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California Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for California on
Q: I made a large overpayment to my credit card, Credit One, and I have not received it back.

Credit One said they sent a check to Fiserv and that it is up to Fiserv to deal with it. Credit One gave me a check number. I contacted Fiserv and they dont have the check number. Did Credit One just steal my money?

James L. Arrasmith
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answered on May 15, 2024

Based on the information you've provided, it's unclear exactly what has happened with your overpayment. However, under California law, credit card companies are required to refund overpayments in a timely manner. Here are a few key points and steps you can take:

1. Contact Credit...
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3 Answers | Asked in Consumer Law for California on
Q: I booked a hotel in Hawaii for a week long stay at a very good price, now they called me to say it was a glitch

a glitch in the system and I would need to cancel and rebook the room at the correct price which is $600 more per night, and told me its a Innkeepers act that they have the right to do that? Nothing in their terms and conditions state they have the right to change if a price advertised was booked.... View More

James L. Arrasmith
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answered on May 14, 2024

Based on the information provided, it seems that the hotel is attempting to cancel your reservation due to a pricing error and require you to rebook at a higher rate. However, the legality of this action depends on several factors.

In general, if a business advertises a price and a consumer...
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3 Answers | Asked in Consumer Law for California on
Q: I booked a hotel in Hawaii for a week long stay at a very good price, now they called me to say it was a glitch

a glitch in the system and I would need to cancel and rebook the room at the correct price which is $600 more per night, and told me its a Innkeepers act that they have the right to do that? Nothing in their terms and conditions state they have the right to change if a price advertised was booked.... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 15, 2024

Like most things legal, the answer is "maybe."

Assuming this is on Maui, they have obviously gone through a rough time.

The argument would go, either they have limited rooms, so, the price goes up OR

no one is coming around so the price goes down.

That...
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2 Answers | Asked in Consumer Law for California on
Q: GE Appliances did not honour warranty of their refrigerator unit, it is 3 ms old, was fighting emails battle & no result

GE Rep. did everything to not to do anything… I have sent A LOT OF EMAILS, was getting promises of different type and for over 3 month NOTHING was done,.. I want to take ‘em to court for negligence and not honouring their warranty,. What are the chances to get em to pay a substantial fine and... View More

James L. Arrasmith
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answered on May 14, 2024

Based on the information you've provided, it seems that GE Appliances has not been responsive to your warranty claim for your refrigerator, despite your efforts to communicate with them over a period of three months. In such cases, you may have legal recourse under California law.

Here...
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2 Answers | Asked in Consumer Law, Civil Litigation and Collections for California on
Q: Would it be advisable to reach out to a lawyer now to submit a motion to quash, or wait until a default judgment?

I have a question about a civil limited case. I recently discovered that a summons and complaint (civil limited) were served, but not on me. It seems the process server falsely claimed to have served me at a specific date and time when I was actually about 10 miles away, parked in a garage, going... View More

James L. Arrasmith
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answered on May 14, 2024

It's best to act now and not wait until a default judgment. Reaching out to a lawyer to submit a motion to quash the service of summons can help you address the issue promptly and prevent any negative consequences from an incorrect default judgment.

With the proof you have, such as the...
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2 Answers | Asked in Consumer Law, Civil Litigation and Collections for California on
Q: Would it be advisable to reach out to a lawyer now to submit a motion to quash, or wait until a default judgment?

I have a question about a civil limited case. I recently discovered that a summons and complaint (civil limited) were served, but not on me. It seems the process server falsely claimed to have served me at a specific date and time when I was actually about 10 miles away, parked in a garage, going... View More

Leon Bayer
Leon Bayer
answered on May 14, 2024

I can't help but feel that you are going in the wrong direction. A motion to quash etc. is nothing more than fancy dance moves that do not win the lawsuit. It gives you extra time to file an answer or other response to the complaint. That's all it does for you. Are you going to waste time... View More

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2 Answers | Asked in Consumer Law, Civil Litigation, Internet Law and Gaming for California on
Q: Is it false advertising if a company said they wouldn't censor their game but then censors it on day one with a patch?

