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Texas Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Criminal Law and Employment Law for Texas on
Q: Is a store employee aloud to put there hands on me if I did nothing wrong as in I didn't steal anything
John Michael Frick
John Michael Frick
answered on Nov 28, 2022

“Putting their hands on you” is a broad term. Generally speaking, it is not illegal to physically touch another person. On the other hand, intentionally assaulting or offensively touching someone (eg punching, slapping, kicking, clawing, forcefully shoving, etc) might be a crime depending... Read more »

1 Answer | Asked in Consumer Law for Texas on
Q: Bought new car decided against extended warranty soon filled cancel form been 45 days dealership not responding refund
John Michael Frick
John Michael Frick
answered on Nov 16, 2022

Extended car warranties are offered from the manufacturer or from third party warranty companies. While dealerships offer these products to their customers, the warranty itself is almost always with another company. When such warranties can be cancelled is governed by the written terms of the... Read more »

1 Answer | Asked in Consumer Law and Traffic Tickets for Texas on
Q: Can a private parking lot in Dallas Tx threaten to boot or tow your car? I

I tried to pay the $3 fee per their instructions at the lot by texting. They never responded to 2 texts and I still have the texts to prove that.They sent a letter saying I owe $82 now and they will boot or tow my car if I do not pay that. Can they do that? It seems illegal since it is not a city... Read more »

Grant St Julian III
Grant St Julian III
answered on Nov 15, 2022

Short answer, yes, your car can be towed even if it is in a private parking lot. Hypothetical: if someone parked their car in the private driveway of your home and left it there, do you feel you could have the car towed?

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for Texas on
Q: Can I file suit on a dealership that sold me a lemon car and that knowingly was being deceitful about car repairs
John Michael Frick
John Michael Frick
answered on Nov 11, 2022

Yes, if you purchased a new automobile from a dealership, you may be able to file a "Lemon Law" complaint. The complaint procedure is overseen by the Texas Department of Motor Vehicles.

The requirements and procedure are described in layman's terms on its website at...
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1 Answer | Asked in Consumer Law, Foreclosure and Real Estate Law for Texas on
Q: I am being discriminated against by the mortgage company that services my loan. That’s the only way I can think of discr

Can I file a suit pro se?

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Nov 1, 2022

Can you provide some more details?

1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: A friend of mine took his car down got a title loan. He lapsed on his bill and they took the car and auctioned.

A friend of mine took his car down got a title loan. He lapsed on his bill and they took the car and auctioned. He is not upset but they sold the car for 6k more than the debt. He brought me the letter and we called. They said it can take 6 months to a year to get the funds. Is there a time frame... Read more »

John Michael Frick
John Michael Frick
answered on Oct 25, 2022

Ordinarily, title loan companies do not pay any excess proceeds to the defaulting borrower.

Your friend should check the written terms of his title loan to see if it states how long. Generally, if a contract doesn’t state a specific time for performance, a reasonable period of time is inferred.

1 Answer | Asked in Banking, Consumer Law and Contracts for Texas on
Q: I have a consumer loan with the APR of 17.92% and 56 mth term. Amount financed $18304.54 payment $479.00 mth. Can they

Truth lending page says I will pay $9077 for this loan. They also charge $6.70 per day on top of this APR cost which was not disclosed. They are taking 3 times the disclosed interest. They have my car title yet won't work with me on any level. The deceptive practice of hiding the daily... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Oct 24, 2022

I would have to read through the details, but there is more scrutiny on lenders that offer loans with interest rates above 10%. In situations like this, I look for areas where the lender failed to follow the law.

