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California Consumer Law Questions & Answers
2 Answers | Asked in Contracts, Civil Litigation and Consumer Law for California on
Q: Is this a failure of consideration for an auction motorcycle?

I purchased a collector motorcycle through an online auction where the auctioneer, based in California, provided documentation stating it was an original model, according to factory records. Despite the Terms and Conditions stating that any legal action must occur in California, I argue that... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Mar 22, 2025

Sorry to hear of your unfortunate experience. "Failure of consideration" would not be a viable theory. The damages related to the alleged fraud and failure to maintain the bond would be recoverable in your legal action. It would likely be worth your while to have the contract terms... View More

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2 Answers | Asked in Consumer Law, Identity Theft and Banking for California on
Q: How to verify legitimacy of email claiming to be from Federal Reserve Bank?

I received an email from someone claiming to be Mr. Powell, Chief Officer of the Federal Reserve Bank, stating that I owe a lump sum of money. The email includes his contact information and offers three methods for me to receive funds but requests my bank account and routing number. There were no... View More

William John Light
William John Light
answered on Mar 22, 2025

The Federal Reserve Bank doesn't collect money from taxpayers. That's the IRS. If you must, the contact info for the Federal Reserve for the western US is here:

federalreserve.gov/aboutthefed/federal-reserve-system-san-francisco.htm

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2 Answers | Asked in Banking and Consumer Law for California on
Q: Chase bank account locked, unable to verify identity. Can't obtain passport, didn't receive balance check. What can I do?

I opened an online Chase bank account years ago and transferred money from my E*TRADE account. Chase locked my account in December 2021, asking for proof of identity. At the time, I didn't have the requested documents. Over time, I obtained my ID and presented all required documents at... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 20, 2025

Sorry for your issues. Seems really odd. For 'easy' fix, try going in based on the following:

"Despite having documentation from Chase stating a check for the remaining balance would be issued, I never received it." Go into any chase branch, note that they said they...
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2 Answers | Asked in Landlord - Tenant and Consumer Law for California on
Q: Can I sue my landlord in California for fraud due to breach of rental agreement?

I rented a house from my landlord under an agreement stating I would be the sole occupant. However, two days after moving in, a young woman moved into the property, and I was not informed. My contract and the Zillow advertisement did not mention shared housing. The situation has caused significant... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 18, 2025

That's a definite maybe. It's unclear what you may recover once you prove your case and if you do not have an atty fee clause IN the written lease, it may be hard to even find someone to represent you. Depending on what your lease says in describing the tenancy and the space you have... View More

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2 Answers | Asked in Contracts, Personal Injury and Consumer Law for California on
Q: Can I sue a mechanic in California for faulty car repairs?

I took my car to a mechanic to fix a cracking sound. After leaving it overnight, the mechanic claimed that it was fixed. However, the problem persisted when I got the car back. I returned to the shop and asked if it was safe to drive back, and the mechanic assured me it was. Unfortunately, the car... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 18, 2025

Sorry for your issues. A licensed facility MUST give you a WRITTEN estimate and of course a final invoice showing what they did and the result and how much they charged. Failure to do so tells me that EITHER they are NOT licensed or they are IN trouble or they are simply CROOKS.

You...
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3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for California on
Q: Is it worth pursuing a personal injury claim against Vons? Offered $25,000.

I was shopping at Vons in the discounted section next to the swinging employee doors. Without warning, the door slammed open, and an employee hit me with a metal cart, causing me to fall. The emergency room physician ordered MRIs of my head, neck, and back, revealing several injuries, including a... View More

William John Light
William John Light
answered on Mar 16, 2025

Money damages are based on a lot more than what you have posted, so no one can give you an accurate response. Age, part and future medical expenses, past and future pain and suffering, permanent disability, past and future wage loss, etc. are all things that attorneys would consider in trying to... View More

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3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for California on
Q: Is it worth pursuing a personal injury claim against Vons? Offered $25,000.

I was shopping at Vons in the discounted section next to the swinging employee doors. Without warning, the door slammed open, and an employee hit me with a metal cart, causing me to fall. The emergency room physician ordered MRIs of my head, neck, and back, revealing several injuries, including a... View More

David W Gammill
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answered on Mar 15, 2025

Your situation absolutely warrants serious legal consideration, and based on what you've described, your claim is likely worth far more than the $25,000 the insurance adjuster has offered. Given your head and cervical spinal injuries, medical expenses, lost wages, and the store’s admitted... View More

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3 Answers | Asked in Landlord - Tenant and Consumer Law for California on
Q: Is it legal to install a security camera in a shared garage despite policy prohibitions?

I rent an apartment with a shared garage, and I'm considering installing a security camera in the garage. However, there's a policy in place that prohibits surveillance devices. There are currently no other security measures in the garage. Is it legal for me to set up a camera without the... View More

William John Light
William John Light
answered on Mar 10, 2025

A policy is not a law, so violation of a policy is not illegal. However, it is illegal to record another person who has a reasonable expectation of privacy, like in their home. Whether that applies to a common garage is unknown, but since there is a policy that prohibits surveillance devices,... View More

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3 Answers | Asked in Car Accidents and Consumer Law for California on
Q: Entitlement to new insurance rates after state limit changes post-accident.

