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1 Answer | Asked in Consumer Law, Copyright, Business Formation and Business Law for Washington DC on
Q: Can i sue an online page shop if they don’t have terms and conditions?

I ordered a camera online a few months ago online from a well known instagram page they did not write that it was being sold for parts or that it didn't work when i got it the camera did not work and they refused to refund me but they never sent me terms of service so can i sue them for that?

James L. Arrasmith
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answered on Sep 21, 2024

You may have grounds to take legal action if the online shop misrepresented the product or failed to disclose that it was for parts or not functional. When a seller doesn’t provide clear terms, you can still rely on consumer protection laws that require honest descriptions of goods. Misleading or... View More

1 Answer | Asked in Employment Law, Immigration Law, Tax Law and Business Formation for Texas on
Q: I am an F-1 student with no SSN/ITIN and want to create a digital store in TX. What are the steps on making this legal?

It’s my 2nd year in the US, and I never worked neither on campus. Don’t have a store yet, and don’t have any connections with my home country regarding the store. I will be the sole owner and worker in this digital store selling digital content. I also want to know the details and if I’ll... View More

James L. Arrasmith
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answered on Sep 16, 2024

As an F-1 student in the U.S., starting a digital store can be complicated due to visa restrictions on employment and business activities. U.S. immigration laws generally prohibit F-1 students from engaging in self-employment or running a business, which includes owning and operating an online... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for California on
Q: What do I need to do with my c-corp after relocating to California from Illinois?

A few years back, I had incorporated a c-corp in Delaware, registered as a foreign entity in Illinois, and had a physical office with employees. Post-COVID, my business became 100% remote. I am currently the only W2 employee on the company’s payroll, with Illinois state taxes being deducted. I... View More

James L. Arrasmith
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answered on Sep 16, 2024

When relocating your C-corp to California, you need to register it as a foreign corporation in California since you are now operating from there. This involves filing specific forms with the California Secretary of State and potentially paying applicable fees. You may also need to withdraw your... View More

1 Answer | Asked in Business Formation, Business Law and Consumer Law for New Jersey on
Q: Can I file a law suit against restaurants for claiming to sell for instance a 6 piece wings and it’s not 6 but 3 split

So many restaurants claim they are selling wings when they are in facts selling wings cut into 2 counting them as an individual wing. tA wing is a drum and a flat TOGETHER not separatley

Tim Akpinar
Tim Akpinar
answered on Sep 16, 2024

A consumer protection attorney could advise best, but your question remains open for three weeks. Many law firms could be reluctant to handle such a lawsuit. But you reach out to firms to discuss - some might see things differently. Good luck

1 Answer | Asked in Banking and Business Formation for California on
Q: What is the proper way to initiate Arbitration/ litigation so return of money already paid under an fraud contract.

My wife and her mother went to a car lot for a car, She was successful. The car was purchased in Southern California, our address was in northern California; The first issue we suffered was the fact that the second set of keys given to us didn't go to the car she leased, upon misplacing the... View More

James L. Arrasmith
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answered on Sep 15, 2024

To initiate arbitration or litigation to recover money paid under a fraudulent contract, you'll need to follow a few steps to ensure your case is properly handled. Start by gathering all relevant documents, including the contract, payment records, communication with the car dealership, and any... View More

1 Answer | Asked in Immigration Law and Business Formation for New Jersey on
Q: Can I invest in an LLC as a silent partner on an L1B visa without violating U.S. laws?

I currently live in New Jersey, USA, on an L1B visa, and my wife holds an L2 visa. We’re considering starting an LLC for a wholesaling business, which would involve my wife and my brother (who lives outside the U.S.). I would only act as a silent partner, providing financial investment if needed,... View More

James L. Arrasmith
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answered on Sep 12, 2024

As an L1B visa holder, your primary focus must remain on your employment with the company that sponsored your visa. Engaging in any form of active management or employment in a business outside of your L1B sponsor could potentially violate the terms of your visa. However, passive investment, where... View More

1 Answer | Asked in Business Formation for California on
Q: Selling on marketplace facilitators in California

Are any licences/ permits required to start selling tangible goods on Marketplace Facilitators as an individual in California, provided all sales are of tangible goods and all transanctions are facilitated by the marketplace facilitators platform who is already registered with CDTFA.

