Consumer Protection Ligitation

Bartolone Legal Group is dedicated to protecting the rights of consumers, and prosecuting those responsible for our clients' losses.

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Consumer Protection Litigation

Our litigation attorneys are highly skilled and experienced trial lawyers, trained to be pragmatic and see "the big picture", yet as aggressive and persistent as our clients want us to be, whether in state or federal court or before an administrative agency.

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The head of the firm's Litigation Department, Aldo G. Bartolone, Jr., has personally handled over 35 jury trials in both state and federal courts. Our experience extends beyond the trial level, as is evidenced by the group's extensive record of appellate advocacy.

Our team handles complex trials and appeals and has presented cases to a number of appellate forums, including:

  • The Eleventh Circuit Court of Appeals
  • Second Circuit Court of Appeals
  • The Fifth District Court of Appeal of FL.

At Bartolone Legal Group, we are professionals who understand that litigation can be an important tool or inevitable circumstance to achieve your goals, but is not an end that is always desired. We do not merely find a solution for a particular problem and consider our job complete. Clients seek out our litigation attorneys to represent their ongoing legal needs, such as adjusting certain business practices after a dispute has been settled or advising on preventative measures that can avoid litigation. Our clients look to us to provide recommendations on how various dispute resolution alternatives can be used effectively and economically.

Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act eliminates abusive practices in the collection of consumer debts, to promote fair debt collection, and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy.

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Are debt collectors demanding payments on debts you can no longer afford? Are bill collectors harassing you over debts that you've already paid? Are you being harassed over debts that are not yours?

The fair debt collection practices act offers protection from illegal and unethical debt collection tactics. This self-help site provides in-depth information about the federal fair debt collection law law and many state collection laws as well. The purpose of this site is simple; to help consumers better understand their rights and to help they learn how to handle illegal and unethical debt collection situations.

Bartolone Legal Group handles complex trials and appeals and has helped many clients with this problem. We can help you to!


Stopping Collector Harassment.

Start learning about your rights under the The Fair Debt Collection Practices Act (FDCPA). Also known as the fair debt act or FDCPA, this federal law was enacted to protect us from collector abuse...but it only works if we know how to use it properly!

The FDCPA clearly defines the rules that bill collectors and even collection attorneys must obey when collecting debts. Many states have their own laws similar to the FDCPA and some of these laws also define collection rules for creditors collecting their own debts.

Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) is a United States federal law. that regulates the collection, dissemination, and use of consumer information, including consumer credit information.

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According to this act, you have a right to review your credit report and to have incorrect information corrected.

Credit is valuable. The importance of how much credit you have and how you use it goes far beyond shopping. Whether you have good or poor credit can affect where you live and even where you work, because your credit record may be considered by prospective employers. That is why you need to understand how credit is awarded or denied and what you can do if you are treated unfairly.

The Fair Credit Reporting Act promotes the accuracy and privacy of information in consumer credit reports. It also controls the use of credit reports and requires consumer reporting agencies to maintain correct and complete files.

The FCRA was passed to address a growing credit reporting industry in the United States that compiled "consumer credit reports" and "investigative consumer reports" on individuals. The FCRA was the first federal law to regulate the use of personal information by private businesses.

Unfair and Deceptive Trade Practices

Unfair business practices encompass fraud, misrepresentation, and oppressive or unconscionable acts or practices by business, often against consumers. Unfair business practices may arise in many areas, including:

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  • Tenancy matters
  • Matters involving the purchase of products and services by consumers
  • Matters involving insurance claims and the settlement thereof
  • Debt collection in cases of default

In addition to providing for the award of compensatory damages, laws may also provide for the award of punitive damages as well as the payment of the plaintiff's legal fees.

At common law, individuals were not entitled to attorneys fees or punitive damages for wrongful acts committed by businesses in most states. Most often, laws prohibiting unfair business practices require consumers to send demand letter to the business prior to commencing with a law suit. If the business fails to make a reasonable offer of settlement within a specified period of time, and is subsequently found liable in court, it may be liable for punitive damages and the injured parties reasonable attorney's fees under many statutes. In some instances, the statutes provide for prevailing plaintiffs to recover double or triple the actual damages against non-settling defendants.

