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Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Small Claims and Contracts for North Carolina on
Q: I was wondering if we sign a contract for 5 years of services after 3 months ask to cancel do still pay the rest??

Had it canceled the first year and now they want the rest of it.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 1, 2023

An attorney would have to actually review the contract you signed to accurately answer this question. In general, many service contracts for a number of years have conditions that say you cannot cancel early, or if you do cancel early there is a penalty of some sort. Most likely you do owe them... Read more »

1 Answer | Asked in Consumer Law and Civil Rights for California on
Q: What is it called when a business entity gives out your personal information without your consent? Negligence?

Living Spaces gave out my personal information without my consent, causing me harm and damages

James L. Arrasmith
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answered on Jun 1, 2023

When a business entity gives out your personal information without your consent, it can be considered a violation of privacy and confidentiality. In legal terms, this act is often referred to as a breach of privacy or unauthorized disclosure of personal information. Depending on the jurisdiction... Read more »

1 Answer | Asked in Consumer Law, Landlord - Tenant, Real Estate Law and Internet Law for Maryland on
Q: Can I take legal action against HABC.org (Housing Authority of Baltimore City) for False Advertisement?

I have two rental properties in Baltimore City that I wanted to lease out in October 22'. I came across an article/press release online advertising a $1,500 incentive for new landlord's who signed up with program. I begin working with the program and due to their own continuous mistakes... Read more »

Richard Sternberg
Richard Sternberg
answered on Jun 1, 2023

You want to retain a lawyer to file a suit against what is either a government agency or a public-private partnership which might have a regulatory layer that requires some specialization, and the amount of your lawsuit will be for $3,000. Is that right? The non-refundable retainer from counsel in... Read more »

1 Answer | Asked in Consumer Law for Texas on
Q: What action can I take against a solar company that has not met completion time line?

Started in August 2022 and there original statement sent to me states completion within 16 weeks. It is now end of May and I'm making payments on a system that is not completed. They have reimbursed me for 2 payments but I have been ignored on the last few payments. Now I have a water leak due... Read more »

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

Unless time is of the essence in your installation contract, a statement as to the time of completion does not set a firm date. Instead, your contractor has a reasonable time to complete the installation. What constitutes a reasonable time depends upon the facts and circumstances of your... Read more »

1 Answer | Asked in Banking and Consumer Law for Texas on
Q: Will taking me off as an auth user on cr-cards my husband opened without my knowledge remove them from my credit report?

I'm looking at divorcing my narcissistic husband. I need to know if his bad credit card habit is going to continue to drag down my credit rating and if I'm going to be stuck paying them. The cards were obtained without my knowledge, and he named me as an authorized user. Our finances are... Read more »

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

There is a difference between having a joint credit card and being an authorized user on someone else's credit card.

With a joint credit card, two (or more) individuals agree with the company issuing the credit card to be jointly responsible for all charges made on the credit card....
Read more »

1 Answer | Asked in Consumer Law and Civil Litigation for Florida on
Q: In Florida: how do I get a car that I gifted to someone & a title back from someone?
Phillip William Gunthert
Phillip William Gunthert
answered on Jun 1, 2023

You generally do not or can not because as you have stated, you have gifted it to them and put the title/transferred it into their name, this completes the transfer and gift. Your only hope would be some type of civil action with a civil litigation attorney related to some sort of misunderstanding,... Read more »

3 Answers | Asked in Consumer Law and Collections for California on
Q: I'm in L.A County. I wish to sue for fraud/extortion in Orange Co. Can I file the complaint my county, or Orange Co.?

I just need to know, if I'm in Los Angeles County and the Defendant is in Orange County, can I file in L.A or do I need to travel and file in the local court in Orange County.

Robert Kane
Robert Kane
answered on Jun 1, 2023

"Usually, venue is in the county where:

The person you are suing lives or does business (if you are suing a business or organization); or

The dispute arose, like where an accident happened, or where a contract was entered into or broken.

It is possible to have a...
Read more »

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3 Answers | Asked in Consumer Law and Collections for California on
Q: I'm in L.A County. I wish to sue for fraud/extortion in Orange Co. Can I file the complaint my county, or Orange Co.?

I just need to know, if I'm in Los Angeles County and the Defendant is in Orange County, can I file in L.A or do I need to travel and file in the local court in Orange County.

