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Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Small Claims and Insurance Bad Faith on
Q: We submitted 2 years worth of all insurance claims recently and we're declined for all of them.

We have paid all premiums for 2+ years.

Tim Akpinar
Tim Akpinar
answered on Dec 3, 2023

A California attorney could advise best, but your question remains open for a week. If the terms of your policy, or applicable insurance regulations, required submitting bills within a given timeframe and that was not done, that could result in denials for the submittals being time-barred. But... View More

1 Answer | Asked in Construction Law and Consumer Law for Texas on
Q: I had a foundation company do work about 3 months ago. They are not honoring warranty.

They did work, said because of the summer drought and not watering the foundation has jumps in the floor now and it’s needs adjustments and 10 more piers. What do I do?

James L. Arrasmith
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answered on Dec 2, 2023

In your situation, the first step is to thoroughly review the warranty provided by the foundation company. Understand the terms and conditions, especially those related to drought conditions and the requirement for additional piers.

If you believe the company is not honoring their warranty...
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1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Federal Crimes for California on
Q: How to find out about a unknown investigation being conducted against me that I believe is being done illegally?

I have a downstairs neighbor who's been harassing, invading privacy and recording me and following me to family members houses and invading their privacy and trespassing. They have been monitoring me since August the property management claims that no one's lives below me and the next day... View More

James L. Arrasmith
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answered on Dec 1, 2023

If you believe you are being illegally investigated or harassed, there are several steps you can take. First, document everything. Keep a detailed record of incidents, including dates, times, and descriptions of the harassment or surveillance. This documentation can be crucial if legal action is... View More

2 Answers | Asked in Consumer Law for California on
Q: I just bought a 4K movie that includes a digital copy digital copy is expired That's false advertisement could lawsuit?

I bought a 4K movie and it said that it came with a digital code The code was expired It was a brand new movie from Best buy Warner Brothers said tough luck pretty much in the email That's false advertisement Am I not correct on that could that be a lawsuit because I bought it for the digital... View More

James L. Arrasmith
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answered on Dec 1, 2023

Your concern about the expired digital code in a newly purchased 4K movie, which was advertised as included, is understandable. This situation may indeed be considered misleading or false advertisement, particularly if the digital code was a significant factor in your decision to purchase the... View More

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1 Answer | Asked in Consumer Law, Tax Law, Civil Litigation and Small Claims for Pennsylvania on
Q: Tow Company sold my vehicle and possessions with no notice and no title change. What can I do?

Was in a minor vehicle accident which led to a tow company towing and subsequently storing my vehicle. When I called to find out about retrieving my truck and personal property within, I was told that they sold the truck to a local fire co for use in a training exercise and then it was scrapped.... View More

James L. Arrasmith
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answered on Dec 1, 2023

In this situation, it appears that the tow company may have violated certain legal procedures. Generally, tow companies are required to provide notice before disposing of a vehicle, and they must follow specific protocols for the sale or scrapping of vehicles, including handling any personal... View More

2 Answers | Asked in Consumer Law for Louisiana on
Q: Can you make a company honor a quotation after both parties agree to the price?

I was looking at options for homeowners insurance and reached out to Allstate. They said they could provide coverage only if I moved my auto insurance there as well. I agreed, and they send a quote for both homeowners and auto insurance. The price was agreed upon by myself and the insurance... View More

James L. Arrasmith
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answered on Dec 1, 2023

In Louisiana, if a quotation from a company like an insurance provider is agreed upon by both parties, it generally forms a binding agreement. However, the enforceability of this agreement depends on the specifics of the communication and the extent to which the terms of the quote were clear,... View More

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1 Answer | Asked in Consumer Law for Massachusetts on
Q: Can auto manufacturers change the window sticker of a vehicle already on a lot to increase the price?

My new truck had an online sticker price of $67070, when I picked it up the window sticker in the glove box said $65380. FCA RAM LLC allows customers to lookup stickers online, when I did this it said $67070. The VIN is the same on both stickers, they decided at some point to change the price... View More

James L. Arrasmith
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answered on Nov 30, 2023

In Massachusetts, the situation you described regarding the changing of a vehicle's window sticker price is not typical and raises several legal questions. Vehicle pricing, especially for new vehicles, is generally expected to be transparent and consistent.

