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Rocco Yeargin has been practicing law in Northeast Ohio since 1996, concentrating in consumer protection. Rocco received his B.A. from Hiram College in 1993, Magna Cum Laude, and was inducted into the Phi Beta Kappa academic honor society. Rocco received his J.D. from the University of Akron School of Law 1996, Magna Cum Laude. His Professional Memberships include: National Association of Consumer Advocates; Ohio Academy of Trial Lawyers; Summit County Trial Lawyers Association; Akron Bar Association; Ohio State Bar Association. Rocco currently serves on the Investigative Subcommittee for Grievances for the Akron Bar Association, a position he has held since 2008. He has co-authored the Lemon Law chapter of Baldwin's "Ohio Consumer Law" handbook 2001-2006, and he has lectured on preparing Lemon Law cases for the Ohio Academy of Trial Lawyers.
Rocco's litigation practice included the precedent-setting case of Eagle v. Fred Martin Motor Company 157 Ohio App.3d 150, which established that it is illegal to require consumers to sign unfair arbitration clauses that deny consumers their day in court.
Rocco he was selected as an Ohio Rising Star by Cincinnati Magazine, Ohio Super Lawyers-Rising Star Edition. Rising Stars are chosen by their peers as being among the top up-and-coming lawyers in the state.
Below are legal areas where Rocco may be able to assist you:
Consumer Law
Rocco focuses on helping consumers assert their legal rights when those rights have been infringed. Whether it is a matter regarding Unfair Credit Reporting, Unfair Debt Collection, or Predatory Lending, Rocco is ready to help determine your rights as a consumer.
Unfair Credit Reporting
How does the law protect my credit? Your credit report can be used by financial institutions, prospective employers, and prospective landlords amongst others. Thus an inaccurate credit report can effect your ability to get a loan, make a living, or to find a place to live. The federal government has recognized the destructive affect inaccurate credit ratings can have on a consumer, and has passed legislation such as the Fair Credit Reporting Act and the Fair and Accurate Credit Transactions Act to help regulate credit reporting agencies. Rocco advises clients on the legal responsibilities the credit reporting agencies owe the consumer. Rocco will explain if you have a remedy for an inaccurate credit report, or if the credit reporting agency has not complied with laws for correcting errors in your credit report. The credit reporting agencies also have a duty to keep your information confidential. The duty of confidentiality is especially important with the current day threat of identity theft. Rocco helps clients determine if credit reporting agencies have adequately protected their confidential financial information.
Unfair Debt Collection Practices
Can a debt collector really say that? Can a debt collector really do that? How do I protect myself from a creditor who is pursuing a claim I do not owe? Rocco lets clients know when their rights under the Fair Debt Collection Practices Act, state regulations, or tort law have been violated by debt collectors, and what remedies may be available. Common consumer complaints about debt collectors include harassment of the alleged debtor, failing to send required notices, failing to verify disputed debts, threatening dire consequences if the debtor does not pay, and calling the consumer's place of employment. Many times, debt collectors will demand that consumers pay an invalid debt. Fair debt collection laws seek to protect the consumer from harassment, coercion, and intimidation, all illegal means sometimes used by debt collectors. Rocco consults with clients and determines whether debt collectors have broken the law by using overzealous tactics.
Predatory Lending
If your mortgage ends up in foreclosure, your life may be thrown out of balance. Illegal predatory lending can often lead to mortgage payment troubles. Congress has regulated the financial lending industry through laws such as the Truth In Lending Act, the Home Ownership and Equity Protection Act. These laws require that lenders must disclose all relevant information to the consumer. The Dodd-Frank Wall Street Reform and Consumer Protection Act is also construed to provide addition protection to the consumer. The Federal Government is currently developing new legislative regulations under this law. Rocco reviews Ohio State and federal laws for clients to make sure that their lender has made all proper disclosures. Rocco helps guide clients through mortgage loan foreclosures, and lets them know if their lender has followed the law, and if not, what remedy might be available to them.
Lemon Law
The Ohio Lemon Law was designed to provide relief to purchasers of new cars that prove to be trouble vehicles. There are four ways a new vehicle may qualify as a "lemon". In general terms, your vehicle qualifies as a "lemon" if, within the first year or first 18,000 miles of ownership, a defect occurs that is substantial enough to affect the vehicle's use, value or safety and:
If your car fits any one of these scenarios, you may be entitled to a full refund and other statutory damages from the manufacturer. While the Lemon Law applies generally to new vehicles, purchasers of used vehicles may be entitled to relief under warranty law or other consumer protection statutes. Each situation is different and requires careful review. Rocco is experienced in helping clients determine whether or not their car qualifies as a "lemon," and subsequently what actions they may take to recover damages under the Ohio Lemon Law. Rocco is co-author of the Lemon Law chapter of Baldwin's "Ohio Consumer Law" handbook 2001-2006, and he has lectured on preparing Lemon Law cases for the Ohio Academy of Trial Lawyers.
