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Consumer Law Questions & Answers
1 Answer | Asked in Contracts and Consumer Law for California on
Q: Can I sue a company that I bought an engine from on the internet? And never received that engine.
James L. Arrasmith
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answered on Mar 31, 2024

Yes, you can sue a company that you bought an engine from on the internet if you never received the engine. This would be considered a breach of contract.

In California, the Uniform Commercial Code (UCC) governs the sale of goods, including online transactions. According to the UCC, the...
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1 Answer | Asked in Consumer Law, Personal Injury and Landlord - Tenant for Florida on
Q: Violation of Florida's Implied Warranty of Habitability and Section 83.64 Prohibited Practices

- Maintenance requests ignored, leading to uninhabitable living conditions

- Retaliatory conduct by maintenance personnel, including threats and property damage

- Misrepresentation of completed repairs, non-compliance with the Broward electrical code

- Ongoing and severe... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you've provided, it appears that you and your fellow tenants are dealing with a serious violation of your rights as renters in Florida. The issues you've described - ignored maintenance requests, retaliatory conduct, misrepresentation of repairs, severe mold... View More

1 Answer | Asked in Consumer Law, Civil Litigation, Construction Law and Landlord - Tenant on
Q: What form do I use to file a "Plaintiff's Complaint in Circuit Court"

What form do I use to file a "Plaintiff's Complaint in Circuit Court" after my Small Claim filing is switched to Regular Civil Docket of Circuit Court? And is there anyone available and willing to help me stop more tenants from getting sick or losing $1000's in personal property... View More

James L. Arrasmith
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answered on Mar 31, 2024

I'm sorry to hear about your situation with the toxic living environment. To answer your questions:

The specific form to file a Plaintiff's Complaint in Circuit Court will depend on your state and county. Many states have standard complaint forms available on the court's...
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1 Answer | Asked in Consumer Law and Landlord - Tenant for Georgia on
Q: Can my girlfriends family kick me out of their home even when i can't afford to leave?

I moved to Georgia in June 2023 for a promised freelance job, but it fell through. Financially struggling, I ended up staying with my girlfriend's family, who welcomed me without setting a specific timeframe. My own family situation is unstable, with my mom unexpectedly leaving for New York.... View More

James L. Arrasmith
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answered on Mar 30, 2024

In Georgia, as in most states, your situation involves understanding tenant rights, even if there's no formal lease agreement. If you've been living in your girlfriend's family home without a specific agreement, you might still be considered a tenant at will. This generally means... View More

1 Answer | Asked in Consumer Law for Ohio on
Q: I live in Ohio and placed a telephone call to the customer service department of a large U.S. company. During the call,

I live in Ohio and placed a telephone call to the customer service department of a large U.S. company. During the call, individuals talking in the call center background made comments that were ridiculing and harassing towards me and were often heard mocking and laughing as I attempted to... View More

James L. Arrasmith
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answered on Mar 29, 2024

I'm sorry to hear about your distressing experience. In situations like these, documenting the incident in as much detail as possible is crucial. This includes noting the date, time, and any identifiable information about the call, such as the representative's name or employee number, if... View More

1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Sexual Harassment for Massachusetts on
Q: my pawn SHOP VERY RECENTLY SEIZED AND SOLD TWENTY OF MY CLASIC GIUITARS. I DID RECIEVE OVERDUE NOTICES

I ALSO HAVE A SERIOUS ISS UE WITH ABUSE FROM ONE OF THEIR EMPLOYEES. I WENT IN THERE .A NUMBER OF TIMES HE TOLD ME THE COMPUTER WAS OVERLOADED WITH MY ACCOUNT. I HAD TO WAIT UP TO FORTY MINUTES FOR THE COMPUTER TO MYTHOLOGICALLY FIX ITSELF. HE WAS LYING. THIS EMPLOYEE IS SO FEROCIOUS I AVOIDE GOING... View More

James L. Arrasmith
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answered on Mar 29, 2024

I'm sorry to hear about the troubles you've had with your pawn shop, including the loss of your classic guitars and the difficult interactions with an employee. It's important to address both the financial and the interpersonal issues you've experienced. Given the overdue... View More

1 Answer | Asked in Consumer Law, Car Accidents and Insurance Defense for Kentucky on
Q: Vehicle was deemed a total loss, but I want to buy back the vehicle. I still owe on the loan.

