Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Scott Richard Kaufman
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!

View More Answers

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...

View More Answers

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.

View More Answers

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.

View More Answers

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 »

View More Answers

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.

View More Answers

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 »

3 Answers | Asked in Consumer Law and Lemon Law for California on
Q: Seller did not fully disclose mileage despite claiming original miles.

I recently purchased a vehicle which was listed as "125k original miles."

I found a service document listing this vehicle at 161,422 miles on 7/20/17. The VIN and license number match. However, the gauge cluster reads 125k miles. Because of the increase in miles, there is a... Read more »

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

Seller has committed (LIKELY) a crime, as rolling back an odometer is a federal crime.

If for instance, the prior repair order is in seller's name, you have proof he KNEW of the rollback.

You cannot THREATEN to report the seller, you can only report him/her or not report....
Read more »

View More Answers

2 Answers | Asked in Consumer Law and Lemon Law for California on
Q: If I purchased a vehicle and the seller lied about the mileage on the car how do I go about this process if I have proof

I have service records indicating that the mileage on the car is more than what is listed on the odometer from 3 years ago. It was listed at 161,422 from a Jiffy Lube on 7/20/17. Upon purchase, the mileage is at 125,644.

Scott Richard Kaufman
Scott Richard Kaufman answered on Jun 6, 2020

To commit odometer fraud is a CRIMINAL offense, a Federal Crime. IF it's done by an individual AND you can prove intent, ie, they knew it, that person can be charged criminally. It would be HARD to get law enforcement generally to take it seriously though. Maybe DMV would take it seriously?... Read more »

View More Answers

1 Answer | Asked in Banking and Consumer Law for California on
Q: Dealing with a debt settlement company. Switched companies mid payments. Now full debt is back in creditors hands.

Made a settlement agreement and made first payment. A week later went to make a final payoff but was told it was moved to another debt collector. The new debt collector said they would look into the agreement and now a month later the original creditor took back the debt and said they will not make... Read more »

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

Sorry for your issues. You either HAVE an agreement or you do not have one.

This sounds like statutory unfair debt collection.

I like Attorney Mike Cardoza for these types of cases.

Please tell Mike I said "hello."

3 Answers | Asked in Car Accidents and Consumer Law for California on
Q: What can I do if I find out my New/Used car was in several car accidents not listed on the CarFax?

I bought a New/used car from a Honda Dealership in the Bay Area of California in Feb 2020. It's a 2016 Honda Civic touring. The price came out to $21,000. I noticed something a little off about the paint job after few weeks after purchase but thought it was the effects of the paint. Getting my... Read more »

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

Sorry for your issues. Start by opening up a "DMV Investigations" inquiry into what happened. They will put pressure on the selling dealer to get to the bottom of this. Then contact an auto fraud attorney, who should review at no charge or for a low fee and if s/he takes the case should... Read more »

View More Answers

1 Answer | Asked in Consumer Law, Civil Rights and Internet Law for California on
Q: User data

I own a .com cosmetics website where users leave their personal information including age range, skin tone and skin concerns (acne, eczema etc) and they have an option to show or hide this information on their public profile. Giving them an option to hide this information is enough not to violate... Read more »

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

So, for me, IF I were thinking about this I'd do two things:

1- I'd "google it" as that info is "out there" almost assuredly;

2- I'd HIRE an attorney to handle, as it should be no more than an hour or two of work

and if the attorney messed...
Read more »

3 Answers | Asked in Consumer Law for California on
Q: I purchased a kellogg Eggo waffle and wife found a huge bite on unopened sealed packaging. What are the remedies here?

I purchased a kellogg Eggo waffle products and to my surprise my wife found a huge bite on the waffle inside the new packaging this morning May 24. It is sealed packaging and we can see clearly huge bite on one of the waffle.

What do you think the case remedy for this?

I found this... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on May 24, 2020

Depending on how much time you want to invest, you can throw it out, return it, write to battle creek or contact the cdc and FBI. Remedies? Don't get your Hope's up too high.

View More Answers

2 Answers | Asked in Consumer Law and Contracts for California on
Q: I have a vehicle service contract and they are declining a repair. What kind of attorney do I need?

I have a liftetime vehicle service contract for my 2012 Chrysler 300C with 130,780 miles. My shocks are a covered component but they are refusing to cover them stating normal wear and tear on the vehicle. If the suspension is considered normal wear and tear for 130,780 miles I would believe that... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on May 21, 2020

Sounds like a fraud to me. I'd seek out an auto fraud attorney and/or someone who handles lemon law. Good luck to you on it.

View More Answers

2 Answers | Asked in Consumer Law, Contracts, Business Law and Education Law for California on
Q: How should I request a university program in California to return my admit deposit since they have deferred starting?

I was selected in a program that has now deferred their start date due to CoVID. They requested a sizable deposit to secure my position in the program for their initial start date. The program no longer fits my timeline and they have refused to refund the deposit. What can I do in this situation?

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

You have your contract and ALL writings between you evaluated by an attorney to see what, if anything, can be done. Good luck with it!

View More Answers

1 Answer | Asked in Identity Theft and Lemon Law for California on
Q: Can a car dealer in California sell my car without my signature?

My daughter when to a car dealer to buy a new car and she gave the dealer my car that we own together as "AND" on the Title. Can the dealer legally take the car without my signature? Can I legally go to the dealer and ask for my car? I reside in California.

Scott Richard Kaufman
Scott Richard Kaufman answered on May 16, 2020

Legally? Probably not. But, that rarely stops a car dealer! Try the dmv investigations unit, as they police dealers...

1 Answer | Asked in Products Liability for California on
Q: If I receive a package I didn't pay for, do I have to return it? However, the sender meant to send the package to me.

I'm using this app called OfferUp, where people can buy and sell used items by either shipping or meeting in person. I was buying an item through shipping and the seller sent the package to the post office, but at the same time, accidentally cancelled the order, which refunded my money. The... Read more »

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

What you have to do is the "right thing." You do not get to keep the item if you did not pay for the item. Either pay the shipper for it or work out a way to return it, that is the right thing to do.

1 Answer | Asked in Lemon Law for California on
Q: Can I file a lemon law suit for a car that I inherited?

Car only has 38k miles on it, however it is passed the general warranty time frame. Toyota issued an "enhanced warranty" for the torque converter and it is till within the enhanced timeframe. Had torque converter replaced and still has issues, dealer says whole transmission needs... Read more »

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

Like most things legal the answer is "maybe."

Have your proofs reviewed by a lemon law attorney for more direction.

Most will review at no or at a low fee. Sorry for the loss of your mother.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.