When statutes prohibiting unfair and deceptive business practices provide for the award of punitive damages and attorneys fees to injured parties, they provide a powerful incentive for businesses to resolve the claim through the settlement process rather than risk a more costly judgment in court.

Class Action Lawsuits

In law, a class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued.

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Almost all of us have at one time received notice from the courts that we are a member of a class action lawsuit and have wondered, "What does it all mean? What is the best course of action for us to take? What do I stand to gain or lose if I take one action or the other? Where can I get information to help me make an informed decision?"

Not knowing the answers to the above and other questions, our normal course of action is to throw the notice in the trash and forget the matter. This is normally not the best action to take. In this site I will try to show what other actions are possible in a class action lawsuit and should be considered.

The purported purpose of class action lawsuits is to give the common man the ability to take on the largest corporate or private entities (who can afford the very best legal services) and have a chance of redressing the wrong done by these entities. It is important to remember that even though the actual damage or cost to the individual class member may be small, the illicit gain to the corporate entity can be huge if done to hundreds or even hundreds of thousands of class members.

Bartolone Legal Group will seek the justice you so desperatley want. We can help!

Bankruptcy Adversary Proceedings

An adversary proceeding is just like what it sounds like–someone is fighting with someone else in the bankruptcy court. There are three parties in the bankruptcy court case who can file an adversary proceeding–bringing someone in front of a judge to explain their actions in a hearing or a trial.

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Those parties are the creditor, the trustee (either the chapter trustee or the United States Trustee), and the debtor. Each of the kinds of adversarial proceedings means the judge will make a decision about the issues presented. And , since most debtors never meet the judge, this can be intimidating!

When a creditor files an adversary proceeding, it is usually because the creditor is arguing that the debt owed to the creditor should not be discharged in the bankruptcy.

Why? The creditor may argue that the debt falls within one of the exceptions to discharge, such as a debt created through fraud, willful or malicious injury, or a personal injury caused by drunk driving. Or, the creditor may argue that the filing of the bankruptcy case was done in bad faith. These kinds of adversary proceedings are not common. If the client has been honest and told their attorney everything, the attorney will have warned the debtor/client in advance of the possibility of this kind of adversary proceeding.

Bartolone Legal Group will seek the justice you so desperatley want. We can help!

Predatory Lending

Predatory lending describes unfair, deceptive, or fraudulent practices of some lenders during the loan origination process. While there are no legal definitions in the United States for predatory lending, an audit report on predatory lending from the office of inspector general of the FDIC broadly defines predatory lending as "imposing unfair and abusive loan terms on borrowers."

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Do you believe you have been a victim of predatory lending practices?

Over the last several years, our nation has made enormous progress in expanding access to capital for previously under served borrowers. Despite this progress, however, too many families are suffering today because of a growing incidence of abusive practices in a segment of the mortgage lending market. Predatory mortgage lending practices strip borrowers of home equity and threaten families with foreclosure, destabilizing the very communities that are beginning to enjoy the fruits of our nation's economic success.

Wherever there is a pool of low-income homeowners or other groups of individuals who are financially vulnerable, the potential for greedy mortgage companies or con-artists to step in looms large. While the actions of these companies may not always be illegal, the result can be the same: the homeowners may lose their home and the professionals who supposedly 'helped them' end up profiting. These helpers are predators – seeking their prey from the elderly, the sick, the poor. Predatory lending practices can leave victims homeless and defeated, stripped of self-respect and hope, their credit ruined.

Bartolone Legal Group will seek the justice you so desperatley want. We can help!

Foreclosure Litigation

When lenders are too eager to make loans, they often willfully or unknowingly violate either the federal Truth in Lending Act (TILA) or the Real Estate Settlement Procedures Act (RESPA). The result can be a loan that the borrower cannot ultimately afford, and eventually results in foreclosure proceedings.

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It's no surprise that foreclosure litigation is becoming more common now that it has been revealed that the poor lending practices of banks are so widespread.

