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Questions Answered by Scott Richard Kaufman
3 Answers | Asked in Consumer Law for California on
Q: So definition of a loan is exchange of money from one party to the other. If i never recieved money from auto dealer onl

Y a truck. Then wrecked said truck 3 days later. Can i retrieve the 7k i put down for the truck because it was purchased using my credit?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 7, 2023

I do not think you have a loan. I think you have a contract that includes their promise to deliver a car to you and ownership of said car, when the contract is paid off. That is one reason you have insurance, should this event occur. That insures their interest and hopefully yours. Here's... View More

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2 Answers | Asked in Consumer Law and Contracts for California on
Q: I prepaid my phone in order to receive calls from an inmate in county jail

However the network that I prepaid the money to be able to accept the calls implemented a policy later on months after I put the money on my account that in 180 days the money is no longer usable and it expired is that legal in the state of California and the city of Fresno to do that to me just... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 10, 2023

The general rule on a gift certificate in CA is 'no, the amount cannot expire.' This does not 'feel' like a gift certificate. THAT said, in most dealings these days with corporations the businesses sneak into the small print a requirement to the consumer to give up your right to... View More

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5 Answers | Asked in Consumer Law and Contracts for California on
Q: Will an unused Life Insurance Policy expire without monetary value? The company says it can't even be surrendered.

The policy is set to expire 3/20/23. It was purchased in 1981 and was never in arrears.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 27, 2023

There were (40 yrs ago when I sold life insurance for a living) two kinds of policies. That's changed I'm sure, over the years, to add some hybrids and more? Anyhow the two basic types of policies WERE

1- Whole Life

2- Term Insurance

No. 1 above would/should...
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3 Answers | Asked in Consumer Law for California on
Q: My 2 year old car no longer works and no warranty,32,000 miles.

I bought the car from a Lexus dealership December 2022, it's a 2021 Nissan Rogue SL with 32,000 miles. I traded in my paid off 2023 KIA Soul, they gave me $22,000 for it and I had to put down a extra $2,000 so all together was $24,000 as a down payment for this Rogue, I needed something... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 30, 2023

You may be in luck. Based on the year of your car and the mileage, there is a very good chance you have a warranty. The bumper to bumper will usually go at least 3 yrs and 36K miles. The powertrain, can often go up to 100K. Get in touch with NISSAN right away...

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2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Products Liability for California on
Q: Is it really illegal to sell a used car with open recalls?

I purchased a used 2021 Nissan SUV from a Lexus dealership. It had under 32,000 miles so I still had a transferable dealer warranty from Nissan. I’m currently at the Nissan dealership to get some service done on the car and two major open recalls popped up that are 4 months old. Passenger air bag... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 12, 2023

It is unlawful to sell a NEW car with an open recall. It is negligent, unfair, misleading and perhaps more depending on who said what and when, to sell a USED car with an open recall. In law school and "Judge" school, we learn that finding in favor of a contract being enforceable keeps... View More

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1 Answer | Asked in Consumer Law and Banking for California on
Q: My credit card issuer has stopped sending me monthly statements and bills, actually all correspondence and is now is cha

rging me interest and fees for unpaid bills. What is my recourse?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Dec 31, 2022

AND almost assuredly dinging your credit score too.

Talk to an attorney who handles this type of issue,

either FCRA or FDCPA or both...

1 Answer | Asked in Consumer Law for California on
Q: Is Assurant in the wrong?

My husband has an account with T-Mobile . We have two identical Samsung phones that are completely paid off. He pays for insurance on them through t mobiles insurance company Assurant . In mid October my phone screen had gotten broke and my husband made a claim for a replacement . When he did this... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Dec 16, 2022

I'm sorry for your issues. Your post is unclear to me.

They are asking allegedly to see the phone the claim was made under?

You have a 'scrivner's' error, where the wrong phone number was used?

T-Moile, I've had for about 20 years, has USUALLY...
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1 Answer | Asked in Consumer Law, Landlord - Tenant and Small Claims for California on
Q: My apartment refuses to issue me a receipt of a one-time settlement fee. Is this a violation to this code?

I moved from one unit to another in the same apartment and paid a one-time settlement fee for the transfer. They are telling me to inquire regarding the receipt to the bank that I remitted this payment from and just doesn’t make sense why a bank in which processed a payment would issue a receipt... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Dec 14, 2022

A copy of your check should be good enough to expense it.

In my opinion:

The management most likely is not wanting to give you a receipt

because they do not want a written trail, ie, they are likely either

avoiding paying taxes on it, OR not telling the real LL they...
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1 Answer | Asked in Consumer Law and Contracts for California on
Q: What are my rights for a rental car cancellation if my flight was cancelled and had to fly into another state?

I booked a car rental through Expedia and during our connection flight on United Airline, we were advised our flight into Baltimore, MD from San Francisco was cancelled until the following day. They were able to put us on another flight but it landed in Newark, NY. I called Expedia and the lady... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Dec 6, 2022

The base solely on your post and assuming all facts to be accurate and true then you have to read the agreement you signed with the rental car company or the online site and that we generally cover your rights. That said if the airline caused this then the airline should give you a little bit of a... View More

1 Answer | Asked in Consumer Law for California on
Q: What are the steps I find out my vehicle had body damage and the dealer didn’t tell me about it

The car had damaged underneath I didn’t see until 4 months after I bought the car

Scott Richard Kaufman
Scott Richard Kaufman
answered on Dec 5, 2022

Have it looked at by a professional body shop. Should cost no more than 100.00 to do so.

Then, if it is a 'real' problem, contact dealer in writing. Then, if they do not agree to help,

which is virtually every time, contact an attorney.