1 Answer | Asked in Criminal Law, Personal Injury, Consumer Law and Elder Law for Texas on
Q: DTPA, MECHANIC’S LIEN, PERSONAL INJURY, ..? --INTENT TO COMMIT FRAUD, TAMPERING W/GOVT RECORDS, EXPLOITATION

Dropped vehicle w/repair facility 18 mos ago. Signed Invoice #1. Received 4 unauthorized invoices since. 5th invoice sent to the Tax Assessor-Collector w/INTENT TO LIEN petition. It contains my signature, forged. Advised to file suit in JP Court and did so. The Tax Assessor-Collector’s office... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Oct 24, 2022

I had a case that I recently worked on that involved a similar situation. I think you should hire an attorney to represent you. Work with the attorney you choose to develop a legal strategy and execute the strategy effectively.

1 Answer | Asked in Consumer Law and Animal / Dog Law for Texas on
Q: My ex came over to get his mail and took off with our dog that I’ve kept since the breakup without my permission. HELP

He just came by to get his mail and I gave him the mailbox key to go check while I was in the bathroom and when I came out he was gone saying bye xxxxx the dogs mine

Jaime Victor Papa
Jaime Victor Papa
answered on Oct 24, 2022

I have worked on cases like this in the past. I recommend you work with an attorney to generate a legal plan.

2 Answers | Asked in Consumer Law and Lemon Law for Texas on
Q: Bougth a used car from a privite seller. He lied about what was wrong with it and have prof. Anything I can do?

I purchased a used vehicle from a private seller. The check engine lights were on when buying the car, and he informed me it was the car struts. He told me if I replaced them, that would fix the problem. He also said there was a warranty on the vehicle. So I bought the car and replaced the struts.... Read more »

John Michael Frick
John Michael Frick
answered on Oct 14, 2022

Most used cars are sold as-is. When you purchase a car “as-is” that means you are not relying on anything the Seller may have told you about the condition of the car.

But if this one wasn’t sold as-is, you likely can sue the Seller for fraud to recover the cost of repair as well as...
Read more »

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1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Landlord - Tenant for Texas on
Q: Can I break my lease without penalty if there was theft in my unit in texas?

maintaince was scheduled to do repairs in my unit between thursday and friday , upon returning my unit some things were missing in my unit , I made a police report and stated to the property manager that I no longer felt safe and violated and I wanted to rescind my contract, the only option I was... Read more »

John Michael Frick
John Michael Frick
answered on Sep 28, 2022

No, unless your written lease agreement specifically provides that this is a reason you may terminate your lease early. That would be an extraordinarily uncommon provision.

This is why you never allow other people to enter your unit when you are not home. You should always remain...
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1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Civil Litigation for Texas on
Q: Is 8 yrs a bit much for a civil suit to carry on with a pharmaceutical company & little communication with the lawyer?

I am not even aware if he put me on my own suit or lumped me into a class action. Only communication ever is me emailing a inquiry once a year to them and usually the same reply. Waiting for negotiation. How many years does this take and shouldn't I hear about this from the attorney? Be... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 16, 2022

A Texas attorney could advise best, but your question remains open for a week. These cases could take longer than other types of injury cases, such as less complex car accident cases. An individual case could become one of hundreds in ongoing multidistrict litigation. Cases could be reassigned from... Read more »

1 Answer | Asked in Consumer Law and Copyright for Texas on
Q: how do you sum up the case of Zippo Mfg. Co. v. Zippo Dot Com, Inc.,
Steve Charles Vondran
PREMIUM
Steve Charles Vondran
answered on Sep 7, 2022

To my best understanding of the case, Zippo Manufacturing Company sued Zippo Dot Com, Inc. for copyright infringement. Zippo manufacturers lighters, and Zippo Dot Com operated a website that sold a variety of lighter-related products, including cases, flints, and wicks. In its complaint, Zippo... Read more »

2 Answers | Asked in Consumer Law, Construction Law and Contracts for Texas on
Q: Can a contractor alter the terms of a contract for a septic system because the equipment he has won't work?

