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Texas Consumer Law Questions & Answers
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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3 Answers | Asked in Business Law, Contracts, Bankruptcy and Consumer Law for Texas on
Q: Is the new Scribe Media liable for previous contracts?

Scribe Media LLC just filed for bankruptcy. Their assets were previously sold to a second business named Enduring Ventures, which has since been operating under the Scribe Media name. As a client that has not received services paid for under contract with Scribe Media LLC, is this "new"... View More

James L. Arrasmith
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answered on Nov 5, 2023

The responsibility of the new entity (Enduring Ventures operating as Scribe Media) to honor contracts from Scribe Media LLC depends on the specifics of the bankruptcy case and the asset purchase agreement. If Enduring Ventures purchased the assets of Scribe Media LLC free and clear of its... View More

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1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: Solar company misrepresentation

Bought solar panels on the promise and I have it in writing, that my electric bill from our provider would be 5 dollars and that was just a connection fee, then this summer I was getting 90 and 150 dollars bills, would of never signed a contract if I new the whole truth. Thank you

James L. Arrasmith
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answered on Nov 9, 2023

If you have written promises from the solar company that were not fulfilled, you may have grounds for legal action based on misrepresentation. It would be advisable to collect all documentation of the representations made, including any contracts, advertisements, and communications. This evidence... View More

2 Answers | Asked in Consumer Law, Contracts, Products Liability and Real Estate Law for Texas on
Q: deca zenith

Greetings, I am interested in engaging in a discourse regarding the solar system that has been implemented at my place of residence. I have faced a predicament with the company, as they have made inaccurate assertions pertaining to the financial advantages of the system. Precisely, when entering... View More

John Michael Frick
John Michael Frick
answered on Oct 23, 2023

You may find this pending litigation helpful:

https://dockets.justia.com/docket/florida/flsdce/0:2023cv61463/651578

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1 Answer | Asked in Consumer Law, Business Law, Elder Law and Energy, Oil and Gas for Texas on
Q: I have an elderly neighbor who was overcharged for solar panels. Can he sue for any recovery of the diffetence to ave?

He also was not properly advised how to get savings and his bill went up from what it was. Plus he was not advised to change insurance coverage and was denied assistance when damaged diring warranty period.

Aimee Hess
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Aimee Hess
answered on Oct 13, 2023

A consumer law or energy attorney will need to review his contract and loan documents in order to determine what his rights are.

1 Answer | Asked in Consumer Law, Civil Litigation and Internet Law for Texas on
Q: Can I sue Careerbuilder for trusting them with my personal information, and having scammers call me and email me?

I received fake job opportunies. But I put no info.

T. Augustus Claus
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answered on Oct 10, 2023

In Texas, if you believe your personal information was mishandled or inadequately protected by a company, you may have grounds to sue. However, proving negligence or a breach of duty on the part of Careerbuilder or any similar platform would be crucial. Additionally, you'd have to show that... View More

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Appeals / Appellate Law for Texas on
Q: Small claim court judge skipped the default hearing & set it for bench trial, why didn't they move forward with hearing?

Small claims court never got a response from plaintiff, so I filed the necessary paperwork which was the paperwork for the default hearing. The plaintiff showed up for the default hearing and the judge resets it for a bench trial. my question is why wasn't a default hearing given and why... View More

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

A default is usually only granted when a party clearly shows a deliberate intent not to defend or prosecute a case. The plaintiff appearing at your hearing indicates the opposite.

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Small Claims for Texas on
Q: Can i sue if their social media says the product gives no ___ & on the website it says reduced __?

Can i sue a company if they have on their social media pages saying that the product gives no ___ and then on the website and other places, it says reduced ___? On their posts and everything it says without the ____

Tim Akpinar
Tim Akpinar
answered on Oct 5, 2023

A Texas attorney could advise best, but your question remains open for two weeks. It sounds like you're raising the issue of misrepresentation. In answering your question about suing, it's possible you could, but an issue that will arise is the extent of damages you may have suffered. Good luck

1 Answer | Asked in Consumer Law for Texas on
Q: Am I responsible for plumbing in a duplex

I'm being charged and unnecessary $700 because the landlord called three different plumbing companies that log cabin I understand I'm responsible for Clogs in my toilet or was it necessary for him to call three companies and charge me for all three companies it states in our lease that... View More

John Michael Frick
John Michael Frick
answered on Sep 20, 2023

Your question is focused on the correct issue: was it necessary? That depends on the nature of the clog, what caused it, whether the plumber who came out on the service call had the proper tools to clear the clog, etc.

1 Answer | Asked in Consumer Law and Business Law for Texas on
Q: Hi I lost a fraud case that I should've won for my business help please!

A card was reported stolen for a couple thousand of dollars. I completed the work and never received the money on top of that the CRM/Payment I use is taking the money from my incoming payments to pay back the debt. They were incharge of disputing the case on my behalf with the information I sent... View More

John Michael Frick
John Michael Frick
answered on Sep 11, 2023

If there has already been a lawsuit which you have lost, you have 30 days from the date the final judgment was signed to file an appeal. On appeal, you will be limited to the evidence and legal arguments contained in the appellate record. You should retain an experienced appellate lawyer to... View More

1 Answer | Asked in Consumer Law for Texas on
Q: I was also scammed by this Extreme Marketing Alliance LLC doing business as Done4ubiz An Arizona LLC. What can I do?

They made me sign some documents electronically that they're going to refund me but now their telephone lines are not working. They deleted their agents assistance website. They're not responding to emails. I need help to recover my funds.

T. Augustus Claus
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answered on Sep 7, 2023

If you believe you've been scammed by Extreme Marketing Alliance LLC, also known as Done4ubiz An Arizona LLC, it's essential to take immediate steps to protect your interests. Start by gathering all relevant documents and communication with the company, and try to contact them through... View More

1 Answer | Asked in Consumer Law for Texas on
Q: Scribe Media is about to file bankruptcy. Can I still claim refund for the money paid for their services not provided?

Message from Scribe Media lawyer:

We intend to file the company into bankruptcy within the next week or so. The company’s lender foreclosed on most of the company’s assets and there is very little left in the company.

Scribe entered into a management agreement with a company... View More

James L. Arrasmith
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answered on Sep 8, 2023

In light of Scribe Media filing for bankruptcy, you retain the right to file a claim for any prepayment or deposit that was not returned to you for services not rendered. Once the bankruptcy process commences, you should receive a notice from the bankruptcy court, at which point you will have the... View More

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Libel & Slander for Texas on
Q: What type off lawyer do I need if movies producers are putting subliminal messages in movies that a putting me in danger

Grandfather was assassin for government was the killer from the town that dreaded sundown

John Michael Frick
John Michael Frick
answered on Sep 1, 2023

I think this is a problem that is beyond the ability of a lawyer to solve.

1 Answer | Asked in Consumer Law for Texas on
Q: If a account on my credit report is now in ligation is that grounds to have the item removed from my credit report?

Under the FCRA or FDCPA?

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answered on Aug 22, 2023

Having an account in litigation does not automatically guarantee that the item will be removed from your credit report under the Fair Credit Reporting Act (FCRA) or the Fair Debt Collection Practices Act (FDCPA). The fact that an account is in litigation is not typically a sole reason for removing... View More

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