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Texas Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Small Claims and Civil Litigation for Texas on
Q: Civil suit for car repairs, where do I turn?

Put my car in a repair shop I never used before, They threw unnecessary parts into, just for my car's engine light to turn on 3 mins into getting it home, the car was driving rough and making weird buzzing noise. Tire pressure light was on as well. 3 days of having the car sit until the next... View More

James L. Arrasmith
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answered on Jan 6, 2024

In Texas, if you believe a repair shop has performed inadequate or unnecessary repairs on your vehicle, you have the right to seek legal recourse. The first step is often to try and resolve the issue directly with the repair shop. If they are unresponsive or unwilling to rectify the situation, you... View More

1 Answer | Asked in Consumer Law, Estate Planning and Family Law for Texas on
Q: My mother had an unsecured personal loan at the time of her death. Do I have to pay it off?

I keep getting billing statements addressed to "The Estate of...." from American Express

The only "individual" assets she had were her personal belongings. I was "joint owner" on both her checking and savings accounts. I was the beneficiary on her life... View More

John Michael Frick
John Michael Frick
answered on Jan 8, 2024

No. A child is not legally responsible for the debts of a deceased parent in the absence of a contractual agreement signed by the child.

Forward the AmEx bill to the personal representative of your deceased mother's estate. It should be paid by the PR out of any non-exempt assets of her Estate.

2 Answers | Asked in Consumer Law for Texas on
Q: can i sue for overcharging my card

i was buying something online and at checkout it said my total was $6.95 but whenever i put in my card it charged me $67.69 so is there anything i can sue for, like maybe false advertisement or something

James L. Arrasmith
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answered on Jan 4, 2024

If you were overcharged on your card for an online purchase, the first step is to contact the merchant to seek a resolution. Often, such discrepancies are due to technical errors and can be resolved amicably by the merchant issuing a refund for the overcharged amount.

If the merchant is...
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3 Answers | Asked in Bankruptcy, Consumer Law and Real Estate Law for Texas on
Q: New build home being foreclosed on by bank due to builder bankruptcy. What happens to my contract and builder deposit?

I am under contract for a yet to be completed new construction home. The builder went into receivership due to financial problems and it appears the bank will be foreclosing on the property I have been waiting on for almost two years. The builder has a very large builder deposit I provided at... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 3, 2024

Bankruptcy relief is exclusively a federal right and procedure, with its own courts.

However, most states have a "receivership" insolvency proceeding that is valid (and utilized sometimes in foreclosure proceedings, or regarding insurance companies that are not eligible for...
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1 Answer | Asked in Consumer Law and Landlord - Tenant for Texas on
Q: Can an apartment keep my deposit if I never moved in?

I recently applied for an apartment in Texas. I paid an application fee and deposit, totaling $850. I decided on another property and notified this property that I would no longer need the apartment. They said they are then allowed to keep my entire deposit because I canceled my application after I... View More

T. Augustus Claus
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answered on Dec 29, 2023

Typically, landlords are entitled to keep application fees to cover the costs associated with processing the application, such as background checks and administrative expenses. However, retaining the entire deposit if you decide not to move in may be subject to the terms outlined in the lease... View More

1 Answer | Asked in Consumer Law for Texas on
Q: Would a Pro Se plaintiff send exhibits to the court and defendant upon filing or not till discovery?
John Michael Frick
John Michael Frick
answered on Dec 28, 2023

Exhibits attached or appended to a petition, motion, etc. should be electronically filed and served with the petition, motion, etc.

Other relevant documentary exhibits should be served upon all parties, but not filed with the court, with your initial disclosures within thirty days of when...
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1 Answer | Asked in Consumer Law for Texas on
Q: What can I do if I paid for a lifetime transferable warranty with a foundation company and they will not honor it
John Michael Frick
John Michael Frick
answered on Dec 26, 2023

You can sue the foundation company for breach of the warranty.

