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California Consumer Law Questions & Answers

1 Answer | Asked in Consumer Law for California on

Q: Hey so I was wondering if companies are required to stick to their policies regarding refunds

They are in the state of California. I'm speaking about Sony Playstation. They have a return policy on games which they aren't keeping true to since they told me I cannot have a refund when they clearly state that there is an exception to faulty games.

William John Light answered on Aug 22, 2019

You can sue in Small Claims court for breach of contract and breach of warranty if you think the game is faulty. It will cost you about $175 in filing and service fees. But if you win, the defendant can be ordered to pay that plus refund the cost of the game.

1 Answer | Asked in Consumer Law, Civil Litigation, Lemon Law and Small Claims for California on

Q: Who is responsible for late/penalty fees from dmv at the time of sale? Or after the sale?

At the dmv i found out there was a $900 balance owed for penalty fees due to not being registered for 2 years. The seller says it's my truck now and i bought it "as is"

Do i have to pay the $900 to get the truck in my name? Oh and there is an illegal 2019 sticker on the plate...

William John Light answered on Aug 18, 2019

"Penalties may be waived upon payment of the registration fees due when a transferee (including a dealer) applies for transfer and it is determined that the registration penalties accrued prior to the transferee’s date of purchase and the transferee was not aware that the registration fees for... Read more »

1 Answer | Asked in Consumer Law, Federal Crimes, Identity Theft and White Collar Crime for California on

Q: Out first & ONLY attempt to release <in hand> absolute, binding proof, Staff + Exec Credit Union Corruption/Fraud/Kiting

Question is: who wants it? This won't even make it to arbitration, it's gonna be handcuffs for at least 3 High-ranking executives, down to scrub(s) that open account in July 2017.

As the CIO stated, "you can have as many sub-accounts as you want" Apparently I have several and I'm the... Read more »

William John Light answered on Aug 15, 2019

Sounds like a criminal or regulatory matter. The National Credit Union Administration is the independent federal agency that regulates, charters and supervises federal credit unions. You can submit a complaint to it here: complaint.mycreditunion.gov/CAC/CommunityLogin

1 Answer | Asked in Consumer Law and Appeals / Appellate Law for California on

Q: How would I go about making a motion to vacate a judgement renewal in lodi ca?

This judgement is almost 10 years old come sept and they have filed a renewal of judgement. I haven't heard from these people in over 9 years at least. It wasnt on my credit or anything and now they have gone form 2100 to 9000 in jidgement request. How do I get this stopped?

William John Light answered on Aug 11, 2019

You don't. They are entitled to renew every 10 years. If you want out from underneath the Judgment, pay it, negotiate a settlement, or file for bankruptcy.

1 Answer | Asked in Consumer Law, Contracts and Collections for California on

Q: Can Reverse Mortgage Distributions be garnished by general creditors?

Distribution is a single payment after refi

Bruce Alexander Minnick answered on Aug 7, 2019

Which question do you want us to answer?

1 Answer | Asked in Consumer Law for California on

Q: Need to get power chair from one facility to another can I be denied the right to go and get it

William John Light answered on Aug 7, 2019

This doesn't make a lot of sense. You can buy a power chair from whatever facility you want, if that is what you are asking. If your question is whether you can use the power chair of one store to drive to another store, the answer is no. That would be theft. The power chairs are for customers... Read more »

1 Answer | Asked in Collections and Consumer Law for California on

Q: Can I send someone to collections if they have a lien? Charge interest and fees?

I am a Doctor in SF, CA.

I have a granted a lien to a patient and her attorney 3 years ago.

The attorney and client stopped communication with me recently for no reason.

Can I send this account to collections even though they have a lien?

If so can I charge interest... Read more »

William John Light answered on Aug 6, 2019

You are entitled to reasonable updates on the status of the claim. If you aren't getting that, file suit against the attorney and client for breach of contract. You are entitled to pre-judgment interest in a lawsuit. As far as a collection matter, before lawsuit, you would be limited to whatever... Read more »

3 Answers | Asked in Consumer Law and Criminal Law for California on

Q: I sold a pack of Swisher Sweets to a minor. Police told me it won't go on my record. What should I do.

I'm a floater. I have seen this woman before, but police said she is 18. This is the first time this has ever happened to me. I will accept the fine, I just don't want me store to be fined or me do any jail time. I'm a single mother that helps my daughter take care of her kids, and my mother who... Read more »

Wais Azami answered on Aug 3, 2019

Call a local attorney or ask the judge to appoint you a public defender if you qualify financially. They'll give you a form to complete in order to find out if you qualify for free defense. But whatever else you do, do not give anymore facts regarding your case on an open forum such as this where... Read more »

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3 Answers | Asked in Consumer Law, Criminal Law and International Law for California on

Q: Can I get arrested for being drunk, although not being disruptive in any way, at the passport control?

I will be traveling from Frankfurt to CA, USA. I will be drinking on that airplane because it’s legal since I’m 17 and am within the drinking age of Frankfurt, Germany. Thus, if I drink legally, there is no way for the US border control to arrest me, correct? And they have no right to force me... Read more »

Wais Azami answered on Aug 2, 2019

Too many questions at once and I'll have even more questions in order to answer it properly. Can't do it here. This site is not safe and can be read by police. Call my office instead.