I was in a car accident on May 23, 2024, and suffered knee contusions, strained back muscles, and whiplash. The insurance company is offering me $15,000 as a settlement; however, since then, the state insurance minimums have increased from $15,000 to $30,000. Am I entitled to the new rates or the... View More

William John Light
William John Light
answered on Mar 6, 2025

Any policy issued in 2025 has to comply with the new rates. Since the policy with which you are dealing was issued in 2024, it can be a $15k/$30k policy. A consultation with an attorney may be appropriate to help determine if there are other potential sources of recovery.

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2 Answers | Asked in Landlord - Tenant and Consumer Law for California on
Q: Is there a cap on storage unit rent increases in California?

I rent a storage unit for $249 per month, and they recently increased it to $307 per month. This is the third rent increase within the first year of renting, and I have not received any written notice for any of these increases. When I spoke to management after the second increase, they said... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 3, 2025

Feels like a bait and switch. THAT said, regardless of any CAP, it's HIGHLY likely that they must give you 30 day notice prior to raising the rent. One way to get them is to take your biz elsewhere and get the initial teaser rate...

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2 Answers | Asked in Child Support, Civil Litigation and Consumer Law for California on
Q: Can we pursue fraud charges against bio mom for misusing child support?

I have had legal guardianship over a child for the past four years. During this time, the biological mother received $2,000 a month in child support from the father, as per a court order. However, the child has not lived with her, and she falsely claimed she did not receive support from the father.... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 3, 2025

This is PURE speculation but, as described, this person almost assuredly has no money, so, getting it from her is unlikely. That said, stealing child support 'feels' punishable by prison? Again NOT even close to being sure. Perhaps you should speak to family services???

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2 Answers | Asked in Consumer Law, Insurance Bad Faith and Insurance Defense for California on
Q: Can't verify insurance carrier's license and getting no response. What to do?

I am a claimant involved in a situation where a second-party adjuster, supposedly acting on behalf of a security guard company's carrier, reached out to the business owner of a restaurant I was at. This adjuster claimed to be opening a claim on behalf of the security guard company mentioned in... View More

William John Light
William John Light
answered on Feb 23, 2025

You can hire an attorney to help resolve your dispute with the security guard company, or file a complaint with the superior court over what ever your dispute is with the security company. If an an adjuster for an unlicensed insurer or adjusting company is engaged in attempting to investigate or... View More

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2 Answers | Asked in Consumer Law, Contracts, Business Law and Products Liability for California on
Q: Can I sue a business for selling a medical device without verifying my license?

I purchased a medical-grade device from a business that did not verify whether I have the proper license to use it. The company claims you don't need a license to own it, but industry standards and my research indicate that a license is required for business use. They provided minimal... View More

Robert Kane
Robert Kane
answered on Feb 14, 2025

If you can establish they were prohibited by law from selling it to you perhaps you have an argument. Admitting you have been using it illegally is a problem that would likely have consequences. For you to be absolved of any responsibility for not knowing you had to be licensed seems very unlikely.... View More

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3 Answers | Asked in Consumer Law and Securities Law for California on
Q: How do I get a certified copy of my courtcase?

Does it have any financial value?

William John Light
William John Light
answered on Feb 5, 2025

Go the the court clerk's office with your case number and request copies. It would probably be prohibitively expensive to obtain certified copies of each document in your file, and there is likely no reason to obtain certified copies of each document. It is highly unlikely that the documents... View More

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3 Answers | Asked in Business Law, Civil Litigation, Consumer Law and Contracts for California on
Q: If a morgage servicer reported inaccurate information to the credit bureaus can you sue them in court?

I have receipts for the payments. Guy reported inaccurate information. I’ve been denied two loans because of it. Guy harassed the hell out of me with phone calls and letters motivating me to sue the morgage servicer. FCRA and TCPA.

Pavel Kolmogorov
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answered on Jan 24, 2025

Absolutely. If you have proof (like receipts or bank statements) that you’ve been making your mortgage payments on time, but the servicer is still reporting late or missed payments, that can form the basis of a lawsuit under the Fair Credit Reporting Act (FCRA). The FCRA requires companies to... View More

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3 Answers | Asked in Consumer Law for California on
Q: I had purchased first-class airline tickets on United Airlines and when I arrived at the gate was informed that there

no seats available in first-class. I was told to accept economy class seats or not travel. No alternative accommodations were offered. Subsequently, I was offered a non-transferable certificate of $2000 for future travel.

Days later, after my travel agent complained, I was told that the... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 23, 2025

Under the basic operations of law, if you pay for X you are entitled to receive X and not less, not more. From that standpoint, you try to get what you can. Complicating matters, "maritime" (at sea) and I think "common carrier" (in the air?) but certainly covering planes and... View More

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2 Answers | Asked in Consumer Law, Contracts and Civil Rights for California on
Q: I have prosthetic leg, sandals, flip flops don’t stay on my foot. I wore sneakers into sauna and was kicked out. Rights?

I told the 24 hour fitness employee my situation and he told me get out of the sauna or I’m shutting it down. I was embarrassed in front of a bunch of people. I told him shutting it down won’t stop anyone from slipping. I was wearing Skechers slip ons, they are easy to put on and take off.... View More

Louis George Fazzi
Louis George Fazzi
answered on Jan 21, 2025

You do have rights which might be protected under the Unruh civil rights act.

You should search for civil rights lawyers in the Bay Area, or in the county where you live.

I suggest you prepare a chronological statement of the facts, identify all the witnesses, and what they will...
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2 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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