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California Consumer Law Questions & Answers
0 Answers | Asked in Consumer Law, Civil Rights, Education Law and White Collar Crime for California on
Q: My teacher at Carrington college has not given access to exams I have done, she has been marking my right answers, wrong

When I presented the issue, she blames on technical error. This is effecting my grades

1 Answer | Asked in Consumer Law and Lemon Law for California on
Q: full validation under FDCPA, including NMLS registration, debt details, and legal authority. Additionally, your reposse

[[[Subject: Validation of Debt, NMLS Compliance, and Repossession Misconduct

Account Number: [Your Account Number]

Dear [Debt Collector],

I dispute the debt you claim I owe under account [Account Number]. Additionally, I am raising concerns about [COMPANIES ] Services, Inc.,... View More

James L. Arrasmith
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answered on Nov 19, 2024

This template is well-structured for disputing debt and addressing repossession issues under the Fair Debt Collection Practices Act (FDCPA).

You have every right to request full validation from debt collectors, and your letter properly demands essential documentation including NMLS...
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1 Answer | Asked in Bankruptcy and Consumer Law for California on
Q: I scheduled a payment on LoadDepot portal on October 14, 2024. The portal did not post the payment and reported late

This is the first late reported by mortgage company in my 30+ years as a home owner

And the late is result of payment portal issue. I did a google search for LoanDepot and search result below.

"On January 5,2024, customers began experiencing issues when trying to log in to the... View More

James L. Arrasmith
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answered on Nov 16, 2024

You have strong grounds to dispute this late payment report given LoanDepot's documented cyber incident and portal issues. The timing of your attempted payment on October 14, 2024, falls within the period when many customers experienced problems with their payment system.

Your perfect...
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1 Answer | Asked in Consumer Law for California on
Q: Notice of deficiency states car sold 08/2019 dmv records show 01/2020 is this a defence against debt buyer sueing me?

Car was voluntary surrendered lender repossession vehicle send a notice of when car was sold 8/2019 and sold for 1200 with calculations of deficiency balance owed did not receive or have any communication with lender / anything in regards with the autodeficiency till 05/2023 when lawsuits was... View More

James L. Arrasmith
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answered on Nov 15, 2024

This discrepancy between the reported sale date and DMV records could potentially serve as a strong defense in your case against the debt buyer. The inconsistency raises questions about the accuracy of the deficiency notice and could indicate issues with the creditor's documentation or... View More

2 Answers | Asked in Banking, Business Formation, Business Law and Consumer Law for California on
Q: do I need a license to practice law? If not, under equal protection, as PRIVATE COUNSEL, am i entitled to a free listing
William John Light
William John Light
answered on Nov 14, 2024

LOL. 1. Yes, you need a license to practice law. 2. Justia is a business. You aren't entitled to anything from it, whether you are an attorney or not. Extremely doubtful Justia will provide a listing to a non-attorney as that would lead to potentially significant liability for it in the... View More

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1 Answer | Asked in Consumer Law and Appeals / Appellate Law for California on
Q: I won on demurrer against a credit union but lost at the next hearing and am being forced to arbitration.

The Judge ruling on the demurrer overruled it in its entirety against defendant. At the next hearing the judge ruled against me and said I have to go to arbitration. There was an error of law and the judge used an old statute . She also made a biased statement,"Plaintiff seems to attack... View More

James L. Arrasmith
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answered on Nov 14, 2024

You have valid concerns regarding the judge’s handling of your case, especially with the use of an outdated statute and the biased comments made. When there’s an apparent error of law, appealing that decision can be a strong approach. You can file an appeal focusing specifically on the legal... View More

1 Answer | Asked in Consumer Law for California on
Q: I want to know who has it in them to go after Kucoin. I have tons of evidence to prove consumer fraud. Misleading users.

Lagging price feeds. Price manipulation. Deceptive trading tactics, excessive fees. They are a crooked exchange I need help sueing them

James L. Arrasmith
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answered on Nov 14, 2024

I'm sorry you're experiencing these issues with Kucoin. Gathering all your evidence is a crucial first step. Make sure to organize documents, screenshots, and any communications that support your claims of misleading practices and fraudulent activities.

