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The Consumer Financial Protection Bureau and 49 state authorities pounded Ocwen Loan Servicing for the mishandling of home mortgages. If you have had problems with Ocwen mishandling the servicing of your mortgage loan, especially in Missouri, please contact Civil Justice Law Firm for a free consultation. The firm is interested...
Civil Justice Law Firm has filed suit on behalf of a consumer who was charged for service she did not authorize. The suit alleges violation of Missouri’s Merchandising Practices Act, a consumer protection law that prohibits unfair business practices. If you or someone you know has had similar experience being...
CJLF is investigating problems with geothermal heat pumps and their installation, specifically the problem that they do not function properly in high temperatures common during the hottest months in Missouri. If you or someone you know has a geothermal heat pump that has been installed in Missouri in the past...
Civil Justice Law Firm is investigating claims that Heartland Recovery Center is systematically violating state and federal minimum wage laws by unlawfully taking 75% or more of workers’ wages upon “termination” from the program. Federal and state law require that workers be paid at least the minimum wage for all...
A study of 4,387 workers in low-wage industries found that of those working more than 40 hours in the previous week, a shocking 76% were not paid the legally required overtime rate. Of those who did not receive the legally required overtime pay, the average worker worked 11 hours of...
Missouri workers are protected by the federal Fair Labor Standards Act and the Missouri Minimum Wage and Overtime Law. With limited exceptions, workers are entitled to the 1.5x overtime rate for hours worked beyond 40 per week. In addition, Missouri law allows workers to assert claims for “unjust enrichment” on...
In Berry v. Volkswagen, the Missouri Supreme Court affirmed the legal principle that consumers with small claims for damages against a company that violated the consumer’s rights may have attorney fees paid by the defendant corporation. 379 S.W.3d 425 (Mo. banc 2013). Looking to the attorney fee-shifting provision of Missouri’s...
The Missouri Supreme Court denied transfer in Peel v. Credit Acceptance Corp., leaving intact the decision of the Court of Appeals affirming the trial court’s judgment in favor of the plaintiff consumer. The plaintiff, Ms. Peel, bought a car at a used car dealer, but the dealer failed to provide...
One illegal strategy that some debt collectors use is to sue their customers in the company’s home state rather than the state where the customer lives. If the customer has not had at least “minimum contacts” with the state where the company files suit, then the court handling the case...
Civil Justice Law Firm and Saxton Law Firm are investigating improper loan servicing practices at Ocwen Loan Servicing and its affiliates. Ocwen’s improper conduct may include failing to send proper notices, wrongfully delaying the application of payments to borrowers’ accounts, demanding payments in excess of amounts actually due, charging “late”...
Missouri wage statutes require that any employer who pays less than the wages required by law must pay “the full amount of the wage rate and and additional equal amount as liquidated damages.” R.S.Mo. 290.527. Missouri employees are entitled to at least the full minimum wage and applicable overtime rate...
State and federal departments of labor report that among the most frequent violators of wage laws are businesses in communications and food services. For example, retail restaurants often illegally require workers to do “prep” work before their shift or clean-up work after their shift, without pay. Customer service call centers...
Missouri’s Merchandising Practices Act, R.S.Mo. 407.020, makes it unlawful for a business to engage in any deception, misrepresentation, or unfair practice in consumer transactions. The Act also provides that consumers who suffer from such misconduct may sue to recover the amount they have lost, and may also recover punitive damages....
The Fair Labor Standards Act, and its provision for recovering unpaid wages, is interpreted by the Department of Labor. The DOL has long held that for purposes of the FLSA, “In determining the number of hours for which overtime compensation is due, all hours worked by an employee for an...
“Our Nation, so richly endowed with natural resources and with a capable and industrious population should be able to devise ways and means of insuring… a fair day’s pay for a fair day’s work.” FDR, May 1934 The law has evolved to protect workers’ rights, but many employers continue to...
In a “recent” (1962) address to the U.S. Congress, President John F. Kennedy discussed the importance of laws to protect American consumers: http://www.presidency.ucsb.edu/ws/?pid=9108 (Note: the link is to an unaffiliated website operated by ucsb.edu.) Perhaps most stunning about President Kennedy’s observations are their relevance today, over 50 years later....