Class Action

For over 20 years, Kathryn Stebner has fought for the rights of seniors. Stebner & Associates brings this commitment and experience to targeted class actions and multi-party consolidated cases it files on behalf of groups of seniors who experience neglect and abuse at the hands of skilled nursing and assisted living facilities, as well as seniors targeted by unscrupulous businesses seeking access to their hard-earned retirement funds.

WHAT IS A CLASS ACTION?

A class action allows many persons who have been wronged by the same business to join together to demand justice. Litigation can be costly and time-consuming. Sometimes individuals feel that one person doesnt stand a chance against a large corporation. This is especially true when the amount of the claim, though significant to the person harmed, is not great enough to justify the cost of litigation against a big corporation with many resources. In a class action, many individuals who have been similarly wronged by the same business can make their voices heard by joining together, sharing resources, and simplifying the process. Through the force of numbers and collaboration, plaintiffs in a class action suit often have a greater impact on a business dishonest practices than an individual lawsuit might.

WHAT IS A MULTI-PARTY CASE?

A multi-party case is similar to a class action in that individual claims against the same defendant are grouped together to have a greater impact and make the process more efficient. In these cases, however, there are often significant issues specific to each individual, making it more appropriate to keep each persons claim separate, while simultaneously benefiting from coordinated discovery and court decisions on common issues.

CURRENT CASES AND PAST SUCCESSES

Stebner & Associates filed a multi-party lawsuit on behalf of over 60 seniors who were convinced to place their retirement funds in unsuitable and risky investments in viatical settlements based on incomplete and untrue information. They achieved a significant financial settlement for their clients, who previously feared that they would lose their life savings.

We are currently advocating for a group of seniors who purchased manufactured homes in order to live out their retirement in a mobile home park in the Sierra foothills. Despite many popular misconceptions, these homes are difficult and expensive to move, frequently leaving seniors at the mercy of the owners and operators of the mobile home parks. Some of the abuses include frequent and hefty rent increases, illegal charges for basic services, failure to maintain common areas, safety violations and even harassment.

Legal document preparation businesses have proliferated in recent years. Many target seniors who worry about what will happen to their family members when they die. They need a will or a living trust, but cant afford or dont want to pay for an attorney. Yet customers often expect attorney-quality work, and these businesses do not always disclose their limitations upfront. They cannot provide legal advice or correct material errors, and those who do are practicing law without a license, frequently at great risk to the consumer.

Stebner & Associates filed a class action suit against We the People, a nationwide document preparation service, alleging unauthorized practice of law, elder abuse and unfair business practices. Many of our clients had discovered that their discounted estate planning documents were not valid or did not protect their family members as they had hoped.

We have also filed a class action lawsuit against LegalZoom.com, Inc. on behalf of seniors and other consumers. LegalZoom promises consumers that it will provide attorney-quality services, unlimited customer support, guaranteed satisfaction, and a peace of mind review to insure the validity of the customers estate planning documents. Yet LegalZoom cannot provide legal advice, make guarantees about a legal documents validity, or alert its customers to material errors. Consumers do not know that LegalZoom cannot and does not provide the services promised until it is too late.

INVESTIGATIONS

Stebner & Associates is always investigating areas of financial abuse and consumer fraud targeted toward seniors, such as marketing of unsuitable investments or preying on fears about incapacity. In addition to cases similar to those listed above, we are currently looking into some of the following patterns of consumer fraud:

We have noticed an upsurge in financial elder abuse by veterans consultants or benefits consultants who talk elders into restructuring their finances, purchasing an annuity, and/or paying a steep fee in order to obtain the Veterans Aid and Assistance Benefit. In many cases, the fee is illegal and the advice is against the best interests of the seniors involved.

Reverse mortgages and/or annuities are often aggressively marketed to seniors without a full explanation of the risks and disadvantages involved by the broker or the annuity salesperson who has a financial interest in making the sale. Seniors dont realize that they could lose their home or that they might be tying up money they will need.

Many Skilled Nursing Facilities do not maintain staffing numbers sufficient to care for their residents, resulting in dangerous and inhumane conditions. This understaffing violates patients rights and has been successfully attacked through class action cases.

If you or a senior you love has been harmed by an unlawful, unfair, or deceptive practice, please contact us for a free consultation.