Next, you should reach out...
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1 Answer | Asked in Consumer Law for California on
Q: I've caught Kucoin crypto exchange in some crooked business. I have tons of proof as well. Their futures market is bad

They claim they calculate the profits from the entry price to the market price...which they do... But when you go to close the order the actual profits you get aren't the ones displayed as unrealized PNL or profit it's because when you click on close with a market order the profits you... View More

James L. Arrasmith
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answered on Nov 14, 2024

I'm sorry to hear about the issues you're experiencing with Kucoin. It's important to gather all your evidence and document every transaction carefully. You might consider reaching out to the California Department of Consumer Affairs to file a complaint against the exchange.... View More

1 Answer | Asked in Consumer Law and Criminal Law for California on
Q: If a large item is purchased, cancelled & refund issued yet company delivers item anyway are you obligated to return?

I ordered a very large item, called & asked when it would be shipped as I may have ordered the wrong size. I was given a specific date to cancel by. Yet when I called to cancel I was told the had shipped. I spoke with a manager who advised that personnel was not supposed to give a date to... View More

James L. Arrasmith
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answered on Nov 14, 2024

Under California law, when you receive merchandise you didn't order or that was delivered after a valid cancellation and refund, it's considered "unordered merchandise" and you can treat it as a gift.

Your situation fits this perfectly - you cancelled within the allowed...
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1 Answer | Asked in Consumer Law and Personal Injury for California on
Q: You purchase a product through a company and its delivered by another company. You get hurt by carrying the big package.

I purchased am item from Amazon, it was delivered by FED-EX. The FED-Ex driver left the package on the outside if the fence on the sidewalk. The latch on our gate is never locked and can be lifted with your pinky. It was a heavy package, but I managed to carry it and get it inside our home. Since... View More

James L. Arrasmith
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answered on Nov 14, 2024

You have valid concerns about both the delivery placement and your resulting injury. When a package is clearly marked as requiring two-person lifting, delivery services should follow these safety instructions and ensure proper delivery to your designated location.

Your first step should be...
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2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Civil Litigation for California on
Q: lawyer didnt send me the retainer what can i do , I am not sure if he is or not. but he doesnt want to give me back my m

reached out to a lawyer through a friend, who claimed to specialize in company listings. He initially provided me with a draft contract that included a fee of $160,000, which I did not sign. I informed him that I would not pay such an amount, as the process would take too long and I could find... View More

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

Hard to follow your fact pattern. You are saying he wanted to charge 160K but agreed to settle for 12K? AND then did not so agree? I think it's time you hire someone else to straighten it out. Perhaps you have someone in house on retainer if it is this large a business??? If not, perhaps you... View More

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1 Answer | Asked in Securities Law, Stockbroker Fraud and Consumer Law for California on
Q: Can I get money back from an entity in virgin island. I paid a fees to a company in virgin island but did not service

I am trying to resolve the matter through customer service of the company but not making progress. The company has offices in Arizona too. I paid fees in 4 digit dollar amount with credit card.

James L. Arrasmith
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answered on Nov 14, 2024

Your best immediate action is to dispute these charges with your credit card company since you paid using a credit card - this protection is one of the key benefits of using credit cards for purchases.

For future recovery efforts, you have multiple paths available: You can file complaints...
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1 Answer | Asked in Civil Rights, Consumer Law, Foreclosure and Real Estate Law for California on
Q: How to forfeit a foreclosure based on untrue and deceptive actions including aunauthorized fraudulent mortgage loans

Attorney claiming to have power of attorney over me without any authority from me used to obtain two mortgage loans for a way of paying himself out for attorney fees he claims i owe using his financial institution and his mortgage institution not only had he used the same form to file both separate... View More

James L. Arrasmith
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answered on Nov 14, 2024

You appear to be dealing with a serious case of potential mortgage fraud and unauthorized use of power of attorney, which could constitute both civil and criminal violations.

