When a company or collector breaks the rules
When a business overcharges you, misrepresents what it is selling, or refuses to fix a problem it caused, the loss can be more than money. Billing errors can end up on your credit report, and unfinished work can leave your home unsafe. Usher Law Group helps consumers in New York challenge unfair and deceptive business practices, first through documentation and negotiation, and in court when needed.
Disputes we handle
Billing errors and overcharges
Healthcare providers, utilities and phone or internet companies sometimes bill for services never provided, charge duplicate fees, miscalculate usage or ignore insurance adjustments. We review the statements, identify the errors, and demand corrections or refunds.
Credit reporting errors
An inaccurate account on your credit report can affect an apartment application, a loan or a job. The federal Fair Credit Reporting Act lets you dispute inaccurate information with the credit bureaus, which must investigate. We help prepare disputes and evaluate claims when errors are not fixed.
Contractor and home service disputes
Contractors may abandon a job, perform substandard work or demand payment for work not done. We review the contract, collect evidence of the problems, and negotiate or litigate for repairs, a refund or damages. In New York City, home improvement contractors generally must be licensed, and licensing issues can matter in a dispute.
Lease and rental problems
Tenants may face misrepresented lease terms, ignored repair requests or unsafe conditions. We review the lease, document the violations and pursue a resolution or compensation.
Defective or misrepresented products
If a product does not work, is unsafe, or lacks features that were advertised, we document the problem and pursue a refund, replacement or damages. New York law prohibits deceptive business practices and false advertising.
Unfair debt collection
Collectors may call repeatedly, misstate the amount owed or threaten action they cannot take. We evaluate the conduct under the federal Fair Debt Collection Practices Act and state law, and challenge unlawful collection attempts. If you have been sued, see collections litigation.
Insurance claim disputes
Insurers may delay claims, deny coverage without a clear reason or undervalue a loss. We review the policy and the claim file, and hold the insurer to its obligations.
Refunds and cancelled services
Gyms, schools and other service providers sometimes stop providing services, cancel programs or refuse refunds they owe. We negotiate and, when needed, file a claim.
How a consumer claim moves forward
- Organize the evidence. A clear paper trail is often the most important part of a consumer claim.
- Analyze the claim. We determine which laws apply, who is responsible and what remedies may be available.
- Try to resolve it directly. A written demand from a lawyer often gets a response that phone calls did not.
- Use outside channels. Where it helps, we file complaints with the agency that oversees the business.
- Go to court if needed. Smaller claims may fit small claims court; larger or more complex claims may require a lawsuit in civil court or another forum set by your contract, such as arbitration.
What to gather
- Contracts, invoices, receipts and warranties
- Bills and account statements, with the disputed charges marked
- Emails, letters, chat transcripts and notes of phone calls, with dates and names
- Photos or video of defective work or products
- Credit reports and any dispute letters you already sent
- Advertisements or website pages that show what was promised
Deadlines and agencies
Consumer claims have time limits that vary by law and by the type of claim, and many contracts contain arbitration clauses or shortened deadlines. Some disputes can also be reported to government agencies, including the Consumer Financial Protection Bureau for financial products and debt collection, and the Federal Trade Commission for fraud and deceptive practices. A complaint to an agency does not stop the time limit for a lawsuit, so speak with a lawyer early. To discuss your dispute, contact us.
Frequently asked questions
What counts as a deceptive business practice in New York?
New York law prohibits deceptive acts and practices and false advertising in consumer transactions. In general, a practice is deceptive if it is likely to mislead a reasonable consumer in a material way. Whether a particular practice qualifies depends on the facts.
How do I fix an error on my credit report?
Under the Fair Credit Reporting Act, you can dispute inaccurate information with each credit bureau reporting it, and the bureau must investigate. Keep copies of your dispute and the response. If the error is not corrected, you may have a claim.
My contract has an arbitration clause. Can I still sue?
Many consumer contracts require arbitration instead of court, and some allow small claims court as an exception. We review the clause to determine where your claim can be brought.
Is it worth hiring a lawyer for a small consumer dispute?
Sometimes a demand letter is enough, and some consumer protection laws allow a successful consumer to recover attorney's fees. At the consultation we discuss whether the amount at stake justifies legal action and what the most practical route is.