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Oregon Consumer Law Questions & Answers
0 Answers | Asked in Consumer Law for Oregon on
Q: I go to a smoke shop to buy cigarettes. They charge my debit card 40 cents. Is this legal?

No matter the size of purchase. They charge me 40 cents on the debit card.

1 Answer | Asked in Consumer Law, Business Law and Trademark for Oregon on
Q: Can a company sell a product from another company and pretending it's their own, by renaming it & removing all branding?

I bought a product (electric tire pump) through a website. The product was advertised as their own product and all pictures/video had no branding on their product. I received the product through Amazon (with gift receipt) . The issue is that the product was from another company, available at 1/3 of... View More

James L. Arrasmith
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answered on Aug 17, 2024

It is not legal for a company to sell a product as their own if they are merely reselling another company's product under false pretenses. This can be considered deceptive marketing and false advertising, which violates consumer protection laws. If they are misleading you by renaming the... View More

1 Answer | Asked in Consumer Law, Insurance Bad Faith and Insurance Defense for Oregon on
Q: Farmers insurance allowed someone to call n cancel my auto insurance without my permission. Do I have legal recourse?

I was at a car dealer 50+ miles from home to buy a car when I found out it was canceled. I drve not know I was uninsured. I was at risk legally n physically had I had an accident. They said someone called n canceled it but it wasn't me. They had the phone number. Not mine or my wife's.

Tim Akpinar
Tim Akpinar
answered on Aug 6, 2024

An Oregon attorney could advise best, but your question remains open for a week. Depending on how defined by the consumer laws of your state, your situation could be a privacy breach - a local attorney should advise on available remedies there. But from a practical standpoint, the standard for... View More

1 Answer | Asked in Bankruptcy, Consumer Law, Lemon Law and Small Claims for Oregon on
Q: Pressured into buying a lemon car. 11 days after it died. They took the car back and are now garnishing me for 18k

When the cars electrical system fried the dealership room to to the dealership and I never got it back and they went to court and I was never notified of court and now they are garnishing me for over 18 K. This was in 2014. What can I do??

James L. Arrasmith
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answered on Jul 31, 2024

You should start by reviewing any documentation you have from the car purchase, the repair attempts, and any communication with the dealership. This will help you understand your rights and obligations in this situation. If you don't have these documents, try to gather as much information as... View More

1 Answer | Asked in Consumer Law and Civil Rights for Oregon on
Q: Is there any recourse to sue the state of Oregon for an increase in cigarette tax?

A few years ago, Oregon put a "vice tax" on the ballet for cigarettes to increase the tax so the cost is double what it should be. A carton that used to cost $40 now costs almost $100. This amounts to having other folks tell me what to do because that tax was, in part, supposed to... View More

James L. Arrasmith
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answered on Jul 28, 2024

Challenging the cigarette tax increase in Oregon would involve examining whether it violates any constitutional rights or principles. Typically, states have the authority to impose taxes for public health reasons, and courts generally uphold these taxes if they serve a legitimate government... View More

1 Answer | Asked in Consumer Law and Small Claims for Oregon on
Q: I have a debt collector threatening to sue me for a medical bill that has occurred in 2006.

Can he do this even though the statue of limitations has expired?

Gregory L Abbott
Gregory L Abbott
answered on Apr 28, 2024

IF the Statute of Limitations has truly passed (likely but depends upon the details), then not only do they likely not have a case, but you may have unfair debt collection practices claims against them. Beware. A common tactic is to try to get you to pay something - even just a few dollars "to... View More

1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Oregon on
Q: can i sue a life insurance agent who signed me up for 2 other life insurance policies I wasn't aware of that cost money?

i had signed up for life insurance with mutual of omaha. they weren't notified I had wanted to stop the policy but the agent didn't tell them 41 days into a 45 grace period but it cost me 3 months. then during this time he signed me up for 2 other life insurance policies I wasn't... View More

James L. Arrasmith
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answered on Mar 22, 2024

If a life insurance agent signed you up for policies without your knowledge or authorization, this could be considered fraudulent activity. Unauthorized use of your personal and financial information to obtain commissions is illegal and unethical.

You may have grounds to sue the agent for...
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1 Answer | Asked in Consumer Law for Oregon on
Q: How much compensation should I ask Wells Fargo to pay me for adding services to my card without my authorization
Gregory L Abbott
Gregory L Abbott
answered on Mar 5, 2024

What direct out of pocket costs did you have due to their error?

1 Answer | Asked in Consumer Law, Contracts and Collections for Oregon on
Q: As the defendant can I file for motion to dismiss after I have submitted an answer to the court in Oregon Circuit Court?
Gregory L Abbott
Gregory L Abbott
answered on Feb 21, 2024

Likely yes, assuming you have adequate grounds and didn't waive your right under Rule 21 when answering.

1 Answer | Asked in Products Liability and Consumer Law for Oregon on
Q: I went to a dealership to get my car fix they diagnose and less then a month my motor exploded

Check engine light was on. They said it was just a misfire on one of my coils they fixed it. They charged us 800 the next day. My car left me at the dentist place with my daughter. My car wouldn’t turn on the car smell like gas and there is smoke coming out of the engine the next day they were... View More

T. Augustus Claus
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answered on Jan 29, 2024

In Oregon, if your car's engine failed shortly after receiving service from a dealership, you may have grounds to pursue a claim under product liability and consumer law. Initially, gathering all relevant documentation, including service records, receipts, and any communication with the... View More

1 Answer | Asked in Consumer Law for Oregon on
Q: My daughter got a $21,000 car loan in my name and purchased a car from Ford.The dealer helped her fill out and lie on

The loan application to the bank. I want to take Ford and the credit union to court

. Do I have a case?

