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Maryland Consumer Law Questions & Answers
0 Answers | Asked in Consumer Law for Maryland on
Q: Someone used my credit card without my permission and the bank is holding me responsible.

I've been fighting with the bank for 4 months and they've denied my claim 3 times because the tracking shows the item was delivered to my home address. I work from home and have security cameras - nothing was delivered and I don't know the person who was supposed to have signed for... Read more »

1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: I have hired someone to replace an old deck with a flagstone. he said he'd hire 4-5 worker and finish it in 2-4 weeks.

He did not hire anyone and tried to do it by himself and one assistant. Unfortunately, no contract was signed, and the original agreement was $11000. I have already paid him $8000 plus a $500 Home Depot gift card for extra materials that he needs (in case I am not available). He did not put on a... Read more »

Mark Oakley
Mark Oakley
answered on Nov 26, 2022

Let's start with the legal issues first:

(1) Did the contractor pull a building permit for this job, if one was needed? How high was this wall supposed to be (walls over a certain height require a permit)? It is the non-delegable duty of the contractor to obtain all permits and pass...
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0 Answers | Asked in Consumer Law, Contracts, Banking and Federal Crimes for Maryland on
Q: I have an ongoing fraud claim with bank of america and i need help on next steps to getting my funds returned.

This claim has been open since October 2021. Brief back story my California EDD was stolen. I’ve never received it and have filed a claim properly as advised by EDD and Bank of America. I’ve filed a police report and have sent over all this to the Bank of America Prepaid Claims Department. My... Read more »

1 Answer | Asked in Consumer Law and Business Law for Maryland on
Q: Can a bar in Maryland legally display declined tabs on the wall for customers to see?
Mark Oakley
Mark Oakley
answered on Nov 2, 2022

If by "declined tabs" you mean, unpaid tabs or declined credit cards that left the tab unpaid, then yes. Truth is a complete defense to a defamation (libel) claim, if the named party on the tab is feeling humiliated by being called out in this manner. A "Wall of Shame" has... Read more »

3 Answers | Asked in Bankruptcy and Consumer Law for Maryland on
Q: I have $45000 in debt, a "debt resolution" lawyer is telling me to enroll on their program. Their fee is $500 per month

I have $45000 in debt, a "debt resolution" lawyer is telling me to enroll on their program. Their fee is $500 per month for 36 months for a total of $18000. He said once the program is completed Ill be debt free. Im very skeptical of how would I be debt free if I am only paying their... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Oct 20, 2022

Once you accumulate a certain amount of money, they will negotiate with your creditors to accept that amount in full resolution of the debt. However, in the meantime, you will be in arrears (not paying), which will affect your credit. Obviously, the debt resolution company keeps a portion of that... Read more »

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1 Answer | Asked in Consumer Law and Gov & Administrative Law for Maryland on
Q: Told at the Bel Air MVA office by mgt. that I had to renew my driver's license with a real ID license. Is this correct

I was told that I have no choice but to obtain a real ID license.

When I asked what legal authority mandates that I get a Real ID license, the manager browsed his computer for approximately ten minutes, then said he would issue me a 45 day temporary license to think about it.

He... Read more »

Scott Scherr
Scott Scherr
answered on Oct 17, 2022

It is a requirement under federal law:

https://mva.maryland.gov/Pages/realid.aspx

1 Answer | Asked in Consumer Law, Contracts and Collections for Maryland on
Q: If a case has been dismissed voluntarily without judgement, how long does the plaintiff have to retry the case in MD?

The case is for credit card debt. Are there any typical reasons they would voluntarily dismiss the case without judgement?

Mark Oakley
Mark Oakley
answered on Sep 20, 2022

If the dismissal is "without prejudice" then they can re-file suit so long as they do so within the original statute of limitations, which is 3 years in Maryland for typical credit card debt. The 3 years begins to run from the date the last payment under the credit card agreement became... Read more »

1 Answer | Asked in Consumer Law for Maryland on
Q: What recourse do I have….. I purchased a used Nissan Rogue with warranty. The radiator fan needs to be replaced….

Nissan said that part won’t be available for 6 mos. To a year. I am a college student & need a car & can’t afford to lease one , yet still have to make payments on a car I can’t drive

Scott Scherr
Scott Scherr
answered on Aug 11, 2022

You would need to review the terms and conditions of your warranty. It will spell out your rights. You can also ask Nissan or the dealership to give you a loaner vehicle until your car can be repaired.

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Maryland on
Q: Can I hold our lender liable due to their negligence which caused us to lose earnest money deposit and other fees?

We were under contract to purchase our first home. The lender asked for a second extension on the closing date. The Seller was not happy but agreed under the terms that we would forfeit our earnest money deposit if closing did not happen. Our lender assured all parties involved that he only... Read more »

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jul 11, 2022

Not likely. In Maryland there is a reported case called "Jacques," (my spelling may be off) which describes the standard of care owed by a lender to its prospective borrower. Whomever you consult should pull this line of cases for discussion.

1 Answer | Asked in Consumer Law, Products Liability and Small Claims for Maryland on
Q: Trying to buy a Service Vehicle: Car got loaned out while I am waiting to finish the purchase. What do I do??

Trying to buy a Service Vehicle: Car got loaned out while I am waiting to finish the purchase.