1 Answer | Asked in Consumer Law for Texas on
Q: Money Transfer Service Never transferred my money.

I had sent a transaction worth $50,000 from USA to Overseas via a money transfer service. Service did deduct amount from my US bank account and promised a 2 days timeline. After two days I was informed that money is sent. after 2 more days I contacted recipient overseas who said nothing came in... View More

James L. Arrasmith
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answered on Dec 25, 2023

Yes, you can pursue legal action against the money transfer service for their failure to complete the transaction and the subsequent delays and miscommunication. You may have grounds to sue for breach of contract, as they did not fulfill their obligation to transfer the money within the promised... View More

1 Answer | Asked in Consumer Law for Texas on
Q: Can I sue a UPS so they can pay for 100% of my package because they did not offer me insurance?

Hello. I shipped a UPS package, but the UPS employee didn’t do their job correctly and did not offer me insurance, they didn’t even ask me what was in the box. My package was damaged, and now they only want to give me $100 to cover the package. My package contained an iPhone 14 and an iPhone... View More

John Michael Frick
John Michael Frick
answered on Dec 7, 2023

No, you do not have a valid claim against UPS solely because it did not verbally offer you additional insurance at the time you shipped your package.

UPS widely advertises that it only provides $100 of protection for loss and damage unless a customers declares a higher value and purchases...
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1 Answer | Asked in Construction Law and Consumer Law for Texas on
Q: I had a foundation company do work about 3 months ago. They are not honoring warranty.

They did work, said because of the summer drought and not watering the foundation has jumps in the floor now and it’s needs adjustments and 10 more piers. What do I do?

James L. Arrasmith
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answered on Dec 2, 2023

In your situation, the first step is to thoroughly review the warranty provided by the foundation company. Understand the terms and conditions, especially those related to drought conditions and the requirement for additional piers.

If you believe the company is not honoring their warranty...
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1 Answer | Asked in Small Claims and Consumer Law for Texas on
Q: I sold item online. I shipped, has receipt, package lost, customer doesn't want to wait for claim but want to sue me

I shipped, has receipt, tracking updated I dropped off. On expected delivery date tracking said will delivery by 7pm but never delivered and no more update. Customer doesn't want to wait for me to claim with ups but want to sue me. Tricked me when call talk about issued took picture of me and... View More

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

The answer to your question depends on the terms and conditions of the sale, the terms and conditions of the delivery service you used, and, if applicable, the terms and conditions of any platform you may have used to market and sell the product online.

For example, the US Postal Service...
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1 Answer | Asked in Consumer Law for Texas on
Q: How is promoting BTC and coins at peaks or any other non crypto type of stocks/bonds assets ect. not considered illegal?

Like wouldn't that be using influence (i.e. it's "social investment platform") to promote something that itself is going to profit off of while selling to these individuals it's actively promoting too?

Edit:1 how is it imaginary and not the dollar as well? As it is... View More

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

Legal scholar Eric Posner has commented, "A real Ponzi scheme takes fraud; bitcoin, by contrast, seems more like a collective delusion."

Bitcoin, like all cryptocurrency and now NFTs, isn't a tangible thing. It's more like the number of gold pieces a character has in a...
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1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: Can I take legal action with my credit card company over lost money?

I have a Discover checking account as well as a Discover CC. In September of this year, I electronically transferred (from the discover website) my rewards from my checking to my CC. This would have paid off my CC before the bill was due. The amount was deducted from my rewards. I received an email... View More

T. Augustus Claus
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answered on Nov 22, 2023

It sounds like you may have a valid claim against Discover for breach of contract. Breach of contract is when a party to a contract fails to perform their obligations under the contract. In this case, Discover's contract with you may require them to transfer your rewards to your credit card... View More

2 Answers | Asked in Car Accidents, Consumer Law and Banking for Texas on
Q: I have auto loan on a car that has been totaled out more than 5 months ago.

