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California Consumer Law Questions & Answers
3 Answers | Asked in Consumer Law, Criminal Law, Business Law and Civil Litigation for California on
Q: A storage facility general manager internally removed me from my storage unit which I've been paying for over a year. He

listed me as "moved out" even though I have been paying my monthly fees and all of my things were supposed to be stored in there. Upon checking my unit just now, I found out my lock was cut off and my belongings were removed without any notification to me. They also moved in a new... View More

Pavel Kolmogorov
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answered on Jan 19, 2025

Start by gathering all relevant evidence, such as payment records, a list of missing items, and communication with the storage facility. Draft a demand letter to the storage facility management requesting the return of your belongings. Report the theft to the police. You may consider exploring your... View More

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3 Answers | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for California on
Q: Hired a tax firm that claims to help consumers reduce IRS debt for flat fee. They didn't reduce or save us anything.

They first advised we owed the IRS about $50k and tried to get more money from or they would stop working on our case. At end we now owe about $90k to IRS. They didn't reduce anything and debt increased. Is there any legal action I can take besides filing compaints with CFPB or FTC?

Pavel Kolmogorov
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answered on Jan 9, 2025

Yes, you may have legal recourse beyond filing complaints with the CFPB or FTC. Potential claims may include breach of contract, fraud, and violations of consumer protection statutes. If the tax firm failed to provide the services promised under your agreement, you likely have a breach of contract... View More

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3 Answers | Asked in Consumer Law and Business Law for California on
Q: Can I get a refund if seller does not deliver service and has no refund policy?

I paid for subscription for an online tool with a start date in future. The future has come. Now it's time for the seller (an LLC) to activate my paid subscription, but it doesn't look like they are going to for whatever reason.

I paid by credit card, but I cannot dispute the... View More

Pavel Kolmogorov
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answered on Jan 8, 2025

Many online purchases involve click-through or link-based terms, where users implicitly agree by selecting an “I Agree” button or accessing a link that contains the terms. Even if you didn’t physically sign anything, there may have been a provision establishing consent to the agreement when... View More

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3 Answers | Asked in Consumer Law for California on
Q: dealership and loan officer stated approved for a loan.Bring in paystubs etc. No down-payment.Lies and no deal. Illegal?

I spoke to dealership and loan officer. Approved for a specific vehicle which was less than i was approved for. Bring paystubs and ID only and drive away also made a specific appointment time with the same salesman I spoke to several times. I spoke to them several times getting exact details.... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 8, 2025

Yes, a misrepresentation is illegal. That term is usually used for criminal law, 'unlawful' is more like it, here. Anyway, to WIN such a case one would have to not only prove what was alleged, but, one would also have to show 'damages.' For instance, IF they demanded a down... View More

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2 Answers | Asked in Consumer Law and Small Claims for California on
Q: Advice Needed for Compensation After Car Wash Incident

I recently experienced an issue at a car wash where my car key was broken while in their possession. The manager notified me of the damage and suggested I quickly find a locksmith as the car wash was closing soon. My car was pushed outside into freezing temperatures, which I was not prepared for.... View More

Tim Akpinar
Tim Akpinar
answered on Jan 15, 2025

As you already identified in your post, small claims could be the most economical route here in terms of recovering monetary damages. You could consult with attorneys to discuss their handling of the matter, but it would be important to learn beforehand how a firm would handle things. If a law firm... View More

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3 Answers | Asked in Consumer Law and Contracts for California on
Q: Purchased a preowned Rolex from an established jewelry store. However, I believe it’s not authentic. What are my rights?

They have a no exchange, no return policy. Yet, I’m locked into a payment plan for 3-5 years. What should I do?

Shawn R. Jackson
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answered on Jan 2, 2025

Well, your next steps would be [1] to review your receipt to see if there are any disclaimers or notices that indicate that the jewelry store was not making any claims to authenticate the watch as genuine ... [2] then to gather evidence to support your case that you had a reasonable belief that the... View More

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3 Answers | Asked in Consumer Law and Contracts for California on
Q: Purchased a preowned Rolex from an established jewelry store. However, I believe it’s not authentic. What are my rights?

