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Texas Consumer Law Questions & Answers
1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Small Claims for Texas on
Q: Not sure what to do. getting sued by LVNV FUNDING LLC. For the amount of $1456.73 for credit card debt.

Hello im getting sued by LVNV FUNDING LLC. For the amount of $1456.73 for credit card debt. I was wondering if i could settle the debt before going to court and if so how to go abour that. Ive never been sued so i have no idea what to even do or who to contact. My citation papers were served on... Read more »

Leslie Ann Werner
Leslie Ann Werner
answered on Jan 8, 2022

It's extremely important for you to file an answer in a case like this, so they do not get a default judgment against you. For this amount of money, it's probably not cost-effective to hire an attorney, but if it was for a larger amount, definitely seek counsel.

And to...
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1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: Predatory lender gave false, misleading information in contract and will not provide proper receipts of payment

I was targeted by an aggressive door to door salesman, I was coerced and pressured into signing a contract for a Kirby vacuum and promised monthly payments of $105.49, $2,800 payoff before 36 months and $3,797.64 if I’m still paying after 36 months, 21% interest rate. I was turned over to a... Read more »

Teri A. Walter
Teri A. Walter
answered on Nov 30, 2021

First, I recommend that everyone Always keep their own records of payments made, either by making the payments in a way that generates a record (like a check) or by keeping a copy of the payments made. That way you are never in the position of having to look for a receipt.

As to whether...
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1 Answer | Asked in Consumer Law and Identity Theft for Texas on
Q: Why would a company deny a consumer access to records that involve identity theft?

If your identity was used to file a liability claim and theres an account for compensation in your name, how do you get the claim file for law enforcement when the company is refusing to cooperate?

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Nov 22, 2021

You shouldn't have to get the claim file yourself. In fact, you probably should not get it yourself. What you do is report the theft of your identity to your local law enforcement agency, giving them all the facts which you are aware of. It is law enforcement's job to follow up on your... Read more »

1 Answer | Asked in Criminal Law and Consumer Law for Texas on
Q: When I was served a search warrant, they took money and drugs and I just got a check from the city for the money. Why?

The DA said that the money wasn’t received in time and gave it back. They confiscated and charged me for 4-200gm penalty group 1 and 4-200gm penalty group 2. I didn’t not ask for the money back but the police came and gave me this check. I’m suspicious that they would just give money back... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Nov 21, 2021

I think you should re-submit your question and add some facts. You need to specify how much money was returned. It's not unusual for seized money to be returned to the person from whom it was taken, especially if the amount is relatively small. The larger the amount seized, the less likely the... Read more »

1 Answer | Asked in Business Law, Legal Malpractice and Consumer Law for Texas on
Q: In El Paso, Texas businesses are charging 3% surcharges for using card regardless of how much you spend. Is this legal?

They dont care what card you use, they only go cheaper if it’s cash. Where do I go to dispute these charges. It’s not fair to the consumer that they pass their charges onto me when making payment. I dont want to carry 500-1000 dollars to avoid paying 3%

Joseph B. LaRocco
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Joseph B. LaRocco
answered on Nov 2, 2021

Yes, unfortuantely it is legal in Texas and almost all states. The company does have to post a notice of what they are charging you and the bill should show the charge separately, They can charge up to 3.99%. If you are a very good customer or making a large purchase, ask the store owner or manager... Read more »

1 Answer | Asked in Consumer Law for Texas on
Q: Can my storgage unit landlord lock me out of my unit for alleged damge to another unit?

In August 2021 upon moving in i was backing up and tapped the side of a storage unit. I did report the incident to the office and the maintenace man confirmed that this has been damaged previously. Yesterday I was emailed an invoice for $2,600 for the replacment of the roll up door. No other... Read more »

Teri A. Walter
Teri A. Walter
answered on Oct 21, 2021

I suggest you talk to them and try to work it out. But yes, damage to any part of the property would be grounds for locking you out.