James L. Arrasmith
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answered on Sep 12, 2024

In California, if you are selling tangible goods on a marketplace facilitator’s platform, the platform itself is responsible for collecting and remitting sales tax on your behalf. Since the marketplace facilitator is already registered with the California Department of Tax and Fee Administration... View More

1 Answer | Asked in Banking, Business Formation and Contracts for Illinois on
Q: My father has been offered a contract, to purchase distribution rights for his book, needs help from a lawyer

Would like to know if this is a scam or a legitimate offer

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 11, 2024

THIS IS NOT LEGAL ADVICE.

To determine whether the contract offer for distribution rights is legitimate or a potential scam, it’s crucial to have a thorough review of the offer by a lawyer, especially one with experience in intellectual property and publishing contracts. Here are some...
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3 Answers | Asked in Business Formation for California on
Q: If I am a minor member/owner in a LLC can I sign legally binding contracts.

Contracts refer to Purchase and Sale agreement and Assignment of Contract

Shawn R. Jackson
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answered on Sep 11, 2024

The short answer is ... "it depends" ... you would need AUTHORITY from the LLC, usually within the LLC Operating Agreement and/or approved resolutions ... along with NOTICE to the other LLC members and the other contracting parties.

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1 Answer | Asked in Contracts, Business Formation and Business Law on
Q: Solar investors and owners of land and middle man.

If I am the individual(middle man) bringing these two individual together(solar investors and owners of land) what kind of agreement can I make them sign.

That ensures me of commission and percentage share should any deal be concluded.

Jennifer Newton
Jennifer Newton
answered on Sep 9, 2024

To protect your interests, you may want to consider drafting an Intermediary or Finder’s Fee Agreement. This type of agreement would outline your role in facilitating the deal and include terms that ensure you are compensated.

1 Answer | Asked in Business Formation and Business Law for Tennessee on
Q: Amazon/eBay reselling Are people restricted to only reselling non branded products?

My partner and I are wanting to start an online e-commerce business buying and reselling non branded products from Alibaba. Would it be wise to stick with only selling non branded? Do we need a license to sell branded products?

Jennifer Newton
Jennifer Newton
answered on Sep 9, 2024

Starting an e-commerce business reselling products from Alibaba is a great venture, and understanding the legal landscape for reselling branded versus non-branded products is crucial for your success.

Here are some important points to consider:

Non-Branded Products: If you're...
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1 Answer | Asked in Business Formation for Florida on
Q: What do I need to operate an online Spanish teaching business in Florida?

My relative has a spanish language teaching business where students are taught via video call. Her business is in a foreign country, she wants me to become her business partner to expand to USA since I live here. I was wondering what the steps would be in order to launch the business here, like... View More

Jennifer Newton
Jennifer Newton
answered on Sep 9, 2024

Expanding your relative's Spanish language teaching business to the U.S. is an exciting opportunity, and we’re here to help guide you through the process of launching the business stateside.

To get started, here are some of the key steps to consider:

Business Structure:...
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1 Answer | Asked in Business Formation, Business Law, Tax Law and Immigration Law for Illinois on
Q: Can I start an online business which is related to my study major while on F1 OPT?