The total settlement number they gave me would be more than I owe, but the salvage price to keep the vehicle would make the new amount less. I understand that would leave me with the remaining loan balance. Adjuster told me that they won’t release any funds until the loan is paid in full. I was... View More

Tim Akpinar
Tim Akpinar
answered on Mar 28, 2024

A Kentucky attorney could advise best, but your question remains open for a week. You'll probably need to go through the figures with them in more detail than is possible here. But the basic principle is that keeping the vehicle will reduce the payment. If a vehicle is old and low value, it... View More

2 Answers | Asked in Consumer Law and Contracts for California on
Q: Dealership not certifying a car?

My mom leased a car in 2020, she decided she wanted to by the car. So her and I go back to the dealership to do just that. Every single person we talked to told us “in order to sell you the car, we have to certify it”. It was going to cost around $5,000.00 that was going to be added to the cost... View More

Leon Bayer
Leon Bayer
answered on Mar 28, 2024

To buy the car, just call the leasing company that you make the payments to. The dealer does not own the car and has no say in this process.

I hope you did not pay the dealer for 'certification.' That is just scam BS. You might report the dealer to the DMV, it sounds to me like a...
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2 Answers | Asked in Consumer Law and Contracts for California on
Q: Dealership not certifying a car?

My mom leased a car in 2020, she decided she wanted to by the car. So her and I go back to the dealership to do just that. Every single person we talked to told us “in order to sell you the car, we have to certify it”. It was going to cost around $5,000.00 that was going to be added to the cost... View More

James L. Arrasmith
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answered on Mar 28, 2024

In California, when a dealership fails to fulfill its commitments or misleads customers about vehicle certification and necessary repairs, consumers have rights under both state and federal laws. These laws include the Song-Beverly Consumer Warranty Act, also known as the California Lemon Law, and... View More

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1 Answer | Asked in Consumer Law, Business Law, Gov & Administrative Law and Municipal Law for California on
Q: Autopay (water bill) with a credit card & paperless billing since 2008: Can city now charge fee for credit card use?

The city gets to save money with paperless billing. The customers set up auto pay with a credit card. This was a win-win. But the city now wants to change terms saying they will charge customers for credit card fees. This eliminates the incentive for the city to use a low cost credit card... View More

James L. Arrasmith
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answered on Mar 27, 2024

In California, businesses, including cities providing utilities, have the discretion to charge fees for credit card transactions, subject to state regulations and any agreements they may have with customers. The legality of introducing a new fee after a service has been provided under certain terms... View More

2 Answers | Asked in Consumer Law for Pennsylvania on
Q: If your a victim of insurance fraud, what should you do?
Tim Akpinar
Tim Akpinar
answered on Apr 7, 2024

Your question is concise, but it leaves the door open to various interpretations. It could mean an insurance carrier was deceitful in handling your auto claim, but it could mean other things as well. If you feel that you suffered monetary damages as a result and you are interested in pursuing the... View More

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2 Answers | Asked in Consumer Law, Contracts and Small Claims for California on
Q: Refund of down payment deposit at car dealership in California.

I am in California and paid 1000$ as a deposit to hold the car until I pay the reminder of the down payment. I backed out of purchasing the car. I signed the retail installment sale contract(553) but did not sign a Vehicle Purchase Agreement/Bill of sale nor take deliver of the car. Can I get a... View More

James L. Arrasmith
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answered on Mar 27, 2024

Under California law, particularly under Vehicle Code Section 11736(c), you are generally entitled to a refund of your deposit before signing a vehicle purchase agreement and taking delivery of the vehicle. However, the specific terms of the retail installment sale contract you signed may... View More

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2 Answers | Asked in Consumer Law, Contracts and Small Claims for California on
Q: Refund of down payment deposit at car dealership in California.

I am in California and paid 1000$ as a deposit to hold the car until I pay the reminder of the down payment. I backed out of purchasing the car. I signed the retail installment sale contract(553) but did not sign a Vehicle Purchase Agreement/Bill of sale nor take deliver of the car. Can I get a... View More

Leon Bayer
Leon Bayer
answered on Mar 27, 2024

I think you are entitled to sue the dealer, and file a complaint against the dealer with the DMV.

I believe that what you signed is not allowed to override California Code, Vehicle Code - VEH § 11736.