1 Answer | Asked in Consumer Law and Small Claims for Texas on
Q: Do I send newLetter w another 30 dayDeadline to total 60day altogether orSend newLetter w 60day deadline to total 90day?

A business violated theDeceptiveTradePracticesAct & false advertised. They advertisedProduct forCertainPrice & I went to store location the special advertised price wasLocated theyRefused toHonor theAdvertisedPrice. I was given runAround & excusesSo I contacted corporate about it and... Read more »

Leroy Scott
Leroy Scott
answered on Sep 10, 2021

Two wrong letters won't make it right. Send a new letter giving 60 days, unless doing so will cause the statute of limitation to run, in which case, you do not need to give notice.

1 Answer | Asked in Consumer Law and Small Claims for Texas on
Q: HowDoIFix/proceedAfterGivingIncorrect deadlineOf30day inDemandLetter whichShouldOf stated60day soICanFileLawsuitInCourt?

A business violated theDeceptiveTradePracticesAct & false advertised.  They advertisedProduct forCertainPrice & I went to store location the special advertised price wasLocated theyRefused toHonor theAdvertisedPrice.  I was given runAround & excusesSo I contacted corporate about it... Read more »

Leroy Scott
Leroy Scott
answered on Sep 10, 2021

You can send a new letter, unless doing so would cause you to miss the 2 years statute of limitation, in which case, you can file the lawsuit with giving notice.

1 Answer | Asked in Consumer Law for Texas on
Q: What should I do if a private dealer sold me a car without telling me it had issues.

I recently bought a kia sorento 2012 from a private dealer. They sold it to me as is with no warranty but did not mention that it had 4 bad tires that were 10 years old and that the oil pan was leaking. It also had 3 recalls on it that they never mentioned. I have had it for literally 10 days and... Read more »

Leroy Scott
Leroy Scott
answered on Aug 24, 2021

Next time you purchase a vehicle, get a prepurchase inspection so you have an idea of what issues the car has BEFORE you buy it.

For the car you bought, if the tires are bad, you just need to get new tires. If there are open recalls, just bring the vehicle to the dealer so they can address...
Read more »

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Civil Litigation for Texas on
Q: Collateral on a loan was never returned when the loan was never provided. Indirect threats were made following this

Is this a criminal and/or civil matter? The collateral in question was the key to my storage unit which contained $30k-$40k worth of personal property. When no loan was ever produced I asked for key to be returned the day that the offer of a loan was proposed. They refused. I found out 2 weeks... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Aug 17, 2021

Dear Denton:

Sounds terrible.

I will assume all you tell me in the question is true. If the person who is now in possession of your property, got it through false information or "trickery" that would be a crime in Texas. I hope you have proof of your inventory. If not it...
Read more »

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2 Answers | Asked in Consumer Law for Texas on
Q: Violated the Texas Penal Code 33.021, but the minor doesn't want to press charges, can the state still press charges?
Teri A. Walter
Teri A. Walter
answered on Aug 16, 2021

The short answer is yes. The decision to press charges belongs to the state, not the victims or witnesses. However, if the victims or witnesses don't cooperate, it may be difficult for the state to prove the charges.

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1 Answer | Asked in Consumer Law for Texas on
Q: Is it legal to take a picture of a rude agent at an airport checkin counter ?

My wife and I were trying to check in at a Priority Check in counter of the Airport of Dallas Fort Worth, and when we tried to explain to the agent that we were in a rush, she got mad at us, insulted us and threw our documents off the counter, refusing to provide us service and sending us back to... Read more »

Teri A. Walter
Teri A. Walter
answered on Aug 13, 2021

There's nothing illegal about taking photos of people while they're doing their jobs in public.

1 Answer | Asked in Consumer Law, Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: Midland county. Arrest 06-19. Misdmeanor. Dismissed and Bond returned 09-20. ARRESTED on same case 08-21. false arrest?

