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Questions Answered by Adam Savett
1 Answer | Asked in Consumer Law and Products Liability for California on
Q: claim process determines individual awards is the total cash payment in a settlement is divided or what each person gets

total cash payments in a settlement for filed claims ? Individual awards compared to claimants? claim process results in actual distribution of settlement funds to class members ! The claim process determines individual awards! Is the total cash payment in a settlement is it divided or what each... Read more »

Adam Savett
Adam Savett answered on Feb 11, 2020

There are several different ways for class action settlement funds to be divided and distributed among class members.

The distribution method is always outlined in the settlement agreement and must be approved by the Court overseeing the case. Generally, the agreement, as well as a copy of...
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1 Answer | Asked in Consumer Law for North Carolina on
Q: A class action notice went to email spam and I have missed the opt-out date by less than 2 months. Can I still opt-out?
Adam Savett
Adam Savett answered on Jan 27, 2020

Generally no, but you can try. Part of it depends on the type of case, and part of it depends on how far along the case is. Sometimes, you will get a second opportunity to opt-out later on.

If you still want to opt-out, you need to follow the directions in the class action notice....
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1 Answer | Asked in Consumer Law for North Carolina on
Q: Can I file for civil damages against a fastfood restaurant in north Carolina for fraud and deceptive price advertising?

I order a dinner advertised for one price but am charged a higher price each time. I have brought this to the attention of several restaurant managers but they ignore my concerns and willfully continue to charge a higher price than what is advertised.

Adam Savett
Adam Savett answered on Jan 27, 2020

Based on these limited facts, I have a guess as to what is going on.

The advertisement you saw was probably a national ad for the fast food chain, or even a regional ad. At the bottom of the print ad, or at the end of the commercial, words along the lines of "at participating locations...
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1 Answer | Asked in Consumer Law for Louisiana on
Q: In Louisiana, how much can an Auto Repair shop exceed the price estimate? I’ve read it’s 10% in most states.
Adam Savett
Adam Savett answered on Dec 26, 2019

In Louisiana, it depends on whether you asked for (and received) a written estimate.

The Louisiana Motor Vehicle Commission has rules and regulations that note that an original estimate should not exceed the actual cost by 25%.

You can find those rules here:...
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1 Answer | Asked in Consumer Law for Nevada on
Q: Can I buy a lighter in the state of Nevada if I am under 18

I am 16, I just wanna buy a lighter for my candles

Adam Savett
Adam Savett answered on Dec 26, 2019

Generally, yes anyone can purchase a lighter in Nevada.

There is a specific statute on the sale of tobacco products to minors. Lighters are not even mentioned.

The code provision, NRS 202.2493, states:

...it is unlawful for any person to sell, distribute or offer to sell...
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1 Answer | Asked in Consumer Law and Civil Litigation for Illinois on
Q: Are plaintiffs required to notify defendants about the motions they file?

I, the defendant, never received any notice from the plaintiff regarding a motion to dismiss my answer that they filed. They have also more recently filed several motions for discovery, none of which I have had any notice of. I only found out by looking up the case in the online records.

Adam Savett
Adam Savett answered on Dec 26, 2019

Generally yes. You don't say if your case is in Federal court or State court. You also don't say if you are represented by an attorney, but since you are seeking answers online, I presume that you are not represented by one.

If you look at the motions that were filed (that you...
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1 Answer | Asked in Consumer Law and Banking for California on
Q: I am looking for a Lawyer from Bakersfield CA

to chack Nova Port Bank 1430 Truxtun Avenue 5th Floor they pushing me to pay more than 8800 $ for some AAC code to unblock my loan from Donald Shaw Loan Firm and is impossible to deducted it from my loan but I am afraid that it is a scam

Adam Savett
Adam Savett answered on Oct 1, 2019

It is a scam.

Run the other direction, fast.

There is no "Nova Port Bank" or any version incorporated in California. There is no ""Nova Port Bank" registered with the Office of the Comptroller of the Currency or any other federal bank regulator.

The...
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1 Answer | Asked in Consumer Law for Kansas on
Q: There are several nail salons in Wichita Kansas that refuse to honor gift certificates past one year of issuance.

What can be done about that? Who do I talk to ?