SHIFT UP. And Sony Interactive Entertainment explicitly said that the game Stellar blade would not be censored. Most of the physical copies are but the digital ones are not. In fact there was a day one patch to censor the costumes and sometimes it was forcibly thrust upon people. I'm not sure... View More

James L. Arrasmith
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answered on May 11, 2024

Based on the information provided, there may be potential legal issues related to false advertising and deceptive business practices. However, the specific circumstances and details of the case would need to be carefully examined to determine if any laws were actually violated.

Here are a...
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1 Answer | Asked in Consumer Law for California on
Q: i have an uncashed 2022 check. it is from Computershare/kcc for sat narayan v Fifth Third Bank. Is this legit?

Is there a contact that I can get a hold of so that i can have this check reissued.

James L. Arrasmith
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answered on May 10, 2024

Based on the information you provided, it appears that you have an uncashed check from 2022 related to the class action lawsuit "Sat Narayan v. Fifth Third Bank." This was a legitimate case that settled, and the settlement administrator was KCC Class Action Services, LLC, working with... View More

1 Answer | Asked in Consumer Law and Banking for California on
Q: Can my bank take 90 days to investigate an error even though my account isn't new? Do they have to give me temp credit?

I did a transaction for $795. The merchant claimed they didn't receive payment, but I was charged and my bank says the transaction was successful. I did a 3 way call with the merchant and my bank and it was made very clear that there was an error with the payment from my account. The merchant... View More

James L. Arrasmith
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answered on May 10, 2024

Under the federal Electronic Fund Transfer Act (EFTA) and Regulation E, which also apply in California, your bank generally has 10 business days to investigate an reported error, not 90 days. They must resolve the issue within 3 business days after completing their investigation.

Since you...
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3 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for California on
Q: My landlord entered my apartment without notice. He has the key. I was home and got very scared. What can I do about it?

My landlord said he rang the door bell and knocked the doors I didn’t hear at all. So he said he thought nobody was home and them entered as he has the key. I thought it insulting.

He said it was an emergency as the fire alarm battery was dead and needed replacement.

I argued that... View More

Leon Bayer
Leon Bayer
answered on May 10, 2024

Fire protection is a justifiable reason for him to enter. I'll assume he had the necessary battery and installed it during the incident.

You are being unreasonable.

I agree that it could have been handled better, but that does not mean it was handled in a way that is...
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3 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for California on
Q: My landlord entered my apartment without notice. He has the key. I was home and got very scared. What can I do about it?

My landlord said he rang the door bell and knocked the doors I didn’t hear at all. So he said he thought nobody was home and them entered as he has the key. I thought it insulting.

He said it was an emergency as the fire alarm battery was dead and needed replacement.

I argued that... View More

James L. Arrasmith
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answered on May 10, 2024

In California, landlords are required to provide reasonable notice before entering a tenant's unit, except in cases of emergency. The specifics of notice requirements may vary depending on the reason for entry and the terms of your lease agreement. Generally, 24 hours' notice is... View More

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3 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for California on
Q: My landlord entered my apartment without notice. He has the key. I was home and got very scared. What can I do about it?

My landlord said he rang the door bell and knocked the doors I didn’t hear at all. So he said he thought nobody was home and them entered as he has the key. I thought it insulting.

He said it was an emergency as the fire alarm battery was dead and needed replacement.

I argued that... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 12, 2024

Thank you for your question!

Changing the battery of a fire alarm does not seem to be an emergency, that poses immediate harm to people or property.

