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Questions Answered by Daniel Timothy LeBel
3 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for California on
Q: I recently dropped my truck off at the mechanics and they used my truck for personal use.

when my uncle picked up my truck it was hooked up to a trailer, that was not mine. Then when I was looking in my back seat for something I found two ketchup packets from a place that's more than 2 hours from where I live. Then today I found another receipt that was not mine and was dated for... View More

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Nov 21, 2023

Sorry to hear about what sounds like a frustrating experience and I would guess there's a feeling like a burglary where they've violated your personal space and privacy. This kind of behavior by a business entrusted with your vehicle is, as you wrote, way out of line. In my opinion this... View More

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2 Answers | Asked in Consumer Law and Contracts for California on
Q: How do I get out of a lock in agreement that was hidden in the terms and conditions of an online subscription?

On September 29: I joined I started a membership for professional development online. I thought I was signing up for a monthly subscription service. There was no other contract or terms. It was just the typical online subscription so I didn't think anything of it. They said I could cancel as... View More

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Oct 19, 2023

Great work in what sounds like sniffing out a scam before you got too far down the road with them. Unfortunately these kind of personal coaching or development scam programs are becoming all too common. There may be options available to you, but an attorney assisting you will need more facts... View More

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3 Answers | Asked in Consumer Law and Banking for California on
Q: I have a banking negligence/Consumer protection related question. In essence, the bank failed to monitor my mortgage a/c

I am a victim of bank negligence. Bank didn’t properly monitor my mortgage account and fraudsters operated it at will depositing monies and reversing as they pleased. The whole scheme by the fraudsters was a scam where they deposited monies into mortgage, and offering discounts in return where... View More

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Sep 22, 2023

Yes. Obviously this will require some digging into the facts and documentation, but this sounds like an issue where the bank reasonably should have seen that harm was being caused to its customers through illegal means. The bank isn't allowed to just bury its head in the sand. I have... View More

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2 Answers | Asked in Consumer Law and Business Law for California on
Q: Is it a breach of contract or fraud for a company to collect monitoring fees but not provide the monitoring service?

The company is Teletrac upon merging with Navman in 2018. They had no record regarding my contract, nor equipment installed in vehicle, yet continued charging for monitoring that did not exist. I ask reimbursing annual fee of $180 to 2018. They will not. They only agree to reimburse from August... View More

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Sep 16, 2023

Based on these facts, it sounds like those claims would be viable as well as others under California consumer protection statutes. Of course, statutes of limitations apply so you should talk to an attorney experienced in handling class actions, and specifically consumer claims such as these, as... View More

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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

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Jan 30, 2023

Sounds like a "yes" . . . Where you are referring to as a warranty is probably an extended warranty or service contract. It may still be under the original manufacturer's warranty and with the recalls and general deceptive/opportunistic sales situation, it sounds like you should... View More

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4 Answers | Asked in Consumer Law and Contracts for California on
Q: Optional add ons were added without consent

I finance a vehicle 7/31/23 the next day i printed out my contract and notice some errors i went to the dealership and requested them to be removed GAP paint protection VSI the finance person claimed this were required. They are violating the FTC . Also they are Misrepresenting credit score giving... View More

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Aug 11, 2023

If you're correct about these facts you have reason to be upset and your legal rights have been violated. You should contact an attorney experienced in handling automobile fraud cases as soon as possible to discuss your situation.

Best regards,

Dan LeBel

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3 Answers | Asked in Consumer Law for California on
Q: I just sold my car to a company for scrap and I went to went to cash the check but it was no good.

Bank said check wasn’t in the system. Called company and they said I would have to wait a couple of hours for the check to clear. I signed over my ownership of the car shouldn’t funds be immediately available?

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on May 19, 2023

Dear scrappy consumer,

It sounds like the issue is more about your bank than the business you sold your vehicle to. Though it seems strange that the business would have a comment on this at all unless they use the same bank that you tried to cash the check at . . . either way, more...
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2 Answers | Asked in Consumer Law and Contracts for California on
Q: Was I fraudulently overcharged at vehicle dealership for mandatory add-ons in CA?

I bought a brand new Tacoma in October of 2021. I expected to pay over MSRP due to the chip shortages and was okay with that. They did not have any at the dealership, so when I got there, the dealer looked online and found 3 available colors. I chose the one I liked and he printed out the ad with... View More

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Feb 23, 2023

A consumer attorney experienced in this area could easily review your RISC to confirm your situation and inform you of your rights. You have a limited time to pursue legal action-it seems that two years have passed- so you should contact an attorney immediately.

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1 Answer | Asked in Consumer Law for California on
Q: I need a consumer law lawyer. I believe I am being swindled by 3 separate solar companies operating together

Do I have legal recourse even though I have signed a contract?

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Jun 12, 2022

Hi there,

Sorry to hear that you're experiencing some solar swindle which sounds very frustrating. It's a very broad question, but yes, you likely have a recourse despite the contract(s) you may have signed.

Contact a consumer attorney to hear your rights.

Best regards,

Dan LeBel

2 Answers | Asked in Consumer Law and Contracts for California on
Q: We got a new car in Cali 4 days ago. Can we cancel warranty added by the dealership?

We thought we got a good deal on a car. But on contract signing, we noticed there were warranty add ons totaling $6000. We told the financial guy we did not want all those, and he said it is part of the financing agreement since my husband is a first time buyer. My husband signed the contract and... View More

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Jun 7, 2022

Many car buyers get talked into buying an extended warranty they didn't want or need by a car salesperson who earns a commission by selling it. They then get home, do their research and learn that these are rarely worth the money.

