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Consumer Law Questions & Answers
0 Answers | Asked in Consumer Law, Employment Law, Civil Litigation and Identity Theft for South Dakota on
Q: I let someone use my cash app to accept money from ppl, now we no longer associate, do I legally have to send it back?

I let a former employer use my cash app account to receive payments from customers. But then he tried to lock me out of the account, so I closed it. There is a substantial amount of money in the closed account. Am I legally obligated to send that money back to my former employer? We don’t have... View More

3 Answers | Asked in Medical Malpractice, Consumer Law and Health Care Law for California on
Q: Who do I report a medical provider to that hasn’t reimbursed me for overpayment? It’s been 60 days since they’ve known.

I was charged $1280 for services from a medical provider that partners with my medical insurance on January 30, 2024. I paid the bill in full in February 2. My insurance provider notified me that with the portion they paid to the facility, I should’ve only paid $892. I contacted the medical... View More

Leon Bayer
Leon Bayer
answered on Apr 17, 2024

Tell them on the phone that if you don't have the money in 48 hours you will report them to Medicare, and the state board of quality medical control.

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0 Answers | Asked in Consumer Law for Minnesota on
Q: I bought a bad car need to know what to do now??

I've had the car a month and a half they knew the problem but just kept telling me other things were the problem. The dealer ship where it is sitting now saw the bad catalytic converter right away. The car was getting no power to where I could have caused a major accident in the middle of rush... View More

1 Answer | Asked in Tax Law and Consumer Law for Michigan on
Q: Do plan administrators of flexible spending accounts have a fiduciary duty to provide advance notice of forfeitures?

If unclaimed funds remain in an FSA as the use-it-or-lose-it deadline for claim submission approaches, would a plan administrator’s failure to provide timely warning of imminent forfeiture constitute fiduciary negligence?

James L. Arrasmith
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answered on Apr 17, 2024

The question of whether flexible spending account (FSA) plan administrators have a fiduciary duty to provide advance notice to participants about potential forfeitures of unused funds is a complex one that doesn't have a definitive answer. Here are a few key considerations:

Fiduciary...
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0 Answers | Asked in Consumer Law for Colorado on
Q: Debt Servicing (TOP)garnishing social security

Paid in Full was improperly recorded. After updated records are validated Paid in Full. I forwarded it to Debt servicing to no avail. There has been no Lien recorded. I contacted my former mortgage company and they were researching.

Today I received a letter from Debt servicing it was... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for California on
Q: Hello, wondering about the extent of a storage facility's liability for negligence in maintaining their roof.

Our space was inundated after a recent rain, and with the extent of mold and traces of earlier water damage we realized that it had also occurred in earlier rains this season. The 'climate controlled' ceiling was engorged and under the weight of the water was dapped. There were visible... View More

James L. Arrasmith
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answered on Apr 16, 2024

Under California law, a storage facility has a duty to maintain its premises in a reasonably safe condition, which includes ensuring that the roof is properly maintained to prevent water damage to tenants' property. If the storage facility fails to do so and a tenant's property is damaged... View More

0 Answers | Asked in Consumer Law, Gov & Administrative Law and Libel & Slander for Alabama on
Q: I need to find lawyer. A local credit union released 2 yrs of my personal banking records without consent/knowledge

2 years of personal bank statements released without authorization, knowledge or consent. I found out abt incident from my uncle who received UNREDACTED copies by email. Person who requested copies from bank admits that he “just walked into the bank and “asked for them” and they emailed them... View More

0 Answers | Asked in Consumer Law for Connecticut on
Q: How do I go about entering into arbitration or some type of lawsuit against a bank?

I entered a dispute with my bank for medical services that I paid $8000 for but I never received. They also had an an email from the merchant stating that they were going to refund me, but they never did. They denied my charge back and never provided me with proof that I received the services for... View More

1 Answer | Asked in Consumer Law and Identity Theft for Michigan on
Q: My identity was stolen and someone used my info to open a credit card account with chase bank in October of last year.

Today I get an email from att that says that att has determined some of my information was compromised.

Can I sue att for not having the right tools to guard my personal info?

Matthew McKenna
Matthew McKenna
answered on Apr 16, 2024

Contact a consumer protection attorney that will offer a free consultation. Happy to talk.

You’ll want to dispute the account with Chase, as well as with any credit reporting agency that is reporting that account on your credit report. You should be able to pull your Experian, Equifax...
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2 Answers | Asked in Personal Injury, Business Law and Consumer Law for California on
Q: How to sue a used car dealer out of state?

I purchased a vehicle from Philadelphia to California. All interactions have text or email receipts. The dealer said no check engine lights car drove perfect. Once car delivered check engine lights came on. I had tried to give him the benefit of the doubt and fix the minor issue I was hoping it... View More

James L. Arrasmith
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answered on Apr 16, 2024

In this situation, you have a few options for pursuing legal action against the out-of-state used car dealer under California law:

1. File a complaint with the California Department of Motor Vehicles (DMV): The DMV has a complaint process for issues related to vehicle purchases. They may be...
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0 Answers | Asked in Consumer Law and Business Law for Florida on
Q: Is it legal for a billionaire company to take money out of my account for a majority of 10 days for out of stock items.

