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New York Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Business Law and Constitutional Law for New York on
Q: NYC a clause to be exempt from taking my Personal Bill paying money, should i add the CPRL 1012 to the OTSC in NYC?

Can you help? My account seized, no prior notice. Being a herd ship case as per the CPRL’s predicate. Seems "would apply. Exemption states money be personal & 90% of all profit there be exempt. Was my constitutional rights destroyed by seizing$? The acct. were ONLY Non-Contracting... View More

James L. Arrasmith
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answered on Oct 18, 2023

From the information provided, it seems you are referring to New York's Civil Practice Law and Rules (CPLR), particularly sections related to exemptions from money judgments and possible orders to show cause (OTSC). If you believe that CPLR 1012 applies to your situation, you could consider... View More

1 Answer | Asked in Consumer Law and Banking for New York on
Q: NYC: Recently my bank account seized, Never heard anything before my bank told-me, I filed an OTSC, as i am also 90%...

In NYC, my Bank Acct Seized, No prior notice, seems I am exempt due to the CPRL and being a hardship case. Due to as listed in the CPRL's that 90% of all my , or any profits, are personal, and were in that acct. to do what i have been, put-there from personal money to Pay-Bills yet NO profit... View More

James L. Arrasmith
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answered on Nov 4, 2023

If you've already filed an Order to Show Cause (OTSC) and believe that CPLR 1012 applies to your situation, you can request permission from the court to amend the OTSC to include this additional statute. This request should be made as soon as possible and explain why CPLR 1012 is relevant to... View More

1 Answer | Asked in Consumer Law, Small Claims and Medical Malpractice for New York on
Q: Optometrist will not replace lenses even though they advertise 1 year warranty for exam and prescriptions.

The 1st prescription called for prism. They gave me headaches. They re-examined and eliminated the prism at no cost. These lenses left me with blurry vision. I went to my Gloucoma Ophthalmologist who said I have unusual problems with my vision (due to prism), and referred me to another speciaist... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 16, 2023

Your post does not include a question. You need to review the exact terms of your warranty to see whether it includes the original cost of your lenses and not just the replacement cost and whether the warranty can be triggered by the recommendation of a different optometrist / ophthalmologist.... View More

1 Answer | Asked in Consumer Law for New York on
Q: This guy started but didnt complete a autobody job on my vehicle. I have multiple texts confirming. Will i win in court?

I engaged the services of an individual to rectify a flawed Bondo repair on my vehicle's quarter panel. Regrettably, this individual initiated the work but failed to complete it, subsequently evading any attempts at communication. I possess a collection of text messages corroborating his... View More

James L. Arrasmith
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answered on Nov 4, 2023

In court, the strength of your case will depend on the evidence you present to demonstrate that the individual agreed to perform a service and failed to complete it.

Text messages confirming the agreement and the unfinished work may serve as significant evidence. Small claims court is...
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3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for New York on
Q: If a case is reassigned in federal court to a different judge, do previously submitted motions need to be resubmitted?

If, in a federal civil action, a case is reassigned from a magistrate judge to a district judge and all hearing dates are vacated with the order that "motions must be renoticed for hearing before the judge to whom the case has been reassigned," does that mean the previously submitted... View More

Marco Caviglia
Marco Caviglia
answered on Sep 9, 2023

Generally, reassignment of a case does not mean it starts all over again. That goes for motions which were filed and presumably decided already. The rulings are considered the law of the case. Essentially, the new judge picks up where the former judge left off.

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1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Small Claims for New York on
Q: Got chemical burns to my face and scalp, from Blonde Solutions hair products applied by their Educator. who do I sue?

After visiting a dermatologist, I found out the person listed as an Educator was an Unlicensed stylist.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 8, 2023

Sorry to hear what happened to you. If the educator was the individual who applied (or misapplied) the hair product in question, you would arguably sue that person along with his or her employer (assuming the educator was acting within the scope of employment). In the meantime, take photographs... View More

1 Answer | Asked in Consumer Law, Copyright, Intellectual Property and Internet Law for New York on
Q: The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways.

