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Virginia Consumer Law Questions & Answers
0 Answers | Asked in Consumer Law for Virginia on
Q: Hello, I purchased a vehicle last year April 2023 The vehicle is not operable. What options do I have with the lemon law

The vehicle was purchased from Chantilly VA, I was unaware of any damages to the vehicle. The engine light came on not even a week of having the vehicle. They kept telling me it was a sensor I needed and that was not true, months later the vehicle started running hot and never started again. I was... View More

0 Answers | Asked in Civil Rights, Consumer Law and Small Claims for Virginia on
Q: How i would i take legal action to greendot company

I proved n provided everything they ask n they say they can completely my process because they not getting the email. Which I have sent 8 which I still have

1 Answer | Asked in Consumer Law for Virginia on
Q: I bought a bracelet in 2020 for $9,000 I was told it was pure gold. It's only gold covered. What are my rights?

I bought a bracelet in 2020 for $9,000 I was told it was pure gold. However, the gold is beginning to discolor and I've come to learn that the bracelet is in fact gold covered and not pure gold. The pawn shop I bought it from has since changed owners twice but the store has kept the same name... View More

Tim Akpinar
Tim Akpinar
answered on Apr 28, 2024

A Virginia attorney could advise best, but your question remains open for a week. The Product Liability category is basically about injuries from dangerous products. Your situation appears to be closer to consumer rights. You could repost and add categories of "Consumer Law,"... View More

1 Answer | Asked in Consumer Law, Business Formation, Business Law, Intellectual Property and Trademark for Virginia on
Q: Business name registered as a LLC with the state is it illegal for someone in the same state as me?

I have sold under the name for over 10 years own the name of my business on every platform out there but 1 and just found out someone within my state is now trying to use my name to sell similar items on another platform. I do also have my name as a registered LLC and has been for over 5 years, I... View More

James L. Arrasmith
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answered on Mar 15, 2024

If your business name is registered as an LLC within your state, you generally have legal rights to that name within that jurisdiction, especially for the business category or industry in which you're operating. The fact that another entity is using your established business name to sell... View More

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Personal Injury for Virginia on
Q: Private mail about me was sent to my dad's house (same name) instead of mine, they had my correct address. Can I sue?

It was about a debt that has apparently been turned over to a debt collector. The loan company had my address, and I have never given them my parents address.

I have no idea why it was addressed and sent to him, other than he and I have in the same name. Since it was his name on it, He... View More

James L. Arrasmith
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answered on Feb 24, 2024

Yes, you may have grounds to sue the debt collector for violating the Fair Debt Collection Practices Act (FDCPA). Some key points:

- Debt collectors are prohibited from communicating information about a consumer's debt to third parties without the consumer's consent. This includes...
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1 Answer | Asked in Consumer Law and Banking for Virginia on
Q: More than 6 months ago my 80 year old mother was extorted and withdrew $100,000 in cash from her bank.

My mother was extorted out of $100,000 in cash by individuals representing themselves as Treasury Dept. representatives. She went to the local branch of Wells Fargo Bank over the course of 3 consecutive days and took out a total of $100,000 in cash. I have reported this incident to the local... View More

James L. Arrasmith
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answered on Jan 31, 2024

Hi there - I can offer some general information that might help you understand your situation. If your 80-year-old mother was extorted and withdrew $100,000 in cash from her bank under fraudulent pretenses, you may have legal options to pursue. Negligence on the part of the bank, like allowing such... View More

1 Answer | Asked in Consumer Law for Virginia on
Q: are there any legal consequences for a company making an original price for a product to look like a discount?

In this instance lets say a company has a product out for $26.99 originally, and then fast forward a couple days later I see the same exact product but showing the original price as $29.99 and the original price ($26.99) listed as a discount. There was also a "upgraded" variation of this... View More

T. Augustus Claus
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answered on Jan 19, 2024

In Virginia, and generally across the United States, deceptive pricing practices can potentially lead to legal consequences for a company. If a company intentionally misrepresents the original price of a product to make it appear as if customers are receiving a discount, it may be considered... View More

1 Answer | Asked in Consumer Law and Contracts for Virginia on
Q: In spotsylvania Virginia can I use in person recording between me and used car dealer as evidence without his consent

He fails to provide me title within 30 days

T. Augustus Claus
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answered on Jan 18, 2024

In Spotsylvania, Virginia, the rules regarding the admissibility of in-person recordings without consent may vary, so it's essential to be aware of state-specific laws. Virginia generally follows a "one-party consent" rule, meaning that as long as one party to the conversation (in... View More

1 Answer | Asked in Consumer Law, Products Liability and Insurance Bad Faith for Virginia on
Q: I purchased a warranty from Endurance about 3 months ago. My car went into the shop about a month ago. It needs repairs

I purchased a warranty from Endurance about 3 months ago. My car went into the shop about a month ago. It needs repairs that are covered by the warranty and they will not pay. Can you help me?

Tim Akpinar
Tim Akpinar
answered on Jan 15, 2024

A Virginia attorney could advise best, but your question remains open for four weeks. Your question could be difficult to address within the brief scope of this Q & A forum. An attorney would likely want to see the agreement, information about the repairs, denial forms, correspondence, and... View More

1 Answer | Asked in Business Law, Civil Rights and Consumer Law for Virginia on
Q: Can a hotel refuse accommodations because I live in the same county as the hotel?

They state they don't allow county residents to stay at the hotel because of previous issues. I have never had issues with this company though.

