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Idaho Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Idaho on
Q: I have bought a motorcycle from a dealer and they don’t have the title.

I have bought a motorcycle from a dealer June 2020 I financed this. I have paid this off March 21 and called my bank they can’t find the title. I called the DMV and they stated that it’s in the first owners name from 2018. This was odd as it was financed by a bank in North Carolina but yet they... Read more »

Kevin M Rogers
Kevin M Rogers answered on Apr 9, 2021

The dealer is unscrupulous and should give you your money back. They lost the title or hadn't received it when they sold it to you. Idaho gives the owner of the bike 30 days to get the Title to the new owner. Your options now are: begin litigation against the dealer, you will win. Or, go... Read more »

1 Answer | Asked in Consumer Law for Idaho on
Q: Is it ok for a bank to take and keep money without my knowledge or consent?

I owed money but we had an agreement for monthly payments,

that I have kept. They took my stimulous

Kevin M Rogers
Kevin M Rogers answered on Mar 4, 2021

Was your agreement in writing? If they "tapped" your bank account, it sounds an awful lot like they have a money judgment against you and they are using their rights to "attach" bank accounts and anything else you have that isn't "exempt." Exemptions are found... Read more »

1 Answer | Asked in Consumer Law for Idaho on
Q: Can you be charged with and arrested for grand theft of a vehicle licensed and titled to you?" In Idaho
Kevin M Rogers
Kevin M Rogers answered on Jan 21, 2021

Shouldn't be able to be arrested for "theft," as long as the vehicle is titled in your name. There must be more facts to this story?

1 Answer | Asked in Consumer Law and Civil Litigation for Idaho on
Q: I bought a car with my boyfriend and he left me and took the car. I am the first signer. Can I just go get the car?

I paid the down payment and some of the car payments, the registration and repairs.

Kevin M Rogers
Kevin M Rogers answered on Nov 17, 2020

Nope. You were the first signer on the LOAN, right? Your name is or is not on the title? If your name IS on the title as a "co-owner," then you have as much right as he does to possess your car. However, how the car is titled is a big deal in Idaho. If you haven't paid the car... Read more »

1 Answer | Asked in Consumer Law for Idaho on
Q: I'm under 18 I have saved and am ready to buy a car with all cash do I need to have a cosigner on the title in Idaho

I have saved all cash and I have found a vehicle from a private entity since I am under 18 and am buying the vehicle out right do I need to have some one else cosign on the title or can just I sign it I will be 18 in less than 12 months and don't want to retitle the vehicle. Also if my name is... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 20, 2020

Hi there,

Yes you need to have a co-signer, not because you may not have good credit but for the same reason that you may NOT title a car in your name, until you're 18 yrs. old. So, right now you can titled it in yourname/co-signer's name and then in one year, re-title it in just...
Read more »

1 Answer | Asked in Consumer Law for Idaho on
Q: I was financed for a car from an established used car place only to find it needs rack & pinion replaced. Can I sue?

I returned to the dealership within a month of driving and complained about the tire locking up when I turn left. They suggested it could be the hub which I paid them to replace and the problem has not only continued but has gotten worse. They told me to just turn traction control off every time I... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 12, 2020

Dear Robbed,

Please correct me if I misstate the facts you've listed.

First, you purchased a vehicle from a dealer? Was the car new or used?

Second, if it was used, did it have a "AS IS" sign on the windshield?

Third, if it was used AND it had an...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Libel & Slander and Medical Malpractice for Idaho on
Q: I would like to file a complaint against a judge

I believe my rights were violated judge would not take evidence into consideration

Kevin M Rogers
Kevin M Rogers answered on Sep 23, 2020

Without knowing a few things it would be difficult to give you proper guidance. I would like to know 1) what the evidence was that you tried to get in; 2) what the objection was to it's admission? 3) what point was the evidence sought to be introduced? Did the case make it to trial? Was... Read more »

1 Answer | Asked in Consumer Law for Idaho on

medical recovery debt hired a lawyer and keeps suing me for crazy amount in fees. 10k 10 years later

Kevin M Rogers
Kevin M Rogers answered on Aug 6, 2020

A money judgment in Idaho must be renewed every five (5) years and then can only be renewed 3 times. If the creditor continues to try and collect, see if they have renewed their money judgment. If they've renewed it correctly, then it looks like you're only a few years from outliving... Read more »

1 Answer | Asked in Consumer Law for Idaho on
Q: Purchased a new car from dealer. Was sold as new with 4 miles. Manufacturer says it was a demo and warranty time is cut

Vehicle was advertised and sold as brand new with 3yr warranty. Manufacturer said it only has 2 years left as it was a demo model. This was not disclosed on the contract or verbally

Kevin M Rogers
Kevin M Rogers answered on Jul 18, 2020

These are "contract-specific" questions. If the car was advertised as "new," be sure to write down any other, specific terms (promises) they made to you. Where did you learn that the vehicle came with a 3-year warranty? If this was verbally communicated to you, it will be much... Read more »

1 Answer | Asked in Consumer Law for Idaho on
Q: Can a collection agency legally charge a $16 convenience fee? Do I have a legal leg to stand on/ a possible case?