Small claims court is where you take this to sue.

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1 Answer | Asked in Consumer Law, Civil Rights and Small Claims for Nevada on
Q: Is the mechanic liable for your car while in his possession
James L. Arrasmith
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answered on Mar 26, 2024

When you hand over your car to a mechanic, they generally assume a certain degree of responsibility for it. This includes taking reasonable care to prevent damage or theft while it's in their possession. It's essential to understand that this obligation doesn't cover unpredictable or... View More

1 Answer | Asked in Consumer Law for Michigan on
Q: I bought a Motorcycle online and it was advertised on line as a higher end model than what it was actually.

Bluebook difference was about $700 difference. I didnt realize it until about 6 months later. I still have 2 screen shots of the advertisement. I called and complained in 2020 but didn't hear anything back after talking to a supervisor telling him i was not making any more payments until this... View More

Brent T. Geers
Brent T. Geers
answered on Mar 26, 2024

Consider talking with a consumer rights attorney who can advise you on what remedies may be available through Michigan's consumer protection act. I suspect though that once you accepted delivery of this motorcycle, and had it for at least 6 months before noticing anything, it may be difficult... View More

2 Answers | Asked in Consumer Law and Identity Theft for California on
Q: I was a victim of identity theft, my bank helped offenders opened a new account & made purchases & withdrawals.

Can they be held liable for negligence and for not protected me as a consumer?

James L. Arrasmith
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answered on Mar 25, 2024

Banks have a duty to implement reasonable security measures to protect customers' personal and financial information. If a bank fails to do so and this negligence leads to identity theft, the bank could potentially be held liable for the damages suffered by the victim. The key factor is... View More

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2 Answers | Asked in Consumer Law and Contracts for California on
Q: Are there laws in CA that protect consumers from undisclosed additional fees in lease a new car, ? Tks

Are there laws in California that protect consumers from undisclosed additional fees in purchase or lease contracts for new vehicles, which consumers may overlook before signing the contract? For example, I signed a new car lease and wasn’t informed upfront that they have to pay $9000 classified... View More

James L. Arrasmith
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answered on Mar 25, 2024

In California, consumer protection laws are in place to safeguard individuals against deceptive practices, including undisclosed fees in lease or purchase contracts for new vehicles. The California Civil Code and the Vehicle Leasing Act offer specific regulations that demand transparency and full... View More

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2 Answers | Asked in Consumer Law and Contracts for California on
Q: Are there laws in CA that protect consumers from undisclosed additional fees in lease a new car, ? Tks

Are there laws in California that protect consumers from undisclosed additional fees in purchase or lease contracts for new vehicles, which consumers may overlook before signing the contract? For example, I signed a new car lease and wasn’t informed upfront that they have to pay $9000 classified... View More

Leon Bayer
Leon Bayer
answered on Mar 25, 2024

"Undisclosed" and "overlooked" do not have the same meanings.

Financing terms must be set out nicely and boldly. You can retain a lawyer to review your contract and advise you on whether your contract complies with the law. But if you did business with a new car dealer,...
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2 Answers | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Legal Malpractice for California on
Q: Had an issue with car dealership.found a lemon law form. Client attorney contract was signed with an attorney who was

Disbarred and suspended. Firm changed there name and took them a year and 3 months to even send my demand for arbiration. I was never given any advice or informed on what my case was worth. As I review other cases the firm handled it was penny compared, all cases are different I know. But I... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 24, 2024

You bring out a number of issues that are of concern as to the attorneys’ actions. In particular if there was a switching of firms without your agreement, a disbarred attorney representing you, and charging an excessive and not agreed to fee. You should consult with experienced ethics,... View More

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2 Answers | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Legal Malpractice for California on
Q: Had an issue with car dealership.found a lemon law form. Client attorney contract was signed with an attorney who was

Disbarred and suspended. Firm changed there name and took them a year and 3 months to even send my demand for arbiration. I was never given any advice or informed on what my case was worth. As I review other cases the firm handled it was penny compared, all cases are different I know. But I... View More

James L. Arrasmith
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answered on Mar 24, 2024

Under California law, your situation raises several concerns regarding the conduct of your legal representation, particularly in the context of the Lemon Law claim you pursued against a car dealership. If your attorney was disbarred or suspended during the course of your representation, this could... View More

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