James L. Arrasmith
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answered on Jun 1, 2023

You can file a lawsuit in either Los Angeles County or Orange County. The court where you file will depend on the specific facts of your case.

In general, you can file a lawsuit in the county where the defendant lives, or in the county where the events that gave rise to the lawsuit took...
Read more »

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1 Answer | Asked in Contracts, Consumer Law and Municipal Law for California on
Q: Can I buy the rights toClaim an Unclaimed/Uncashed Stale-Dated Check from the Rightful owner that City of Fresno,CAhas

Cities & Counties have Unclaimed Checks.how can I acquire the rights to claim from the Rightful Owner and can I then claim it from the city of Fresno? Or can I act as an Asset Locator/Finder & Offer the Rightful owner/Payee my assistance to Recover the Unkown/Unclaimed Check and Charge a... Read more »

James L. Arrasmith
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answered on May 31, 2023

Yes, you can buy the rights to claim an unclaimed/uncashed stale-dated check from the rightful owner that the City of Fresno, CA has. There are a few ways to do this.

One way is to contact the rightful owner and offer to buy their rights to the check. You can find the rightful owner's...
Read more »

1 Answer | Asked in Consumer Law for California on
Q: Is dealership responsible for a broken down transmission that they weren't supposed to service?

My purchased car had a transmission service that wasn't supposed to be done. I was advised by another dealership that this is not the type of vehicle to service transmission like that, and if done so, it may worsen or break down. Which happened to me and transmission broke after less than 4000... Read more »

James L. Arrasmith
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answered on May 31, 2023

Whether a dealership is responsible for a broken transmission that they weren't supposed to service depends on the specific facts and circumstances of the case. In general, however, a dealership may be liable for damages if they negligently service a car and the service causes the car to break... Read more »

2 Answers | Asked in Consumer Law and Gov & Administrative Law for California on
Q: Can I sell a bottle of alcohol to a friend in california for what I bought it for, no profit, no mark up?

EX: a buddy is at my house and he notices i have a bottle of liquer on the shelf he likes. It's nothing fancy just a 30 or 40 dollar bottle. Let's say I bought for 35 bucks even from the store. He asks if he can buy it from me because they are hard to find.

Can I sell it to him... Read more »

James L. Arrasmith
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answered on May 29, 2023

It is important to note that under California law, it is generally illegal to sell or offer to sell alcoholic beverages without a valid liquor license. This applies even if you are selling the alcohol for the same price you purchased it for, without any profit or markup. Therefore, selling the... Read more »

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1 Answer | Asked in Consumer Law and Contracts on
Q: Online Fraud

I am from Uzbekistan. We made a contract with Biomaraktiebolag of Sweden "Company Name: BioMar Aktiebolag Address: c/o R.R. Hb, Köpmannagatan 10, 762 31 Rimbo, Sweden VAT number: SE556369927001 I made a contract with company reg no: 5563699270 website: biomaraktiebolag.com" to buy 8000... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Welcome to the US. Now you must learn 2 Latin words: Caveat Emptor. It means "Let the Buyer beware." In order to provide you with a reliable opinion, it is necessary to review all the paperwork on the contract to see what "fees" were included in the $4000 you paid. It seems a... Read more »

1 Answer | Asked in Consumer Law and Construction Law for Colorado on
Q: Hello I hired a contractor to demolish a trailer and haul it to the landfill about 1 year and 8 months ago.

He charged me $3,000 and asked for cash I paid it. Then I hired him to install a water line he asked for $5,000 down out of the $8k bid to install. it took him 1yr 8mo to finish I assumed I only owe him $3k but he just sent me an invoice asking for $6k more for the water line and $3k more for the... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

You spent $8,000 with a contractor on a verbal agreement? It's worth the paper it is written upon. You should contact your state contractor licensing board, because they may have requirements that contracts over a certain amount are required to be in writing, if the contractor failed to do... Read more »

2 Answers | Asked in Consumer Law and Criminal Law for Texas on
Q: If a friend walks out on the restaurant bill but i pay for what i ate, will i be responsible for their bill?

