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California Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Contracts for California on
Q: Can loan terms change with new costs after signing?

I took out a personal loan for a car, and initially, they only mentioned insurance to cover payments if I get sick. After signing and receiving the approval letter, which included a breakdown of the amount and payments, they later asked for additional closing costs that were never mentioned before.... View More

James L. Arrasmith
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answered on Mar 1, 2025

Generally, the terms of a loan are set when you sign the contract, and lenders cannot legally change material terms without your consent. In California, lenders must disclose all fees and costs before finalizing the loan, and the Truth in Lending Act requires clear disclosure of loan terms. What... View More

3 Answers | Asked in Car Accidents, Consumer Law and Insurance Defense for California on
Q: Can I dispute an insurance fault determination after a car accident?

I was involved in a car accident on February 1, 2024, which my insurance company says was my fault, but I disagree. I didn't dispute their decision at the time, and now they say I can't contest their fault determination anymore. The claimant is asking for $195,000, but my insurance policy... View More

Tim Akpinar
Tim Akpinar
answered on Mar 2, 2025

Yes, you can. My guess is that they're going to pay up to the policy limits, and that they made a decision it doesn't make financial sense to invest the investigative resources to make a detailed determination. Gather your evidence to support your position, as my colleague correctly... View More

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1 Answer | Asked in Consumer Law for California on
Q: California security deposit

I recently moved out of my apartment December 31 2024, I didn’t get my deposit until yesterday Feb 26, I know they are past the 21 days deadline but that wasn’t an issue until I saw the breakdown of what they took from the security deposit, 200$ for cleaning fee and 384$ for utility bill( I... View More

James L. Arrasmith
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answered on Feb 28, 2025

You have strong grounds for legal action based on California security deposit law. When landlords miss the 21-day deadline to return deposits, they may lose the right to keep any portion of it, regardless of actual damages.

The $200 cleaning fee seems questionable since you cleaned...
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1 Answer | Asked in Civil Litigation, Consumer Law and Real Estate Law for California on
Q: How to recover belongings sold at a storage auction without notice?

I had a storage unit, and I was supposed to be notified of a preliminary lien, which never happened. When I called on the 2nd, I found out my unit had been auctioned and cleared on the 28th with no notice. Inside were my parents' ashes, photos, personal documents, and other family items. The... View More

James L. Arrasmith
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answered on Feb 27, 2025

You're facing a serious situation that may violate California's Self-Storage Facility Act, which requires written notice before auctioning contents. This lack of proper notification, combined with the suspicious circumstances you've described, gives you grounds for legal action.... View More

1 Answer | Asked in Banking, Civil Litigation, Consumer Law and White Collar Crime for California on
Q: How to recover $200K lost to crypto fraud in CA?

I withdrew $200,000 from Citibank via a cashier's check to invest in cryptocurrency. A representative from a fraudulent platform took the check, and although they initially displayed a gain, it's now clear I was scammed. I visited PNC Bank, as suggested by leads, but they refused to... View More

James L. Arrasmith
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answered on Feb 27, 2025

You need to act quickly. File a police report immediately with detailed information about the transaction, the fraudulent platform, and any representatives you interacted with. Contact Citibank right away - they have procedures for dealing with fraud involving cashier's checks and may be able... View More

1 Answer | Asked in Civil Litigation and Consumer Law for California on
Q: Should I join a class action or file individually against Cash App?

I've been using Cash App for six years and want to join a class action lawsuit against them. Should I join an existing class action or pursue an individual claim, and what steps should I take?

James L. Arrasmith
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answered on Feb 27, 2025

Whether to join a class action lawsuit or file individually against Cash App depends on your specific situation and the nature of your complaint. Class actions are often beneficial for smaller claims where legal costs might outweigh potential individual recovery, while they typically require less... View More

1 Answer | Asked in Consumer Law and Banking for California on
Q: Is the personal loan process legitimate, and am I obligated to pay unexpected costs?