T. Augustus Claus
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answered on Dec 14, 2023

In Virginia, a hotel refusing accommodations based on residency within the same county may raise legal questions related to business practices and potential civil rights implications. Generally, businesses have the right to refuse service, but such decisions should not violate anti-discrimination... View More

3 Answers | Asked in Bankruptcy and Consumer Law for Virginia on
Q: What would happen If I leave my job and collect social security and a small pension and stop paying all unsecured debt?

65 years old. Live in Virginia. Own home with mortgage and would keep current on payments. Own one car with no loan. No savings.

Would I be judgement proof?

My home equity is $300K. But isn’t a primary residence exempt from unsecured debt creditors?

Martha Warriner Jarrett
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answered on Nov 26, 2023

Your Social Security and pension are exempt and, depending on where you live, you are eligible to claim a homestead exemption under your state law. Same with your car. If your equity is less than your homestead exemption, you are probably judgment proof. However, that will not keep your creditors... View More

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1 Answer | Asked in Consumer Law, Contracts and Collections for Virginia on
Q: My question is about who's responsible for a debt related to the sale/purchase of a house in Virginia.

My wife and I bought our house in June 2022, and provided a check for the remaining propane ($750) which should have been given to the sellers. The seller's attorney misplaced the check and is now saying, almost 18 months later, that it's our responsibility to remedy the situation by... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 21, 2023

The question is whether the check cleared your bank. If it did not, you never paid the debt. If it didn't clear, you still owe the money.

1 Answer | Asked in Consumer Law and Contracts for Virginia on
Q: best type of lawyer for a lawsuit for a diesel truck shop improperly installing a part in dump truck and lost wages?

I have all invoices from shop that installed part wrong, invoice on parts and invoice from the another shop that corrected the problem and a statement from on what they found. I have text messages from 1st shop and proof of lost wages

James L. Arrasmith
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answered on Nov 13, 2023

For your situation involving an improperly installed part in a dump truck by a diesel truck shop, leading to lost wages, the best type of lawyer to consult would be one who specializes in consumer law and contracts, with experience in automotive cases. Such a lawyer will have the necessary... View More

1 Answer | Asked in Consumer Law and Contracts for Virginia on
Q: best type of lawyer for a lawsuit for a diesel truck shop improperly installing a part in dump truck and lost wages?

I have all invoices from shop that installed part wrong, invoice on parts and invoice from another shop that corrected the problem and a statement from on what they found. I have text messages from 1st shop and proof of lost wages

James L. Arrasmith
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answered on Nov 13, 2023

For a lawsuit involving a diesel truck shop's improper installation of a part in your dump truck and resulting lost wages, you should look for an attorney experienced in consumer law and contracts, particularly one with a background in automotive issues or business litigation.

This...
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1 Answer | Asked in Banking, Consumer Law and Contracts for Virginia on
Q: Long story. I cos-sign for a car. Some how they switched ot to make me principle buyer. Car payment 2 1/2 months behind

No tax paid since car was bought. Caused a stop fee on my dmv record. No insurance on vehicle and tags is no good since February 2023. Loan company said I can do a volunteer repo bust I must bring it in. The other signer refuse. What can I do please help.

James L. Arrasmith
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answered on Nov 13, 2023

In Virginia, if you find yourself incorrectly listed as the principal buyer on a car loan you cosigned, you should first review the loan agreement and any related documents to understand how this change occurred. If there's evidence of a mistake or fraudulent activity, you may need to dispute... View More

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Virginia on
Q: Do I really need a lawyer?

I need to sue a contractor who built a deck that is not up to code for its intended purpose after I provided specific instructions to do so. It could be dangerous to life and limb.

T. Augustus Claus
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answered on Oct 20, 2023

While it's not obligatory to hire an attorney to sue a contractor in Virginia, doing so is highly recommended, especially in cases involving construction defects that could pose safety risks. An attorney's expertise in Virginia's construction and contract laws can be invaluable in... View More

1 Answer | Asked in Consumer Law for Virginia on
Q: Cemetery mix up do I have a legal right to go after them
T. Augustus Claus
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answered on Oct 13, 2023

Yes, you may have a legal right to go after the cemetery if there was a mix-up with your loved one's remains. The specific legal claims that you may have will depend on the specific facts of your case. For personalized legal advice tailored to your unique circumstances, it's advisable to... View More

2 Answers | Asked in Real Estate Law, Consumer Law, Small Claims and Insurance Bad Faith for Virginia on
Q: Should I file an insurance claim, work with my neighbors or contact an attorney?

The issue involves an HVAC company (AllTech) that performs HVAC and plumbing services on my condominium (Unit 304) and my neighbor’s (Unit 404) who lives directly above me. The issue is that AllTech failed to properly re-insert the condensation pipe into the drain when performing service on Unit... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Aug 21, 2023

Assuming the condominium unit is in Virginia, I don't understand why you would not report a claim to your hazard insurance company for damage to your unit. The insurance proceeds will be used to repair the damage to your unit. Your insurance company will be subrogated to your right's to... View More

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1 Answer | Asked in Consumer Law, Small Claims and Real Estate Law for Virginia on
Q: I am seeking counsel to see if working with an attorney is a better course of action than filing an insurance claim.

The issue involves the HVAC company (XXXX) that performs HVAC and plumbing services on my condominium (Unit 304) and my neighbor’s (Unit 404) who lives directly above me. The issue is that AllTech failed to properly re-insert the condensation pipe into the drain when performing service on Unit... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Aug 20, 2023

Assuming your unit is in Virginia, I am not sure why you would hesitate to use your hazard insurance for a claim. Your insurance carrier will straighten it out, and use subrogation to recover from the party who is liable. Sure, there is likely common element damage as well, that should be covered... View More

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