Despite decades of government effort, consumer fraud remains a serious problem — defective products, false advertising, hidden fees, and mishandled personal data. The good news: state and federal law gives harmed consumers real remedies. The attorneys at Maverick Litigation fight for consumer rights across West Virginia, Ohio, and Pennsylvania, and have successfully litigated hundreds of consumer cases.
Common Types of Consumer Fraud
- False advertising — exaggerating or lying about a product’s benefits or features, like health claims with no research behind them or “all natural” labels that aren’t true
- Auto fraud — selling dangerous or defective vehicles, hiding fees, rolling back odometers, concealing accident history, or misrepresenting financing terms
- Hidden fees — subscriptions and service contracts that spring undisclosed monthly charges on consumers, a practice especially common among telecom and streaming providers
- Defective products — companies that knowingly sell dangerous products, or that learn of a defect from complaints and choose not to warn purchasers or pull the product
Lemon Law Claims
Auto fraud deserves special attention because cars are among the largest purchases most families make — and among the hardest to evaluate. If you bought a new vehicle that keeps breaking down, West Virginia, Ohio, and Pennsylvania all have “lemon laws” requiring the manufacturer to fix a warranty-covered defect within a reasonable number of attempts. If repeated repairs fail — or the vehicle sits in the shop for weeks — you may be entitled to a replacement vehicle or a full refund, and the manufacturer may have to pay your attorney’s fees.
Timing matters: these protections generally apply to problems arising early in the vehicle’s life (in Ohio, the first year or 18,000 miles; in Pennsylvania, the first year or 12,000 miles), so act promptly and keep every repair order. Bought a used car? The federal Magnuson-Moss Warranty Act and state consumer protection statutes can still provide a remedy when a vehicle under warranty can’t be fixed or a dealer concealed its condition.
State and Federal Consumer Protection Laws
Each state in our region has its own consumer protection statute. West Virginia’s Consumer Credit and Protection Act and Ohio’s Consumer Sales Practices Act prohibit unfair, deceptive, or unconscionable business practices and entitle consumers to refunds, replacements, and damages. Pennsylvania’s Unfair Trade Practices and Consumer Protection Law goes further still, allowing courts to award up to three times a consumer’s actual damages plus attorney’s fees.
One timing point matters in West Virginia: before filing many claims under its Act, a consumer must send the business written notice and give it a chance to make a settlement offer. Missing that step can delay or defeat an otherwise strong case — another reason to talk to a lawyer early.
Federal protections add another layer:
- Fair Debt Collection Practices Act — limits how third-party debt collectors may pursue you
- Telephone Consumer Protection Act (and Ohio’s Telephone Solicitation Sales Act) — restricts unwanted calls and texts
- Consumer Product Safety Act and FTC Act Section 5 — bar unfair and deceptive acts and practices
- Fair Credit Reporting Act — governs the accuracy and handling of your credit information
Fighting Back
If you believe you’ve been the victim of consumer fraud — or you’re stuck with a lemon — speak with a consumer protection attorney promptly to understand your rights and preserve your claim. Which state’s law applies, and what remedies it offers, depends on where and how the transaction occurred. Our attorneys are former federal prosecutors with decades of collective experience in civil and criminal fraud litigation, with cases tried in every county of West Virginia and thousands more resolved by negotiation. For more information, contact us.