Financial & Insurance Claims

INDIVIDUAL SECURITIES & FINRA ARBITRATIONS

Financial advisors and investment brokers have a moral and legal obligation to disclose all relevant information about a potential investment. They have a duty to represent their client’s best interests instead of their own.

The law applies to all investors though too often securities fraud targets those who can least afford the financial loss such as the disabled or the elderly. Examples of wrong behavior can include:

  • Excessive trading (also known as fee “churning”)
  • Misrepresentation or material omissions regarding securities
  • Unauthorized changes in portfolio composition
  • Imprudent or unauthorized investment strategies
  • Excessive concentration in individual securities or investment products
  • Switching funds between mutual funds or variable annuity contracts in ways that contradict the client’s best interest
  • Financial fraud in any form

If you have been defrauded or taken advantage of by your investment professional, you may have the right to file a complaint with the Financial Industry Regulatory Authority (FINRA). FINRA arbitration is one way in which many disputes between investors and their brokers/brokerage firms can be resolved.

If you believe you have been defrauded in your investments, or if you suspect a broker or investment advisor has not represented your best interests, please call one of Burke Harvey’s experienced attorneys to discuss your potential next steps.

FAIR CREDIT & ID THEFT

The Fair Credit Reporting Act (FCRA) was passed to promote the accuracy, fairness and privacy of information collected by consumer reporting agencies. These may include both credit bureaus and specialty agencies such as organizations that sell information about check writing histories, medical records, and rental history records.

If a consumer reporting agency, or, in some cases, a user of consumer reports or a furnisher of information to a consumer reporting agency violates the FCRA, you may be able to file a claim for damages in state or federal court. If you think this has happened to you, please contact one of our attorneys for more information.

Identity theft occurs when someone uses your personal information to open accounts, file taxes or make purchases. This can have devastating effects on your credit report. You have rights and remedies available to you under federal law including the Fair Credit Reporting Act (FCRA), the Fair Credit Billing Act (FCBA), The Fair Debt Collection Practices Act (FDCPA) and the Electronic Funds Transfer Act (EFTA). To learn more about how to restore your credit following an identity theft, contact Burke Harvey for more information.

BAD FAITH

The basis for a claim based on bad faith occurs when an insurance company refuses to pay a claim without reason for denial, or without properly investigating the claim before rendering a decision. This applies to any insurance contract including life, medical, auto, homeowners and others.

Some indications that you may be dealing with an insurer operating in bad faith might include a deliberate misrepresentation of the policy, a failure to investigate the claim, unreasonable demands for proof of loss or abusive or coercive tactics to try and settle the claim.

If you feel that your claim has been denied in bad faith, call Burke Harvey for a free consultation. You do not have to fight the insurance company alone.

DECEPTIVE TRADE

A deceptive trade practice is when an individual or business intentionally misleads the public into purchasing a product or service under false pretenses. False advertising and odometer tampering are two of the most blatant examples of deceptive trade.

There are numerous consumer protection laws in place to protect the public from unfair trade practices including the Federal Trade Commission (FTC). Under these laws, a consumer has the right to bring an action against the advertiser for fraudulently misleading them.

Often claims of deceptive trade are filed as a class action since they generally affect a number of consumers. Burke Harvey has represented many consumers in such actions. If you have been a victim of false advertising or deceptive trade practices, please contact one of our attorneys so we might assess your individual situation and help devise the best course of action for your claim.

CONSTRUCTION DEFECTS

A construction defect occurs when defects in the design, workmanship or materials cause damage or reduced value to a building. This includes earth movement issues that may result in unsafe conditions.

Even if a builder has agreed to make repairs, it is wise to consult with an experienced attorney so you can best investigate the extent of the problem and consider if the proposed repair is adequate. This also provides the opportunity to draft a proper settlement agreement that does not release the builder of liability until the repairs have proved effective.

In many states, a construction defect case is covered by a statute of limitations. That means it is important that you speak with an attorney as soon as the defect is discovered to ensure your case is handled in a timely fashion.

If you have a situation of construction defect, please contact Burke Harvey to learn more about your rights and next steps.

PREDATORY LENDING

Predatory lending is the term used to describe a lending practice that imposes unfair or abusive loan terms on a borrower. It involves a wide array of abusive practices including the following:

  • Excessive Fees
  • Abusive Prepayment Penalties
  • Kickbacks to Brokers
  • Loan Flipping
  • Unnecessary Products
  • Mandatory Arbitration
  • Steering & Targeting

Insurance Claim Lawyers in Birmingham

If you have been convinced to accept unfair terms through deceptive, coercive, exploitative or unscrupulous actions for a loan you did not need, want or could afford, call one of the attorneys at Burke Harvey to discuss your rights.