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Where the case can be filed


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#1 nmarker51

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Posted 31 December 2012 - 03:23 AM

When a company improperly inflicts unfair terms and conditions in insurance contracts or loan agreements in a manner that annoys consumers, where the case can be filed? Should we approach a business lawyer or Class action lawyer?

#2 adjusterjack

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Posted 31 December 2012 - 07:34 AM

Being "annoyed" by insurance companies or lenders is not grounds for a successful lawsuit.

But if you did have real grounds for a lawsuit you would file it where you live as your local courts would have "personal jurisdiction" (google it) over companies that do business in your area.

You haven't said what your beef is but, generally, the possibility of qualifying for a class action is remote.

Most people are clueless about how a class action works and mistakenly think it's just a way of getting free legal representation.

If you'd care to explain what happened to you, you might get better comments.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 Guest_FindLaw_Amir_*

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Posted 31 December 2012 - 09:53 AM

Could you please elaborate a bit more on your legal issue concerning your post?

#4 pg1067

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Posted 31 December 2012 - 06:52 PM

When a company improperly inflicts unfair terms and conditions in insurance contracts or loan agreements in a manner that annoys consumers, where the case can be filed?


What "case"? Just because a customer is "annoyed" by a term in an insurance contract or loan agreement doesn't give rise to any sort of legal claim. In any event, I've never heard of an insurance contract or loan agreement that didn't provide for a particular jurisdiction and venue where any lawsuit between the customer and the insurer or lender must be filed.


Should we approach a business lawyer or Class action lawyer?


You would only approach a class action lawyer if you have reason to believe that there are numerous others who have identical claims such that using normal joinder rules would be impractical.

#5 Tax_Counsel

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Posted 31 December 2012 - 09:30 PM

When a company improperly inflicts unfair terms and conditions in insurance contracts or loan agreements in a manner that annoys consumers, where the case can be filed? Should we approach a business lawyer or Class action lawyer?


Note that what is “fair” depends on who you ask. The issue in contract law is whether the terms in the contract violate some federal or state statute or are a type of provision that the courts in the relevant jurisdiction have held to be unconscionable. There are very likely any number of terms in insurance or loan contracts that consumers don’t like and might consider “unfair” but that are nevertheless not illegal contract provisions. The consumer’s first line of defense is always to read and understand the contract terms before entering into the contract. If a consumer doesn’t read the contract and simply blindly enters into it, that fault generally falls on the consumer.

If you provide some more information about what specific contracts are at issue and what kinds of provisions in them you find objectionable, you might get some more detailed feedback. All I can tell you on the information you provided is that you might want to see a consumer rights or contract lawyer in your state to review the contract and tell you if you have anything worth pursuing.




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