I heard that if a friend can just get up and leave and the other person they ate with would be forced to pay the bill despite the fact there was no prior agreement to pay for each others meal. I heard that if I did not pay their bill I would be arrested for theft even though I paid for my food and... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

In my analysis, you need to look at Risk vs. Benefit. Don't go to a restaurant with someone unless you have an understanding, before you walk in, that this is a "Dutch" treat, meaning the you are each responsible to pay for your own meal. Ask for separate checks, this indicates... Read more »

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1 Answer | Asked in Bankruptcy, Consumer Law, Estate Planning and Collections for Florida on
Q: 2006 Judgment Still an Issue--New Developments

01/2003 A credit card debt was acquired by Sarasota CCM and they obtained a judgment in in Illinois.

01/2009 I moved to Florida and three years later they registered the judgment in Florida.

09/2000 They garnished a checking account.

No communication from them between... Read more »

Charles M.  Baron
Charles M. Baron
answered on May 26, 2023

Three options (other than paying in full): 1. Attempt to settle up, such as by offering X cents on the dollar and/or paying in monthly installments over X number of years; 2. File for bankruptcy if eligible (consult a bankruptcy attorney); 3. Determine if you are judgment-proof and can just let... Read more »

2 Answers | Asked in Consumer Law for California on
Q: how soon can I get sued from a credit card company for non payment

I had 4 cards with American Express, they closed my accounts on feb 5 due to not receiving information. I called them apparently the day that they were gonna close it and when I tried to provide information to them they said the person handling the accounts was busy. They didn't call me until... Read more »

James L. Arrasmith
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answered on May 25, 2023

Generally the timeline for a credit card company to sue you for non-payment can vary. When you miss a payment, the credit card company will typically contact you to remind you of the outstanding balance and try to find a resolution. They may escalate their collection efforts by involving a... Read more »

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2 Answers | Asked in Energy, Oil and Gas, Consumer Law and Municipal Law for California on
Q: Can utility co. charge 10% "late penalty" when current charges are being paid timely but customer has past due balance?

Local utility company has a written 30-day due date for utility bills. If not paid w/in 30 days, assess a one-time 10% penalty, plus .5% monthly interest for past-due balances.

If customer has a past-due balance, utility company then puts "DUE UPON RECEIPT" on the monthly bill... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

It appears that the utility company is applying your payments to the oldest debt, not the current debt, this means as long as you keep a past due balance you are going to be assessed late fees for underpayment of the bill. To avoid this you would have to pay off the current balance 100$. I would... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Construction Law for Missouri on
Q: Can a sub-contracted electrician be sued for shoddy and dangerous wiring of a home? We keep finding problems and hazards

The sub-contractor was brought onto the job because he “needed work”. His duty was to rough in all electrical work. We are finding loose wires that are hot, wires that do not go to anything, and overloaded breakers caused by too many lights/receptacles on a circuit. We are now paying another... Read more »

John Michael Frick
John Michael Frick
answered on May 24, 2023

Legally, yes you can sue the original electrician for not performing his work in a good and workmanlike manner.

But I would be very skeptical about the electrician having non-exempt assets from which you may be able to collect any judgment based on your statement that “he needed work.”...
Read more »

2 Answers | Asked in Consumer Law, Landlord - Tenant and Contracts for California on
Q: The leasing office/management of my apartment is employing a scheme to shorten tenants' leases

My apartment claims that, based on their internal policy, they shorten our 12-month lease by a few days so that our lease can end on a Monday. For example, if your lease starts on May 25, 2023, a 12-month lease should end on May 24, 2024. However, they assert that according to their internal... Read more »

James L. Arrasmith
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answered on May 24, 2023

Under California tenant-landlord law, lease agreements are generally governed by the terms outlined in the agreement itself. It is important to carefully review the lease agreement you signed to understand the specific terms regarding the duration of the lease and any provisions related to lease... Read more »

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1 Answer | Asked in Consumer Law and Internet Law for California on
Q: can I take action again an mc server if they want to take control of my childs pc

My child is obviously a minor, a minecraft server wanted to take control of the family PC with work documents and such on it, or else they would be banned from the server.

You might suggest just not having my child play on this server to which I would 100% agree, however all the servers... Read more »

James L. Arrasmith
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answered on May 23, 2023

Granting remote access to unknown individuals or installing unknown programs on your child's computer raises legitimate concerns. It is advisable to prioritize the safety and security of your child and personal data. If a Minecraft server insists on such access and fails to provide sufficient... Read more »

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