For repair, landlords are allowed to enter into the property by providing written notice in advance. If such a notice was not...
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2 Answers | Asked in Consumer Law and Business Law for California on
Q: If a store changes owners does the old owner have the right to tell the new owner a person is not allowed in the store

My boyfriend whom works at the store told me that my aunt whom owns the store says I'm not allowed to come in the store anymore..and didnt give any explanation why..is this legal

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answered on May 7, 2024

In general, a property owner or business operator has the right to refuse service to anyone, as long as the reason for refusal is not based on a protected characteristic such as race, color, religion, national origin, disability, or other factors covered by federal and state anti-discrimination... View More

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2 Answers | Asked in Banking and Consumer Law for California on
Q: Credit card dispute

◦ I applied for affordable housing and paid the required deposit. The agency reviewed my income and bank statements. However, they unexpectedly requested access to my “IRA retirement account,” which I consider confidential. I asked if I could hide the account number, but they rejected this... View More

James L. Arrasmith
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answered on May 7, 2024

In this situation, you have a few options to consider:

1. Dispute the charge with your credit card company: If you paid the deposit using a credit card, you can file a dispute with your credit card issuer. Explain that you were verbally assured of a full refund if you didn't qualify...
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1 Answer | Asked in Consumer Law for California on
Q: Credit card dispute

I applied for affordable housing, paid deposit, they wanted to see my retirement account, can't hide account number. I said for privacy and security reasons, I couldn't provide the confidential information. They cancel my application "without my permission", email me for... View More

James L. Arrasmith
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answered on May 7, 2024

Based on the information you provided, it seems that you have a reasonable case for disputing the deposit and seeking a full refund. Here are a few points to consider:

1. Privacy concerns: You have a valid reason for not wanting to share your confidential retirement account information....
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3 Answers | Asked in Consumer Law for California on
Q: For 39 days Chase bank hold my fund because a phone verification do I have a case
Scott Richard Kaufman
Scott Richard Kaufman
answered on May 6, 2024

1- First you look at the full/entire agreement you have with Chase. My GUESS is they have a WIDE range of power, you agreed to give to them, to put a "HOLD" on your funds. This is JUST a guess having never read that agreement;

2- THEN you see if in fact they have violated the...
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3 Answers | Asked in Consumer Law for California on
Q: For 39 days Chase bank hold my fund because a phone verification do I have a case
James L. Arrasmith
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answered on May 6, 2024

If a bank places an unusually long hold on your funds without a valid reason, you may have grounds for a complaint or legal action. However, the specific circumstances of your case would need to be evaluated to determine if Chase Bank acted improperly or illegally.

Under California law,...
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1 Answer | Asked in Consumer Law and Collections for California on
Q: What to do if a discovery request was received 30 days after they say they sent it?

I received a discovery request on a debt collection lawsuit on May 4, 2024 by an opposing Counsel, representing JPMorgan Chase Bank. The date on the discovery request is April 4, 2024 and the proof of service also states April 4, 2024 by mail though they have sent it with regular post (and not... View More

James L. Arrasmith
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answered on May 4, 2024

Given that you received the discovery request after the stated response deadline, you have a few options to address this situation:

1. Contact the opposing counsel: Reach out to the opposing counsel and explain that you received the discovery request on May 4, 2024, which is past the...
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2 Answers | Asked in Consumer Law and Agricultural Law for California on
Q: In plan English what is the law against shipping yeast nutient to California and why? Besides Ca. Being a BS. State
James L. Arrasmith
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answered on May 3, 2024

There are restrictions on shipping yeast nutrient products to California due to state regulations. The primary reason is that California has stricter environmental and health safety laws compared to many other states.

Yeast nutrients often contain ammonium salts like diammonium phosphate...
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2 Answers | Asked in Consumer Law, Business Law and Civil Rights for California on
Q: How do you get a refund after the Auction you bought a car from hasn’t delivered the car after 6 weeks?

We have a Car Hauling business and with the purpose of growing it, we bought a 2017 RAM 3500 from Global Auto Auction online, a company that sells cars from COPART, on March 14th, 2024.

During the phone conversation Vini was having with the Auction manager Jerry, while biding on the car, he... View More

James L. Arrasmith
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answered on May 2, 2024

I'm so sorry to hear about the terrible experience you've had with Global Auto Auction failing to deliver your purchased vehicle as promised. That must be incredibly frustrating, especially as it's negatively impacting your own business operations.

Under California law, you...
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