Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Daniel Timothy LeBel
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... Read 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...
Read more »

View More Answers

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.... Read 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... Read more »

View More Answers

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...
Read more »

View More Answers

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... Read 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

View More Answers

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... Read 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.

View More Answers

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... Read 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,... Read more »

View More Answers

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... Read more »

View More Answers

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... Read 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...
Read more »

View More Answers

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... Read 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...
Read more »

View More Answers

3 Answers | Asked in Consumer Law and Collections for California on
Q: I have received an email requesting I pay or they will send me to court, I have never received any legitimate info

I have received this email and I want to know if it is legitimate, I emailed asking what it was in regards to and they sent an email with minimal information and told me to pay a certain amount of money to close it. They could not tell me when where or how they got my information, but that they... Read more »

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Jul 2, 2020

Your suspicion seems justified. This has the earmarks of a phishing scam. Since you haven't lost any money it is unlikely your local police department will get involved.

You should report it to the FTC. To do so, forward the message to the Anti-Phishing Working Group at reportphishing@apwg.org.

View More Answers

3 Answers | Asked in Consumer Law and Lemon Law for California on
Q: Seller did not fully disclose mileage despite claiming original miles.

I recently purchased a vehicle which was listed as "125k original miles."

I found a service document listing this vehicle at 161,422 miles on 7/20/17. The VIN and license number match. However, the gauge cluster reads 125k miles. Because of the increase in miles, there is a... Read more »

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Jun 8, 2020

Dear auto purchaser,

Federal statutes were enacted to protect consumers from odometer fraud. For the reasons you mention and others, misrepresenting the actual mileage of a used vehicle can cause serious problems. You should contact a competent attorney who has a specialized consumer law...
Read more »

View More Answers

2 Answers | Asked in Consumer Law for California on
Q: Online purchase

I bought a bike online and i returned it after 10 days because the bike had problem in their policy was 10% to 30% penalty of bike’s costs now my question is could they get this penalty?

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on May 31, 2020

Dear cyclist,

Unfortunately, we're missing some relevant information to provide an evaluation. If the bike had a problem that could be fixed under warranty, the business should fix it free of charge. If you simply want to return it, it is reasonable that they have a restocking policy...
Read more »

View More Answers

3 Answers | Asked in Car Accidents and Consumer Law for California on
Q: What can I do if I find out my New/Used car was in several car accidents not listed on the CarFax?

I bought a New/used car from a Honda Dealership in the Bay Area of California in Feb 2020. It's a 2016 Honda Civic touring. The price came out to $21,000. I noticed something a little off about the paint job after few weeks after purchase but thought it was the effects of the paint. Getting my... Read more »

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

Dear Bay Area driver,

I agree with Mr. Kaufman and add that it is unlikely a dealership could miss the telltale signs of collision damage combined with poor quality repairs. Even more so if the vehicle was in more than one collision.

The dealership cannot hide behind a clean CarFax...
Read more »

View More Answers

2 Answers | Asked in Consumer Law for California on
Q: How do I best protect myself so that if I pay a part owner of a car with lienholder on it, that I get the title?

He needs the money that someone pays to pay off the car. He said that we could call the lienholder together, and they could send him documentation stating the balance is now 0 and that he is the legal owner. However, I do not know if that documentation is good enough. We then discussed he would... Read more »

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on May 17, 2020

When manufacturers buy back "lemon" vehicles, they often ask the consumer to get a payoff quote from the lender prior to the exchange. There's no real legal right for the manufacturer to do this written into the statute, but the car company has the money and the consumer has the... Read more »

View More Answers

2 Answers | Asked in Consumer Law, Civil Rights and Constitutional Law for California on
Q: Can a store deny me service for not being able to buy mask

I sent to my local 99 cent store to purchase battery and they had there security gaurd stop me from entering the store without a mask they said I could not enter and they will refuse service and that it was the law

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on May 8, 2020

The security guard was correct. It would be a violation of the law for the store to allow you to enter. Under current state and local county orders concerning the COVID-19 pandemic all patrons of grocery or other retail stores are required to wear masks for their own safety, for the safety of other... Read more »

View More Answers

1 Answer | Asked in Consumer Law for California on
Q: Can a merchant deduct money from bank without authorization?

My mother and I have the same name. Due to COVID-19 my mother fell behind on payments, including to a leasing agency. Today I noticed the same agency took money from my account. I never shared any of my information with this company, I’ve never dealt with this company. What can I do? How did... Read more »

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on May 6, 2020

Dear consumer,

I am sorry to hear about your mother's situation, obviously she is one of many in our country who are struggling financially right now due to the wide-ranging effects of the virus.

Unless you were a co-signer on the lease, this company has no right to acquire...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Civil Rights for California on
Q: I sent carmax a letter of demand and sent the proof they ignore me when I send all of the proof

They do not email me back whenever I send they proof they ask me for ( trying to dodge the bullet and act as if they never received it) the contacts were manipulated and I don't know where I can find am attornery I have inquired online haven't heard back

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Mar 23, 2020

Dear Consumer,

It is not unusual for a business, particularly a large corporation, to ignore consumer complaints. To protect your interests going forward, try to always communicate in writing. If you feel that you cannot get relief on your own, you should contact a reputable consumer...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.