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Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Real Estate Law for South Carolina on
Q: I had a timeshare. I recently hired a layer and got out of it. Now my credit is ruined. Anything I can do?

I didn’t find out about my ruined credit until the lawyer had closed my case and I went for a home equity loan. The late payments only show when they are doing a credit check for real estate. I bought a new car with no problem. Now I can’t fix my house and sell it to move closer to family. I... View More

Matthew McKenna
Matthew McKenna
answered on Mar 15, 2024

There's a possibility that this timeshare company was only reporting to 1 or 2 of the credit bureaus and the auto loan company only pulled credit reports from 1 or 2 of the credit bureaus (or have different guidelines for approving a loan such as using the "middle score") but when... View More

1 Answer | Asked in Consumer Law, Business Formation, Business Law, Intellectual Property and Trademark for Virginia on
Q: Business name registered as a LLC with the state is it illegal for someone in the same state as me?

I have sold under the name for over 10 years own the name of my business on every platform out there but 1 and just found out someone within my state is now trying to use my name to sell similar items on another platform. I do also have my name as a registered LLC and has been for over 5 years, I... View More

James L. Arrasmith
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answered on Mar 15, 2024

If your business name is registered as an LLC within your state, you generally have legal rights to that name within that jurisdiction, especially for the business category or industry in which you're operating. The fact that another entity is using your established business name to sell... View More

1 Answer | Asked in Consumer Law, Small Claims and Collections for Rhode Island on
Q: received a voicemail saying I was being sued and to call a number.when I call it’s from a loan from 2020

It was from a company called zaca I had a loan for 900

Tim Akpinar
Tim Akpinar
answered on Mar 14, 2024

A Rhode Island attorney could advise best, but your question remains open for a week. If you're being sued, that generally involves receiving legal papers such as a summons and complaint. If you're the subject of a collection action, that could involve being notified by phone. You'd... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for California on
Q: had a storage unit since 2017 in the last year they’ve had an infestation of rodents much of my stuff is destroyed

When I approached management they say that they’re not responsible I pay for ins every month it’s mandatory for the first 4 years or so there were no pest problems they say there is something in the lease I have not reviewed it but there are many issues with this place and I know there’s... View More

James L. Arrasmith
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answered on Mar 14, 2024

I'm sorry to hear about the damage to your belongings due to the rodent infestation in your storage unit. This is a difficult situation, and it's important to understand your rights as a tenant and the responsibilities of the storage facility under California law.

In general,...
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1 Answer | Asked in Consumer Law and Internet Law for Vermont on
Q: Can I sue international online store about they included import fee but they not pay for it

I order from Revolve in the checkout they charge me 10% for import fee and also in the document clearly state that the duty fee and tax have to collect from exporter.. whe the product came the duty fee is more than 10% and they refuse to pay for it n not refund me back as well.. I have to pay for... View More

James L. Arrasmith
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answered on Mar 14, 2024

I understand your frustration with this situation. Whether you can sue the international online store depends on several factors, such as the store's terms and conditions, the laws of the countries involved, and the specific circumstances of your case.

Here are a few points to...
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1 Answer | Asked in Employment Law and Consumer Law for California on
Q: I have email traffic from a vehicle rental agency to my employer misrepresenting me.

It seems as if they intentionally do this to fraudulently bill additional invoices. I do project work and I have not worked since the incident was mostly finalized.

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you provided, it seems that a vehicle rental agency may have engaged in misrepresentation and fraudulent billing practices targeting you and your employer. This situation could potentially involve several legal issues under California law:

1. Defamation: If the...
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1 Answer | Asked in Consumer Law, Gov & Administrative Law and Health Care Law for California on
Q: When responding to subpoenas from an attorney or an attorney's third-party affiliate, is a signed authorization require?