Auto Dealer Fraud
Automobile dealers are known to operate under a "buyer beware" theory, using a variety of abusive techniques. If a dealer misrepresents or fails to disclose certain information, you may have a cause of action for fraud against the dealer. As a consumer, you may have been victimized by dealer fraud in a number of ways, and Rocco will help you find out if you are the victim of auto dealer fraud, and what you can do about it. Common dealer tricks include: tampering with a vehicle's odometer, misrepresentation and nondisclosure of serious wreck history, undisclosed damage to new cars, misrepresentations of the prior uses of a car, and nondisclosure of preexisting mechanical problems. Fraud also occurs when a dealership misrepresents other important aspects of a car deal such as the terms of financing, or the terms and conditions of add-ons such as warranties, insurance policies, and other products or services. Rocco would like to assist you in determining and recovering damages if you are the victim of auto Dealer fraud.
Consumer Arbitration Clauses
Another pitfall for consumers is the predispute binding arbitration agreement. These agreements come in contracts, often in boilerplate form, and are often unnoticed by the consumer. The arbitration is binding on the parties and there is limited chance to appeal an arbitrator's decision. The predispute binding arbitration agreement takes away the consumer's right to take his or her case before a jury and the benefits that come with that right. The agreements may come in an employment setting, a contract with a lender, or a commercial contract. Rocco helps clients understand their rights and explore whether they might be able to challenge the "mandatory arbitration" clause. Corporations like pushing disputes to arbitration, but this is often not in the consumer's best interest. Some businesses say arbitration is a cheaper, quicker alternative to resolving disputes than the court system, but Rocco shows clients how this is not always the case and is often times a great expense to the consumer. Arbitration clauses may be challenged as being unconscionable. If a corporation is forcing you into arbitration proceedings, Rocco will assist you in finding out if the arbitration clause is enforceable. If you have been through the arbitration process and wish to challenge an award, Rocco will help you determine whether that is possible.
Breach of Warranty
If you have a defective new or used car, mobile home, or other product, it might be under warranty. Manufacturers are required to honor their express and implied warranties. Rocco helps consumers understand whether or not their product is covered by a warranty, and whether or not that warranty has been breached. A consumer might think their product is not under warranty because the seller or manufacturer has included warranty disclaimers in the contract. These disclaimers can be successfully challenged more often than most consumers think. Rocco assists clients in discovering what remedy if any is available to them for a breach of warranty.
Mortgages & Foreclosures
With the sagging economy, foreclosures are more prevalent than ever today. The prospect of losing your home can be terrifying. If you've lost your job, become sick and had to miss work, have a sick child, recently gotten a divorce, or are making less then you are accustomed to, your home might be headed to a foreclosure. Just because your home is headed to foreclosure does not mean you have no legal rights. You may be able to contest the foreclosure if the Lender did not follow the proper procedure or if the Lender violated state or federal law. You may be able to rework the loan to ensure you can afford to pay it off, permitting you to stay in your house. Rocco can help you plan the best course of action, and can walk you through the sometimes confusing maze of mortgage brokers, closing agents, mortgage servicers, and the secondary mortgage market. With the specter of a foreclosure on the horizon, you need an ally to help you to make an action plan. Rocco will make sure your legal rights are honored during this difficult time.
Estate Planning
Whether it is assisting you with formalities that must be observed or with the nuances of estate law, Rocco will guide you to make sure your wishes for your estate are followed out. Traditional wills, trusts, power of attorneys', and living wills are all important to planning an estate. Rocco assists clients in developing which documents are best suited for their plans.
Probate Litigation
In a perfect world, when a loved one passes it would be as easy as reading a sheet of paper to figure out how his or her estate is to be distributed. Unfortunately, things often get more complicated than that. In the world of estate administration, one can run into a variety of obstacles; wills are sometimes poorly and ambiguously worded, there may be issues with differences in jurisdiction, there may be questions as to which jurisdiction applies, there may be painful family conflicts. Rocco understands the challenges his clients face and wants to help them through the process. Rocco also understands that his clients may simply be seeking what is rightfully coming to them as per the wishes of their deceased family member. While litigation might seem like an unpleasant option, it might be the best option. Rocco will sit down with you and walk through all of your options to select what is best for you.
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