If the item isn’t in stock, that money was withdrawn from my account on what they call a “temp hold” but that’s really not the case. My account is short that original amt and have to go somewhere else to buy it as well as wait usually around 6 days to receive the unavailable item funds... View More

2 Answers | Asked in Consumer Law, Personal Injury, Real Estate Law and Landlord - Tenant for California on
Q: Hello. I sued my ex-landlord's LLC in Las Vegas, NV. Turns out he filed an Answer, not using an attorney...

and he transferred his assets away and shut down his LLC and stopped responding. I asked for case ending sanctions against him. They were granted. I had NO IDEA how to get a default judgment and it took me a few years to figure it out. I finally did though and got a judgment for almost $8,000.... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the complex legal situation you've described, here are a few thoughts and pieces of advice:

1. Jurisdiction: The California small claims court judge is right to question jurisdiction over the defendant, especially if he resides in Nevada and the previous lawsuit was in Nevada....
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0 Answers | Asked in Consumer Law and Collections for New York on
Q: I received a collection agency notice of a healtcare bill through a collection agency over 2 years from date of service.

Never received a bill or any communication from the provider that a bill was outstanding. They failed to file the claim with my insurance. Can I get this dismissed?

1 Answer | Asked in Consumer Law, Civil Rights and Small Claims for South Carolina on
Q: Pork skins nutrition facts say 0 sugar 0 added sugar but ingredients contain sugar. Is that false advertisement?

On a sugar fast, bought these on the fly for my kids and had a few until I read the actual ingredients come to find out that even though not listed in nutrition label, it is on the ingredients. In turn, I broke my sugar fast.

James L. Arrasmith
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answered on Apr 15, 2024

It's understandable to be confused and frustrated by this situation. According to FDA regulations, if a food contains less than 0.5 grams of sugar per serving, the nutrition facts label can list the sugar content as 0 grams. However, the ingredients list must still include any form of sugar... View More

1 Answer | Asked in Banking, Business Law and Consumer Law for Florida on
Q: Can a company issue a refund for a disputed charge and then after the refund is received, make a new charge for it?

I received a refund for a disputed charge and then without warning or them contacting me in anyway, they posted a new charge for that amount. Keep in mind I waited a few months before I touched the refund, I was worried that it was just a provisional amount so I waited their processing time, and... View More

James L. Arrasmith
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answered on Apr 21, 2024

It is generally not appropriate for a company to issue a refund for a disputed charge and then make a new charge for the same amount without prior notice or agreement from the customer. This practice could be seen as deceptive and may violate consumer protection laws.

However, there are...
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0 Answers | Asked in Consumer Law and Business Law for Tennessee on
Q: Hello, so I have some oddity pieces some of which are human bones and pieces of skull and I have a shipping question.

I know it is illegal to import and export into and out of Tennessee but am I allowed to ship a human bone piece to another Tennessee resident? Thank you

0 Answers | Asked in Consumer Law, Contracts and DUI / DWI for Colorado on
Q: Do I have any rights against mistreatment and breach of contract by my interlock company?

Hello, thank you for your time.

-issue with my interlock Co. and their franchise stores,

- they breached the contract and their imprudent actions made continuance of their services untenable.

-amongst other issues, They were not reporting my payments and calibrations to... View More

1 Answer | Asked in Consumer Law for Florida on
Q: I’m currently being subject to a yoyo car deal I left with the car 15 days ago

I left with the car 15 days ago they called on the 11th day and said the deal didn’t go threw because I missed signatures when signing so I went and then was told the bank declined the deal and they would keep trying and now the are trying to still work a deal but when I left that day I believed... View More

Angelo "Tony" Marino Jr.
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answered on Apr 15, 2024

The devil is in the detail. Yes, this is a YO-YO fraud claim, most likely. But look at your paperwork to see what it says about financing. I suggest you consult with a consumer lawyer.

1 Answer | Asked in Consumer Law, Real Estate Law and Municipal Law for Florida on
Q: if a defendant did not answer a specific interrogatory - who do I make them answer.
Angelo "Tony" Marino Jr.
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answered on Apr 15, 2024

In Florida, you must first reach out to the defendant and try to resolve the matter; that is get him/her to agree to supply a better answer. If that does not work, then you need to do a motion to compel better answer(s) and send that along with a notice of hearing set before your judge. I suggest... View More

2 Answers | Asked in Bankruptcy and Consumer Law for New York on
Q: I am in NY. In 8/19 a credit card debt lawsuit was filed against me. Last month a judgement was filed.

I have received no correspondence and do not recall the initial lawsuit notification. Is the statue of limitations up? I saw that NY went from 6 years to 3 years. What are my options?

Carl Nelson
Carl Nelson
answered on Apr 15, 2024

The statute of limitations runs from when a cause of action accrues to when a complaint upon that cause of action may be commenced. If they have a judgment, your right to raise that as a defense now is likely waived.

You may want to speak to an attorney about the implications of the...
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