I went to buy a service vehicle from Annapolis Hyundai. I liked the car decided to continue with the purchase. I signed a printed paper with the cars VIN, price, and other details. No sentences... Read more »

Mark Oakley
Mark Oakley
answered on Jun 15, 2022

Express your dissatisfaction to the sales manager; ask for a discount for the extra miles and wear and tear on the car; or cancel the purchase if whatever you signed allows you to cancel (it is unclear whether you signed a binding contract to purchase or not). Maybe ask to purchase a different car... Read more »

2 Answers | Asked in Consumer Law and Real Estate Law for Maryland on
Q: I lent a sculpture to a friend about ten years ago and it was on her front lawn all that time. She recently sold the

house and left the sculpture for the new owner. Do I have the right to reclaim my sculpture? I live in Montgomery County MD and that is where the sculpture is too.

Mark Oakley
Mark Oakley
answered on Apr 6, 2022

Can you prove it was a loan and not a gift? Is there a claim that you gave up ownership through abandonment of it? Your friend who sold the house in all likelihood did not inform the buyers that the sculpture was not part of the sale and did not convey--in fact, your friend may even have... Read more »

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3 Answers | Asked in Consumer Law, Real Estate Law, Civil Litigation and Legal Malpractice for Maryland on
Q: I'm a realtor in MD and a client posted a defamatory google review...can I sue for non-economic damages?
Thomas C. Valkenet
Thomas C. Valkenet
answered on Mar 28, 2022

I am also a MD broker, and we have had this question from many of our clients, over time. The answer is entirely dependent on what the review says, and the circumstance. But it is extremely unlikely that you would ever recover non-economic damages. Have you exhausted your remedies with Google? Have... Read more »

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2 Answers | Asked in Consumer Law and Collections for Maryland on
Q: Midland funding filed a suit in 2019 and the summons was just issued. I am just now being served a summons.

My dad was given a summons for me today for a debt that is now past Maryland’s 3 year statue of limitations on credit debt collection. However even though the summons was just issued on March 8th, 2022 it states that they filed in July 2019. How am I just being served and is this legal? Does the... Read more »

Scott Scherr
Scott Scherr
answered on Mar 19, 2022

The statute of limitations is satisfied once the lawsuit is filed. So long as the lawsuit was filed within three years, the statute of limitations was satisfied. In addition, some contracts are under seal in which case the statute of limitations is 12 years.

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1 Answer | Asked in Consumer Law for Maryland on
Q: I'm was only nervous because they have the last 4 of my social security number and told me that I have 2 civil suits

pending against me. If I ask them for proof and they don't give it to me should I just block the number?

Scott Scherr
Scott Scherr
answered on Mar 15, 2022

If you are being sued in Maryland, you can look up your cases on Maryland Judiciary Case Search. All civil lawsuits in state court should appear.

1 Answer | Asked in Consumer Law for Maryland on
Q: Hello I'm reaching out to find out if I am being scammed

I received a call from two different companies about a debt that is not mine. How can I find out if I'm dealing with identity theft or a scam?

Scott Scherr
Scott Scherr
answered on Mar 15, 2022

It very well could be a scam. Do not provide any personal information. Tell them to send proof of the debt by regular mail.

1 Answer | Asked in Consumer Law for Maryland on
Q: Unlicensed contractor stole money and isn’t giving it back
Scott Scherr
Scott Scherr
answered on Feb 16, 2022

You can sue the unlicensed contractor for the money. An unlicensed contractor can even be sued for money paid for services performed since he was unlicensed.

You can also file criminal charges for theft and working as a contractor without a license. The court can order restitution as part...
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1 Answer | Asked in Consumer Law for Maryland on
Q: Just found out that my contractor is unlicensed and has made a mess. Fired him and hired licensed contractor.

Unlicensed contractor owes me thousands and I believe stole money and medication from me

Also claimed to be licensed and insured!!!

Mark Oakley
Mark Oakley
answered on Feb 14, 2022

If this was a home improvement project (construction work/remodel on your residence) then file a complaint with the MHIC. You cannot get any money from them, but they will bring criminal charges against the unlicensed contractor, and the judge in the criminal case can order monetary restitution... Read more »

1 Answer | Asked in Car Accidents, Consumer Law and Products Liability for Maryland on
Q: Am I legally obligated to pay a repair bill to a car repair service center if they damaged my vehicle,

They had my vehicle for several months. When it was just about ready, it fell off the car lift and sustained damages totaling my vehicle. Their insurance company wrote it off as a total loss and is offering me a just and fair offer for compensation. The service center is still requesting me to... Read more »

Eric Todd Kirk
Eric Todd Kirk PRO label
answered on Feb 9, 2022

They never returned a repaired car to you. They did not live up to their end of the contract. I would not be inclined to pay the bill. You can submit the bill to their insurer and ask them to pay it.

1 Answer | Asked in Consumer Law for Maryland on
Q: How can I obtain the rights to my photographs from a photographer free of watermarks?

Recently, I had family photos taken by a photographer. Prior to the on site shoot the photographer and I discussed, through text message, watermarks on the photos as well as the use of the photos. He stated the final product would not have the watermark and we could use the photos at our... Read more »

Mark Oakley
Mark Oakley
answered on Jan 25, 2022

You have a contract, I hope, which is written. The terms of payment are or should be stated, as well as what you are paying for exactly and what the photographer is to provide for that payment. Without reviewing the terms of the contract, it is impossible to advise you. As a general matter,... Read more »

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