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Questions Answered by Scott Richard Kaufman
3 Answers | Asked in Consumer Law for California on
Q: Hello, I’ve recently been sued by a debt collector and they didn’t want to settle for the amount I offered.

I can’t afford to do payment plans since I’m currently unemployed and husbands job slowed down. Please advice me on what’s the best route to take . I can’t afford a lawyer nor do I know how to go about this . Thank you in advance .

Scott Richard Kaufman
Scott Richard Kaufman answered on Sep 22, 2020

Lawyers who specialize in this area of law are not too hard to find and you may be surprised, in that, even if you actually owe the debt, sometimes there are legal ways out. Look up folks who handle FDCPA and FCRA cases for more help.

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2 Answers | Asked in Civil Litigation and Lemon Law for California on
Q: In bakersfield Ca can a car dealership sale me a car i paid cash for 7000.00 and not have it smogged within the 90 days.
Scott Richard Kaufman
Scott Richard Kaufman answered on Sep 20, 2020

The general rule is PRIOR to the sale the seller must smog and this "duty" to smog may not be transferred to the buyer or anyone else, it non-delegable, even for a million dollars, BUT, there is a little known, even by dealers, exception, FOR dealers, bringing that up to TWO Years time.... Read more »

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3 Answers | Asked in Consumer Law and Tax Law for California on
Q: Can I get around the California car use tax by gifting the car to a relative and having them gift it back to me after?

I bought a used car back in May, when I lived in a different state. I moved to California now and noticed they charge a use tax (the difference in sales tax paid at my original state and the CA sales tax) if I bought the car within the past year of moving to California. Is it possible to circumvent... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Aug 31, 2020

I'm not going to be quite as harsh although the prior two responses seem quite correct.

Are you not concerned that by gifting this thing to your relative that you would be putting them

in danger of having to pay your taxes?

If it's a tax question, you really...
Read more »

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2 Answers | Asked in Consumer Law for California on
Q: I rent a motel room i park my truck then after 2 hours the owner of the motel tell me the i can't park my truck because

it was old i park in the street then they stolen can I sui her

Scott Richard Kaufman
Scott Richard Kaufman answered on Aug 14, 2020

Yes. Make a claim on your insurance policy.

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2 Answers | Asked in Consumer Law and Internet Law for California on
Q: What are my rights if I ordered an item from an online retailer and received a more expensive item instead?

They discovered their error, asked for it back, and are now invoicing me for the difference.

It appears to fall under the "unordered merchandise" clause on the FTC website but want to clarify as technically I did order a different item and was sent something more expensive in... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Aug 5, 2020

One need not be an attorney to know the answer to this.

You ordered an item and you are entitled to that order and they are entitled to payment.

They sent you the wrong order. you either pay for it and keep it or you send it back and get a refund.

You are not entitled to...
Read more »

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1 Answer | Asked in Identity Theft and Consumer Law for California on
Q: My four-year-old student loan was just added to my credit report. It ruined my mortgage is this legal

I got a business school loan refinanced by local bank. At the time it seem like their policy was not to report the debt to credit bureaus. Four years later with a perfect payment history they decided to report it. It didn’t hurt my credit score but it did hurt my debt to income ratio and now... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Aug 2, 2020

You have a right to accuracy. If it's inaccurate you have a claim.

3 Answers | Asked in Civil Rights, Constitutional Law and Consumer Law for California on
Q: Can I sue a grocery store for harassment and discrimination for not wearing a mask?

I, and a friend, were harassed and discriminated against by two employees for not wearing a mask while shopping at a local grocery store. I can't afford to hire an attorney, so I'll have to go pro per. Are there any cases for a similar lawsuit? Thanks.

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 30, 2020

Here is a quick analysis of your post:

1- You and a Friend went on to private property;

2- You and your Friend knowingly broke their rules for being on their property;

3- You and your Friend knowingly put other peoples' lives in danger;

4- You and your Friend...
Read more »

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2 Answers | Asked in Consumer Law, Business Law and Gov & Administrative Law for California on
Q: Under CA laws can a used car dealer list price on Cars..com or Cargurus yet write a tiny disclaimer Add Ons Mandatory?

For cash purchase, I've found several dealers say I MUST purchase car with $1999-$3000 extra option. Is this legal?

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 29, 2020

No. Not lawful. Report this to the dmv...

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2 Answers | Asked in Consumer Law for California on
Q: Is there a way for me to get my money back?

I resell bikes and I happened to buy a stolen bike and tried to sell it. This is my second time of trying to sell a stolen bike. The first time I sold the bike to someone but they traced the bike back to me. The second time the bike was taken from me and I was wondering if I can get my money back.... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 28, 2020

The police obviously have a record O stolen bikes. Before purchasing you should check with the police to see if the bike is stolen?

Make sure to get the contact information from the seller with the driver's license. Then in trace the stolen bike...

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1 Answer | Asked in Consumer Law for California on
Q: if I havent paid my rent for 3 months and I still havent been able to pay will that be marked on my credit?

Hi I’ am a resident in San Ramon California leasing an apartment. Me and my roommates were hit really hard by the pandemic. We have been laid off by our jobs and we havent been able to pay the partial amount of are rent for 3 months and my question was will this go on my credit if I was not able... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 27, 2020

IF whoever you pay rent to is a "credit reporter" then yes.

IF you end up getting evicted in a court of law, then yes.

IF you can work it out with your LL, then no.

Good luck with it.

1 Answer | Asked in Consumer Law for California on
Q: Debt consolidation company took my money then didn't pay my debts or fulfill contract can I sue to get my $ back?