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1 Answer | Asked in Consumer Law and Contracts for California on

Q: Can a Californian company renew the contract term even consumer has indicated intention to cancel?

Company A has entered into a contract with Company B, a provider of data analytic services having its address in California, which includes the following automatic renewal clause:

“The term of this Agreement shall commence as of August 1, 2018 and shall continue until April 30, 2019.... Read more »

Bruce Alexander Minnick answered on Aug 1, 2019

So....is this a question taken from a first year law school contracts class test? If so, the answer is "maybe."

Hint: Commercial contracts are NOT the same a "consumer" contracts.

1 Answer | Asked in Consumer Law for California on

Q: My car was towed sometime between 4:30pm-4:40am when I had it parked with 2017 tags(expired tags) on residential street.

Shouldn't I have gotten a warning or a ticket first before they impounded my car?

William John Light answered on Jul 30, 2019

No.

1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Small Claims for California on

Q: I'm currently trying to weigh my options. I have a private parking attendant targeting my vehicles for personal reasons.

My vehicle was towed Thursday my issue with this is they've tried towing my car while I'm in it, leaving other vehicles unticketed. I've now lost my vehicle (which was my residence) the sign states 7 days a week from 8am -11 pm however this week alone they've shown up twice and they are rarely if... Read more »

Dale S. Gribow answered on Jul 29, 2019

more info needed

you should call a lawyer in your area for their evaluation. Most criminal lawyers will provide a free consultation and possibly a civil lawyer will too.

I assume they are saying you are not parking but rather living in the car against some code section.

1 Answer | Asked in Consumer Law and Identity Theft for California on

Q: Office Depot charged my account for purchase never made, they can't locate the transaction. Paypal denied help. Lawsuit?

I made a purchase online at Office Depot in April, I got the item (chair). In June, same amount with the same exact details was debited AGAIN from my Paypal, by Office Depot, but I didn't make this purchase this time. I reported it as fraud, then as a duplicate transaction to Paypal. Both times... Read more »

William John Light answered on Jul 29, 2019

Sue Office Depot in Small Claims for a refund, and/or notify your credit card company that you dispute the charges and that you instruct it not to pay.

2 Answers | Asked in Consumer Law and Lemon Law for California on

Q: How do I get Apple to honor their warranty on a $4K 2018 MacBook Pro with extreme heating and component failure issues?

I've had the unit for five months. Reported the problem the first week. I was cut by screen shards from an exploding screen. Apple said they will repair the defective components but not the screen, citing "Accidental Damage" which it's not. The screen failure in the lower left corner is from... Read more »

William John Light answered on Jul 28, 2019

Sounds like Small Claims for breach of contract and breach warranty of fitness and breach of warranty of merchantability.

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1 Answer | Asked in Consumer Law for California on

Q: Is there any "contract" when purchasing fast food ? If so is this breach of the duty of good faith and fair dealing?

I purchased a soda from a drive thru for my mother that was too sick to drive herself, she almost gagged after taking a sip & so did I after I removed the lid because there was an old rotten big slice of lemon floating not even any ice & this place doesn't even offer lemons neither in their food or... Read more »

William John Light answered on Jul 28, 2019

Your damages for the soda are the cost of the soda, so if you want to sue in Small Claims for $1.29, you might have a case, except you can't prove there was a lemon, or that it was rotten. You have no damages for the restaurant calling the police.

2 Answers | Asked in Consumer Law for California on

Q: How to start a class action suit against Title Max Inc. in California for predatory loan practices.

They charge 300 to 500% interest on their title loans for example, for a $2500 loan you end up paying about $10,000 on that loan. It should be illegal and no respectable financial institution would take it vantage of their customers in such a way. They have an F rating with the Better Business... Read more »

William John Light answered on Jul 26, 2019

To my understanding, there is no limit on interest rates for loans over $2,500 from a duly licensed finance lender. See Financial Code section 22007 & 22303.

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1 Answer | Asked in Consumer Law for California on

Q: I have an old person that paid off my car, ($1700.oo)

I am to pay her back in payments. It is a written agreement. Not notarized. She is very old and may die soon. If she dies, am I relieved of payments, or what do I do? No husband living.

William John Light answered on Jul 26, 2019

You would pay her Estate, or her her heirs.

1 Answer | Asked in Consumer Law and Collections for California on

Q: Are we still Responsible TO PAY ATT for our business line AFTER A YEAR OF THEM NOT BILLING OR NOTIFYING US?

Early 2018 they were overcharging our acct & said they have a right to change rates anytime! ATT then offered another plan which was really similar to what we had with the original rates. They said there would be readjustments & credits initially sent & it would balance out. I re- verified our... Read more »

William John Light answered on Jul 26, 2019

You have an obligation to pay for services rendered whether ATT&T mailed you a bill or not. You obviously knew that you received the services and that payments was due. You could have contacted the billing dept. at any time. Whether you are responsible for late fees or can reach some agreement... Read more »

1 Answer | Asked in Consumer Law for California on

Q: Result of farrell vs. boa on july 22 2019 Its a class action lawsuit that went back to court today july 22 2019

Farrell vs. Bank of America

William John Light answered on Jul 22, 2019

http://www.eobcsettlement.com/Home/ContactUs

1 Answer | Asked in Civil Rights and Consumer Law for California on

Q: california civil code 1632(6)

Louis George Fazzi answered on Jul 15, 2019

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