By reviewing your loan papers, the Bartolone Legal Group can determine if violations of TILA or RESPA are evident, and provide recommendations on filing a lawsuit on your behalf.


Foreclosure litigation may help to:

  • Keep you in your house.
  • Stop all foreclosure proceedings while the suit is pending.
  • Prevent the lender from reporting negative information to credit reporting agencies.
  • Result in damages being paid to you.

Most often these suits do not go to trial, as foreclosure litigation makes the lender eager to renegotiate your loan when they realize how much is at stake.

As with all legal options, you should seek qualified legal advice regarding foreclosure litigation.

If you have been served notice of foreclosure proceedings, contact Bartolone Legal Group immediately to explore options that may save your home.

Bartolone Legal Group will seek the justice you so desperatley want. We can help!

Mortgage Fraud

Mortgage fraud is crime in which the intent is to materially misrepresent or omit information on a mortgage loan application to obtain a loan or to obtain a larger loan than would have been obtained had the lender or borrower known the truth.

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If you lie on your real estate loan application, it's mortgage fraud. Even tiny white lies constitute mortgage fraud. But many borrowers hedge a little there, puff a little here, often because they don't know any better or, worse, because a real estate professional suggested it's no big deal.

In United States federal courts, mortgage fraud is prosecuted as wire fraud, bank fraud, mail fraud and money laundering, with penalties of up to thirty years imprisonment.

As the incidence of mortgage fraud has risen over the past few years,[2] states have also begun to enact their own penalties for mortgage fraud.

Types of fraud:

  • Occupancy fraud
  • Employment fraud
  • Failure to disclose liabilities
  • Fraud for profit
  • Appraisal fraud
  • Cash-back schemes
  • Shotgunning
  • Working the gap
  • dentity theft

If you have been involved in Mortgage Fraud, contact Bartolone Legal Group immediately to explore options.

Bartolone Legal Group will seek the justice you so desperatley want. We can help!

Professional Liability

Professional liability, also referred to as professional malpractice, occurs when a person practicing his or her profession improperly performs the duties of that profession, and someone is injured as a result.

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Bortolone Law Firm has substantial experience in the defense of professional liability claims against accountants/tax professionals, Directors & Officers (D&O), financial advisors/brokers, insurance agents/brokers, lawyers, and real estate professionals.

A professional malpractice suit can be brought against any type of professional, including accountants, architects, clergypersons, dentists, doctors, engineers, lawyers, and psychologists, but these types of suits most often involve members of the medical and legal professions.

Bortolone Law Firm handles professional liability claims on behalf of numerous clients and insurance carriers. Within our healthcare practice, our attorneys have defended healthcare providers that include physical therapists, dentists, therapists, psychologists, psychiatrists, skilled nursing facilities, hospitals, residential care facilities, nurses, and veterinarians. Our team also defends Certified Nursing Assistants against claims of professional negligence, premises liability, elder abuse, fraud, lack of informed consent and other types of claims.


Bartolone Legal Group will seek the justice you so desperatley want. We can help!

Appeals

An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision.

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The nature of an appeal can vary greatly depending on the type of case and the rules of the court in the jurisdiction were the case was prosecuted.

A person who initiates an appeal—the appellant, sometimes called the plaintiff in error, must file a notice of appeal, along with the necessary documents, to commence appellate review. The person against whom the appeal is brought, the appellee, then files a brief in response to the appellant's allegations.

There are usually two stages of review in the federal court and in many state court systems: an appeal from a trial court to an intermediate appellate court and thereafter to the highest appellate court in the jurisdiction. Within the appellate rules of administrative procedure, there might be several levels of appeals from a determination made by an Administrative Agency. For example, an appeal of the decision of an administrative law judge may be heard by a reviewing body within the agency, and from that body, the appeal may go to a trial court, such as a federal district court. Thereafter, the appeal might travel the same route as an appeal taken from a judicial decision, going from an intermediate to a superior appellate court, or it might go directly to a superior appellate court for review, bypassing the intermediate stage.

Bartolone Legal Group will seek the justice you so desperatley want. We can help!

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407-999-2236

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