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Questions Answered by Scott Richard Kaufman
4 Answers | Asked in Consumer Law for California on
Q: Can the owner of a business (laundry) deny me service because I posted a negative comment on Google maps ?
Scott Richard Kaufman
Scott Richard Kaufman
answered on Jun 6, 2024

I think a hybrid of both answers works here. They can deny you access to the business for NO REASON at all. They CANNOT deny you access for an improper reason like say, the color of your skin. Denying access for a negative review can indeed be seen like a retaliatory response and therefore, it may... View More

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2 Answers | Asked in Consumer Law, Construction Law and Municipal Law for California on
Q: Can a company force payment in full for materials you refuse, even after they had a deposit on the purchase agreement?

Ordered a pergola- which was about $32k, placed a 20% deposit on materials. Hired a contractor through the materials company which advised 60 days later that it would not be able to be installed due to permitting requirements that will not be feasible without a significant investment to restructure... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 21, 2024

The general rule in CA in a number of places/ways is simply, you did not get what you paid for and you are entitled to a full refund. Sounds like they will NOT give it voluntarily. Their position seeking payment in full is not based on any law I've ever heard of. Regardless, their position... View More

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3 Answers | Asked in Civil Litigation and Consumer Law for California on
Q: In CA, can a client of a law firm request a mobile notary to sign to dismiss the contest to a will? Client is ill...home

The law firm was hired on a contingency basis over 18 months ago. The client decide to drop the case 6 weeks ago, but the law firm refused to let her drop the case saying she needed to think about it and wait 30 days before they would accept her decision in writing and thereby dropping the case in... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 21, 2024

There are many twists and turns in the law and rules surrounding it, it seems every rule and every exception to the rule has another rule/exception. THE GENERAL RULE surrounding this instance is that of course the individual can instruct the firm not to go on, and to drop the case. This would NOT... View More

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2 Answers | Asked in Consumer Law for California on
Q: Hello, I made a big mistake by sending a huge balance transfer to the wrong credit card. How can I go about getting

...getting the money back? I've tried dealing directly to the Credit Card company (Credit One) and have encountered nothing but confusion and incompetence. What should I do now?

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 18, 2024

Sorry for your issues.

I'd make the record in writing of the mistake asap.

I'd try once more and if they are unable or unwilling to help,

maybe do a "balance transfer" as most cards offer that option.

You may have to pay a charge for this, but,...
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2 Answers | Asked in Consumer Law for California on
Q: Heloc Credit card false advertisement/fraud?

Hi, I recently got lured into applying for a heloc credit card offered by a company called aven because they advertise their heloc credit card as a zero fees, zero origination, zero dollars tonget heloc/credit card but after getting approved they said all of the credit line has been disbursed (with... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 17, 2024

The ad, and related small print probably says in detail what they can do, probably. BUT, if you did not read it or understand it, and assuming it is LEGIT, which it may not be, I'd say you can cancel within a 'reasonable' time and get a refund. That means like immediately, as in,... View More

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3 Answers | Asked in Consumer Law for California on
Q: I booked a hotel in Hawaii for a week long stay at a very good price, now they called me to say it was a glitch

a glitch in the system and I would need to cancel and rebook the room at the correct price which is $600 more per night, and told me its a Innkeepers act that they have the right to do that? Nothing in their terms and conditions state they have the right to change if a price advertised was booked.... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 15, 2024

Like most things legal, the answer is "maybe."

Assuming this is on Maui, they have obviously gone through a rough time.

The argument would go, either they have limited rooms, so, the price goes up OR

no one is coming around so the price goes down.

That...
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3 Answers | Asked in Consumer Law for California on
Q: For 39 days Chase bank hold my fund because a phone verification do I have a case
Scott Richard Kaufman
Scott Richard Kaufman
answered on May 6, 2024

1- First you look at the full/entire agreement you have with Chase. My GUESS is they have a WIDE range of power, you agreed to give to them, to put a "HOLD" on your funds. This is JUST a guess having never read that agreement;

2- THEN you see if in fact they have violated the...
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2 Answers | Asked in Personal Injury, Business Law and Consumer Law for California on
Q: How to sue a used car dealer out of state?

