Get free answers to your Consumer Law legal questions from lawyers in your area.
My brother signed an Assignment of Benefits (AOB) form with a roofing company to repair the roof without understanding the implications. He is not listed on the insurance policy or the home mortgage, but the contract states they will retain 35% of the insurance payout if canceled. My brother wants... View More 
answered on May 15, 2025
The roofing company's contract is not enforceable because it was signed by someone who lacks the authority to act on your parent's behalf. Your brother is not on the hook for anything because he has not breached the contract. If canceled, the roofing company is entitled to 35% of the... View More
I am concerned about a situation where my fiancé, who applied for a hotel job, had a background check run on her. However, the hotel also ran a background check on me without my consent or knowledge. There was no disclosure indicating that associates or household members would be checked, and we... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025
You're right to feel alarmed—running a background check on someone without their knowledge or consent is a serious matter. In the United States, background checks for employment are regulated by federal law, specifically the Fair Credit Reporting Act (FCRA). Under the FCRA, employers must... View More
Someone created a fake Facebook account using my name, incorrectly spelled as "Blaize Stephens," and contacted a tow truck company to haul away two cars for $300 from a property I’ve never visited. The tow truck driver didn’t have the owner’s written consent, yet I am charged with... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025
I'm really sorry you’re caught up in this nightmare—being falsely accused of a crime because someone impersonated you online is frightening and overwhelming. The good news is that you have evidence showing the account wasn’t actually yours and that the tow truck driver acted without... View More
I was served with a summons to appear in Missouri's St. Louis County Associate Circuit Court on June 30, 2025, for defaulting on an online loan which was sold or transferred. Am I able to contact the plaintiff to make arrangements before going to court?
answered on May 9, 2025
You are free to contact the attorney and to try to work out a settlement. If enough money is at issue and you are concerned about your credit, I suggest you hire an attorney to represent you. If you show up at court on your own, you'll likely enter into a consent judgment, which is a... View More
I live in Missouri and was informed by Rhonda that my name was on a list from an organization, suggesting I might be eligible for funds. I later discovered this involved continually paying fees through bank transfers and gift cards with Rhonda voluntarily helping me financially, knowing the process... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025
If Rhonda gave you money voluntarily, without any written or spoken agreement that you would repay her, then you likely are not legally obligated to pay her back. In Missouri, as in most states, a gift is not considered a debt. If she provided funds with full awareness of the situation and didn’t... View More
I went car shopping last summer with my dad, and while we were at a dealership checking numbers to see if I could afford a vehicle, the dealership ran my dad's credit at least 12 times without us signing anything. This action significantly dropped his credit score from the 700/800s to the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025
That must have been really upsetting, especially since your dad didn’t authorize multiple credit checks. When a dealership runs credit without proper permission, it can absolutely damage a person's score and cause lasting headaches. Fortunately, there are steps you can take to fight back and... View More
I'm a high school student, and I agreed to a deal with someone on Instagram where I paid $100 for online tutoring on making money. I signed an agreement with terms that if I backed out, I would have to pay a $1,000 fee. I paid $100 but decided to leave a week later without receiving or taking... View More
answered on Apr 28, 2025
I should note that no attorney can accurately assess the ramifications of a contract without reading it in its entirety. That said, I will offer the following:
First, how old are you? Under Missouri law, you are not competent to enter into a contract until you are eighteen (18) years old.... View More
Can I sue the other driver for a head-on collision that totaled my vehicle and caused me injuries, including whiplash? The other driver's statement to the police was inaccurate, and a witness provided a statement not included in the report. My insurance declared me not at fault, but the other... View More
answered on Apr 8, 2025
You may have to file a lawsuit against the other driver to not only seek damages related to your injuries but also the damages to the car. Did you seek medical attention right after the wreck?
