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New York Consumer Law Questions & Answers
0 Answers | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for New York on
Q: How to negotiate total loss settlement after accident in NY?

In New York, someone crashed into my 2014 Honda CR-V EX-L with 150,000 miles, and their insurance company accepted responsibility but deemed it a total loss, offering $9,000. I believe the car, in perfect condition with regular maintenance, is worth more. I am concerned about covering extra costs... View More

0 Answers | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for New York on
Q: Can I negotiate a total loss insurance offer for my 2014 Honda CR-V in NY?

In New York, someone crashed into my car and was found at fault by their insurance company, which accepted responsibility. They deemed my 2014 Honda CR-V EX-L (middle trim) with 150,000 miles a total loss and offered me $9,000. I believe the car is worth more, as it was in perfect condition with no... View More

0 Answers | Asked in Consumer Law and Internet Law for New York on
Q: How can I request a refund for a product with no visible return policy?

I purchased a stock trading membership online from Investors Alley on 4/5, expecting a 60-day guarantee, but I can't verify this as the Market Momentum product is no longer listed anywhere, including on their website or my receipt. The company offered an additional product after I contacted... View More

0 Answers | Asked in Consumer Law, Identity Theft, White Collar Crime and Criminal Law for New York on
Q: How can I resolve debt from an online scam involving false legal claims?

I became acquainted with someone online who claimed to need financial help to leave a difficult situation involving prostitution. I provided money to her and her supposed lawyer, Chris Chambers, but later found myself deeply in debt without resolution. This issue has been ongoing for a year and a... View More

0 Answers | Asked in Landlord - Tenant, Consumer Law and Real Estate Law for New York on
Q: Seek legal help to sue landlord for power shut-off and apartment damage issues.

I want to take my landlord to court because he got the power shut off in the middle of winter, and there has been damage to the apartment caused by his workers. I've tried resolving this through texts and phone calls, but he claims that the damages are my fault because I won't let his... View More

1 Answer | Asked in Medical Malpractice, Personal Injury and Consumer Law for New York on
Q: Received wrong medication and suffered side effects in New York, what are my legal options?

I was mistakenly given Metformin, a diabetes medication, by my pharmacy, even though I do not have diabetes. I have been taking it for over three weeks, experiencing diarrhea, vomiting, and a reduced appetite. I have proof that they dispensed the wrong medication. I plan to visit the pharmacy... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 18, 2025

Sorry to hear what happened to you. Without minimizing what you went through, temporary vomiting and diarrhea, without more, will not justify the time and expense of a malpractice lawsuit. You should certainly report the matter to the pharmacy and perhaps try to get reimbursed for any medical and... View More

2 Answers | Asked in Real Estate Law, Contracts and Consumer Law for New York on
Q: How can I terminate a property purchase agreement due to undisclosed defects and cooperative debt?

I entered into an agreement to purchase a property on [date of agreement], but I need to terminate the contract due to several serious issues. During an inspection on [date of inspection], significant defects were found requiring expensive renovations and posing health risks. Additionally, I... View More

Jack Mevorach
Jack Mevorach
answered on Apr 8, 2025

Generally, you'll need language in the contract in order to rescind it. Sometimes a statute or case will provide a way out.

Jack

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1 Answer | Asked in Banking and Consumer Law for New York on
Q: A bank teller deposited a check for $3,740 instead of $2,740; tenant wants to pay less. How to resolve?

A bank teller at a local branch deposited a rent check for $3,740 into my checking account. The check was actually written for $2,740, but there was an error in entering the amount, with the number intended to be 2 being entered as 3. This error resulted in the check appearing as $3,740. The check... View More

James L. Arrasmith
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answered on Apr 8, 2025

To resolve this situation, the first step is to get in touch with the bank where the deposit was made. Explain the error in the deposit amount and ask them to investigate. The bank might be able to reverse the excess deposit or correct the amount on their end. Be sure to provide all relevant... View More

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: Chiropractor payment plan cancellation issue

I signed up for a one-month payment plan with my chiropractor, but they now claim the agreement was for two months. I felt better after the first month and clearly expressed my desire to cancel before the second month began. However, the chiropractor refused to cancel, stating the plan was for two... View More

James L. Arrasmith
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answered on Apr 11, 2025

It’s frustrating to feel trapped in a payment plan you never fully agreed to, especially after you've already expressed your desire to cancel. In New York, for a business to enforce a contract—especially one involving recurring charges—they need to clearly disclose the terms in writing... View More

2 Answers | Asked in Banking, Consumer Law and Contracts for New York on
Q: Is this Canadian loan offering with upfront payments legit?

I got approved for a $5,000 personal loan from a private lender in Canada. However, I have terrible credit, so they said that, as collateral at 18 percent interest, I need to make 4 loan payments upfront before they deposit the loan. They provided me with a contract and require the collateral... View More

Jack Mevorach
Jack Mevorach
answered on Apr 1, 2025

Sounds like a scam. Don't do it.

Jack

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4 Answers | Asked in Landlord - Tenant, Personal Injury, Consumer Law and Real Estate Law for New York on
Q: Landlord didn't disclose lead paint, child affected, options?

I signed a lease agreement for my rental property, but my landlord did not disclose any information about possible lead paint. I recently discovered that my child has lead in his system. The landlord has offered $2,500 to help us move out. What are my legal options in this situation?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 31, 2025

Sorry to hear what happened to your son. There is no safe lead level in the blood which can cause developmental delays in children. Depending on your son's lead levels and whether it can be causally connected with your apartment, he could have a viable claim against the landlord for lead... View More

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1 Answer | Asked in Consumer Law for New York on
Q: How to verify authenticity of Perfill LW product's CE mark and details?