Unfortunately, there's not enough information to...
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2 Answers | Asked in Consumer Law and Lemon Law for California on
Q: What can I do about mechanical issues and damage on the brand new RV purchased from a dealership?

I just purchased a brand new 2022 RV from a dealership. We purchased it about 2 hours away from our home. When we got it home that same day of purchase, the slide out was malfunctioning. After getting a mobile repairman out for inspection he found that the wiring was faulty and slide out damaged.... View More

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Apr 6, 2022

The buyer has the option to demand repair or replacement for violations of California's Song Beverly Consumer Warranty Act, the "lemon law." It is a violation, subject to limitations, for a warranteed product to be out of service for 30 days or more. You should contact an experienced... View More

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1 Answer | Asked in Consumer Law for California on
Q: Can you sue a franchise for not honoring an advertise promotion?

I reached out to the chain franchise and they reassured me the franchise I went to was participating in the promotion. The specific franchise is profiting off not honoring a popular promotion. I’ve been there twice and had the same issue.

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Mar 24, 2022

There are missing facts here but it sounds like a corporation is falsely advertising a promotion without a disclaimer that the offer may not be available at all locations. Or maybe not. You should consult with an attorney experienced in consumer class actions.

3 Answers | Asked in Consumer Law and Small Claims for California on
Q: car repair rip off

Dealership increased the repair cost from $500 to $4,300 and repaired the car with no authorization

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Mar 23, 2022

The dealership and mechanics have responsibilities under California law. There's no need on your part to establish any agreement with the shop on their duties and your responsibilities.

First, before beginning any repairs, the auto shop must provide you with an estimate showing the...
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2 Answers | Asked in Business Law, Civil Litigation and Consumer Law for California on
Q: How can I use the law to get General Motors to write me a letter to register my vehicle with the CA DMV?

The CA DMV is asking for information on the federal label on my General Motors vehicle. The label has faded, and General Motors will not provide me the information needed, despite the vehicle code stating that they must provide this. The matter has taken over 6 months to sort through, cost me over... View More

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Feb 8, 2022

You could contact a consumer attorney for representation under California consumer protection statutes and have a court provide injunctive relief to correct GM's failure to act in accordance with the Cal. vehicle code

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2 Answers | Asked in Civil Litigation, Consumer Law, Products Liability and Small Claims for California on
Q: How to take legal action against a company that is falsely advertising products and will not refund customers?

Long story short, I purchased a product that was not as advertised and does not hold up to the claims that the company makes on their website and they refuse to give me a refund. They have been investigated by the BBB because of how many claims other customers made against this company for doing... View More

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on May 21, 2021

The answer to your question is that you should contact an experienced class action attorney. An attorney will consult with you for free, gather all the relevant available information, conduct an independent investigation, and let you know whether or not they see an actionable claim.

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1 Answer | Asked in Consumer Law, Business Formation and Business Law for California on
Q: I cashed my stimulas check at Marin Check Cashing in San Rafael CA. They charged me $43.81 fee. IS this legal in CA?
Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Apr 24, 2021

The answer, as with most questions asked of lawyers online, is: "it depends" and "message boards are no substitute for legal advice." Here, there just aren't enough facts to provide a complete legal analysis. However, if your check was the standard $1,400 stimulus... View More

2 Answers | Asked in Consumer Law for California on
Q: Need a Pro Bono Consumer Protection Lawyer. Any good recommendations would be helpful.

My car is four years old had two transmissions. Cracks in frame due to no accident and fuel injectors replaced once and they Oakland Honda are saying it needs fuel injectors again!

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Jul 30, 2020

With cracks in the frame it sounds like--regardless of the fuel injectors or transmission--the car is unsafe to drive. You should find competent mechanics and follow their advice. Under the facts as represented your vehicle must have been out of service for prolonged periods and, if under warranty,... View More

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2 Answers | Asked in Consumer Law for California on
Q: I recently purchased a car from an app called OfferUp. I have proof of returning the car but they won’t pay me back.
Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Jul 22, 2020

Sorry to hear about your problem in getting your money back. You should consult with a consumer law attorney and possibly law enforcement as soon as possible. You haven't included much information here, but this could be a problem with the company, the third party selling you the car, or with... View More

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3 Answers | Asked in Consumer Law for California on
Q: Is it legal to charge my credit card more than the quote on website?

I recently purchased pet insurance. When I filled in my information online and all of my pets information, I was quoted $555 for the year. I elected to pay the year balance instead of the monthly payments, and pressed the 'Complete' button (the number $555 had not changed). I am reviewing... View More

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Jul 21, 2020

Sorry to hear about your trouble with this company. There seems to be a lot going on here and asking questions online is no substitute for consulting with an attorney.

To answer the narrow question, it is not legal to be charged more than you authorized for the purchase. If this company...
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2 Answers | Asked in Consumer Law, Contracts, Products Liability and Legal Malpractice for California on
Q: Can I sue the place I bought my car from for falsifying the amount I paid for my down-payment?

I recently purchased a vehicle from a Chevrolet dealership in San Diego, CA. I had horrible credit at the time and was only able to be approved with a large down-payment, which I was able to make happen. The amount on the paperwork does not even closely reflect the $12,000 I put down. What can be... View More

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Jul 10, 2020

Dear consumer,

Yes, dealerships have been known to falsify the amount of the down payment for their own benefit. This is fraud. Now that you've discovered it, you should attempt to correct it as soon as possible.

Unfortunately, rewriting the sales contract is another...
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