The window sticker, often...
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1 Answer | Asked in Consumer Law for Texas on
Q: How is promoting BTC and coins at peaks or any other non crypto type of stocks/bonds assets ect. not considered illegal?

Like wouldn't that be using influence (i.e. it's "social investment platform") to promote something that itself is going to profit off of while selling to these individuals it's actively promoting too?

Edit:1 how is it imaginary and not the dollar as well? As it is... View More

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

Legal scholar Eric Posner has commented, "A real Ponzi scheme takes fraud; bitcoin, by contrast, seems more like a collective delusion."

Bitcoin, like all cryptocurrency and now NFTs, isn't a tangible thing. It's more like the number of gold pieces a character has in a...
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1 Answer | Asked in Small Claims and Consumer Law for Texas on
Q: I sold item online. I shipped, has receipt, package lost, customer doesn't want to wait for claim but want to sue me

I shipped, has receipt, tracking updated I dropped off. On expected delivery date tracking said will delivery by 7pm but never delivered and no more update. Customer doesn't want to wait for me to claim with ups but want to sue me. Tricked me when call talk about issued took picture of me and... View More

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

The answer to your question depends on the terms and conditions of the sale, the terms and conditions of the delivery service you used, and, if applicable, the terms and conditions of any platform you may have used to market and sell the product online.

For example, the US Postal Service...
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1 Answer | Asked in Consumer Law and Contracts on
Q: Hi,Can I dispute a refund if my dentist didn't finish my ortho treatment within the contract date?

All services have been paid off, but now I'm being transferred to another dentist; I perceive that now, that I have paid off my contract they no longer want to work with me. I've reached out to the front office in regards to my situation, but all they do is leave a note and that... View More

James L. Arrasmith
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answered on Nov 29, 2023

You have the right to expect the services you paid for to be completed as per the terms of your contract with the dentist. If the treatment was not finished within the contract date and you are being transferred to another dentist without a satisfactory explanation, you may have grounds to dispute... View More

1 Answer | Asked in Consumer Law for California on
Q: I am wondering if there are lawyers that help consumers with solar companies that will not repair or replace?

I have leased panels from a solar company since 2009 and they will not repair or replace them.

James L. Arrasmith
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answered on Nov 28, 2023

In California, there are attorneys who can assist with issues related to solar panel companies, especially if these companies are not fulfilling their contractual obligations for repair or replacement. Your lease agreement with the solar company is key in determining your rights and the... View More

1 Answer | Asked in Consumer Law, Constitutional Law, Gov & Administrative Law and Health Care Law for Arizona on
Q: What are my options, if the pharmacy is not familiar with Kevin's Law and refused my emergency insulin refill?

It's a holiday weekend and myself and the pharmacy have both been very unsuccessful with obtaining a new prescription from my physician for the last few days. My current insulin prescription has zero refills remaining and today I asked the pharmacy for an emergency insulin refill and they... View More

James L. Arrasmith
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answered on Nov 28, 2023

In Arizona, Kevin's Law allows pharmacists to provide emergency refills of non-controlled medications for up to a 90-day supply, under certain conditions, when a doctor's authorization is not immediately available. This law aims to prevent lapses in critical medication, like insulin, due... View More

1 Answer | Asked in Civil Litigation and Consumer Law for California on
Q: Tow truck company unhooked my shifter lever so they could tow it and didn't fix it when I asked them to drop it
James L. Arrasmith
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answered on Nov 27, 2023

Under California law, tow truck companies are required to exercise due care in the handling and transportation of vehicles. If a tow truck company damages a vehicle during the towing process, such as by unhooking the shifter lever and not fixing it, they could potentially be held liable for the... View More

1 Answer | Asked in Consumer Law for California on
Q: Do towingcompanies when they tow your car , do they have to except credit cards
James L. Arrasmith
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answered on Nov 27, 2023

Under California law, towing companies are not universally required to accept credit cards. The payment methods they accept can vary based on the company's policies. However, many towing companies do offer the convenience of credit card payments, especially in urban areas.

