Category

Consumer Protection

Consumer Protection

Ayala Files Class Action Lawsuit Against Consumer Portfolio Services Inc. for Its Deceptive Collection and “Late” Charges Practices

Ayala filed a Class Action lawsuit on behalf of its client against California Consumer Portfolio Services Inc. (CPS). In the Complaint, Ayala’s client alleges that CPS consistently charges “late fees” even though consumers pay their car payments before the paying deadline. Because CPS processes the payments after that, CPS slams consumers with late fees on already unfair and one-sided car loans. The Complaint also alleges…
Ayala Law P.A.
August 6, 2021
Consumer Protection

The Two Most Common “Business” Scams Targeting South American and Other Investors

It is sad to see how many South American, small business owners, with the hope of investing their hard-earned capital in the U.S., get scammed. South Americans look to the U.S. as a safe, rich, and reliable capitalistic society. In turn, sometimes, they find themselves the target of bogus, straight-up scam deals where they end up with nothing, and the scammer, with their capital. In…
Ayala Law P.A.
July 21, 2021
Consumer Protection

The Telephone Consumer Protection Act (TCPA): What You Must Know About Unwanted Calls or Texts

The TCPA is a federal law passed by congress in 1991 in response to the growing rise of robocalls and faxes. Later, with the growing use of text messages, the Federal Communications Commission (FCC) declared that text messages are subject to TCPA restrictions. The law applies to telemarketing calls and automatic telephone dialing system (ATDS) calls. An ATDS is defined as: equipment which has the…
Ayala Law P.A.
February 4, 2021
BlogBreach of ContractConsumerConsumer ProtectionInternet Agreements

Law360 Publishes Ayala’s Attorney Article on Clickwrap-Internet Agreement Litigation

Renown Legal news site law360.com published an article by attorney Eduardo A. Maura where he discusses the current state of litigation involving clickwrap hybrid agreements. Hybrid clickwrap agreements are internet contracts where consumers are asked to assent by click to an agreement that is available via a hyperlink, which in turn contains itself a hyperlink with an additional agreement. In the article, A. Maura discusses…
Ayala Law P.A.
September 1, 2020
Class ActionsConsumerConsumer Protection

Ayala Files Privacy-Violations Class Action Against Owners of Covid-Opportunistic Store Dreside.com

Ayala files privacy violation class action under the Telephone Consumer Protection Act (TCPA) against covid-19 opportunistic Dreside.com and its owners. Navitelia, the parent company took advantage of the covid-19 pandemic to mass text and email thousands of individual consumers, without their consent and despite countless of “Stops,” and “Unsubscribes,” by consumers. Under the TCPA, a company cannot text or call consumers without their consent using…
Ayala Law P.A.
July 3, 2020
Class ActionsConsumerConsumer Protection

Ayala Files Class Action Lawsuit Against LATAM Airlines Alleging Its No-Show Policy is Unlawful

Ayala filed a lawsuit on behalf of its client, a Florida limited liability company (TM Solutions), alleging that, when LATAM cancelled the flights TM Solutions purchased for its employees, despite having been told that the passengers needed these flights, LATAM violated the Montreal Convention and Florida consumer protection statutes. The class action also alleges that LATAM policy of cancelling consumers’ flights, when they cannot make…
Ayala Law P.A.
April 13, 2020
Breach of ContractBusinessCivil ActionsCivil LitigationConsumerConsumer ProtectionContractLawsuitlawyerLitigation

The Three Most Common Contractual Disputes and How to Avoid Them

There is a myriad of issues that can make an otherwise great contractual relationship go wrong. In this article we discuss the three most important ones we’ve found throughout the years: Lack of, or insufficient paper evidence of the contract: Believe it or not, one of the main problems is that we can’t find the actual contract. Whether it is finding signed version, all the…
Ayala Law P.A.
December 4, 2019
Civil ActionsCivil LitigationClass ActionsConsumerConsumer ProtectionFraudIn the NewsLawsuitLitigation

Ayala Files Class Action Against American Airlines and Allianz Alleging They Misrepresent The Contents of the Travel Insurance They Sell

Ayala filed a lawsuit against American Airlines (“AA”) and Allianz Insurance for their role in the sale of what they label as “travel insurance” or “travel protection” product. As stated in the Class Action Complaint (“Complaint”): “ reasonable consumer would get the net impression that Allianz’s insurance provides broad, no-fault insurance protection and coverage, and that should one choose to purchase this insurance, one would…
Ayala Law P.A.
October 18, 2019
BlogBreach of ContractBusinessCivil ActionsCivil LitigationCivil ProcedureConsumer ProtectionContractFraudLitigationTrial

Ayala’s Client Case Against Simply Healthcare Plans Inc., Set For Jury Trial in August 2019

After nearly two years of contentious litigation, Ayala’s case on behalf of its client, a Miami Medical Center, is set for jury trial in August 2019. In the case, Ayala’s client claims that the defendant, wrongfully terminated its contract with it, under bogus allegations of violations of the law, in an effort to transfer Ayala’s client’s patients to other friend-centers of (or in association with)…
Ayala Law P.A.
January 17, 2019