We are a law firm in New York City, based in Queens County, committed to prosecuting the rights of individual consumers, classes of consumers and small businesses in New York and New Jersey who have been victimized by another company or individual.

Consumers have the right to a fair marketplace when they enter a contract for goods or services. Oftentimes however, a person or business may become a victim of an unfair or deceptive practice when they enter the contract or at sometime hereafter. This can result from an unequal bargaining position between two contracting parties where one party takes advantage of the other, or worse, inflicts financial ruin upon the other.

Our firm’s main goal is to use state and federal law to level the playing field: to expose unfair or deceptive business practices and to punish the offender.

Our cases primarily involve Consumer Protection, Commercial Litigation, Class Actions and Debtor's Rights.

Recent Settlements and Reported Decisions:

• Weissman v. Capitol One
• DeFalco v. Cohen & Slamowitz
• Crudele v. Schwartz & Schwartz
• Marcus v. Plaza Auto Mall
• Perez v. Major Auto World
• Sukhdeo v. WCM Mortgage
• Albarran v. Bay Ridge Automotive
• Pena v. NY Mexicana Car Service
• Visakowitz v. USA Gallery
• Johnson v. Roosevelt Hotel
• Brinson v. Mullen & Iannarone
• Doucoure v. Citibank
  

If you or someone you know needs the assistance of a consumer protection attorney call 866-654-8182, or complete the contact form provided on this site to schedule a free and confidential consultation.

Practice Areas and Legal Definitions

Lemon Law:
The term "Lemon Laws" is used to refer to both the Federal Magnuson Moss Warranty Act and the New York State New and Used Car Lemon Laws. The Magnuson Moss Warranty Act is a federal statute that provides consumers with a number of remedies should the person who warranted the product breach that warranty. If the warranty is breached, a consumer will be entitled to a refund of their purchase price and/or damages, depending upon the facts of their case. The statute also provides that if a consumer settles their case or obtains a verdict in their favor, the consumer's lawyers are, at the discretion of the court, entitled to recover their reasonable attorney fees.

Similarly, the New York State New Car Lemon Law, General Business Law, Section 198-a, provides that if, after a reasonable number of attempts, a dealer cannot repair a new vehicle within the first 18 months or two years of delivery of that vehicle to the consumer, then the consumer is entitled to a refund of the purchase price or a replacement vehicle. The law presumes that a reasonable number of attempts have been made if the dealer has made four repair attempts for the same problem or the vehicle has been out of service for 30 days or more within the first 18,000 miles or two years. However, this does not mean that you have to have four repair attempts or meet the 30 day requirement to have a claim under the New York State New Car Lemon Law. So long as a "reasonable number" of repair attempts have been made, you may seek relief. Consequently, you should always consult with a lawyer when evaluating your legal rights. This law also provides a mechanism for recovering attorney fees.

Finally, the New York State Used Car Lemon Law, General Business Law, Section 198-b, provides that every used car with less then 100,000 miles, sold in New York State is warranted for 30-90 days, depending upon the mileage at the time of sale. The Used Car Lemon Law only warrants certain parts of the used car, and it is best to consult with an attorney when evaluating your rights under the Used Car Lemon Law. Again, this law provides a mechanism for recovering attorney fees.

Class Action:
Class action lawsuits are unique tools in the law that enable many people who have been injured or taken advantage of to pool their smaller claims together so that, overall, the amount lost is higher and the costs are lower because they are shared by more people and institutions that have been damaged by the fraud.  Class actions can be used in many ways, such as consumer fraud, securities or stock fraud, stock price manipulation, or breaches of fiduciary duty. It sounds complicated, and in some ways it is.

Federal and state governments have enacted laws to protect consumers from improper or illegal advertising, marketing, and pricing practices.  When these consumer protection laws are violated they frequently affect many consumers.  If the violation results in excessive fees being charged -- or oppressive contract terms being inserted in a consumer sale or loan or mortgage contract, or false or defective claims about a product -- chances are that hundreds, if not thousands, of consumers have been taken advantage of in just the same way.

If you or someone you know needs the assistance of an experienced New York City Consumer Protection Attorney, call Attorney Jeffrey Benjamin today at 866-654-8182, or complete the contact form provided on this site to schedule your free consultation.

Professional Profile

If you or someone you know needs the assistance of an experienced New York City Consumer Protection Attorney, call Attorney Jeffrey Benjamin today at 866-654-8182, or complete the contact form provided on this site to schedule your free consultation.

ADDRESS OF FIRM:
Jeffrey Benjamin, P.C.
104-08 Roosevelt Avenue 2nd floor
Corona, NY 11368
Telephone: 866-654-8182
Fax: 718-505-1444
Languages spoken: Spanish and Hebrew
After-hours appointments available

MEMBERS OF THE FIRM:

Jeffrey Benjamin

EDUCATION:

• Thomas Cooley Law School, J.D., 1997

JURISDICTIONS LICENSED IN:

• New York

• New Jersey

Back to Top