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New York Consumer Law Questions & Answers
0 Answers | Asked in Consumer Law and Civil Litigation for New York on
Q: Can I sue Polymarket for fraud over shady contracts and $8,000 loss?

I believe I have been a victim of fraud by Polymarket as they create contracts that seem shady and break them whenever it doesn't favor them. This has resulted in my loss of over $8,000. Can I sue Polymarket for fraudulent practices given this situation?

3 Answers | Asked in Car Accidents, Consumer Law and Personal Injury for New York on
Q: How does the Graves Amendment affect a rental car accident case in NY?

My son was injured and hospitalized after being hit by a rental car driver in New York. The police report was filed, and he's been in contact with the insurance company. However, due to the Graves Amendment, the insurance company claims he's only entitled to a maximum of $25,000. How does... View More

Michael Bersani
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answered on Mar 7, 2025

The graves amendment essentially works like this: normally, under New York vehicle and traffic law section 388, the owner of the vehicle is vicariously liable for the negligence of the driver of the vehicle. But when long-term commercial lessor owns the vehicle, the graves amendment kicks in to... View More

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0 Answers | Asked in Criminal Law and Consumer Law for New York on
Q: Concern about consequences after shoplifting incident at Home Depot.

I was caught shoplifting at Home Depot a month ago, but no police were called. They took a copy of my photo ID and said the item would cost me 3 times its worth and to expect something in the mail, but I haven't received anything yet. I'm concerned because I've visited that location... View More

0 Answers | Asked in Consumer Law, Gov & Administrative Law and Health Care Law for New York on
Q: Does NY Fair Medical Debt Reporting Act apply to lab work sent out of state for analysis?

I would like to know if the New York Fair Medical Debt Reporting Act applies to lab work. Specifically, does it apply if your lab draw was conducted in New York, but the specimen was sent out of state for analysis by the same company? I haven't received any collection notices yet, but I'm... View More

0 Answers | Asked in Health Care Law and Consumer Law for New York on
Q: Is it legal for Fidelis Care to charge after termination?

My boyfriend had an individual health insurance policy with Fidelis Care, which was terminated in January due to a late payment. Despite the termination, they continue to charge him over $200 monthly, amounting to over $700, although he cannot use the plan. Fidelis Care refused to offer a payment... View More

2 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for New York on
Q: Can I claim compensation for a head injury on a NYC tour bus?

I was injured on a tour bus in NYC when I hit my head on a TV screen at the front of a 'hop on hop off' bus. I needed two staples in my head, which we paid for and are trying to claim back through our travel insurance. The incident happened on February 22nd, the day we arrived, and has... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 6, 2025

Sorry to hear what happened to you. Although you can certainly seek compensation from the bus operator for your injury, there needs to be some fault on the part of the tour bus. The television screen is arguably an open and obvious condition about which the bus company does not need to warn... View More

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0 Answers | Asked in Consumer Law, Civil Rights and Internet Law for New York on
Q: Can I hire a lawyer from a nearby state to sue a company from overseas?

I have been living overseas for 3 years, and I'm looking to change my last residency in the US to another state. I want to sue an online company headquartered in a different state for violating my consumer and civil rights. The company has ignored my requests and pointed to their terms and... View More

1 Answer | Asked in Landlord - Tenant and Consumer Law for New York on
Q: Is paying security deposit via wire transfer legitimate before signing lease?

I was recently approved for an apartment and have been working with a licensed realtor who is in contact with the building management company. However, I have not yet signed the lease. The landlord is asking for the security deposit and first month's rent to be paid via wire transfer before... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 3, 2025

Dear Manhattan Tenant:

Nothing is illegal about the initial payment request by electronic transmission and subsequent rent payment by check. Although the latter is more or less old-fashioned, it is not illegal. You could also pay by cash, even if the landlord requires a check.

But,...
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1 Answer | Asked in Contracts and Consumer Law for New York on
Q: Looking for NY trial decisions on fraudulent misrepresentation claims.

I am looking for New York trial decisions that support a plaintiff's claim of fraudulent misrepresentation under contract law. The case involves the plaintiff purchasing a service or product from a defendant in the Capital District region of New York, where the defendant made false statements.... View More

Jack Mevorach
Jack Mevorach
answered on Mar 2, 2025

There are various services that offer paid research.

Jack

1 Answer | Asked in Consumer Law, Civil Litigation and International Law for New York on
Q: Legal action in NY for New Zealand visa scam by aunt and agent

I am looking for legal action against my aunt and an agent in New Zealand due to a scam involving a study visa for my sister. We trusted my aunt, who has been in New Zealand for 30 years, and paid 6 lakh Indian rupees to an agent as per her advice. This was for a study visa that never materialized,... View More

James L. Arrasmith
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answered on Feb 27, 2025

You're facing a challenging situation with your aunt and this agent in New Zealand. Cross-border fraud cases require careful navigation of both countries' legal systems, but you do have options to pursue justice.