The Debt Consolidation company took their fees, ignored one creditors that filed a lien against me, the other sent me to collections, the third they stopped paying altogether, this company made me pay more than the original agreement because they said I violated my agreement. My credit was... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 15, 2020

Sorry for your issues. I like Attorney Mike Cardoza for these types of matters.

Please tell Mike I said "hello." Good luck with it.

2 Answers | Asked in Consumer Law, Contracts, Products Liability and Legal Malpractice for California on
Q: Can I sue the place I bought my car from for falsifying the amount I paid for my down-payment?

I recently purchased a vehicle from a Chevrolet dealership in San Diego, CA. I had horrible credit at the time and was only able to be approved with a large down-payment, which I was able to make happen. The amount on the paperwork does not even closely reflect the $12,000 I put down. What can be... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 10, 2020

If you can prove that you put down $12,000.00 just let them know and seek an adjustment to the documents. If they refuse to adjust, that's a problem for them. Good luck with it!

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2 Answers | Asked in Consumer Law and Medical Malpractice for California on
Q: What does this mean in a settlement

The Consumer Settlement reached between California and Teva, which provides for monetary compensation to California’s Eligible Consumers in the amount of $25,2500,000 and injunctive relief through February 21, 2029, in exchange for, inter alia, the release and dismissal with prejudice of all... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 2, 2020

It means:

The math must be wrong, as no such number exists: $25,2500,000

AND it means IF you are a proposed member of the class, you MUST

reach out to the class counsel asap for direction...

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1 Answer | Asked in Products Liability, Civil Litigation, Health Care Law and Wrongful Death for California on
Q: How do I sign up class action in Case No. 2:19-cv-07471 against Whole Foods(Starkey water)I've developed liver fibrosis.

I have been drinking Starkey water from Whole Foods for many years until I found out just last Friday on 06/19/2020 that it is very high in arsenic levels. I have developed liver illness (advanced fibrosis). I live in San Francisco of California.

Scott Richard Kaufman
Scott Richard Kaufman answered on Jun 26, 2020

I'm sorry for your issues. You do NOT want to normally be part of a class action as the remedies offered are rarely as good as the remedies you can get on your own. Your more important question since you are automatically part of the class if you fit the class description, is "How do I... Read more »

1 Answer | Asked in Consumer Law and Small Claims for California on
Q: hi i am having a problem with a auto auction, we had an accidental bid and the auction doesn't want to wave it

we had an accidental online bid and won a vehicle. we informed right away that it was an accident, but the auction is not willing to wave and only giving us an option to pay $400 or pick up the vehicle, the fee amount is not stated in the policy and was informed by the last person we talked to that... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jun 23, 2020

Sorry for your issues. No way to KNOW what all of your rights are without reading the document you speak of. Lawyers typically get $250.00 an hour and up so hiring one makes little sense here. IF it is true that there is no provision for the $400 you speak of, I guess they can sue you and you can... Read more »

3 Answers | Asked in Consumer Law for California on
Q: If a doctor posted a video of a procedure done to me without my consent, what legal action should I pursue?

I signed a video release authorization that permitted my procedure to be filmed for internal use, but I specifically signed the portion that says: "I DO NOT authorize the use of these photos, films or videos for social media advertising purposes."

The doctor posted a video of my... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jun 18, 2020

If they have used your image without your consent they may have done this to others as well. If it was me and I was unhappy about it, I'd do both, ask for them to take it down and seek monetary compensation.

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2 Answers | Asked in Consumer Law for California on
Q: If company makes sales using false advertising and using the system is this consider scam?

Company is using ebay loop hole to scam customers and making false advertising claiming life them warranty to make sales and ignoring warranty claim inquiry if certain time pass.

Scott Richard Kaufman
Scott Richard Kaufman answered on Jun 12, 2020

That is a breach of warranty and typically quite actionable.

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3 Answers | Asked in Consumer Law, Banking, Business Law and Civil Rights for California on
Q: I purchased my prom dress in full cash, but they said no refunds however it’s been two months since I was supposed to ge

I paid in full cash in March and it was supposed to be picked up my mid March but then everything closed, they now want me to pick it up but prom is over and I was supposed to receive it months ago. How do I get my refund.

Scott Richard Kaufman
Scott Richard Kaufman answered on Jun 12, 2020

Hard to say here? Sorry for your issues. IF they did not allow you to pick it up that is one thing. If you chose not to do so, that's another. Some folks keep these dresses for a lifetime, others sell them as used once or in your case, if you went that route, as 'never' used.... Read more »

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2 Answers | Asked in Consumer Law and Lemon Law for California on
Q: I recently posted a question on here about how my car was paid off but got repossessed. the dealership said I had a loan

well I checked all three credit reports and screen recorded my credit reports online and sent it to the dealership to prove they are at fault and no loan was even talked about. what kind of demand letter can I send? is there any lawyers who will draft and send one for u at a cost of some of the... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jun 11, 2020

Sorry for your issues. Assuming all facts you state to be correct, you can go with an Auto Fraud claim (attorney) or you can go with an Unfair Debt Collection claim (Attorney) or someone who handles both. Anyone who practices consumer law should be able to handle OR refer to the proper firm.

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1 Answer | Asked in Consumer Law for California on
Q: Is the manufacturer responsible for fixing 3-year-old doors if there is no Certificate of Occupancy yet, Warranty Issue?

I buy windows and doors from the manufacturers and sell to contractors. A contractor called me about some door problems from a job I did for him 3 years ago (new construction/small apt. building) and wants the manufacturer to go to the job and fix them. He says the job has been on hold and dormant,... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jun 8, 2020

The only way to know about whether a warranty covers is to READ the warranty! IF it's say, 10 years and you are only in year three, you're good to go assuming it IS a warranty issue? The thing to do is to make sure you KNOW it is a warranty issue AND to make sure you KNOW what the... Read more »

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