I am on my F1 OPT and working full time. I have completed my Masters in Packaging Engineering. Is it possible for me to open up an Etsy/Amazon/Ebay shop that specifically sells packaging for small/home business products? My ultimate goal is to make it a physical business with physical address which... View More

James L. Arrasmith
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answered on Sep 6, 2024

Starting an online business while on F1 OPT is possible, but there are some important factors to consider. OPT regulations require that any work you do be directly related to your field of study. Since you studied Packaging Engineering, you should ensure that the business you start aligns with that... View More

1 Answer | Asked in Business Formation, Business Law and Immigration Law for Massachusetts on
Q: Open the business bank account on an F1 visa

Can I open the business bank account for a c corporation if I am appointed as the treasurer who is only responsible for document signing, opening bank account and no operational activities. I will own nothing of the company and not take part in the day to day operations. I am on an F1 visa and... View More

James L. Arrasmith
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answered on Aug 30, 2024

Opening a business bank account as a treasurer on an F1 visa involves navigating certain immigration regulations. Generally, F1 visa holders are restricted from engaging in unauthorized employment, and this can extend to certain activities related to business entities. Even if you are not an owner... View More

1 Answer | Asked in Contracts, Copyright, Antitrust and Business Formation for Nevada on
Q: I have approx 5000 third party licenses on my phone what are they for n why do I not receive compensation

What does it mean when I get notices saying I'm branded entity n why don't I get compensated for any of this

James L. Arrasmith
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answered on Aug 27, 2024

The third-party licenses on your phone likely relate to apps, services, or software you use. Many applications require licenses to function, which means that by using them, you agree to certain terms and conditions. These licenses do not automatically entitle you to compensation; they are simply... View More

1 Answer | Asked in Business Formation and Business Law for Texas on
Q: How can I find a registered agent for a small restaurant Hoodadak in Houston Texas? Also they filed bancrupcy.
John Michael Frick
John Michael Frick
answered on Aug 26, 2024

The Office of the Secretary of State of Texas maintains the records for registered agents of business entities in Texas.

Its website is: https://www.sos.state.tx.us/corp/sosda/index.shtml

You will need to set up an account using a credit or debit card to cover the search fee.

1 Answer | Asked in Business Formation for New Jersey on
Q: If I want to make a non-profit, and I am not recieving funds, do I have to register my intitiave anywhere?

We will be providing free CPR classes taught by a certified instructor, we will not give out CPR certifications.

Daniel  Bitonti
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answered on Aug 20, 2024

If you're planning to start a nonprofit providing free CPR classes without issuing certifications, it's generally advisable to register your initiative. Here's why:

1. State Incorporation: Incorporating as a nonprofit in New Jersey provides legal recognition and liability...
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1 Answer | Asked in Business Formation and Copyright on
Q: Is extracting the styling information of a page from a mobile app illegal in any way? Would a tool doing so be illegal?

If I were to make an app that extracts the styling information of another app to save it on a user's profile and maybe use it in his/her design software of choice to help them come up with design inspiration be illegal?

James L. Arrasmith
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answered on Aug 17, 2024

Extracting styling information from a mobile app raises potential legal issues depending on how it's done and the app's terms of service. Many apps are protected by copyright and may have specific clauses that prohibit scraping or extracting their content. If you extract and reuse that... View More

1 Answer | Asked in Business Formation for California on
Q: Is there any legal recourse for naming my business the same name as the food we sell? No other words or descriptions?

Example: naming a store Cheese Burgers, or Zombies (we sell Cheese Zombies), or cookies, or salads etc.

James L. Arrasmith
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answered on Aug 16, 2024

You generally have the right to name your business after the product you sell, such as “Cheese Burgers” or “Cookies.” However, there are important considerations. First, you must ensure that the name is not already trademarked or used by another business in your industry. If another company... View More

1 Answer | Asked in Employment Law, Immigration Law, Business Formation and Business Law for Washington on
Q: Can I start an LLC on an F1 OPT as a foreigner? If yes, am I allowed to work full-time for my LLC and draw a salary?

I graduated in May 2024 with an MBA degree and I am currently on my F1 OPT. I have been working on a business idea for some time, and would like to start an LLC to formalize my business and use it as my OPT for the first year. I have already spoken to my DSO and while they have not raised any red... View More

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answered on Aug 16, 2024

You can form an LLC while on F1 OPT, but there are some important limitations to be aware of. While starting the business is allowed, working full-time for your own company can be problematic. The U.S. immigration rules for OPT require that employment be directly related to your field of study, and... View More

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