First, gather all evidence including bank statements, communications...
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0 Answers | Asked in Car Accidents, Consumer Law and Insurance Defense for New York on
Q: Ambulance billed late; liability for bill?

I was taken by ambulance from the scene of a car accident to the hospital, and the ambulance company waited ten months to submit a claim to my car insurance. By then, the claim had been settled and closed. Although they had all my insurance and contact information from the day of the accident, they... View More

0 Answers | Asked in Consumer Law and Real Estate Law for New York on
Q: How to prove ownership for a motorcycle with unclear title history in NY?

I purchased a motorcycle from a seller on Facebook Marketplace, but I discovered the seller was never the registered owner. The previous owner before him is the last titled owner, and I cannot locate this person. The DMV advised me to send a letter to the seller, requesting him to file a duplicate... View More

1 Answer | Asked in Consumer Law, Insurance Bad Faith, Insurance Defense and Identity Theft for New York on
Q: Can I sue my auto insurance for allowing an impersonation leading to a fraudulent driver addition?

I discovered that someone impersonated me to list themselves as a driver on an auto insurance policy I held. This impersonator, believed to be the girlfriend of a friend for whom I was insuring the vehicle, got into an accident with the insured vehicle. I was unaware of this addition to the policy.... View More

Tim Akpinar
Tim Akpinar
answered on Feb 23, 2025

It could depend on how the additional insured made it on to the policy. That might result in an investigation on the part of the carrier. If you approached law firms to discuss such a lawsuit, they may want to first see the carrier's position on covering or not covering claims from the... View More

0 Answers | Asked in Consumer Law and Civil Litigation for New York on
Q: Is it legal for a company to misrepresent AI as a live agent?

I interacted with a company's support system that claimed I was speaking with a live agent when it was actually an AI bot. The company initially lied, stating it was a real person. I confirmed this discrepancy after calling them, and now they are telling a different story. I tried to speak... View More

0 Answers | Asked in Banking and Consumer Law for New York on
Q: Citibank account locked after failed transfer, seeking unfreeze advice in NY.

I have recently opened a new account with Citibank and received my second direct deposit. When attempting to transfer $2,150 to my Capital One account, I received an alert indicating that my access was locked. Upon calling Citibank's fraud department, I was informed that an investigation was... View More

0 Answers | Asked in Consumer Law and Contracts for New York on
Q: Refurbished TV setup issues; Amazon won't refund due to missing box. Options?

I purchased a refurbished TV from Amazon on February 9th. When I tried to set it up, I discovered the website required for setup doesn't work or exist. Amazon refused to issue a refund because I discarded the original packaging, even though the TV can't be set up as sold. I have the... View More

0 Answers | Asked in Consumer Law and Employment Law for New York on
Q: Is being denied a mortgage for being a contractor considered discrimination in NY?

I'm applying for my first mortgage loan in New York and my income is legally sourced as a contract construction worker. I was denied a loan by the mortgage company who stated that I am "too much of a risk" due to my employment status. I received this information via text from my... View More

0 Answers | Asked in Consumer Law, Identity Theft and White Collar Crime for New York on
Q: Instagram scam: accused of inheritance theft, need legal advice.

I was contacted by someone on Instagram about transferring a deceased Iraqi person's inheritance. After agreeing to this, they took my full name and date of birth and later accused me of being involved with Interpol for stealing the inheritance. They have exploited both me and my Iraqi friend.... View More

1 Answer | Asked in Consumer Law and Banking for New York on
Q: I've gotten counterfeit money from a bank ATM. I went directly into the branch & was told its impossible. What can I do?

I've put in claims and they are denied. Basically I can't be reimbursed is what I'm told. Is this true? The error was on their end. I didn't go the any ATM. It was the actual banks' ATM.

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

Interesting question. If you can PROVE that you received the phony money from the ATM, you may have a lawsuit for negligence against the bank which should be expert at spotting a phony bill, even a $20 one. You don't mention the amount, but I assume it wasn't more than a few hundered... View More

1 Answer | Asked in Consumer Law for New York on
Q: Is it illegal for an interest rate to be 24% on a car loan in ny
Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

Different states have different limits on what constitutes usury, a crime, for charging more than the limit. In NYS it is 16% I believe. So how come your car loan is so expensive? There are several legal workarounds that corporations use, including one that allows the charging of excessive... View More

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