The consequences of not responding to a subpoena

Posted by Clyde Hutchins | Aug 03, 2016 | 0 Comments

I have mentioned before that there are serious consequences to not responding to a subpoena issued by the Attorney General. I want to explain a little more about those consequences. Generally speaking, both Wyoming and Colorado have similar statutory authority for issuing and enforcing civil inve...

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Is it possible to have the other party pay for my attorney fees?

Posted by Clyde Hutchins | Jul 28, 2016 | 0 Comments

Question: Is it possible to have the other party pay for my attorney's fees? Answer: In some cases, yes. A common exception to the rule that each party pays its own attorney's fees is recovery of fees for the prevailing party in some consumer protection actions. The general rule in Colorado and Wyoming is that each party is responsible for paying its own attorney's fees. If you sue someone, you are expected to pay for your own attorney's fees in the lawsuit. Sometimes attorneys will take a case pro bono (for free) or on a contingency basis such as a personal injury action. The client does not pay in those types of matters. But those are not the only exceptions. Some state and federal statutes provide that a consumer can recover attorney fees from the other side if the consumer is successful. These include federal laws such as the Truth in Lending Act, the Telephone Consumer Protection Act, the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. It also includes the Colorado Consumer Protection Act, and the Wyoming Consumer Protection Act in class action lawsuits and in cases on behalf of elderly and disabled victims of consumer fraud. Harmony Law takes advantage of these opportunities for its clients. Where available in a consumer rights case, Harmony Law will take the case on a contingency basis where the client does not pay for the fees and costs. Fees in such cases are based on a blended hourly and contingent basis.

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The Federal Trade Commission's view of Native Advertising

Posted by Clyde Hutchins | Jul 26, 2016 | 0 Comments

The Federal Trade Commission (FTC) recently issued guidance on ensures that "native advertising" is not deceptive to consumers. "Native advertising" is when an ad resembles the design and style of the media in which it is presented. "Native advertising" is becoming more and more popular in online media. Examples appearing online include some news feeds, where advertising will be inserted part way down the page, but made to look like another news story. Likewise, in some search engines, ads will appear along with the search results. These are both examples of online "native advertising." According to the FTC, in some cases native advertising may be a deceptive act or practice. It depends upon whether the wording and presentation of the ad misleads consumers about the commercial nature of the content. Does the consumer understand that it is an ad and not part of the contextual media?

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Credit Card Processing Company approval of your company’s website does not mean that the website is compliant with consumer protection law

Posted by Clyde Hutchins | Jul 21, 2016 | 0 Comments

Question. The company that processes the credit card and debit card purchases through my company website approved the website. That means my company website is compliant with the law, right? Answer. Not necessarily. Many online merchants rely on the company that processes the credit card transactions to determine whether the company website is compliant with the law. That is a very risky practice because the credit card processing company is not necessarily reviewing the website for compliance under consumer protection law.

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