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Questions Answered by Adam Savett

1 Answer | Asked in Consumer Law for Maryland on

Q: Do I have to return the wrong order I received?

I purchased shoes online and received some that had clearly been used and returned. I am being asked to send them back before anything can be done and that is upsetting me. Do I have to send it back for them to refund my money or help me at all?

Adam Savett answered on Jun 26, 2019

It depends on the terms and conditions of the website that you bought the shoes from.

Generally, they can specify what their return policy is, and most websites force you to agree to the terms and conditions before being able to place an order.

Best of luck.

1 Answer | Asked in Consumer Law for Florida on

Q: Is a 23.99% a violation of usury laws in FL if so what are my options for recourse?

I purchased in2014 and still own it. But have only been able to pay down 3k of the principle since then. My family fell on hard times and it was recently repossessed

Adam Savett answered on Jun 26, 2019

The short answer is that the loan is probably usurious under Florida law, but you should talk to a Florida licensed consumer protection attorney for a full evaluation.

Fla. Stat. § 687.02 defines "Usurious contracts” as:

All contracts for the payment of interest upon any loan,...
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1 Answer | Asked in Consumer Law for Illinois on

Q: What does "claim form deadline no earlier than July 1 2019" actually mean? Do we file before or after date?

There is a class action lawsuit and it says the above but I am not sure if we file a claim before July 1 or after.

Adam Savett answered on Jun 26, 2019

This question appears to relate to a settlement in Rickert, et al. v. Caliber Home Loans, Inc., and American Security Insurance Company.

The claims administrator (the company that will process and evaluate the claims) has a website devoted to the case, here:...
Read more »

1 Answer | Asked in Criminal Law for Texas on

Q: NY state law 369e says if you register a promotion late then it's a class B misdemeanor.. What is that penalty?

What is the maximum fine or sentence?

Adam Savett answered on Apr 10, 2019

Offenders found guilty of Class “B” misdemeanors face maximum penalties of up to three months imprisonment or one year probation. In addition, a fine of up to five hundred dollars or double the amount of the defendant’s gain from the commission of the crime may be imposed.

For first...
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1 Answer | Asked in Business Formation and Business Law for Georgia on

Q: I want to open a wine subscription business based in Georgia.

I will be shipping wine monthly to subscribers. The wine will come from different wineries/cellars. Is that possible?

Adam Savett answered on Apr 10, 2019

The answer is probably, but this is NOT a do-it-yourself endeavor.

You should seek a (preferably) Georgia licensed attorney with a specialization in alcohol sales & registration issues. If they have a background in interstate subscription shipping or direct-to-consumer business, then even...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Business Law and Collections for Florida on

Q: Can a merchant set a minimal payment requirement on a debit card?

I went to a merchant (farm store) in Florida and ordered $3 worth of items. Without him saying anything, he charged me $5.30 and gave me the receipt. When I read it he said “it’s $5.30 cause he said there is a minimal purchase requirement with my card (debit card). He then told me to pick... Read more »

Adam Savett answered on Mar 11, 2019

It's probbaly not illegal for the store to try and set a minimum for debit card purchases, but it most likely violates the rules they agree to with Visa or MasterCard. But, swiping the card for more than the purchase amount and then telling the customer after the fact might very well be considered... Read more »

1 Answer | Asked in Consumer Law and Foreclosure for Maryland on

Q: I don't think my private mortgage lender was licensed in the state of Maryland, how would I find out and what should I o

The private lender has charged me interest only on a mortgage loan. part of the loan was repayed in Sept 2018 and the balance principal was only supposed to be $7k. The lender and lawyer has been going back and forth with the amount that I owe - from 32k to 9k then to 14k and now I am ready to... Read more »

Adam Savett answered on Mar 11, 2019

You can check the registration status of your lender through NMLS (the Nationwide Multistate Licensing System / Nationwide Mortgage Licensing System and Registry). They maintain a consumer oriented website, here:

http://www.nmlsconsumeraccess.org/

Note that not all types of lenders...
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1 Answer | Asked in Consumer Law for Maryland on

Q: Can someone please explain this case number I received on a post card and what my next steps should be?

Case No. STK-CV-UBT-2016-11712

I tried to research it but was unable to get any information.

Thanks!!

Adam Savett answered on Aug 10, 2018

It is a case in California state court involving alleged violations of of a federal law, the Fair and Accurate Credit Transactions Act (FACTA). FACTA was enacted to address the problem of identify theft by putting certain protections into place. Specifically, FACTA prohibits the printing of more... Read more »

1 Answer | Asked in Consumer Law and Animal / Dog Law for Tennessee on

Q: What can I do? I don't have much money! I have all email/text correspondence with Sky Cargo Ways.

I purchased a puppy that was coming from Virgina. The seller was sending the puppy through a company named Sky Cargo Ways. The first time this company required money from me for the puppy's transport was for a ventilated carrier to safely transport the puppy. They wanted $650 for this with the... Read more »

Adam Savett answered on Jul 30, 2018

I’m sorry to say, but it looks like the company is a scam.