The contractor already accepted the money from the manufactured home company where we got the loan through to do the work on the septic system. Now he says because his mini excavator cannot penetrate The Rock underneath the dirt that we're going to have to spend an extra $2000 to put in an... Read more »

John Michael Frick
John Michael Frick
answered on Sep 7, 2022

That depends on the wording of your contract with the contractor and what it says about subsurface soil conditions and the allocation of risks. You should take your written contract to an experienced construction law attorney for a consultation. If the contract is not overly long, you should be... Read more »

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2 Answers | Asked in Consumer Law for Texas on
Q: Company advertises a certain fabric makeup, but sends a product with a different fabric makeup. Is this legal?

MeUndies claims their underwear contains "92% MicroModal® 8% elastane", but the label printed on the fabric claims "78% Polyamide and 22% Elastane". Support claims it was a misprint.

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

No. Upon receipt of the product, the buyer has the option to reject the underwear as "non-conforming" because it does not conform to what the seller represented, and the seller should refund the purchase price. The buyer should do so as soon as possible after receiving the product.... Read more »

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1 Answer | Asked in Consumer Law and Civil Litigation for Texas on
Q: I haven't recieved a title or plates for a motorcycle I bought from a dealership and it has been almost 6 months

I bought a bike 6 months ago from a dealership and paid cash for it. I have been hassling the dealership about my title and plates, weekly for the past 6 months and keep getting the run around. I filed a complaint with the dmv and they completed an investigation and suggested I contact an attorney.... Read more »

Arturo C. Aguilar
PREMIUM
Arturo C. Aguilar PRO label
answered on Aug 20, 2022

You can sue them and maybe get your attorney's fees granted via the Texas deceptive trade practices act and breach of contract. This one is pretty straight forward. Let me know if I can help you, this one seems to be pretty egregious.

713-992-1104.

The information contained in...
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1 Answer | Asked in Consumer Law, Real Estate Law, Landlord - Tenant and Small Claims for Texas on
Q: Is there fraud in submitting an Affidavit of Inability to Pay for a company based on the income of a person not in suit?

I live in a complex that is owned by an LLC. The registered agent for the LLC is also the on-site property manager. When filing evictions instead of paying the filing fees she submits an Affidavit of Inability to Pay. She is not included as a plaintiff in the suit. Only the LLC is listed as... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jul 17, 2022

You have raised a serious question. I woould like to see the Affidavit filed requesting a waiver of the filing fee. If the LLC is owned by the person filing for the fee waiver, it might be allowed. But if the LLC is not a little mom & pop business, and they have many units, it might be fraud.... Read more »

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Civil Litigation for Texas on
Q: I have a friend who needs legal representation for a insurance claim matter
Tim Akpinar
Tim Akpinar
answered on Jun 30, 2022

A Texas attorney could advise best, but your post remains open for two weeks. Attorneys here can't reach out to solicit your friend's matter. The format here is only question and answer, not attorney referral. But the closest thing here is the Find-a-Lawyer tab above. Your friend could... Read more »

1 Answer | Asked in Consumer Law, Social Security, Civil Rights and Constitutional Law for Texas on
Q: I have a statement showing I have/had the 40 required amount of work credits needed to be eligible for SSDI

I made $20,000+yr for years until my health decline making my income drop significantly. I applied for benefits and I have been given misinformation, denied continuously,lied to, told my condition is not as severe as I think I is, have errors in case file, and more but yet has conditions and... Read more »

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Jun 26, 2022

You haven’t provided enough information for anyone to tell you if you have a good case or not. You also aren’t clear about whether you are wanting to obtain disability benefits or sue the SSA for discrimination. If you have already provided detailed information to several lawyers and they have... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Consumer Law for Texas on
Q: The Court at Law in FB county has granted Defendant a Summary Judgment How and where do I file an appeal or Motion?

I (Plaintiff) filed a Fraud, Misrepresentation and DTPA case in FB Court at Law against Momentum Jaguar Volvo Porsche in Houston almost 18 months ago and requested a Jury Trial. The court neither scheduled a Jury Trial not Amended the case. Defendant provided some fake documents and made several... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 5, 2022

You need to retain a lawyer, Appeals are complicated,

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