Category

Consumer

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

By | Blog, Breach of Contract, Consumer, Internet Agreements, News & Announcements | No Comments

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…

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Ayala Defeats Defendant’s Motion to Force Its Client Into Arbitration of Contract Allegedly Induced by Fraud and Duress

By | Consumer, Litigation, News & Announcements | No Comments

After two contentious hearings, Ayala was able to defeat Exclusive Residence’s (ER) Motion to force Ayala’s client into an expensive, time consuming arbitration process. Ayala filed the lawsuit against ER, a timeshare seller, back in October 2019 alleging that through deceptive, well-planned methods, ER targets innocent consumers (mostly foreigners) to sell them a phony vacation package with the single goal of getting consumers to agree…

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

By | Class Action, Consumer, News & Announcements | No Comments

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…

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

By | Class Action, Consumer, News & Announcements | No Comments

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…

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The Three Most Common Contractual Disputes and How to Avoid Them

By | Breach of Contract, Business, Civil Actions, Consumer, Contract, Lawsuit, lawyer, Litigation, News & Announcements | No Comments

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…

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

By | Civil Actions, Class Action, Consumer, Fraud, In the News, Lawsuit, Litigation, News & Announcements | No Comments

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”): “[A] 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…

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