A number of websites describe the scam. Here are two examples:

https://scamwarners.com/forum/viewtopic.php?f=36&p=357721

https://petscams.com/pet-delivery-scam/skycargologistics-us/amp/

If you paid by...
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2 Answers | Asked in Consumer Law and Real Estate Law for Ohio on

Q: is it normal to wire transfer downpayment and fees to title company before the closing date?

I am purchasing a house in Findlay, OH.The title company said that they will not be able to accept a check in $10,5000 since the state of Ohio

has what’s called the “Good Funds Law”. This law requires that any funds greater than $10,000 be electronically wired to title company.... Read more »

Adam Savett answered on Jul 11, 2018

The law in Ohio changed in 2017 and now requires that any funds for more than $10,000 for a residential real estate transaction be electronically wired to the title company prior to closing.

This is actually an increase (effective September 29, 2017) from $1,000 to $10,000.

Cash,...
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1 Answer | Asked in Consumer Law for Massachusetts on

Q: This new local business in my area has an aggressive marketing campaign that includes calls and tons of voicemails. I've

asked them to stop but they won't. Can I sue them?

Adam Savett answered on May 30, 2018

The short answer is probably.

There is a federal law, the Telephone Consumer Protection Act, or TCPA, that makes many types of calls illegal.

Largely it depends on the type of call (e.g. robocall vs live), the nature of the number called (e.g. cell vs landline vs business number),...
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1 Answer | Asked in Consumer Law for Nevada on

Q: how do I join this class action suite against AWS and FBA Stores? FTC v. AWS. LLC et al

Adam Savett answered on May 24, 2018

This is not a class action.

On March 12, 2018, the Federal Trade Commission (FTC) filed a lawsuit against a bunch of related entities.

On March 14, the District Court approved a motion for a Temporary Restraining Order and appointed Robb Evans & Associates LLC as Temporary...
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1 Answer | Asked in Consumer Law for Nevada on

Q: I would like to know how to get information and possibly join this class action suit...title "FTC v. AWS. LLC et al"

I paid the $35+K to this firm as well and have inventory basically being held in purgatory at their warehouse. I have emailed the firm that is acting as conservator for this case Robb Evans a couple times with no reply.

Adam Savett answered on May 24, 2018

This is not a class action.

On March 12, 2018, the Federal Trade Commission (FTC) filed a lawsuit against a bunch of related entities.

On March 14, the District Court approved a motion for a Temporary Restraining Order and appointed Robb Evans & Associates LLC as Temporary Receiver...
Read more »

2 Answers | Asked in Consumer Law for New Jersey on

Q: How log does it usually take for a class action lawsuit to be settled.

Adam Savett answered on Oct 3, 2013

There is no easy answer.

Each area of law (e.g. employment, antitrust, unsafe drugs) has a rough timeline for how long cases usually take, but the keyword is usually.

And each case is different.

Many cases are resolved in 2-5 years, but some take less time and many take...
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1 Answer | Asked in Securities Law for California on

Q: I have a stock certificate for Superior Oil in 1980 issued to my Grandmother which I did not inherit. How do I found ou

Adam Savett answered on Apr 15, 2013

In March 1984, Superior Oil was acquired by Mobil Corporation (now part of ExxonMobil). At that time, Superior was the nation's largest independent oil producer. You can contact Exxon Mobil Shareholder Services via their website -... Read more »

1 Answer | Asked in Securities Law for Virginia on

Q: What can I do to get my money back from Private Shares in company I invested. (Not publicly traded)

I bout 440 shares in this company almost 10 years ago now. I have the share certificate. I have called repeatedly and asked for information, financials, and they never answer or return any of my calls. I am tired of getting the run around. I have provided my contact information (phone, address)... Read more »

Adam Savett answered on Apr 15, 2013

You should discuss the situation with a lawyer that specializes in securities law. Many will offer free initial consultations, and they can give a more in depth answer since you will be able to share more details with them than this process allows.

The answer should be in documents you...
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1 Answer | Asked in Securities Law for Nebraska on

Q: What is court solution to corporate defrauding of stockholders

Adam Savett answered on Apr 15, 2013

It depends on what the company did, and to some extent whether they are a publicly traded company.

You should contact an attorney that specialized in securities law matters and discuss what you believe the basis of your claim is.

You may have civil remedies available to you, or in...
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1 Answer | Asked in Securities Law for New Jersey on

Q: On 3/21/13 I filled out an app. for a brokerage account a PNC. They withdrew 200,000 from checking to acct. Can I cancel

Adam Savett answered on Apr 15, 2013

The answer depends on what they withdrew the money for, and what agreements you may have signed with PNC.

If it was just to fund your account, then it should be very easy to reverse the transaction.

If, on the other hand, it was to buy securities, and those securities have already...
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