2 Answers | Asked in Consumer Law and Lemon Law for California on
Q: I purchased a pre-owned vehicle with time remaining on the New Vehicle Warranty but denied coverage by a service center.

The New Vehicle Warranty is transferable. I participated in an arbitration and the manufacturer was ordered to repair the car. The manufacturer has blacklisted the car, preventing any service done to the car including recall repairs, can't even make a service appointment. Since I've... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Nov 10, 2022

You have quite a few issues here in your post. There are quite a few legal issues as well that relate. The biggest issue right now is there's a recent case in California that says used cars are no longer covered by the lemon law. A good lemon law attorney can probably find a way around that... View More

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3 Answers | Asked in Medical Malpractice, Consumer Law and Health Care Law for California on
Q: Who do I report a medical provider to that hasn’t reimbursed me for overpayment? It’s been 60 days since they’ve known.

I was charged $1280 for services from a medical provider that partners with my medical insurance on January 30, 2024. I paid the bill in full in February 2. My insurance provider notified me that with the portion they paid to the facility, I should’ve only paid $892. I contacted the medical... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 17, 2024

Phone calls are often difficult to "save" which is why I prefer writings.

Keep a detailed record of the writings and if they are not going to pay

shortly, bring your records to small claims court. It is a loosened up

place to be, see "Judge Judy" for example and no attorneys allowed.

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2 Answers | Asked in Personal Injury, Business Law and Lemon Law for California on
Q: How to sue a used car dealer out of state?

I purchased a vehicle from Philadelphia to California. All interactions have text or email receipts. The dealer said no check engine lights car drove perfect. Once car delivered check engine lights came on. I had tried to give him the benefit of the doubt and fix the minor issue I was hoping it... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 17, 2024

Sorry for your issues. In this instance, even the advice I always give when buying a car, ie, 'go see it in person' would not likely have helped, as once the CEL is turned off, it usually says off for a few hundred miles. The dealers know this and it's one more thing in their web of... View More

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2 Answers | Asked in Gov & Administrative Law for California on
Q: How can I legally sell my vehicle in California when it cannot currently pass SMOG?

I am planning on selling my vehicle because I cannot afford the necessary replacement of catalytic converters (which needs to happen in order to pass SMOG) and timing belt replacement. These repairs have been deemed necessary by a master mechanic and the car runs well except for these issues.... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 15, 2024

The DMV website has the rules. Basically, you can sell it "non - op" or "for parts only" and that should suffice, but, yes, it must be disclosed...

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2 Answers | Asked in Consumer Law, Securities Law, Stockbroker Fraud and White Collar Crime for California on
Q: I was one of the 19 investors in the USA vs Hewko case (2:19-cv-09736-FLA-AFM), How do I stay updated on this case?
Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 12, 2024

It's unclear to me what you mean when you say you are an investor in a case? That's a very rare thing to be, outside of being THE attorney or THE law firm handling the case? Perhaps you meant to say one of the people who was harmed in the case, as perhaps an investor in the company? If... View More

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3 Answers | Asked in Consumer Law, Criminal Law and Banking for California on
Q: Citibank refuses to return my $1285.00 after my account was hacked.

On 12/23/23, my mother had her Social Security retirement check for $1285.00 taken out of her bank. They denied her any chance of getting it back stating it was fraud so it was denied. Her other check for roughly $146.00 was also kept even though it came in afterwards. She lives check to check and... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 16, 2024

As Mr. Bayer notes, it is unclear here who even took the money, was it the bank?

IF so, THEY have a huge problem. IF not, they may STILL have a problem, maybe?

I think you seek an elder abuse attorney for more input/direction.

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3 Answers | Asked in Consumer Law and Small Claims for California on
Q: Do I need to use a CA lawyer to sue someone in LA County? I live in Oregon.

I inherited two animation cels (one each of Tom and Jerry) in one frame. I sent them to an animation restoration specialist in Westlake Village, LA County. Estimate to fix and frame them was six months. He has had them for three years despite phone calls and letters asking him to return them. The... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 16, 2024

No, but, if you sue in a court of law, NOT small claims, then you will need an attorney, unless you represent yourself, as you would in small claims, that is a member of the CA bar...

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2 Answers | Asked in Consumer Law and Real Estate Law for California on
Q: Mortgage company says I owe a deferred principle balance on a 2nd Loan that has already been paid

We did a partial claim coming off a forbearance plan a year ago. We got this balance paid by CA Mortgage Relief Fund. My mortgage company still has this amount reflected as a deferred principle balance on a second loan even tho it was transferred to HUD and was paid for. I am in the process of... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 12, 2024

when it comes to ANYTHING relating to Real Property and the value of same and the potential loss of same, you need to NOT come to a free web site for input/advice but to hire a known professional in this area of law to make sure your arguments are done correctly AND if not and you suffer some later... View More

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3 Answers | Asked in Consumer Law and Contracts for California on
Q: I deposited cash into a used car dealership account for a car BUT DID NOT TAKE DELIVERY NOR SIGNED ANY DOCUMENTS

now I want to cancel for a full refund

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 12, 2024

Like all things 'legal' the answer is a definite maybe. IF the seller is a state licensed dealer, they can get into serious trouble by skirting rules required to be followed in selling an automobile in CA. IF it is a private party you have other issues that may come up. Good luck with it...

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3 Answers | Asked in Consumer Law for California on
Q: Do/will you go after unfair and deceptive merchants? How does the consumer force a merchant to follow the law?

Fraud against consumer

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 4, 2023

One uses the CLRA which is found at CA civil code sections 1750 through 1784ish?

Good luck with it.

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