Cause number cr172821. I told them to recheck warrant and I had paperwork from dismissal. Told them the jail refunded my bond in full so I know it was dismissed before arraaigned. Rude and hateful refused to acknowledge I was even present other than to laugh and tighten cuffs and take me to jail.... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Aug 11, 2021

Consult an attorney who files lawsuits in federal court against law enforcement for civil rights violations under "Section 1983." It is doubtful you will find such an attorney in Midland... you're probably talking about an attorney from a city with millions of residents. The good... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Banking and Identity Theft for Texas on
Q: My bank fraudulently approved another who stole $65,700 from my savings. They won’t return. Much more
Kiele Linroth Pace
Kiele Linroth Pace
answered on Aug 6, 2021

Contact law enforcement if you believe a crime was committed. Contact a civil attorney if you want to file suit for return of the money.

1 Answer | Asked in Consumer Law and Products Liability for Texas on
Q: I had solar panels added to my home and new pergola. There are issues and the company isn’t responding

The pitch is supposed to be at least 5 degrees and mine is 2.5 degrees which means water is sitting on top of the panels.

Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2021

Call up the headquarters of the company. Ask to talk to the manager of operations. Tell them no one has gotten back to you.

1 Answer | Asked in Consumer Law and Personal Injury for Texas on
Q: I’ve been using this shampoo for years and have a very irritated scalp and now this lawsuit came about. Need help

I have been using J and J shampoo and conditioner for 6 years. I started when I went to college and assumed that my constant itching of my scalp was due to being stressed at college and in my career. My girlfriend showed me that they found formaldehyde in the shampoo and it all makes so much sense.... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 26, 2021

A Texas attorney could advise best, but your post remains open for two weeks. I'm sorry for your ordeal. You indicate that you wish to speak with someone. You could reach out to law firms that handle product-based injuries. There's a tab above (Find-a-Lawyer). You could search using that... Read more »

4 Answers | Asked in Civil Litigation, Consumer Law, Criminal Law and Intellectual Property for Texas on
Q: Can I use the term "law" in my email address title without being a lawyer? Example: Jason.Smith.Law@yahoo.com.

I am a law student and have an email address with the term "law" in it. I am not a lawyer, however, and have never stated that I am. Is it legal for me to continue to use this email address without being a lawyer? Don't I have speech protections so long as I am not actively trying to... Read more »

Omar Darwich
Omar Darwich
answered on Jul 15, 2021

best and easiest way to get a proper answer is to just contact your local state bar's ethics hotline

good luck

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1 Answer | Asked in Consumer Law and Personal Injury for Texas on
Q: Is there a class action suit against J&J’s hair products been using them and my hair keeps falling out
Randy Sorrels
PREMIUM
Randy Sorrels
answered on Jul 8, 2021

There are commonly class actions on products that cause injury. If you can identify the specific product, then a search can be done. You might also do a Google search on the product itself.

1 Answer | Asked in Consumer Law and Civil Rights for Texas on
Q: Can my daughter be excluded from an ALL WELCOME soccer camp?

Mid year, I withdrew my daughter from a private catholic school in Texas. I did so for personal reasons that didn’t involve her behavior or conduct. I enrolled her in public school and she finished the year with straight A’s. Early June I received an email from the schools soccer coach inviting... Read more »

Teri A. Walter
Teri A. Walter
answered on Jul 6, 2021

Private entities, like the school, can invite or disinvite whoever they want, for good reasons or bad.

1 Answer | Asked in Consumer Law, Civil Rights, Gov & Administrative Law and Municipal Law for Texas on
Q: Texas Dps has not fully opened since Texas ended covid restrictions. Need drivers permit before app date can't get it

Was given an appointment for sept 23 and I'm trying to teach my son to drive before he leaves for school in August. I'm unable to sit and wait hours because of my job How is everything else open but public service

Teri A. Walter
Teri A. Walter
answered on Jul 6, 2021

Everything is open except "public service" (aka government jobs) because they make the rules. Welcome to government. You can teach your son to drive without them, but you'll need to deal with DPS to get him a license. The good news is that if he's old enough to drive,... Read more »

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