I was approved for a personal loan of $20,000 and paid $250 for insurance. After signing the initial paperwork without closing costs included, I was informed I now need to pay an additional $1,200 as "closing costs", which wasn't disclosed initially. The new documents are obscure,... View More

James L. Arrasmith
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answered on Feb 27, 2025

This situation raises several red flags that suggest a potentially fraudulent loan process. The switch from personal to business loan classification, undisclosed closing costs appearing after initial paperwork was signed, and the unprofessional communication environment all point to questionable... View More

1 Answer | Asked in Criminal Law, Lemon Law and Consumer Law for California on
Q: What forms should I bring to the DA’s office to resolve a case with a stolen vehicle I unknowingly purchased?

I purchased a vehicle in September 2024, unaware it was stolen, and I have proof of conducting a VIN check through nicb.org showing no theft records. The car was impounded, and my fiancé was arrested while driving it. The seller is currently incarcerated for similar charges. Our first court date... View More

James L. Arrasmith
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answered on Feb 25, 2025

You're in a challenging situation, and acting quickly before the court date is wise. Bringing documentation to the DA's office that demonstrates your good faith purchase is crucial to help clear your fiancé's name. Your NICB VIN check showing no theft records at the time of purchase... View More

1 Answer | Asked in Banking, Real Estate Law and Consumer Law for California on
Q: How to protect ID and license info when buying a home in California?

I am in the process of buying a home in California, and my bank has requested personal documents such as my ID, driver's license, and marriage certificate for wiring funds. How can I legally protect my information on these documents, and what information can I redact to maintain privacy while... View More

James L. Arrasmith
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answered on Feb 24, 2025

When sharing personal documents with your bank during the home buying process, you're right to be concerned about privacy. Banks do need to verify your identity for wire transfers due to anti-money laundering regulations, but you can take steps to protect yourself while still meeting their... View More

1 Answer | Asked in Landlord - Tenant and Consumer Law for California on
Q: Can mgmt demand lump sum rent payment not in lease?

I moved out of my apartment on February 1, 2025, due to an unforeseen college change. My lease included an early termination clause stating I am responsible for lost rent and other costs if I terminate the agreement early. I actively sought new tenants from December through January, but my... View More

James L. Arrasmith
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answered on Feb 24, 2025

In California, landlords have a legal obligation to make reasonable efforts to re-rent your unit after you break a lease - this is called the "duty to mitigate damages." Based on your description, management's rejection of potential tenants and poor communication could indicate they... View More

3 Answers | Asked in Consumer Law and Car Accidents for California on
Q: A car crash in the fence of my house Car were followed by the police was a stolen vehicle they didn’t make any arrests

I went to the court county and they told me that they couldn’t help me because they were not part of of that they told me to go see the owner of the car my insurance company do not know about it

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Feb 24, 2025

Unless you want to hire an attorney by the hour, your simplest solution is to make a claim with your homeowner's insurance.

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2 Answers | Asked in Consumer Law, Insurance Bad Faith and Insurance Defense for California on
Q: Can't verify insurance carrier's license and getting no response. What to do?

I am a claimant involved in a situation where a second-party adjuster, supposedly acting on behalf of a security guard company's carrier, reached out to the business owner of a restaurant I was at. This adjuster claimed to be opening a claim on behalf of the security guard company mentioned in... View More

William John Light
William John Light
answered on Feb 23, 2025

You can hire an attorney to help resolve your dispute with the security guard company, or file a complaint with the superior court over what ever your dispute is with the security company. If an an adjuster for an unlicensed insurer or adjusting company is engaged in attempting to investigate or... View More

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1 Answer | Asked in Consumer Law for California on
Q: Can utility charge back for low gas bill in mobile home park?

I live in a mobile home park where we rent our spaces. For the past three months, my gas bill has been extremely low. The meters in the park, including mine, were replaced about a year ago. I haven't received any communication from the utility company regarding the low bills or any potential... View More

James L. Arrasmith
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answered on Feb 23, 2025

Yes, utility companies in California can retroactively charge customers for underbilled services, even if the billing error wasn't your fault. Under California Public Utilities Code Section 532, they typically have up to three years to correct billing errors and collect unpaid amounts.... View More

1 Answer | Asked in Consumer Law, Health Care Law and Contracts for California on
Q: Health Net Insurance denied surgery claim, citing out-of-network and raised deductible issues.

