Consumer Law

We handle a variety of consumer law cases including identity theft, consumer fraud, and unfair debt collection practices. I am paid by the hour, which means that clients consult with me for however long they feel is useful. If they elect to hire me to deal with the problem, I get a retainer and charge by the hour. Unlike other areas of the law, I do not do free consults because of the high volume of consumer complaints. However, since I charge $200.00/hr., a half-hour to forty-five minute consult is affordable for most people. It helps if you organize the information so that it is easier to understand the problem. Bring letters, bills, contracts, etc. with you.

Helpful Information

If you are the victim of consumer fraud, the following entities can help you:

Local Police - Make a police report if you are the victim of identity theft. In some cases, they can catch the thief but just as important, you can get a copy of the report, which can be important supporting evidence that there was indeed a theft. For other types of consumer fraud, it depends on the nature of the fraud. For example, there are a variety of frauds that are civil in nature and police contact is unlikely to be useful. For example, if you bought an item and believe that you were misled by the salesperson, it is not likely that a report to the police will assist you.

Local District's Attorneys Office - You can fill out an online complaint form or call them. This is unlikely to be helpful with identify theft but is often helpful for fraudulent transactions. They will investigate your claim and may pursue it for you. Having the report might be useful if you need to go to court.

Colorado Attorney General's Office - Consumer Fraud Division - They have an online computer form you can fill out and you can call them. They will investigate your claim and may pursue it for you. Having the report may be useful if you need to go to court.

Better Business Bureau - This is useful only in that a merchant who defrauds you may want to avoid having their reputation affected by your complaint. However, a merchant who regularly defrauds people probably doesn't care and some merchants do not feel that consumers check the BBB regularly enough that they are worried about it.

Commonly Asked Questions:

What do I do if I am the victim of consumer theft?

Make a report to the proper entities and create a detailed record of everything that happened. Send letters to the company or service provider so that it is very clear what has happened. Send certified letters if you are in contact with anyone other than the authorities. If you must talk with people by phone, get names, numbers and their job title as well as the date and exactly what was discussed. Send a confirming letter as to any important points to the person you spoke with.

If the theft is likely to expose you to significant debt, liability or will cost you significant money, consider consulting with an attorney. If it is not going to expose you those things, you might just want to report it and let it rest.For example, if a prospective client felt he had been deceived because a merchant sold them a product that cost $32.00 more than the advertisement, it would be better to report the merchant then to retain counsel.

Aggravating is it is to be cheated, it is also aggravating to spend a significant amount of time and money pursuing the problem even if you are lucky enough to get your attorneys fees back (and that is not certain). However, if a prospective client is being targeted for a $65,000 debt, it is well worth consulting with me or another attorney to determine whether negotiation or litigation will resolve the problem.

Will involving an attorney be worth the cost?

Sometimes it isn't. Consider the amount of money you have lost or the size of the debt that is being pursued and balance that against the cost of retaining an attorney. It is usually not very expensive to consult with an attorney on this issue. The attorney should be able to advise you as to 1) the strength of your case and 2) the likely cost of their services and whether there is a statute that would allow them to recover attorneys fees.

What creates a strong case?

It helps to have proof in the form of writing or good witness testimony. It helps if you have a lot of the details because you remember the events in question and kept copies of documents. Keep in mind that some cases will require some legal research to determine if there is a good cause of action that will work for your case.

How can I avoid being the victim of consumer fraud?

For Identity Theft:

Don't put outgoing mail in your mailbox or any other place where it can be intercepted.
Don't give out sensitive information (social security number, bank account information, etc.) over the net unless the business in question is a recognizable commercial entity that you know of by reputation or that you have verified is legitimate and you've reviewed what security measures exist to protect your data. For example, we've all heard of Ebay and they have an entire written policy about their security measures that are posted on their site.
Don't ever answer spam.
Don't click on enclosures from people or businesses you don't know.
If someone calls you and wants sensitive information, the answer is NO. Typically, any legitimate information a business needs would be requested in writing unless you are in the middle of a specific transaction. In that case, you usually know who is calling and their request will be appropriate to that transaction.

For Purchases and Loans:

Don't purchase significant items or take a loan of any kind without reviewing all the documents. That may mean taking them home and taking enough time to read them thoroughly and ask questions if you want to complete the transaction that day, or even taking them to an attorney. Items like interest rates, penalties for late payments, balloon payments, etc. can have a dramatic effect on the transaction.
Anything that is promised to you in a commercial transaction needs to be in writing or it will be difficult if not impossible to get help in enforcing it. (Typically, courts follow an old rule that if it was important you'd have gotten it in writing.).
Review any limited time special offers skeptically. If you have any doubts, walk away and think about it. You can research it at home that night and see if it is genuine. Genuine deals do not usually disappear overnight. It is much easier to walk away if you remind yourself that most transactions of this kind are not over life's necessities, they are over optional, big ticket items that you can and should research. You might get a better deal if you do and you certainly will avoid many frauds.

What do I do if I am the victim of identity theft?

Document everything, save all proof and make notes of all conversations (including date, time, person spoken with and details of the conversation)
Make a police report immediately. Identify to the police any possible suspects.
Notify your bank, credit card companies and all other relevant companies by phone and in writing immediately.
Change any passwords and other identifying information that would assist the thief.
Do detailed correspondence to the relevant companies and save copies.

What do I do if I am the victim of Consumer Fraud?

Collect all relevant details in the form of contracts signed, documents, letters, photographs, and notes of conversations about the transaction.
Notify the local DA’s office and fill out a consumer fraud complaint with the Colorado Attorney General, Consumer Fraud Division.
If you think it is useful to contact the company in question, the letter should set forth what you think occurred and what you want them to do about it. With a deadline.
Consult with an attorney if you do not receive prompt resolution. You need to make a determination as to whether it is worth your time or attorney money to pursue the issue.

Lemon Law Problems

Although we do not handle these types of cases, we can recommend:

Rick Wynkoop
Wynkoop & Thomas P.C.
4410 Yates Street
Denver CO
80212
720-855-0451

For issues concerning the Magnuson-Moss Act:

Dana M. Arvin, Esq.
2071 Ivanhoe Street
Denver, Colorado 80207
Telephone: 303-333-5909
Cell: 303-328-7565