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California Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for California on
Q: I did not receive an order from Nordstrom, using fedex. They say someone signed for the delivery and won’t give a refund

The “signature” was clearly bogus. Do I have any recourse?

James R. Dickinson
James R. Dickinson
answered on Oct 9, 2022

A forged signature can be reported to law enforcement. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

2 Answers | Asked in Consumer Law, Civil Litigation, Civil Rights and Collections for California on
Q: Is the towing bill (impounded vehicle) not protected by FDCPA in CA?

My car was donated in 2019. I submitted NRL online.

In Feb 2022, a towing company sent me a bill regarding my car got abandoned and I need to pay them to claim the car. The ownership was never transferred. The notice didn't tell what other thing (e.g. dispute, show proof of NRL) that I... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Oct 9, 2022

Can you sue for fdcpa? Possibly. Keep in mind the statutory damages are fairly small. This is not a do it yourself matter and you should hire a consumer attorney. Fdcpa allows for attorney fees so most attorneys take such cases on contingency. There may also be fcra violations. All documents would... Read more »

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2 Answers | Asked in Consumer Law, Contracts, Business Law and Internet Law for California on
Q: Can I get in legal trouble for fees that I was not aware of and did not agree to?

I believe I have been scammed by Nutex, a crypto app. I tried to withdraw 1400 and they told me to pay 1400 as a safety deposit to comply with laws and it would be paid along with my initial investment. I did in my foolishness. They then told me I needed to pay 2000 to process it because it was... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Oct 8, 2022

Seems like a scam to me as well.

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1 Answer | Asked in Consumer Law for California on
Q: We purchased a 2018 Fleetwood Bounder 35P from La Mesa RV West Sac. on 2/20/2022. It had a recall they didn't address.

We have not been able to use the RV due to a continued problem with the kitchen slide. It has been worked on by 3 mobile mechanics, and in their shop 2 times. It is in their shop right now for a very long time. We have had the RV for a little over 7 months, and the slide stops functioning every... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 7, 2022

Can't tell IF you have a case without more info, BUT, since it is an RV and most are lemons, you may. THAT said, the CA lemon law covers "New motor vehicles" and "Consumer goods." Your RV is NOT a new motor vehicle. Also, to be a 'consumer good' under the CA lemon... Read more »

3 Answers | Asked in Consumer Law and Collections for California on
Q: Is this a scam?

I was emailed by a supposed debt collector threatening to sue me. The mail contains no physical address, who the parent company is through the main company. Lists several companies. Threatens to garnish my wages and freeze my bank. Also, threatens to contact employer. They have several misspelling... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 5, 2022

There are certain magic words and warnings they must give. I am not familiar with those words/warnings. SOUNDS like not necessarily a scam but, still unlawful debt collection? I'd seek an attorney who handles unfair debt collection and I'd be VERY wary of giving them a nickel as that... Read more »

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1 Answer | Asked in Banking, Business Law, Civil Litigation and Consumer Law for California on
Q: Anti trust and Consumer Laws being broken by Apple Inc. How to bring a case against Apple, it’s Euro subsidiary Company?

Breach of Data, Breach of Privacy by use of force of aggravated identity theft which has resulted in online bank account financial theft.

James R. Dickinson
James R. Dickinson
answered on Oct 4, 2022

More information is needed.

1 Answer | Asked in Consumer Law for California on
Q: Requesting help with a consumer issue can a class action lawsuit be made again a delivery food service?

Can they be held lieable for not being easily accessible for the disabled/ low income class with a main source of income being ebt and they don’t give the option to pay with ebt although they contract with Resturants that do accept ebt ?

James L. Arrasmith
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answered on Oct 4, 2022

A company does not have to accept EBT. It is a program that vendors can participate in, but it is not a requirement.

2 Answers | Asked in Consumer Law for California on
Q: What can I do if a company is not issuing your refund even though they accepted the item back?

I bought a cream from my doctor's office at Medical Providence. It was $100 and upon thinking about it I decided it was a bit too costly for me. The very next day, I went back to my doctor's office and I asked to return the cream (unopened). They were hesitant at first but in the end they... Read more »

James L. Arrasmith
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answered on Oct 4, 2022

You can sue in small claims court for breach of contract, promissory estoppel and also likely California Business and Professions Code § 17200 for fraudulent business practices.

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1 Answer | Asked in Consumer Law and Public Benefits for California on
Q: I fell off the Monkey bars at the gym and fracture my leg. Could I sue for physical damage?

I wasn't able to walk and lost my Job. I still have problems with my leg.

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

You could sue. My guess is the gym had you sign a waiver when you joined, so you'll have to contend with that. Speak with a local litigation attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You... Read more »

1 Answer | Asked in Consumer Law for California on
Q: I am thought a business cannot take Driver's License information when making a purchase, based on murder of an LA actres
James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

This is one of the more interesting questions of the day. Not sure what you mean, but speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal... Read more »

1 Answer | Asked in Consumer Law, Business Law and Internet Law for California on
Q: Hello I am wondering if a lawsuit can be brought against yahoo for strong arming customers into their prem tech suppt.