The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while... View More

James L. Arrasmith
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answered on Aug 29, 2023

In California, modifying a digital product post-purchase may or may not violate laws depending on the terms of service or end-user license agreement (EULA) that customers agreed to at the time of purchase. If the terms explicitly reserve the right to make changes to the digital content, the company... View More

2 Answers | Asked in Collections and Consumer Law for New York on
Q: How do i stop collection agency harassment? In addition to calling me several times a day they also contact others

They also call family members about me. If i answer the phone no one responds. They either hang up or just breathe into the phone

Scott L. Lanin
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Scott L. Lanin
answered on Aug 27, 2023

One thing you might consider doing is to write a letter to the collection agency to dispute the charge, request debt validation, and request copies of all underlying documents including the original credit agreement or contract, payment history, invoices and statements, and demand letters. They may... View More

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3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for New York on
Q: What is the process of suing a company? I unknowingly purchased food that contained bugs in it, how do I sue?

I have the receipt, I took pictures of the barcode, etc. I also took the pictures of the bugs and what looked like holes within the black-eye peas.

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2023

If you are contemplating using an attorney, they would advise. If you are interested in handling the claim yourself, there are resources online. If you consult with an attorney, one of the first questions raised will be the extent of damages you suffered. I hope you're okay, but unless there... View More

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1 Answer | Asked in Consumer Law, Civil Litigation and Libel & Slander for New York on
Q: A Company calls people that dont' like censorship creeps. is this slander?

there's a product called "skullgirls" that has remained RELITIVELY uncensored but now is very censored... in strange an inconsistent ways.

i've been trying to contact the game companies Autumn Games, Future Club and Hidden Varriable studios... to no avail. and a lot of... View More

James L. Arrasmith
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answered on Aug 29, 2023

Calling individuals "creeps" and "predators" could potentially be considered defamation, depending on the context and whether the statements are presented as facts rather than opinions. To have a viable defamation claim in California, you would need to prove that the statement... View More

1 Answer | Asked in Consumer Law, Copyright, Civil Rights, Gaming and Intellectual Property for New York on
Q: Doesn't censorship of a product after point of sale present some legal challanges?

What of censorship in general? the freedom of speech and exspression mean nothing when there's no one or no way to hear it.

I'm very concerned about the pressures from many special interest groups and diverse and even opposing political parties trying to control or cancel people... View More

James L. Arrasmith
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answered on Sep 11, 2023

You have raised a multi-faceted issue that encompasses both the legal domain and the evolving norms in society.

From a legal standpoint, private companies like game developers and publishers generally have a broad latitude to modify their products as they see fit, including post-sale. This...
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2 Answers | Asked in Consumer Law, Entertainment / Sports, Gaming and Small Claims for New York on
Q: If compulsory censorship happens to a digital good, artbook or game AFTER a sale. is that effectively theft?
T. Augustus Claus
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answered on Aug 10, 2023

Compulsory censorship of a digital good, such as an artbook or a game, after a sale may not be considered theft in the legal sense, but it could potentially lead to other legal issues or breaches of contract, depending on the circumstances and the terms of the sale or licensing agreement.... View More

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1 Answer | Asked in Consumer Law, Contracts, Health Care Law and Personal Injury for New York on
Q: I found feces marks on my hotel sheets and the house manager said that she didn’t inspect the room, should I sue?

