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California Class Action Attorneys

Volkswagen and Audi Diesels: Owners Lied to About Gas Mileage and Performance

Media sources report that Volkswagen and its subsidiary, Audi, sold 500,000 cars, between 2009 and present, with 4 cylinder diesel engines[1] that produced 15-40 times more pollutants than VW and Audi claimed they would; violating US law by doing so. The subject VW and Audi cars had software that altered the car’s engine performance so that they met EPA car emission standards when tested but do not when owners drove them. VW and Audi have recalled the cars tofior remove the trick software.  The effect will be that 2009 – 2015 VW and Audi 4 cylinder diesel engine owners will have worse gas mileage and performance than VW and Audi represented when selling them.

The net effect, pursuant to press reports, is that VW and Audi 4 cylinder diesel cars sold in the United States between 2009 and 2015 polluted much more than represented by VW and violate US pollution laws.

VW has now indicated it will recall all 500,000 2009-2015 VW Jetta, Beetle, Golf, Passat and Audi A3 4 cylinder diesels to alter them so that they comply with US laws.  But, after the cars are “fixed” they will have worse gas mileage and performance.

If you own a:

2009 -15 Volkswagen Jetta

2009 -15 Beetle

2009 -15 Golf

2014 -15 Passat and/or

2009 -15 Audi A3

you paid more than you should have. Once you have your car repaired to comply with US pollution laws, your car will get worse gas mileage and performance than VW and Audi represented.

If you want to be compensated for your loss caused by VW and Audi’s 2009 -2015 4 cylinder diesel engine, call (@ 858-350-1500) or email Eppsteiner Law, APC.

(The source of information for this article are Consumer Reports, New York Times and Bloomberg articles cited below.)

[1] Affected diesel models include the 2009-15 Volkswagen Jetta, 2009-15 Beetle, 2009-15 Golf, 2014-15 Passat and 2009-15 Audi A3. (NYT Article published 9/18/15 “VW Is Said to Cheat on Diesel Emissions; US to Order Big Recall

Bosch 27” Frontload Washing Machine Class Action Settlement

The class action lawsuit against BSH Home Appliance Corporation alleging violations of law in connection with BSH’s sale of 27” Bosch and Siemens brand frontload washers has settled, subject to final court approval.  For more information about the lawsuit, the settlement, and to file a claim as part of the settlement process, please visit: www.BoschSiemensWashingMachinesClassAction.com.

Class Action Cohen v. California Delta Mechanical, Inc.

On April 25, 2014 the San Diego Superior Court certified a class action that asserts breach of consumer protection statutes for individuals who had a replacement water heater installed within the City of San Marcos, California by California Delta Mechanical, Inc. between the dates of October 27, 2007 and the present. The lawsuit claims that Delta allegedly overcharged its customers for water heater permits. For example, the actual cost of a water heater permit in the City of San Marcos is $10.00 but California Delta Mechanical, Inc. charged some of its customers $30.00 for the same permit. The suit also alleges that California Delta Mechanical, Inc.’s practice of overcharging for permits is unconscionable and a material fact that it was obligated to disclose.

The certified class action lawsuit seeks the return of the amount of money California Delta Mechanical, Inc. overcharged for the water heater permits. The suit also seeks a representative plaintiff service award for Danny Cohen as a Class Representative as well as costs and attorneys’ fees to the Class attorneys. For most class members, the amount being asked for is $20.00 per installed water heater. To the extent that California Delta Mechanical, Inc. has not already set in place systems to prevent overages in the future, the suit also seeks an order from the Court requiring California Delta Mechanical, Inc. to establish sufficient systems to prevent alleged overcharges in the future.

Please view our page dedicated to providing additional information about the suit in the Complaint, California Delta Mechanical, Inc.’s Answer and the Court’s Order Certifying the Class. Specific information regarding the suit, your options and rights are set forth in the Cohen Delta Class Notice which can also be accessed on that page.

If you wish to contact Class counsel, you should contact Andrew Kubik or Stuart Eppsteiner or by calling 858-350-1500.


Eppsteiner Law, APC: Protecting Consumers

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 Law, APC was founded 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 Law, APC 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 Law, APC 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 Law, APC 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 Law, APC 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 Law, APC 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 Law, APC can make sure you get all of the insurance coverage and benefits you were supposed to.


SmartHeat, SoftHeat and Dunlap Heating Pads:

Eppsteiner Law, APC 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 Law, APC 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 us. Eppsteiner Law, APC 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 Law, APC – or Call 800-237-0538 to discuss with an attorney.

Bosch and Siemens Frontload Washers

Eppsteiner Law, APC obtained certification of California, Illinois, Maryland and New York classes of Bosch Frontload Washer, Bosch FLW, owners.  We 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.  We 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 Law, APC 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 Law, APC – 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 Law, APC, 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

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