I called yahoo today about an issue with receiving an email from TIKTOC. I had no trouble getting in my emails on my cell phone or desktop computer at all and use it daily. After speaking to the Agent I was logged out on all devices to my yahoo account then told I had to reset the password. An old... Read more »

James L. Arrasmith
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answered on Sep 17, 2022

It may be considered false or deceptive advertising under California Business and Professions Code § 17200.

1 Answer | Asked in Consumer Law for California on
Q: I am having issues with a dermatologist who is not honoring the "deal"/set of treatments for a specific price, that we m

I paid quite a bit of money last year for some treatments for my skin. The doctor said she would include treatments for my hands, but she did not do those treatments and when I asked her about it, she was very defensive, but then agreed she would honor that. Now, she has decided she doesn't... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Sep 14, 2022

Sounds kind of unethical on your part and on the doc's part.

Maybe there is (medical) board to complain to? Hard to say.

Good luck with it.

1 Answer | Asked in Consumer Law for California on
Q: I have credit card charges of $14.95 per mo. starting January 2019 for a Subscription we didn't use. Can I get a refund?

The company, Chegg required the subscription on January 22, 2019 so my daughter could buy a text book. I didn't notice the $14.95 on my credit card statement until July 2022. We contacted Chegg and they refunded 3 months ($44.85), but we've paid them $612.95 in subscription fees. Does... Read more »

James L. Arrasmith
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answered on Sep 11, 2022

Likely you are on the hook if you signed up for reoccurring payments. However, it could have been deceptive advertising if the presence of these reoccurring charges were not clearly made to you when you signed up.

1 Answer | Asked in Consumer Law for California on
Q: like to know if am in the right website. Need a lawyer to help me recover my savings at NFCU Please advise. R/CG

I have already explained

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Sep 11, 2022

Hi,

Justia is a good website to find lawyers. I am a California attorney and can give you a free consultation. Feel free to get in touch with me.

2 Answers | Asked in Consumer Law for California on
Q: I had a debt in 1998 and was renewed 2007 and 2017. Now my wages are being garnished. Can they do this
Yelena Gurevich
Yelena Gurevich
answered on Sep 7, 2022

yes. a judgment can be renewed every 10 years (forever) until paid or possibly discharged in bankruptcy.

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2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Copyright for California on
Q: hey I have this assignment for a criminal law philosophy class I'm taking, I need help brainstorming

I can think of a few laws that fall under this idea, but none that are intriguing enough to write a paper about. Any ideas of a law that we regularly abide by even though it doesn't directly align with personal values?

"We have respect for the law, as an institution, even though... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 2, 2022

Not sure this meets your "regularly abide by" criterion, but, I practiced in Oklahoma City for 15 years, and there was a criminal law on the books sanctioning the "Abominable Crime Against Nature" (originally passed, it is surmised, to outlaw anything that gay people might do... Read more »

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1 Answer | Asked in Consumer Law and Small Claims for California on
Q: Who should I name as defendant in CA small claims case

I paid cash for a used motorcycle from a repair/dealership owned by someone I have known a long time. The owner himself sold it to me. I gave him the cash, he gave me the title and keys. Done deal right? Well turns out the title he gave me was 'invalid'. I found this out after bike was... Read more »

Leon Bayer
Leon Bayer
answered on Sep 1, 2022

nAME BOTH OF THEM, AND LET THE COURT DECIDE.

1 Answer | Asked in Consumer Law and Business Law for California on
Q: Is Doordash responsible for repeatedly serving alcohol to an intoxicated person on a daily basis?

Door dash delivered alcohol on a daily basis for years to a severe alcoholic.

William John Light
William John Light
answered on Aug 27, 2022

No. ". . .furnishing of alcoholic beverages is not the proximate cause of injuries resulting from intoxication, but rather the consumption of alcoholic beverages is the proximate cause of injuries inflicted upon another by an intoxicated person."

Civil Code section 1714...
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1 Answer | Asked in Consumer Law, Civil Rights and Constitutional Law for California on
Q: How do i get my truck that tow company says they don’t have anymore, back from tow company after lien sale was denied?

Truck was not required to be registered when it was impounded, per ca veh code

Louis George Fazzi
Louis George Fazzi
answered on Aug 17, 2022

You need a lawyer who can handle this for you. There are many great lawyers near you who are well qualified to help you with this case. Most of them will give you a free consultation.

Prepare a chronology of the events, name all witnesses, and copy all of your documents and take them with...
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1 Answer | Asked in Consumer Law and Insurance Bad Faith for California on
Q: What consumer laws where broken when my insurance decided my personal property was business use and didn’t cover my loss

My engineering hobby has turned into an expensive hobby. On Jan 17th 2022 the owner of the building where i rent removed the roof during the rainy season and lots of my equipment was ruined. The insurance company did not honor my claim calling my equipment business related. My insurance was not for... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Aug 12, 2022

What I see from your fact pattern is you failed to protect the items knowing the roof was being removed OR there was no notice the roof was being removed and that puts the LL on the hook. On your issue re: your insurance, you can argue until the cows come home and you may win??? But, so far, as... Read more »

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