Almost daily I get spam email from "lawyer marketing vultures" who promise to send "client leads" if I pay him a bunch of money and they (probably) spend a ton of money on Google Adwords to try to attrack clients.
Question: would you want to be represented by a lawyer who responded to this spam email from a group calling itself ServiceToLawyers?
"GIVE ME A CALL IF YOU'RE INTERESTED IN REPRESENTING CONSUMER FRAUD CLASS ACTION PARTICIPANTS." "PEARL-SHUCKED" AND QUALIFIED FOR YOU! (see story and ruling below)
Baycol users can sue for consumer fraud
Published: October 28, 2008
Plaintiffs who alleged they were deceived into purchasing an anti-cholesterol drug can sue for consumer fraud – even though they didn't directly rely on claims made by the drug's maker in its advertising, the Illinois Appellate Court has ruled.
The decision reaffirms an earlier ruling. (See "Drug customers can sue over fraudulent statements," Lawyers USA, June 4, 2007.)
The plaintiff filed a class action against Bayer over its anti-cholesterol drug Baycol. The company withdrew the drug from the market after determining it was unsafe.
The proposed class excluded purchasers of the drug who had been injured or died.
Bayer argued that the plaintiff could not establish a claim under the state's consumer fraud law because her decision to purchase the drug was based on her doctor's advice, rather than on Bayer's advertising.
But the court decided that the plaintiff could establish consumer fraud under a theory of "indirect deception by silent concealment."
It explained that in this case, Bayer "allegedly suppressed and concealed negative safety and efficacy data associated with the use of Baycol, to influence prescribing physicians and their patients. The act of intentionally suppressing and concealing material information – information that identifies adverse reactions and serious injuries associated with use of a pharmaceutical product – with the intent to influence purchasing decisions is an implicit misrepresentation of the safety and efficacy of the product, and if the consumer is actually deceived thereby, the deception may give rise to a consumer fraud action."
Illinois Appellate Court. De Bouse v. Bayer AG, No. 5-06-0077. Oct. 9, 2008. Lawyers USA No. 993-129. Click here for the full text of this opinion.
GIVE ME A CALL..LETS TALK ABOUT HOW WE CAN HELP YOU WITH THIS ACTION OR WHAT EVER OTHER CASE LEADS YOU WOULD LIKE TO START BUILDING IN YOUR PIPELINE.
The answer is that you darn well better do your research before hiring any lawyer. Get my book The Truth About Lawyer Advertising for starters. Remeber though, that some lawyers are trolling for clients who are "pearlshucked."