They have a no exchange, no return policy. Yet, I’m locked into a payment plan for 3-5 years. What should I do?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 7, 2025

I'd have it inspected by another jeweler to see if you are right.

I'd go back in to complain about this, with one or more witnesses, if you are right.

I'd politely seek a refund if you are right.

IF this all fails, contact an atty and figure out a way to PROVE...
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2 Answers | Asked in Consumer Law, Identity Theft and Banking for California on
Q: How can I get a bank to give me back my money after I been in a identity theft
Matthew McKenna
Matthew McKenna
answered on Dec 16, 2024

You should immediately dispute the issue with the bank (and preferably in writing). You'll likely also want to complete a police report to give to the bank to verify the identity theft and respond accordingly if the bank asks for any follow up information from you. Keep track of everything on... View More

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4 Answers | Asked in Consumer Law, Products Liability, Civil Litigation and Personal Injury for California on
Q: PLEASE HELP! A HARDWARE STORE ACCEPTED A RETURNED USED BLACK MOLD TEST KIT. RESTOCKED ON SHELF AND SOLD TO ME.

My father and I first time using one opened in car and came subject to tons of unknown spores. I went to hospital that night I couldn't breathe. Next day called store manager told me he would call me on 10 mins after fetching from return box. I didn't get a call for 7 hours and was... View More

William John Light
William John Light
answered on Dec 5, 2024

Unless the store knew that the kit had been used and contained "spores", it was the victim of an unscrupulous return. Perhaps, a strict products liability theory gets you past that hurdle. You then have to prove that your breathing issue was caused by the "spores". Testing on... View More

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4 Answers | Asked in Consumer Law for California on
Q: Hi. A body shop damaged many parts of my car & the owner won't take responsibility. He's threatening me over reviews

He's threatening to sure me over my bad reviews. I'm pissed because I've spent close to $2k fixing everything they damaged and people have a right to know about my horrible experience

Maurice Mandel II
Maurice Mandel II
answered on Dec 4, 2024

Sorry that you were treated this way, there are many unscrupulous auto repair shops and some of them are dealerships, however, there are also honest mechanics. You should ABSOLUTELY file against the shop in Small Claims. Check the business license with the city to see who the real owner is and sue... View More

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4 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Civil Rights for California on
Q: does anyone know of a contingency lawyer

i took my car to quick quack car wash and it damaged my license plate i was then given a business card to go somewhere to have it fixed which then the worker there added additional damage to my fenderliner and he said he may have done the damage but didnt want to fix it is there any lawyer that can... View More

Maurice Mandel II
Maurice Mandel II
answered on Dec 4, 2024

When your case is worth $2million, there are lots of contingency lawyers for you, but when your case is worth less than $2000 there are usually none. This is because many Attorneys charge more than $500 per hour and your case will take several hours to resolve. But, there is hope for you, it is... View More

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3 Answers | Asked in Consumer Law, Civil Rights and Education Law for California on
Q: My teacher at Carrington college has not given access to exams I have done, she has been marking my right answers, wrong

When I presented the issue, she blames on technical error. This is effecting my grades

Michelle Alissa Ball
Michelle Alissa Ball
answered on Nov 20, 2024

Look at your Handbook and see what Carrington's policies are on accessing the testing instruments. Sometimes colleges won't let students access exams if they re-use them year to year, in case a student puts them on the internet. However, you should be able to go review the exam and your... View More

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2 Answers | Asked in Consumer Law, Contracts and Small Claims for California on
Q: I put a 5k down for a used vehicle. The dealer did an in house repossession on the 13th day, refuses to refund 5k

The dealer did not even ask to finance the two vehicles I came to their lot in question about. He instead stated a hyundai was the only car the finance company would finance me in. It was more than the 10k max and 250 a month I wanted but he came with the papers and said is was basically to late... View More

Leon Bayer
Leon Bayer
answered on Nov 2, 2024

I think you have been defrauded. I suggest two things. File suit immediately in small claims court. The case is too small to justify hiring a lawyer, even though for you it was a large sum of money. The other step to take immediately is to file a complaint with the state department of justice -... View More

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2 Answers | Asked in Consumer Law for California on
Q: Hello, my car loan has been charged off about 6 months ago and I still have the car

I’m still in possession of the car and loan is charged off. I’m soon moving out of state, how do I proceed? Should I contact the lender and try to give the car back? I have not been in contact with lender since loan has been charged off. I’m afraid to get sued and not sure what to do, I’m... View More

Leon Bayer
Leon Bayer
answered on Nov 2, 2024

I'm sorry you have been having so much hard luck.