Gregory L Abbott
Gregory L Abbott
answered on Jan 18, 2024

It depends upon the exact facts but likely not. You likely DO have claims against both the daughter and the dealer if you want to pursue them. If you do pursue claims against anyone else, I would expect them to sue your daughter as part of the proceeding - and she sounds to be the biggest culprit... View More

1 Answer | Asked in Consumer Law and Business Law for Oregon on
Q: where can i ask an attorney, for free, a question about the legality of an authorized payment being misapplied

My payment was applied to a whole different despite the Company's representative telling me I would receive a refund by the 19th of December placed back on my SSDI payment card

Tim Akpinar
Tim Akpinar
answered on Jan 16, 2024

An Oregon attorney could advise best, but your question remains open for four weeks. You could ask here, but it looks like your question wasn't picked up. Some questions here go unanswered, but if you wanted to try reposting, there's a section - "Social Security." Attorneys who... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Education Law for Oregon on
Q: I am seeking your legal counsel regarding a series of events that have significantly impacted my housing security

January to May 2023: Rent payments made timely and without incident.

• June 2023: Discussions with the OCB ensured continued support.

• July 2023: Rent payment was missed due to the school’s oversight.

• August to October 2023: Rent payments resumed as per usual.... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 26, 2023

More information is needed. Was July rent ever paid? Was November rent ever paid? If all past due rent was paid within the 10 days specified in the notice, it likely is a defense to any eviction. You say the eviction process continues but they should not have even filed in court to evict until... View More

1 Answer | Asked in Consumer Law and Products Liability for Oregon on
Q: Can the authority ask to see my Amazon order history?

Suppose I have submitted an invoice to get a reimbursement, but the authority asks me to open my Amazon account and wants to see the order history from there. Can I deny it legally?

Gregory L Abbott
Gregory L Abbott
answered on Nov 8, 2023

Sure if you don't mind not being reimbursed.

1 Answer | Asked in Consumer Law and Collections for Oregon on
Q: Why would a debt collector garnish my wages for a certain amount of time and then stop before the debt is paid in full,

only to start again two years later for the same debt on the same case number?

Gregory L Abbott
Gregory L Abbott
answered on Nov 6, 2023

A Writ of Garnishment for wages expires after 90 days and a new one must be served if the creditor wishes to continue garnishing thereafter. The creditor may garnish (or re-garnish) anytime during the time the Judgment is valid. Interest continues to accrue on the debt of course until the earlier... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Collections for Oregon on
Q: Rent a center threats

Rent a center is harassing me threating me with jail and being arrested I paid on time every time I recently went on fmla 4weeks ago and can't pay at the time they won't accept what I can pay I just wanna know my legal rights I live in oregon the rent a center is in washington state can... View More

Jim Boness
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answered on Oct 19, 2023

As far as your question, if you rented from a Rent-A-Center in Washington, the contract probably will be governed under Washington law. Check your contract to see if that is the case. If so, you will need to speak with a Washington licensed attorney.

As far as any rights to keep the...
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1 Answer | Asked in Civil Litigation and Consumer Law for Oregon on
Q: My car was broken into while at a dealership for service. They say they are not liable

My minivan was being held overnight for service at the dealership (located in Oregon). I did not have the opportunity to remove my belongings because I was told the work would be done that day. They did not complete any work and told me they would have to keep it. When I called for an update the... View More

James L. Arrasmith
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answered on Nov 9, 2023

In Oregon, when your vehicle is left at a dealership for service, a bailment is created, which means the dealership may have a duty to take reasonable care of your property. However, the specific terms of the service agreement and the dealership's policies may affect this responsibility. If... View More

1 Answer | Asked in Consumer Law and Antitrust for Oregon on
Q: How do I start a class action lawsuit against Ticketmaster for scalping, or price gouging tickets for a Nov 2023 concert

The tickets were being sold for outrageously high prices and there were third party tickets being sold on the Ticketmaster site with those high prices. When I attempted to buy a ticket the prices were not in my means. I kept returning to the website hoping for a price drop and the pop up msg on the... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 15, 2023

You don't identify why you think you have a claim. They routinely disclose that some of their tickets are being re-sold at higher than initial venue prices and may change at any time. You waited, then you pounced, only to find that you would have been better off waiting longer. That was a... View More

2 Answers | Asked in Consumer Law and Personal Injury for Oregon on
Q: Can a Jane Doe civil action be transfered between federal venues while maintaining Jane's anonymity?

In a federal diversity civil action brought in the District of Vermont (location of plaintiff), can the Jane Doe defendant, through her counsel, petition for a change of venue to the District of Oregon (her residence) while preserving her anonymity or must she reveal her identity to move the case?... View More

Brad  Holbrook
Brad Holbrook
answered on Jul 9, 2023

Your questions rasie some questions. You mentioned "civil action" without specifically referencing what type of claim it is and why the Vermont has any jursidiction. If you have no ties to Vermont, then you cannot be subjected to personal jurisdiction there unless you consent and/or... View More

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1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Personal Injury for Oregon on
Q: I signed a contract under duress in a suicidal psychotic state that can be verified by my doctor. Can it be dismissed?

I signed a document under duress during a bipolar episode which my doctor can verify.

An animal shelter OBTAINED PROPERTY of pecuniary significance (a doctor prescribed emotional support animal) BY FALSE PRETENSE from an incapacitated person (in a mixed suicidal depressive psychotic state).... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 29, 2023

You are not likely to be able to disavow the contract and even if you did, it sounds like it cannot be reversed at this point. The most you are likely to possibly have is a claim for the market value of your now deceased cat - i.e. replacement cost. Unfortunately, in the legal world, pets are not... View More

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