I purchased a vehicle from Philadelphia to California. All interactions have text or email receipts. The dealer said no check engine lights car drove perfect. Once car delivered check engine lights came on. I had tried to give him the benefit of the doubt and fix the minor issue I was hoping it... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 17, 2024

Sorry for your issues. In this instance, even the advice I always give when buying a car, ie, 'go see it in person' would not likely have helped, as once the CEL is turned off, it usually says off for a few hundred miles. The dealers know this and it's one more thing in their web of... View More

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2 Answers | Asked in Consumer Law for California on
Q: I received a gift certificate as a Christmas gift and it's not being honored

When I went to redeem a $50 gift certificate, I was told that management is no longer taking paper gift certificates. When I showed them the state law that said they had to take them otherwise they were breaking the law, they said we don't care. Then at one point they said they'd give me... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 15, 2024

Sorry for your issues. You will cost them more than the amount of the certificate if you take them to small claims court. The time alone is too much for them and if they have to hire counsel (lawyers can be expensive and a corporation cannot represent itself in court) it will cost them more still.... View More

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2 Answers | Asked in Consumer Law for California on
Q: I ordered an engine package costing me 8k and was told would be a 6 month wait. it has been 9 months.

In June 2023, I purchased an engine package and payed in full, with the initial understanding from the seller that the delivery would be within a 6-month timeframe ruffle. However, it's been 9 months, and I still haven't received my order. Communication with the company has been spotty at... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 3, 2024

THE law on your issue is on this page/link I have provided and it essentially says: IF you have not yet received your items you can cancel. You may have issues with an out of state seller??? You may need a lawyer to 'scare' them straight?... View More

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3 Answers | Asked in Consumer Law for California on
Q: Can i sue kia finance if my car was stolen due to antitheft recalls ?

my kia forte 2021 was stolen october 2023 due to theft, i was never notifed about the anti theft recalls on my vehicle.

i was halfway paid off my car and it was recovered and claimed a total loss. i lost lots of personal belongings and the money invested into my car. i want to know if i can... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 18, 2024

Sorry for your issues:

1- There is almost certainly one or more class actions on this issue, as it has been all over the news and you should have, frankly, known about it, recall or not and it is not the finance company's job to send you such notice;

2- Your insurance company...
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2 Answers | Asked in Consumer Law and Banking for California on
Q: A checkashing place is charging me $1,500 to cash a $21,150 government check in california. Legal? Or not?

I thought that in California the max that a checkashing place could charge you to cash a government check is 3% How do I hold them accountable to get my money back?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 18, 2024

Let's see here. Just as an fyi, you should know, I answer on average here about once a day and I do so to try to do my part in helping the public. I will usually only respond when I have something to offer and here, in a slightly different vein, my 'offer' is not exactly going to... View More

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3 Answers | Asked in Consumer Law and Small Claims for California on
Q: Is charging high interest on personal loans friends is punishable, if so how bad is it ?

My friend was doing making loans to friends and people he knew of , and one on those people now is saying he's no going to pay instead he will press charges on him for " ilegal's" loans with high interest, now my friend is scared that he will go to jail he didn't know... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 10, 2024

It's not clear that ANY law enforcement agency will care about this?

BUT, there is a level of interest one can legally charge in CA and in

most other states, although it varies. Also, to legally loan money,

one usually needs a license, like a banking license???...
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2 Answers | Asked in Civil Litigation, Consumer Law, Contracts and Lemon Law for California on
Q: if i bought a used commercial truck and i had a contract but it was always in the shop could it be considered a lemon

i bought a used semitruck under a contract and its a 2019 truck, I was always having it in the shop because there were always problems with it. could this truck qualify as a lemon? i was using the truck for work.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 20, 2024

Maybe?