Giving the car back does not get you off the hook. Whether the car is returned or repossessed, the lender will auction it, and you can be sued for any loan balance that remains after the sales money is paid to the lender.

It is...
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3 Answers | Asked in Consumer Law, Civil Rights, Education Law and Public Benefits for California on
Q: IEP, OC Regional center, IHSS? Where do i begin...

On behalf of disabled son whom is a minor. Currently on IHSS 33hrs p/mo for para medical due to sever asthma, PROTECTIVE SUPPERVISION, i ended up leaving my job to adequately care for my son as his needs have been greater with each passing day. Best option is for me to care for him. IHSS case... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Oct 16, 2024

This is a very complex question and depends on the individual facts. The IEP process is the place to address school services, in home education (for a homebound student), related services etc. from the public school district. If they won't qualify him, you can challenge that by asking for an... View More

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4 Answers | Asked in Car Accidents, Consumer Law, Contracts and Banking for California on
Q: On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without

On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without providing a repair estimate. Afterward, they requested more money through text messages, and my son made a bank transfer that same day. However, he immediately tried to cancel the... View More

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2024

I'm sorry about your son's accident and ordeal. I hope everyone is okay. It's your decision, but there's something to be said for handling this through your insurance carrier... how do you know the other driver won't come back in 10 months with an injury lawsuit? An... View More

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4 Answers | Asked in Car Accidents, Consumer Law, Contracts and Banking for California on
Q: On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without

On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without providing a repair estimate. Afterward, they requested more money through text messages, and my son made a bank transfer that same day. However, he immediately tried to cancel the... View More

Leon Bayer
Leon Bayer
answered on Oct 15, 2024

As far as the bank is concerned, they simply followed your son's instructions. If he got scammed, it's not the bank's fault. You don't get to have the bank pay you back.

Worthy of consideration is that your son caused damage to the other car, and the other is owned by...
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2 Answers | Asked in Consumer Law for California on
Q: Can I recover proceeds from tow yard sale of my car?

Can I recover proceeds from tow yard sale of my car?

In 2014 my house suffered a serious fire and I was injured badly. My vehicle was towed by a company purporting to help me rebuild. My insurance had lapsed and they backed out of assisting me.

I found out that my vehicle was... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 10, 2024

Sorry for your issues. Hope you are feeling better. Hopefully your HOME insurance had not lapsed too? First, the time to bring such a claim has almost assredly expired long ago. Typically, FOUR years with a writing and TWO years without one, is how long you have to sue. Assuming you COULD still... View More

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2 Answers | Asked in Consumer Law for California on
Q: I had solar installed two years ago and it is not producing as it should. The company has filed chapter 11. Any recourse

They still advertise instalation .and will not respond. My electric bill is now high.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 8, 2024

Q: I had solar installed two years ago and it is not producing as it should. The company has filed chapter 11. Any recourse

They still advertise instalation .and will not respond. My electric bill is now high.

First, it is rare that ONE company does this all. Usually there are...
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3 Answers | Asked in Consumer Law, Construction Law and Small Claims for California on
Q: It's almost 2 years since shoddy work was done by a CA contractor who I now know was unlicensed. Is it too late to sue?

He promised/agreed to refund me $2,500 due to the bad work and has been very slowly paying me for the past two years, although he has now been avoiding answering my texts for most of 2024 and I don't think he will finish refunding me what he promised. The job was $4,000 and he has paid back... View More

Leon Bayer
Leon Bayer
answered on Oct 3, 2024

I'm really sorry for you. Unfortunately, the time to be vigilant is before you hire a contractor. As you now know, everything you now know about him could have been discovered by you before you hired him.

I'm sure you already know that deadbeats don't pay their bills....
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