Got less than 25%of the loan amount from the insurance settlement. I do not have gap insurance. I reported this to the lender but they are not ready to negotiate. I have been continuing to pay the monthly EMI all through just to maintain my credit. But now they added $4600( to my loan amount) as... View More

John Michael Frick
John Michael Frick
answered on Nov 17, 2023

Legally, you owe the lender whatever the balance is on your loan. Almost all auto loans also require you to maintain full coverage insurance on the vehicle and give the lender the authority to buy insurance and add the premium to your loan amount if you do not timely furnish proof of insurance to... View More

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1 Answer | Asked in Consumer Law for Texas on
Q: Can I make citation to Deposition Transcripts if they have not yet been filed in the Record?

I am preparing a summary judgment motion of which I am making citation to excerpts of the deposition. I will be including the excerpts in the appendix to the summary judgment motion. The court reporter will be filing the depositions in the Record but not for another 2 weeks. I want to go ahead and... View More

John Michael Frick
John Michael Frick
answered on Nov 14, 2023

Typically, the entire deposition transcript is not file in the court records. A party wishing to use a portion of a deposition as evidence for a pretrial motion typically includes an appendix, such as your intended appendix to a summary judgment motion, attaching only those excerpt which are... View More

1 Answer | Asked in Consumer Law and Banking for Texas on
Q: Which party should I send my adverse action too? The bank who denied my credit or the consumer reporting agency?

I applied for credit for dental work, only to find out that my promissory note had been shopped around to different bank who denied credit based on an inaccurate consumer report. However, I know the application is being securitized without any consideration to myself.

James L. Arrasmith
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answered on Nov 12, 2023

In Texas, if you've been denied credit based on information from a consumer report, you should address your adverse action notice to both the bank that denied your credit and the consumer reporting agency. The Fair Credit Reporting Act (FCRA) entitles you to a notice from the lender explaining... View More

1 Answer | Asked in Consumer Law for Texas on
Q: I purchased a truck 22 months ago from a reputable dealer. I was given a blue book value of having positive equity.

I wanted to see how much my truck was worth today and found out it has an accident on it and value is significantly lower because of this. Is this something that I could hold the dealership legally responsible for?

John Michael Frick
John Michael Frick
answered on Nov 9, 2023

It depends upon the facts. You will need to show that the dealer knew that the truck had been in an accident and that you did not know that fact, and could not have discovered it through the exercise of reasonable diligence like obtaining a CarFax report or having the vehicle inspected by a... View More

1 Answer | Asked in Consumer Law for Texas on
Q: I have insurance now but can't afford it anymore. my insurance says I can't drop insurance till I get more insurance
James L. Arrasmith
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answered on Nov 8, 2023

If you find your insurance premiums unaffordable, you should review your policy to understand the terms regarding cancellation. Some policies may have specific conditions under which you can cancel, such as proving that you have obtained alternative coverage or are experiencing a qualifying life... View More

1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: I was sent a contract to sign for an amount that is not feasible. I have a deadline of November, 20th 2023 to send in th
John Michael Frick
John Michael Frick
answered on Nov 8, 2023

If the amount in a consumer contract is not feasible, I recommend that you not sign the contract and shop around for whatever it is you are trying to purchase. Signing the contract creates a legal obligation. Knowing in advance that you cannot pay the amount set forth in the contract could lift... View More

2 Answers | Asked in Consumer Law and Gov & Administrative Law for Texas on
Q: In 2018 my grandmother gave me her paid for car in 2021 the timing belt broke I took it to a shade tree macanic pais1200

COVID hit the man shut down his shop I could not get in touch with him called phone was off basically my car vanished until about 3 months ago the shop is open my car is sitting there blocked in every way possible,now my grandmother has dementia bad my aunt can't find the title paid had the... View More

James L. Arrasmith
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answered on Nov 8, 2023

To address the situation with your car, you should first request a written invoice or accounting for the $3,000 storage fee the mechanic is claiming. Verify the charges against any contractual agreement or posted notices regarding storage fees that may have been in place when you left the car with... View More

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