Eppsteiner to pursue legal action. Stuart and his team discovered the causes of the window ... Read More...

“We had problems with the windows in our house. Stuart took charge of things, had experts figure out what was wrong, filed suit and settled the case with a great result. Stuart was available to me during the lawsuit and ... Read More...

“Eppsteiner and Associates exemplify why one works with a boutique law practice specializing in construction law – experienced partners who do the work, looking out for the client’s interests first (and not their own) and taking ownership. Over many years ... Read More...

YOUR ATTORNEY

Stuart Eppsteiner
Phone: 858-350-1500
Fax: 858-350-1501
Email: stuarteppsteiner@eppsteiner.com

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NOTICE:Eppsteiner & Fiorica Attorneys, LLP is a California Limited Liability Partnership. Our attorneys are licensed to practice law in California and Colorado the firm and its attorneys have attempted to comply with all legal and ethical requirements of those jurisdictions. We have created this internet landing page, and its links to www.eppsteiner.com, for information purposes only. Eppsteiner & Fiorica attorney provide legal advice and practice law for clients in federal courts in the United States and in California and Colorado state courts. No information accessible on or through this landing page or the www.eppsteiner.com website should be construed as legal advice, legal opinions, an endorsement of any matter, or a solicitation for legal business. You should not rely on any content on this landing page or www.eppsteiner.com as legal advice for your particular matter. 
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Phone: 866.548.8857
Fax: 858.350.1501


12555 High Bluff Drive, Suite 155
San Diego, CA 92130
1260 Yellow Pine Ave
Boulder CO 80304

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