Is this statement true? A subpoena is not considered valid if it does not have a stamp or is not signed by a judge or court clerk. Both the stamp and the signature indicate that the subpoena has been properly authorized and issued by the court. Without these elements, the subpoena may not carry... View More

James L. Arrasmith
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answered on Mar 13, 2024

In California, a subpoena issued by an attorney or an attorney's third-party affiliate must be properly signed and authorized, but it does not always require a stamp or signature from a judge or court clerk. The specific requirements depend on the type of subpoena and the stage of the legal... View More

2 Answers | Asked in Consumer Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Florida on
Q: gettting retainer refund

hired a firm but after thye missedd 2 conferences and me hjaing to ask over and over about status i hear nothing ican assume no work has been done how cani get my funds back ?

James L. Arrasmith
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answered on Mar 13, 2024

I'm sorry to hear you're having trouble with the law firm you hired. It sounds like a very frustrating situation. Here are some steps you can take to try to get a refund of your retainer:

1. Document everything: Gather any emails, letters, contracts, receipts or other records...
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2 Answers | Asked in Consumer Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Florida on
Q: gettting retainer refund

hired a firm but after thye missedd 2 conferences and me hjaing to ask over and over about status i hear nothing ican assume no work has been done how cani get my funds back ?

Angelo "Tony" Marino Jr.
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answered on Mar 13, 2024

I assume you are talking about a law firm. You can discharge a law firm at any time. However, the firm is entitled to a fee for what they have done. Depending on your agreement, it may be based on an hourly agreement or a contingency agreement. For example, if your agreement is hourly, and the... View More

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1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: question about Failure to Prosecute. Fla. R. Civ. P. 1.420 (e).

American Express sued me 1/14/2022 for a personal loan that I had not approved nor requested.

In Feb 2023 AMEX realizing they had a loser case offered to have the case dismissed with prejudice. I agreed to this because I could get derogatory statements removed on my credit report with... View More

Linda Liang
Linda Liang
answered on Mar 12, 2024

It seems that your attorney owes you a better explanation. Basically, Mere inaction for a period of less than 1 year

shall not be sufficient cause for dismissal for failure to prosecute. " Fla R. Civ P. 1.420(e) requires a clerk to send a notice of lack of prosecution and wait for 60...
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1 Answer | Asked in Consumer Law for Texas on
Q: What to do with that unfair business model of ashleyfurniture.com?

I ordered a set funiture from ashleyfurniture.com part of the set received damaged.got promised for a replacement. Replacement couldn't be done. I asked for returned because they can't fulfill my order. They refused and said they don't get funiture back after delivered. After alot... View More

John Michael Frick
John Michael Frick
answered on Mar 12, 2024

I'm sure this experience has been frustrating for you.

First and most important, do not discard the furniture you wish to return. Store the furniture in a safe place where it will not sustain any further damage.

Second, document how the furniture was damaged from water,...
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1 Answer | Asked in Consumer Law and Internet Law for Michigan on
Q: In Michigan, is it illegal to knowingly purchase a counterfeit good (Ex. Shoes, Clothing, etc.) for personal use only?

Personal use only. No selling.

James L. Arrasmith
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answered on Mar 11, 2024

In Michigan, knowingly purchasing counterfeit goods, even for personal use, is illegal under state law. Michigan has specific laws addressing counterfeit trademarks and theft of service.

According to Michigan Compiled Laws section 750.263, a person shall not knowingly purchase or acquire...
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3 Answers | Asked in Consumer Law and Small Claims for California on
Q: Is charging high interest on personal loans friends is punishable, if so how bad is it ?

My friend was doing making loans to friends and people he knew of , and one on those people now is saying he's no going to pay instead he will press charges on him for " ilegal's" loans with high interest, now my friend is scared that he will go to jail he didn't know... View More

James L. Arrasmith
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answered on Mar 10, 2024

In California, there are laws governing personal loans and the amount of interest that can be charged. These laws are designed to protect borrowers from predatory lending practices.

1. Usury Laws: California has usury laws that set limits on the interest rates that can be charged on...
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3 Answers | Asked in Consumer Law and Small Claims for California on
Q: Is charging high interest on personal loans friends is punishable, if so how bad is it ?