I'm trying to help my wife pay off some debts. We tracked down the collection agency holding a $307 debt. When we tried to pay online it stated that a $16 convenience fee would be charged for debit/credit card transactions. Its free to give them a bank routing & checking account # which I... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jul 14, 2020

You may be absolutely correct. I would simply show this to the collection prople and see if they will adjust their fee. If not then you have a law suit to file, if its worth $16 to you?

1 Answer | Asked in Consumer Law and Insurance Bad Faith for Idaho on
Q: Guild mortgage refusing to pay contractor building burned residence. Holding Insurance money.

Licensed contractor has a signed contract with Guild Mortgage. is there a cause of action?

Kevin M Rogers
Kevin M Rogers answered on Mar 27, 2020

There’s ALWAYS a cause of action. Question is, which party are you? Are you the builder? Contractor? Guild Mortgage? So many questions have I.

2 Answers | Asked in Consumer Law for Idaho on
Q: I found a blank money oreder and filled my name in it and tried to cash it but it was reported stolen what am I facing
Kevin M Rogers
Kevin M Rogers answered on Mar 22, 2020

Finding a money order is akin to finding a credit card and then trying to use it. It’s a felony and carries a maximum penalty of 5 years in prison and a $10,000 fine.

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1 Answer | Asked in Business Law and Consumer Law for Idaho on
Q: I am interested in finding how to collect monies from Amazon. Its called-Prime Profit. Please let me know.

The money comes from a tax on Amazon. How do i get a piece of it ?

Kevin M Rogers
Kevin M Rogers answered on Oct 24, 2019

I didn't know that private citizens were entitled to share in a tax imposed upon Amazon? What makes you think that you're entitled to take part of a tax that Amazon has to pay based upon, what? I need a LOT more information before I could give you a very good answer.

1 Answer | Asked in Consumer Law for Idaho on
Q: I bought a laptop from facebook, they advertised that it had 16 gigs of RAM when it only had 4.

Do i have any legal repercussion? I have tried to talk to them in facebook but they have blocked both me and my husband after selling it to us.

Michael Hales
Michael Hales answered on Mar 28, 2019

You might want to bring a small claims action against them if it's worth the time.

1 Answer | Asked in Banking, Bankruptcy, Collections and Consumer Law for Idaho on
Q: debt collection cases
Kevin M Rogers
Kevin M Rogers answered on Oct 15, 2018

All debt collection STOPS as soon as you file ANY chapter in bankruptcy. If you’re behind on a car payment and you file bcy the collection against you will stop immediately. Same with a house if you’re behind on your mortgage. However the collection on these two kinds of debts will start again... Read more »

1 Answer | Asked in Consumer Law and Contracts for Idaho on
Q: cell insurance doesnt have my phone, gave me option of upgraded model but says my deduct will go up by 125.00 can they

increased deductible 125.00 because they dont have my phone!! is that legal

Christian K. Lassen
Christian K. Lassen answered on Apr 2, 2018

We would have to review the policy in order to provide meaningful answers

1 Answer | Asked in Consumer Law and Contracts for Idaho on
Q: Should we be able to get our money back?

My wife and I went to our gym in 2016 told them we wanted to cancel, the desk worker confirmed we were cancelled and would no longer be charged. A year later we have discovered that we are still being charged. I called the billing company and they say that per our contract we have to write a letter... Read more »

Michael Hales
Michael Hales answered on Feb 8, 2018

While I feel that you have a valid complaint, the issue will be proving that you gave the verbal cancellation. Is there anything evidence from that day?

1 Answer | Asked in Consumer Law, Products Liability, Tax Law and Banking for Idaho on
Q: There is a company in idaho that handles communications for inmates currently incarcerated, they breach their terms

Of service, add charges that SHOULD not be there and have the same excuse each time and why they are not responsible even after you run their test prior to using their services (test runs speeds and connections) comes back good.. ive lost enough money to this company swindling their customers i... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2017

Contact the Idaho Civil Liberties Union and ask if they have a prison rights division --this has been litigated.

Depending on charges, you may find it easier to get your family or whoever you call an 800 number so you can call free.

1 Answer | Asked in Consumer Law for Idaho on
Q: Can we sue "AcceptanceNow" in small claims?

My fiancé and I recently purchased a table from Ashley's Furniture under the impression we were "buying" it and making payments to pay it off. Well after 90 days we found out we were going to be charged $1500 for the initial $500 table. We told them that we were NEVER informed that... Read more »

Glenn B. Manishin
Glenn B. Manishin answered on Mar 1, 2017

You can file a small claims action in Idaho for up to $5,000 without an attorney. Based on the facts you allege, your claims would be for breach of contract and misrepresentation/fraud. It would be important to allege that the 90-day price point increase was not set forth in the rental contract and... Read more »

1 Answer | Asked in Consumer Law and Health Care Law for Idaho on
Q: Is it legal for the physician to require me to pay out of pocket?

I have severe sleep apnea. I was prescribed a CPAP machine by a sleep physician earlier this year. My insurance denied coverage due to low usage the first couple of months, though I am getting good usage now. My physician now says I have no choice but to pay for the machine out of pocket. I asked... Read more »

Patrick E. Mahoney
Patrick E. Mahoney answered on Aug 29, 2016

Usually, when you obtain medical treatment, devices, or services, you agree to pay the bill, one way or the other. If you have insurance, the doctor submits to insurance for possible coverage. Pre-authorization is determined if necessary. If you do not have insurance coverage, usually you have... Read more »

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