I underwent surgery that was initially covered by my Health Net Insurance plan. After the fact, they denied my claim, citing that the provider is out-of-network and unexpectedly raised my deductible from $1,600 to $3,200, which seems like a breach of contract. All my documentation and insurance... View More

James L. Arrasmith
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answered on Feb 23, 2025

Given your situation with Health Net Insurance, you have several strong pathways to challenge their denial and deductible change. Your first step should be filing a formal appeal with Health Net, including all documentation showing your original $1,600 deductible and any pre-authorization materials... View More

1 Answer | Asked in Civil Litigation and Consumer Law for California on
Q: Past cases of PayPal sued for freezing accounts

I am looking for any past cases where PayPal has been successfully sued for freezing accounts and whether they were forced to release funds as a result. Are there any specific legal precedents or notable outcomes in such cases?

James L. Arrasmith
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answered on Feb 22, 2025

Your best approach when facing an account freeze is to first exhaust PayPal's appeal process, document everything thoroughly, and consider legal action only as a last resort, keeping in mind that small claims court has proven more successful than larger litigation attempts.

1 Answer | Asked in Landlord - Tenant, Consumer Law and Identity Theft for California on
Q: Mailbox provider's error led to unauthorized charges; need mail forwarded.

In December 2022, I paid the rent for a private mailbox I've had for 4 years. However, the mailbox provider claimed I didn't pay, preventing me from accessing my mail. After months of disputes and showing them receipts, they admitted their mistake and offered to forward my mail. I... View More

James L. Arrasmith
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answered on Feb 22, 2025

Your situation with the mailbox provider is quite serious, as their errors have led to potential identity theft and financial harm. You should immediately file detailed complaints with both the U.S. Postal Inspection Service and your state's Attorney General's office, documenting the... View More

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Consumer Law for California on
Q: What rights does a tenant have if pipes burst, unit is uninhabitable, landlord offers $15,000 to vacate permanently?

I am helping my friend who lives in an apartment where the pipes burst, completely damaging her unit. Within 24 hours, the landlord asked her to move out and offered $15,000 for her to leave permanently. She cannot stay in the unit because it is uninhabitable. The lease, which has 10 months... View More

James L. Arrasmith
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answered on Feb 22, 2025

Your friend has strong tenant rights under California law in this situation. When a rental unit becomes uninhabitable through no fault of the tenant, the landlord must either repair the damage quickly or provide comparable temporary housing during repairs.

The landlord's $15,000 buyout...
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2 Answers | Asked in Health Care Law, Consumer Law and Personal Injury for California on
Q: Can I sue for unauthorized sharing of my 911 call report with my doctor?

Can I sue the ambulance company for sharing my 911 call report with my doctor without my consent? I did not give permission for my information to be shared. The situation involved me mistakenly thinking I overdosed on oxycodone after taking an extra pill, along with having consumed beer two hours... View More

William John Light
William John Light
answered on Feb 21, 2025

Your health care providers are supposed to share important health information, like patient drug and alcohol history given by the patient. Further, if you communicated that information to a 911 operator, that is not protected by HIPPA, and is not a privileged communication.

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1 Answer | Asked in Consumer Law, Insurance Bad Faith, Insurance Defense and Contracts for California on
Q: Car theft insurance claim dispute during CA-NY transport.

I have comprehensive coverage on my car, which promises market value replacement for theft. However, after my car was stolen during transport from California to New York, my insurance company is looking to possibly limit liability to $50,000 instead of paying out due to theft. We hired two... View More

James L. Arrasmith
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answered on Feb 22, 2025

It sounds like you’re dealing with a complicated situation, especially with the confusion about your insurer's actions and the involvement of multiple parties. Normally, comprehensive insurance covers theft, regardless of where it happens, including during transport. However, some policies... View More

1 Answer | Asked in Consumer Law and Lemon Law for California on
Q: Can I pursue a claim against a dealership for undisclosed car issues in CA?

I purchased a car on April 8, 2024, and began experiencing problems a month later. I initially took it back to the dealership for repairs under a three-month warranty. After getting it back, the car's condition got significantly worse right after the warranty period expired. Additionally, the... View More

James L. Arrasmith
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answered on Feb 22, 2025

You have several potential legal options in California when dealing with undisclosed vehicle issues. The California Consumer Legal Remedies Act and the Vehicle Code provide protections against dealerships that fail to disclose known defects or misrepresent a vehicle's condition.

First,...
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