Adam Savett
Adam Savett answered on Sep 5, 2019

Kansas has a gift card / gift certificate expiration law (KS Stat § 50-6,108) that states:

Gift certificates or gift cards; regulation of; exceptions; definitions. (a) On and after January 1, 2007, no person, firm, partnership, association or corporation shall sell a gift certificate or...
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5 Answers | Asked in Consumer Law, Criminal Law, Personal Injury and Constitutional Law for California on
Q: I had a check returned and the small business is threatening to put my wife's and my picture on the wall. can i Sue?

i have txt message saying if you dont pay i will put pictures on wall of you.

can i sue for defamation why is he posting my wifes picture and also mine.

Adam Savett
Adam Savett answered on Sep 5, 2019

Perhaps offering to pay the outstanding amount of the returned check PLUS the bank fees the business incurred for the returned check would resolve the issue faster and easier for all involved.

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1 Answer | Asked in Consumer Law on
Q: I bought the "all access" ticket but I found out, there are just "virtual pass" ticket. So I think I was deceived.

The webpage where we bought tickets: https://www.eventbrite.ie/e/dublin-digital-marketing-conference-registration-54158921793?aff=ebdshpsearchautocomplete

Adam Savett
Adam Savett answered on Sep 4, 2019

I'm sorry that you feel deceived - I would suggest talking to the conference organizer and asking about a refund.

But I wouldn't hold much hope.

The event page states several times that it is an online / virtual event:

- "When & Where: Online: Live &...
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2 Answers | Asked in Consumer Law on
Q: X uses Y's license in Z's showroom to showcase A's product, a box of jigsaw puzzle. Jigsaw puzzle is missing pieces.

If the customer wants to sue someone, who is responsible for the missing pieces in the product?

Adam Savett
Adam Savett answered on Sep 3, 2019

Sounds way too much like a law school question.

The jurisdiction where this occurred would need to be identified, and also any relevant contracts between the parties would need to be taken into account.

Lastly, who is the "customer" - all of the parties are simply...
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2 Answers | Asked in Consumer Law for California on
Q: I noticed that my local 99 cents chain store charges $.99999 for items, rounding up to $1, plus tax. Is this legal?

In other words, they charge $1 for a $.99 items, adding hidden $.01 charge to each item.

Adam Savett
Adam Savett answered on Sep 5, 2019

There is no requirement that a "99 cents" or "dollar" store charge 99 cents (or a dollar) for items, unless they actually advertise that 99 cents / 1dollar is the price. Most such stores don't do so and often have merchandise that is priced higher than the store name would... Read more »

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1 Answer | Asked in Consumer Law for Virginia on
Q: Consumer rights
Adam Savett
Adam Savett answered on Aug 30, 2019

Sometimes they have them, and sometimes they don't.

Depends on contract / statute /common law.

1 Answer | Asked in Consumer Law and Banking on
Q: Hi I've heard that banks have manipulated the price of silver is that true?
Adam Savett
Adam Savett answered on Aug 30, 2019

Yes, depending on what form of silver you are discussing and on what markets.

There have been guilty pleas from individual traders:

https://www.justice.gov/opa/pr/former-precious-metals-trader-pleads-guilty-attempted-commodities-price-manipulation...
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1 Answer | Asked in Consumer Law for California on
Q: have banks munipulated the price of silver?
Adam Savett
Adam Savett answered on Aug 30, 2019

Yes, depending on what form of silver you are discussing and on what markets.

There have been guilty pleas from individual traders:

https://www.justice.gov/opa/pr/former-precious-metals-trader-pleads-guilty-attempted-commodities-price-manipulation...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Business Law and Collections for Pennsylvania on
Q: Help!

My electric bill has been unusually high, so I called them. They informed me I had a 3rd party supplier on my bill I was unaware of. I called said 3rd party and they informed me that I had added them to my account last summer. Going through the details it came across that my sister had given them... Read more »

Adam Savett
Adam Savett answered on Aug 30, 2019

I would suggest you file a complaint with the Pennsylvania Public Utility Commission.

Here is a link to resources on the process and directions on how to file a complaint:

http://www.puc.state.pa.us/filing_resources/filing_complaints.aspx

Note that the PUC specifically...
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1 Answer | Asked in Consumer Law on
Q: Explain

Mr Zondo invited 100 guests to his 50th birthday party held at an upmarket hotel in Mbombela. The hotel agreed to provide catering at the cost of R450.00 per guest. In order to avoid incurring additional costs, Mr Zondo had stated expressly on the birthday invitation that none of the invites should... Read more »

Adam Savett
Adam Savett answered on Aug 30, 2019

Boy, this sure sounds like a first year law school question!

Without knowing the jurisdiction in question, it would be hard to give a definitive answer.

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
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
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...
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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
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:...
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