I purchased a skin injection product called Perfill LW from a third-party seller, which is claimed to be based on exosome technology and displays a CE mark, number 1984. However, I am unsure if the product is genuinely based on exosome technology or if the CE mark is authentic. I have not been able... View More

James L. Arrasmith
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answered on Apr 12, 2025

To verify the authenticity of the CE mark on the Perfill LW product, you can start by checking the European Commission's database of products with CE markings. The CE mark is supposed to be registered and verified for certain product categories, including medical products. You can visit the... View More

1 Answer | Asked in Stockbroker Fraud, Consumer Law and Securities Law for New York on
Q: Was contacted by Stockyard Holdings Group to waive timeshare shares; is it a scam?

I was contacted by a brokerage firm named Stockyard Holdings Group by phone, asking if I would waive my shares of my timeshare. They want me to sign a certificate of dividends or waive my right to shares, stating that I would lose over $600 per share. Is this a scam, and what should I do to verify... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s good that you’re being cautious about this offer. Contacting you about waiving your timeshare shares, especially with an unusual offer like signing a certificate of dividends or losing a certain amount per share, is definitely a red flag. Scams often use pressure tactics like this to trick... View More

1 Answer | Asked in Consumer Law, Insurance Defense, Car Accidents and Personal Injury for New York on
Q: Is it legal for a lender to only apply part of gap insurance payout to loan?

In a no-fault collision case in New York, my lender received payments from both the auto insurance of the guilty party and my NY Gap Insurance. However, they only applied part of these payments to my remaining loan balance and labeled it as a "rebate." They never provided an explanation,... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like your lender may not be following the terms of your loan agreement. Typically, when you have gap insurance, the payout is meant to cover the difference between your car's value and your remaining loan balance in the event of a total loss. If your lender received both the auto... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Gov & Administrative Law for New York on
Q: Amerigas cut off propane service without notice; possible violations of consumer rights.

I recently moved and set up auto deliveries with Amerigas, mistakenly assuming auto payments were set up as well. On the morning of March 25th, I discovered my propane service had been cut off without any prior communication or notice, leaving my home cold and smelling of propane. I immediately... View More

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answered on Apr 12, 2025

It sounds like you're facing several issues with Amerigas that may be in violation of consumer rights. In New York, heating fuel providers are required to follow specific rules, including providing proper notice before disconnecting service and allowing consumers the right to purchase their... View More

1 Answer | Asked in Consumer Law and Intellectual Property for New York on
Q: Is it legal to remove DRM from Kindle ebooks for personal use in New York City?

I've purchased several Kindle ebooks, but I recently learned I own a license to read them rather than the books themselves. I want to transfer a few of these ebooks to my Kobo reader device, which is not Amazon-compatible, using Calibre and a plugin to remove DRM. Is it legal to remove DRM for... View More

James L. Arrasmith
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answered on Mar 23, 2025

The legal situation around removing DRM (Digital Rights Management) from ebooks varies by jurisdiction. In the United States, the Digital Millennium Copyright Act (DMCA) generally prohibits circumventing technological measures that control access to copyrighted works. However, the Library of... View More

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: Company requests depositing $2,450 check, sending $1,800 to another party; unusual payment request after voice acting.

I provided voice acting services to a company for $650.00, outlined in a contract. However, they sent me a check for $2,450.00, asking me to deposit it and then send $1,800.00 to a video production team. The company promised to provide the team's contact information only after I deposit the... View More

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answered on Apr 11, 2025

You're absolutely right to feel uneasy about this situation—it has several red flags that suggest it may be a scam. Legitimate companies typically pay you only the amount you’re owed, directly to you, and don’t ask you to forward money to another party, especially without verifying who... View More

1 Answer | Asked in Business Law, Car Accidents and Consumer Law for New York on
Q: Legal options for co-signer after brother's car accident and loan issues in NY?

I co-signed my brother's car loan in New York, and he recently got into an accident. The car was parked on a lot for 10 months, accruing a $10,000 parking fee. Even after contacting the impound department, I received no communication regarding options to deal with the situation or purchase the... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you're in a difficult situation, as co-signing on a loan means you're legally responsible for the debt if your brother doesn't pay. However, the lender's lack of communication regarding the impounded car and your brother's situation is concerning. You should... View More

1 Answer | Asked in Consumer Law, White Collar Crime and International Law for New York on
Q: Can a foreign government file a lawsuit against me for alleged involvement in a scam?

I was the victim of a romance scam from 2017 to 2020, with the scammer based in Nigeria while I am in the United States. After cutting ties with the scammer, federal agents and lawyers have contacted me, claiming that the Nigerian government is filing a class action lawsuit against me for $122,000... View More

James L. Arrasmith
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answered on Mar 21, 2025

You should be very cautious when receiving such claims because foreign governments rarely file lawsuits against individuals in this manner. It is common for scammers to use intimidating language, fake case numbers, and urgent payment requests to pressure you into making a mistake.

You can...
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1 Answer | Asked in Consumer Law and Civil Litigation for New York on
Q: How can I recover my $20,000 loan from a subpar ultrasound program?

I am currently enrolled in an ultrasound program at a school that has proven to be inadequate, with outdated materials and no graduation date given. As a result, I want to withdraw from the program and recover my $20,000 private loan. I have contacted the school and loan company, but both state... View More

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answered on Apr 12, 2025

It sounds like you're dealing with a disappointing situation with the ultrasound program, and it’s understandable that you want to recover your loan. Since the program appears to be inadequate and not meeting its promises, you may have grounds for a legal claim. Start by documenting... View More

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