My mom and I went to a hotel in the city. While I was in the bathroom, she was fixing the sheets. She was trying to fix the bed before leaving and found feces marks on the sheets underneath the sheet that she was laying on. The hotel has a cleanliness policy and this is violating it. Should we sue... View More

Jacqueline A. Cara
Jacqueline A. Cara
answered on Aug 14, 2023

In order to have a viable cause of action to sue, you will have to prove damages. That means that you incurred injury or cost related to the incident. If, for example, the hotel refused to correct the issue and you had to get a different room at your expense, that might be sufficient damages.... View More

1 Answer | Asked in Consumer Law, Business Law and Collections for New York on
Q: A company issues a credit not a charge to a credit card how long do they have to correct their mistake and bill me

I purchased a new kitchen install and the company charged me twice. I disputed one of the charges and they credited me for both charges. Example//I owed $10,000. They billed my credit card $20,000. I called and disputed $10,000 and they credited my account $20,000 leaving me a balance due of $-0-... View More

Michael David Siegel
Michael David Siegel
answered on Aug 4, 2023

They have six years, as the payment is the subject of a contract between you and the installer. The credit card has a shorter statute but the claim lies with the installer, not the bank.

1 Answer | Asked in Consumer Law for New York on
Q: Am I able to sue someone for not paying the car loans my friend agreed to paying?

My friend wanted to get 2 cars under my name to use it for a taxi service and that he would pay for it. I agreed and I am in $120,000 in debt because he didn’t pay it.

Michael David Siegel
Michael David Siegel
answered on Jul 25, 2023

Yes, your friend, if you can prove he agreed to pay with something in writing.

1 Answer | Asked in Consumer Law, Business Law and Internet Law for New York on
Q: The web host I've been with for more than 20 years just disabled my account because of a dispute with Discover Card.

I put in a dispute about a $100 unexplained fee with Discover, so they deactivated my account without notice. I now have no email on those accounts. Is it legal to do this without notice? I sent in many trouble tickets asking them what the fee was for but never got a solid answer. This is affecting... View More

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2023

There are attorneys who specialize in IT matters, but your question remains open for a week. Until you're able to consult with one, from the standpoint of contract law, it could depend on your hosting agreement. It's possible the payment dispute was treated as a breach of the agreement,... View More

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: I took my vehicle to have new brakes put on, the mechanic did more than I approved without my permission, is it legal

They gave me a bill for 713.00 because they went ahead and replace things I didn't ask them to replace, I haven't paid them until I can find out if they had a right to do that , they didn't call and ask me about the other items they repl

T. Augustus Claus
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answered on Jun 27, 2023

A mechanic generally cannot perform repairs or replace parts without the customer's approval unless there is an immediate safety concern. If the mechanic performed unauthorized repairs and charged you for them, you may have grounds to dispute the charges and seek a resolution, potentially... View More

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: Where can I find all of the Federal & NY State laws which regulate the Credit Repair Industry?
Tim Akpinar
Tim Akpinar
answered on Jun 25, 2023

This is something that the collection attorneys and banking attorneys here would know best. But your question remains open for two weeks. Until you reach an attorney who is knowledgeable in this area, a starting point in terms of regulatory agencies for guidance could be the Federal Trade... View More

1 Answer | Asked in Consumer Law for New York on
Q: Quest billing $4,500 for labs where the allowable amount is $375

I saw a doctor licensed in Florida virtually in New York. They ordered labs for me at Quest, which I thought was covered under my Florida blue cross insurance. I received a bill for $4,500 with the following statement: “The out-of-state Quest Diagnostics location claim processed as... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on May 7, 2023

Under the New York Insurance law and federal No Surprises Act, you may be protected from this “balance billing” tactic, depending on several factors that can be evaluated by your attorney.

1 Answer | Asked in Banking and Consumer Law for New York on
Q: Under the law 15 usc 1662B I’m I required to put a down payment on a auto financing loan Yes or no
Carl Nelson
Carl Nelson
answered on Apr 28, 2023

The section you refer to (I am assuming 15 USC 1662, which does not have a subparagraph "B") deals with advertisements for the extension of consumer credit. It prohibits such an ad from stating that a specified down payment is required *unless* that creditor usually and customarily... View More

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