(408) 241-1000

Fighting for
California Consumers

Since 1993

 

For over 31 years, I have represented California consumers in the following areas: Credit Reporting, Debt Collection, Mortgages, Auto fraud, Lemon law, Fraudulent Bank Charges, Class Actions, and Unfair Business Practices.

Practice Areas

I represent consumers who have been cheated, overcharged, mislead, or harassed. Many of the cases I work on involve debt collection, credit reporting, auto purchases, lemon law, and mortgages. Almost all cases are handled on a contingency basis. That means that there is no fee unless I win your case.

“Mr. Kennedy’s work ethics exceeded all of our expectations! He truly is in his profession to help his clients win. Our experience right out of the gate was exchanging our case information and his ability to communicate and effectively manage and organize all of our information going back over a decade. All of his time spent with us was to retrieve information so he can do his research which as extraordinary and he followed up with us immediately with his findings. Every time we met with Mr. Kennedy we were provided with detailed feedback and instructions. Our honest and personal experience with Mr. Kennedy’s law firm is that he is hands down the BEST lawyer you will ever hire. He is trustworthy, detailed, determined, and dedicated to his clients. He is our attorney for life!”

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Fraudulent Bank Charges

Has somebody withdrawn money from your bank account, or charged your credit card without your knowledge? Many times, banks refuse to remove fraudulent charges. You have rights. I have handled many such cases and forced banks to remove the charges.

Lemon Law

Have you bought a car that has a warranty, but doesn’t work right? If the dealer can’t fix the car after a reasonable number of tries, you may have the right to get your money back.

Credit Reporting

If your credit report has wrong information which is hurting your credit rating, I can help. I bring lawsuits under the state and federal laws which require that your credit report be fixed and damages be paid.

Debt Collection

If a debt collector is harassing or misleading you, you have rights under the federal and California Fair Debt Collection Practices Act. These laws prohibit unfair and deceptive debt collection.

Mortgages

Mortgage companies sometimes refuse to correct their mistakes and demand that consumers pay money that is not owed. When the consumer doesn’t pay, the companies ruin the consumer’s credit and start foreclosure.

Auto Fraud

If you have been ripped off by a car dealer, your rights under California’s Rees-Levering Act and other laws may have been violated.

Class Actions

If a business is ripping off lots of people in the same way it ripped you off, you might be able to file a class action on behalf of yourself and all the other people. I have brought a number of class actions which have resulted in refunds for many consumers.

Unfair Business Practices

California law prohibits any unfair, unlawful, and fraudulent business practice.  Businesses which engage in such practices can be forced to refund money and start complying with the law.

Verdicts and Settlements

 

Mortgages

My clients entered into a loan modification. The mortgage was transferred to Nationstar Mortgage, which failed to correctly enter the modification into its system. Nationstar refused to fix the problem despite numerous disputes, and began foreclosure. Nationstar refused to fix the problem until my clients filed a lawsuit. The case settled with a payment of $250,000 to my clients.

Credit Reporting

My client paid off his home loan with Citimortgage Inc. early. Citimortgage’s computer system would not allow my client to make his last payment, even though the mortgage documents gave my client the right to pre-pay the mortgage. Citimortgage’s computers accepted the final payment, but did not apply it to his account. In subsequent months, when no further payments were made by my client, Citimortgage reported derogatory credit. My client requested that they withdraw the derogatory credit but they refused. We successfully brought a lawsuit to force Citimortgage to remove the negative credit information and for damages.

Lemon Law

My client bought a new Pontiac which had a repeated brake problem. At speeds over 45 m.p.h., application of the brakes caused the steering wheel and front end to shimmy, and the brakes to throb. My client brought the car in four times for repairs, but the problem always returned within a month. Finally, my client asked GM to repurchase the car under the lemon law, but they refused. We successfully brought an action to force GM to buy back the Pontiac.

Debt Collection

My client was contacted by a local debt collector named Creditcare, Inc. concerning a ten year old account which  she did not owe. The collector was abusive to her, and repeatedly called her at work. The collector also contacted my client’s co-workers and her mother. On one occasion, he taunted my client to put her boss on the line, repeating: “fetch her, fetch her, fetch her, fetch her.” We successfully brought an action for damages based on the harassing conduct.

Unfair business practices

My clients enrolled in the paralegal program at Sawyer College, a local vocational school. Sawyer advertised that nearly 100% of its former graduates had been placed in the paralegal field. The instruction at the school was substandard and very few of the graduating class were able to find jobs as paralegals. We learned that in calculating their placement rates, the school considered that graduates who were placed in any job were “in the paralegal field.” Even graduates who went to work at McDonald’s were considered to be a successful paralegal placement. We successfully brought a claim for misrepresentation against the school.

Auto Fraud

My client bought a new car from Concord Toyota with 59 miles on the odometer. Months later, she happened to look in the glove compartment and found a Concord Toyota document which indicated that at some point the car had been for sale with 3652 miles. When she confronted Concord Toyota, they denied any wrongdoing. It was later discovered that Concord Toyota had installed a new odometer with zero miles just before selling it to my client. We successfully brought an action for odometer fraud

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