David Selby's Class Action and Consumer Fraud practice encompasses any unfair or deceptive tactics used against consumers. Consumer Fraud litigation includes individual cases as well as class actions. These cases can involve the wrongful conduct of corporate, insurance and finance companies including bad faith. Most states have consumer protection statutes designed to punish businesses that take advantage or prey on unsuspecting consumers.
Some of the cases in which David Selby currently serves as class counsel for Plaintiffs are as follows:
Mahone v. Riverbirch Homes
This is a class action arbitration brought on behalf of consumers who purchased certain mobile homes manufactured by Riverbirch Homes. The Complaint alleges that Riverbirch failed to properly install the insulation in the attics of their manufactured homes as required by law, resulting in significantly less insulating capacity than represented. This case was filed with the American Arbitration Association but is currently stayed pending other litigation filed in state court.
This is a nationwide class action brought on behalf of consumers who purchased certain Fleetwood mobile homes. The Complaint alleges that Fleetwood failed to properly install the insulation in the attics of their manufactured homes as required by law, resulting in significantly less insulating capacity than represented. The Complaint seeks relief and damages for breach of contract and warranty, unjust enrichment, and violation of the California Consumers' Legal Remedies Act and Unfair Competition Law. The Court has certified this case to proceed on behalf of the Class.
Parham v. American Bankers Insurance Company of Florida
This is a class action arbitration filed on behalf consumers who purchased a manufactured home warranty plan ("Home Buyers Protection Plan") from American Bankers Insurance Company of Florida. The class arbitration demand alleges that American Bankers engaged in improper business practices by charging for unearned premiums and that the purchasers of the warranty plan received twelve months less in coverage than the plan contract required. Although a class has not yet been certified, the Arbitrator has ruled in favor of our clients and determined that the arbitration agreement allowed the arbitration to proceed as class arbitration. American Bankers has appealed the Arbitrator's ruling and that decision is currently on appeal in the Alabama Supreme Court.
This is a class action arbitration brought on behalf of consumers who purchased certain mobile homes manufactured by Scotbilt Homes. The Complaint alleges that Scotbilt failed to properly install the insulation in the attics of their manufactured homes as required by law, resulting in significantly less insulating capacity than represented. This case was filed with the American Arbitration Association and the parties are currently waiting for a ruling on the Clause