I saved photos of intimate texts sent in a fraternity group chat without the consent of the parties involved. I did not distribute them and there were no known privacy agreements within the group chat. I do not intend to share them. Can I be sued for this?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2025
Saving intimate texts without consent, even if you haven't shared them, could potentially expose you to legal risks depending on your location and the specific content. Laws around privacy, consent, and digital communications vary widely by jurisdiction, and fraternity communications may have... View More
I received letters stating that I was enrolled in a Medicare Advantage plan, but I never gave permission or had any prior interactions with them. Fortunately, I haven't experienced any financial or medical issues due to this unauthorized enrollment. Do I have any sort of case to pursue actions... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
It sounds like you’ve been enrolled in a Medicare Advantage plan without your consent, which can be a serious issue. Medicare regulations require that enrollment in any plan must be authorized by the beneficiary. If you did not authorize this enrollment, the company may have violated your rights... View More
I was charged multiple times by Google for a season pass for the Call of Duty game. These duplicate charges total over $2,000 and occurred on February 9th. When I noticed this on February 13th, I contacted Google, but they directed me to the developer, who then directed me back to Google. After... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2025
You're facing a frustrating situation with those duplicate charges from Google. When companies bounce you back and forth like this, it often helps to escalate the issue by filing a formal complaint through Google's payment dispute form, which specifically handles billing errors. Be very... View More
I took my Mercedes back to the dealership where I purchased it after discovering a coolant leak. The dealership performed a diagnostic on 1/27/25 and recommended repairs costing $1,119.19 that were not covered by the warranty. After picking up the car on 2/3/25, I noticed a check engine light,... View More
answered on Mar 26, 2025
You "have a case" if you file one. Whether you'll win will depend on a variety of factors.
In general, in Missouri, “in every contract to perform work there is an implied agreement that the work will be done in a skillful and workmanlike manner.” Baerveldt &... View More
I recently had an uninsured motorist run into my house, causing damage to the porch, patio, and yard. I've filed a claim with my homeowners insurance, which will cover the porch and patio repairs. A police report was filed, and I have the motorist's information, but no legal action has... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2025
Find out if citations were issued against the driver, then go to Court as a victim looking for restitution. A guilty plea will be negligence per se for any civil suit. Read your home policy, as it may prohibit you from suing for money that is an insured risk where the ins co is subrogated to.... View More
I bought a computer from a company, and they mistakenly sent me a monitor along with the computer. The package was correctly addressed to me. The company contacted me via email today, March 3, 2025, requesting that I return the unordered monitor that I received on February 28, 2025. I have not... View More
answered on Mar 3, 2025
Just because a company makes a mistake, does not mean you get a windfall. The company is legally permitted to require you to return the inadvertently delivered item. However, the company cannot require you to incur any expense associated with the return.
I purchased a car from a dealership in Missouri on 2/27/2025. During the signing process, which took from 1:00 to 5:30 PM, I felt pressured and repeatedly expressed to the finance officer that my brain was fried and I couldn't understand everything he was saying. I was under the impression I... View More
answered on Mar 2, 2025
Contrary to the public’s perception, there is no rescission right for contracts under Missouri law except for gym memberships and door-to-door sales.
I purchased a used car with a 60-day warranty from a dealer in June 2024 in Kansas City. Within this period, I had to replace the engine, radiator, hoses, and work on the transmission, totaling over $10,000 in repairs. I sent two letters to the dealer with the repair bills but received no response.... View More
answered on Feb 20, 2025
If you complied with the warranty provisions in getting the repairs, you can pursue a claim for breach of contract and possibly a violation of the Missouri Merchandising Practices Act. Typically you are required to get the work completed by the dealer that sold you the car, or if it doesn't... View More
I asked Capital One to flag some transactions as fraud, but later realized one was not fraudulent and informed them. Though Capital One closed the case in late December and allowed that transaction to proceed, PayPal claims they haven't received the "Closed Case" notification.... View More
answered on Feb 20, 2025
A lawyer can sent a letter and that might get taken more seriously than communication from a non-attorney.
I got into a bad financial situation with Fingerhut due to my limited income and the passing of my husband to years ago. I live on a fixed income and I'm not making ends meet now. This will completely destroy my life if I can't find some answers.
answered on Feb 12, 2025
Options include bankruptcy, allowing a default judgment, defending the case, hiring counsel, or negotiating on your own.
I'm an owner Operator of 1 truck trucking company. I gave Love's $3,000 for a secured credit to get fuel. After the 1st week I didn't like it. I called them to cancel. I only used $2,500 of the $3,000. They owe me $500. I was told I won't receive that and they go into my bank to... View More
answered on Dec 24, 2024
Unless your contract has an arbitration agreement that precludes a lawsuit, then you may sue. If your company is the plaintiff you may represent it in small claims court, but if a trial de novo is sought you’ll end up having to hire counsel and spending a lot of money fighting over a small sum.
Is there any recourse for this?
answered on Oct 18, 2024
Buying a used car from a private seller can be tricky, especially when you end up with a huge repair bill like that. In Missouri, private sales are generally "as-is," meaning once you buy it, you take on the risk of any repairs or issues unless the seller gave you specific promises about... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