The CA LL covers consumers and small businesses IF the small biz falls into a certain category,

as does the vehicle. Here, it's not clear the vehicle would qualify OR that the number of vehicles would?

The FED lemon law makes NO distinction between consumers and...
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3 Answers | Asked in Consumer Law, Civil Litigation and Collections for California on
Q: Just found out I was sued 10 years ago for a debt I don't recognize ! What should I do?
Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 9, 2024

Hard to say for sure.

NOT everyone recalls all of their OLD debts?

Regardless, I will assume they WON the case?

IF it is over 10 years ago, any judgment is unenforceable in CA,

UNLESS they renewed it for another 10 yrs? Maybe that is how

you found out? You...
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2 Answers | Asked in Family Law and Divorce for California on
Q: What should I do if the attorney change the settlement agreement after I signed it?

I made the mistake of using a divorce attorney who is a friend of the family. At least he was supposed to be a friend of the family but he’s done nothing for me except run legal bills. I hired one attorney, and suddenly there are three showing up at court with me All billing. we’re going on... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 9, 2024

I am sorry for your issues.

Something sounds amiss. It may in fact be exactly what you say and it may in fact

be a misunderstanding on someone else's part? Your part even? IF you have

proof of what you signed and you call that to the attention of your attorney and...
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3 Answers | Asked in Employment Law for California on
Q: I previously worked in California, and currently live in Ohio. I was notified 1 year after leaving my position that

I had been overpaid. It has now been 8 years. I had initially set up a payment plan and made some payments however was unable to continue to do so due to unforeseen circumstances. The company recently reached out about continuing to make payments. Is there a statute of limitation on this? Can... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 26, 2024

Depending on multiple factors, multiple things can happen. It is unclear from the jump that you owe them anything, but, since you agreed and you made payments, that's a tough one to defend. WHEN your last payment was can matter re: SOL. Unless you purchased something from them on credit it... View More

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4 Answers | Asked in Medical Malpractice, Products Liability and Personal Injury for California on
Q: I need to find a lawyer to deal with a medical malpractice in the santa cruz ca area. I had a facial fuller put in with

my doctor didn't tell me anything about the filler before he used it and it's over a year and I'm still full of wounds, scars..he used Sculptra which once I reviewed it has many law suites for damage..it's the same company that paid $50 million to Linda Evangelista for the... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 18, 2024

Sorry this happened to you. There are a host of possibilities for counsel including some here who could either take the case or refer it out to the best fit for you. As noted, you may also have some claims you are not even aware of, so talk to one or more attorneys asap, and/or seek... View More

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3 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for California on
Q: Can a month to month California storage facility increase my rent by 34% after only 3 months renting there?

I have been renting at a month to month facility in California (Riverside county) for 3 months now. I just received a 30 day notice my monthly rent will increase by 34%. There is nothing in my contract that goes over how often or by how much they can increase my rent.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 4, 2024

You've asked:

Can a month to month California storage facility increase my rent by 34% after only 3 months

renting there? Each month, in a month to month, is a new agreement. One SHOULD I suppose give NOTICE that they will raise the amount, likely 30 days (just a guess) but...
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2 Answers | Asked in Consumer Law, Lemon Law, Products Liability and Business Law for California on
Q: What are my rights as a consumer of a commercial dump trailer of a local manufacturer? Defective product bought 8/30/23

We bought a dump trailer and it was defective. 10 days after we bought it the pump fell off the trailer becauae it was not properly welded. They fix it and we took it back. Then we load it and the support that holds the hydraulic bent. They supposed to fix it and they will charge us $900 . Now... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 16, 2023

You have a problem, you asked about your rights as a consumer.

Then you said the issue was with a commercial (BIZ) product.

IF you find a way to get over that hump, and they exist, then

the question becomes will a lawsuit be worth the time/expense?

Lawyers with my...
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