If your car...
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1 Answer | Asked in Business Law, Consumer Law, Civil Rights and Communications Law for California on
Q: Can a business in California record phone calls without the caller knowing.

I live in a student housing complex in the San Diego area and was wondering if there were any legal repercussions to a business for recording phone calls without the calling party’s consent. When calling this company there is never a message that notify’s the caller that the call is being... View More

James L. Arrasmith
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answered on Nov 27, 2023

Under California law, recording phone calls without the consent of all parties involved is generally prohibited. California is known as a "two-party consent" state, as outlined in the California Penal Code Section 632. This means that for a phone conversation to be legally recorded, all... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Education Law for Oregon on
Q: I am seeking your legal counsel regarding a series of events that have significantly impacted my housing security

January to May 2023: Rent payments made timely and without incident.

• June 2023: Discussions with the OCB ensured continued support.

• July 2023: Rent payment was missed due to the school’s oversight.

• August to October 2023: Rent payments resumed as per usual.... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 26, 2023

More information is needed. Was July rent ever paid? Was November rent ever paid? If all past due rent was paid within the 10 days specified in the notice, it likely is a defense to any eviction. You say the eviction process continues but they should not have even filed in court to evict until... View More

3 Answers | Asked in Bankruptcy and Consumer Law for Virginia on
Q: What would happen If I leave my job and collect social security and a small pension and stop paying all unsecured debt?

65 years old. Live in Virginia. Own home with mortgage and would keep current on payments. Own one car with no loan. No savings.

Would I be judgement proof?

My home equity is $300K. But isn’t a primary residence exempt from unsecured debt creditors?

Martha Warriner Jarrett
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answered on Nov 26, 2023

Your Social Security and pension are exempt and, depending on where you live, you are eligible to claim a homestead exemption under your state law. Same with your car. If your equity is less than your homestead exemption, you are probably judgment proof. However, that will not keep your creditors... View More

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3 Answers | Asked in Bankruptcy and Consumer Law for Virginia on
Q: What would happen If I leave my job and collect social security and a small pension and stop paying all unsecured debt?

65 years old. Live in Virginia. Own home with mortgage and would keep current on payments. Own one car with no loan. No savings.

Would I be judgement proof?

My home equity is $300K. But isn’t a primary residence exempt from unsecured debt creditors?

Bernard S. Via III
Bernard S. Via III
answered on Nov 27, 2023

You should talk with a bankruptcy lawyer in the state you reside. Whether you can file a ch. 7 and hang on to your house is questionable. Most states do not allow you to retain a large amount of equity. VA. looks at tenancy by entirety ownership and whether your wife is a joint creditor with you.... View More

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3 Answers | Asked in Bankruptcy and Consumer Law for Virginia on
Q: What would happen If I leave my job and collect social security and a small pension and stop paying all unsecured debt?

65 years old. Live in Virginia. Own home with mortgage and would keep current on payments. Own one car with no loan. No savings.

Would I be judgement proof?

My home equity is $300K. But isn’t a primary residence exempt from unsecured debt creditors?

James L. Arrasmith
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answered on Nov 27, 2023

If you stop paying unsecured debts, creditors may take legal action against you, such as filing lawsuits to recover the owed amount. However, in Virginia, Social Security benefits and pensions are generally protected from garnishment by unsecured creditors, which means your income sources might be... View More

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1 Answer | Asked in Consumer Law for California on
Q: UPS lost the package I shipped out, was not offered shipping protection, so i can’t get money for it. Can I sue?

I shipped out the package to a house and they lost in before it got there, they won’t give me the full amount of the item back because I did not have shipping protection, but when I shipped out the package I was never offered that nor did I know about it.

James L. Arrasmith
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answered on Nov 26, 2023

In California, if UPS lost a package you shipped and you were not offered or aware of shipping protection, you may have grounds to pursue legal action, but there are several factors to consider.

First, review the terms and conditions of UPS's shipping service, which typically outline...
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