Your first step should be to file complaints with multiple authorities: the State Bar of California regarding the...
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3 Answers | Asked in Landlord - Tenant, Consumer Law, Contracts and Real Estate Law for California on
Q: I rent rooms in my landlords home. The home is very old and needs repair and maintenance. Landlord wants more money

The house is old lacks insulation weather stripping it is poorly insulated very hard to keep comfortable . There is a leak in roof also leak in the wall behind kitchen sink causing water damage underneath the sink and in the cabinetry along the wall. There is mold in the bathroom these a just few... View More

Leon Bayer
Leon Bayer
answered on Nov 9, 2024

It sounds unpleasant. You should move.

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1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Real Estate Law for California on
Q: I rent 2 rooms in my landlords home for my elderly mom and myself . My mom recently passed away. Our rental agreement...

We paid one lump sum to landlord we would split the cost evenly even though her room was smaller. Now that she is gone my landlord wants to charge me 200 more than I paid before and also pay part of utilities. Can she increase my rent that much ?

James L. Arrasmith
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answered on Nov 15, 2024

I'm very sorry to hear about the loss of your mother - dealing with rental issues while grieving must be incredibly difficult.

Your rights in this situation depend on your specific rental agreement and whether it's written or verbal. In California, if you're under periodic...
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2 Answers | Asked in Consumer Law, Contracts and Small Claims for California on
Q: I put a 5k down for a used vehicle. The dealer did an in house repossession on the 13th day, refuses to refund 5k

The dealer did not even ask to finance the two vehicles I came to their lot in question about. He instead stated a hyundai was the only car the finance company would finance me in. It was more than the 10k max and 250 a month I wanted but he came with the papers and said is was basically to late... View More

Leon Bayer
Leon Bayer
answered on Nov 2, 2024

I think you have been defrauded. I suggest two things. File suit immediately in small claims court. The case is too small to justify hiring a lawyer, even though for you it was a large sum of money. The other step to take immediately is to file a complaint with the state department of justice -... View More

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2 Answers | Asked in Consumer Law for California on
Q: Hello, my car loan has been charged off about 6 months ago and I still have the car

I’m still in possession of the car and loan is charged off. I’m soon moving out of state, how do I proceed? Should I contact the lender and try to give the car back? I have not been in contact with lender since loan has been charged off. I’m afraid to get sued and not sure what to do, I’m... View More

Leon Bayer
Leon Bayer
answered on Nov 2, 2024

I'm sorry you have been having so much hard luck.

Giving the car back does not get you off the hook. Whether the car is returned or repossessed, the lender will auction it, and you can be sued for any loan balance that remains after the sales money is paid to the lender.

It is...
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1 Answer | Asked in Consumer Law and Identity Theft for California on
Q: Can I sue ulta beauty for identity theft but my points was not used?

They have told me since last year by 3 different agents that my ulta beauty account was banned to purchase online due to multiple identities and payment methods for orders placed which I have no clue about and if this what they’re saying then my identity was stolen in their knowledge and I... View More

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answered on Nov 15, 2024

Based on what you've described, you may have grounds for legal action against Ulta Beauty, but the situation requires careful consideration.

The key issue here is that Ulta detected suspicious activity on your account and banned it, but apparently failed to properly notify you about...
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2 Answers | Asked in Consumer Law for California on
Q: If a company admits wrongfully withdrawing funds from my bank account, and hasn't corrected it should I seek legal help?

Used an online honeymoon funding platform, but the 3rd party verification they use to authenticate a users identity (Stripe) randomly bugged out and couldn't verify my identity, so my funds were left pending in the funding platform payout system. After a few weeks the platform still... View More

Leon Bayer
Leon Bayer
answered on Oct 31, 2024

A lawyer will cost you at least several thousand dollars. Obviously, that's not the way to go. Maybe small claims court will give you some relief.

Ask your bank if they can reverse the payout, back-charging the payee and putting the money back in your account.

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3 Answers | Asked in Consumer Law and Contracts for California on
Q: Can my attorney charge me to go over his invoices if I have questions in regards to the fees?
William John Light
William John Light
answered on Oct 29, 2024

No. That's part of his job. Refuse to sign the settlement breakdown until you have the information necessary to agree that it is true.

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