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Maryland Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Maryland on
Q: Just recently my furnace and water heater would not stay on. I called the company that installed the furnace.

After several visits and over $2500 spent on what they said was wrong, it was just a $179 thermostat that was bad. What are my options?

Mark Oakley
Mark Oakley
answered on Feb 28, 2023

(1) File a complaint with the Maryland AG's Office of Consumer Protection; https://www.marylandattorneygeneral.gov/Pages/CPD/Complaint.aspx

(2) File a complaint with the MD Dept. of Labor, which licenses HVAC companies and has a complaint process;...
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1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: I ordered and put down a deposit on a 2022 Ford Maverick. The dealership just sold the vehicle out from under me.
Mark Oakley
Mark Oakley
answered on Feb 14, 2023

Read your contract. The fine print. Did they promise you a specific vehicle by VIN#? Does the contract say they may get you an equivalent vehicle and may choose to sell the specified car to someone else? Does the contract say your sole remedy is return of your deposit or acceptance of a similar... View More

1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: Allstate insurance has been overcharging my account for months. Sometimes 2-3/per month. What are my rights?

This is for car insurance. Bank statements and the Allstate app for customers show that the account has been over charged. They are threatening to cancel the policy if additional payment is not made immediately.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Feb 21, 2023

With any billing question it may be helpful to first review in detail the fine print of the insurance contract and/or ask the person/company imposing the charge to show you where in the contract gives the right to impose such a charge. For example, a contract might impose an "installment... View More

1 Answer | Asked in Consumer Law, Collections and Elder Law for Maryland on
Q: A debt collector is attempting to collect a debt over 15 yo from my elderly parents who are MD. Is that possible?

By the way, I read that a debt collector per the State of MD cannot collect on a debt that is more than 3 years old. The debt is over $2,000 but they (Lake City Credit) will settle for $300.

Mark Oakley
Mark Oakley
answered on Jan 19, 2023

The statute of limitations for debts is 3 years, meaning a lawsuit must be filed within 3 years of the debt becoming due, or the debtor can move to dismiss the court action as beyond the statute (limitations is an "affirmative defense" that must be raised by the defendant or it is... View More

1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: Should I pay for a renewal?

I signed for a Bootcamp in Baltimore on September 2022, I didn't realize they had a renewal clause in the agreement which I signed. I signed only for a month and I stopped going to the bootcamp.

Now, on December I received a charge on my credit card for 1.600$ from the bootcamp.... View More

Mark Oakley
Mark Oakley
answered on Dec 28, 2022

Without reading the contract terms and reviewing any consumer protection statutes that might apply to your situation, it is difficult to fully evaluate what legal rights you may have to contest the renewal directly. For instance, healthclub memberships are not allowed to contain automatic renewal... View 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... View 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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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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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