My friend was doing making loans to friends and people he knew of , and one on those people now is saying he's no going to pay instead he will press charges on him for " ilegal's" loans with high interest, now my friend is scared that he will go to jail he didn't know... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 10, 2024

It's not clear that ANY law enforcement agency will care about this?

BUT, there is a level of interest one can legally charge in CA and in

most other states, although it varies. Also, to legally loan money,

one usually needs a license, like a banking license???...
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3 Answers | Asked in Consumer Law and Small Claims for California on
Q: Is charging high interest on personal loans friends is punishable, if so how bad is it ?

My friend was doing making loans to friends and people he knew of , and one on those people now is saying he's no going to pay instead he will press charges on him for " ilegal's" loans with high interest, now my friend is scared that he will go to jail he didn't know... View More

Leon Bayer
Leon Bayer
answered on Mar 11, 2024

Your friend has nothing much to worry about. The legal interest rate limit for an ordinary person loaning money in California is 10% APR. If your friend charges more than that, he can still sue the person who won't pay and ruin that person's credit, but the court probably won't let... View More

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1 Answer | Asked in Consumer Law, Civil Rights and Landlord - Tenant for California on
Q: What are the rights of someone who has lived in the backyard in a tent for almost a year in California?

I have lived in a large tent in the backyard if a homeowner for almost a year in southern California. The owner has provided me with electricity and heat and water. I have use of the laundry facility and inside the tent I have a mini fridge, small single burner stove, convention oven and... View More

James L. Arrasmith
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answered on Mar 10, 2024

In California, individuals who have lived on a property with the owner's permission for an extended period may establish certain rights as a tenant, even without a formal lease agreement. This is often referred to as a "tenant at will" or "tenant by sufferance."... View More

1 Answer | Asked in Contracts and Consumer Law for California on
Q: If a car dealer sells a car he knows or should reasonably known the person can’t pay for be sued for the down payment
James L. Arrasmith
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answered on Mar 9, 2024

I apologize, but the wording of your question is a bit unclear. I believe you are asking whether, under California law, a car dealer can be sued for the down payment if they sell a car to a person who they know or should reasonably know cannot afford to pay for it. Let me clarify this for you.... View More

1 Answer | Asked in Tax Law, Consumer Law and Business Law for New York on
Q: Is it normal to be charged tax on a repair of a musical instrument in NYC?

I brought in a violin to a luthier in Brooklyn NY to fix. She first told me a price for the job and I agreed and left it by her.

She also gave me a paper to sign which showed the original price. For some reason, she didn't give me a copy of the paper at that time.

Now two... View More

James L. Arrasmith
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answered on Mar 8, 2024

In New York City, charging sales tax on the repair of tangible personal property, including musical instruments, is standard practice. The tax applies to both the parts and labor involved in the repair, not just the physical items purchased as part of the service. Therefore, it's normal for... View More

1 Answer | Asked in Consumer Law, Banking, Civil Rights and Employment Law for Pennsylvania on
Q: I work for a financial institution in Pennsylvania. Is it legal to go to local businesses and solicit the employees?

Middle Management is asking financial representatives to go door to door to local businesses without prior permission from the owners of these businesses to solicit financial services to their employees while the employees are working at their jobs. I guess Management's thinking is our perfect... View More

James L. Arrasmith
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answered on Mar 8, 2024

It's understandable that you're concerned about the legality and ethics of soliciting employees at local businesses without prior permission. Generally, the practice of going door-to-door to businesses to offer services directly to employees during work hours raises several legal and... View More

1 Answer | Asked in Consumer Law, Criminal Law and Personal Injury for North Carolina on
Q: My things were in a fire at a storage facility. The biz isn't letting me look through my destroyed unit for salvage.

I feel like I'm getting the runaround from this company. At first they told me a customer used a code to get in and set it on fire, and now they're telling me they cut their way in and did the same.

The problem is this: I think some things survived in this fire, but they... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 8, 2024

Your property should be covered by your homeowners or renters insurance policy. Turn in an insurance claim and your own insurance company will help you get access.

If you did not have insurance, that's too bad because most likely the storage facility is not at fault whether a customer...
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