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Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Municipal Law for New Jersey on
Q: The trade in dealership failed to turn in my plates resulting in my drivers license being suspended

Resulted in my driver's license being suspended, not being able to drive, the new car not being able to be driven, and DMV wanting to fill out forms with process times of 7-10 business days, plus cost of restoration plus daily suspension fees.

Morris Leo Greb
Morris Leo Greb answered on Jan 14, 2021

You have an excellent cause of action to file a civil action against the dealership to recover any damages you nhave sustained. Further, you may wish to file a criminal complaint also. However, when demanding payment for damages do not threaten filing a criminal complaint if the dealership refuses... Read more »

2 Answers | Asked in Estate Planning, Consumer Law and Real Estate Law for California on
Q: How long can a home remain in a deceased persons name?

My grandmother died several years ago leaving 2 houses paid for. How Is it possible for a house to still be in her name today, and with a loan on it in her name as well? The properties were inherited by her one surviving daughter who did not want either of them in her name (she had an automobile... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 14, 2021

This sounds like two things:

- An obvious attempt to cheat the system re: someone they harmed;

- Some sort of potential sour grapes on the part of the asker, who, by the fact pattern, had zero interest in either of the properties, leaving it unclear as to why the question is being...
Read more »

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1 Answer | Asked in Consumer Law for North Carolina on
Q: Our HOA received money from FEMA after a hurricane 3 years ago. HOA won't release how they allocated that money.

They mishandled the money, and many units are still unfinished. How can we get them to release those documents showing how they spent the money, which was supposed to go to the condo owners.

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jan 13, 2021

You read your condo declarations and follow the procedures outlined therein to request inspection of the books and records. Follow them to the letter. Make written demand to the correct address and get proof of delivery, for example. If they do not comply, follow the procedures to put questions or... Read more »

1 Answer | Asked in Civil Rights and Consumer Law for North Carolina on
Q: Hi I received a check on the mail pertaining to this case and I wanted to know if I could take further action ?
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jan 13, 2021

Please repost your question with more specifics. What kind of check and what "case"?

1 Answer | Asked in Consumer Law for California on
Q: Can I sue the repossession company for never sent me notice after repossessed my car?

The incident happened on 01/03/2020 when my car was repossessed at 8:00 o'clock in the morning due to the late response back to the finance company about the vehicle title that they need me to mail in along with POA signed document but I did it late like 1 month(All my payment is paid on time... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 11, 2021

That's a definite "maybe." I like Steve Simons (atty) for these types of cases. Please tell Steve I said hello.

1 Answer | Asked in Consumer Law, Products Liability and Small Claims for Michigan on
Q: Can I create custom AUDI emblems/badges out of gold/silver for my own vehicle and or to make as a product for retail?

Im an AUDI enthusiast and also a custom jewelry designer and fabricator with a small LLC. Ive wanted to replace the metal AUDI symbol and vehicle badges (S4) that are in various locations on the vehicle with identical replicas in diamond encrusted gold/silver, but understand there are probably many... Read more »

Trent Harris
Trent Harris answered on Jan 11, 2021

You can do it for yourself on your own vehicle, but you wouldn't be able to offer them for sale to others due to trademark issues. If you were to sell them at retail, you would need to obtain a license from Audi, otherwise you could be sued for trademark infringement.

1 Answer | Asked in Consumer Law for California on
Q: is consumer supposed to know where the products are coming from?

I bought a bag of Goji berry shows "USDA", "Organics"; is it supposed tell where it's been made?

also the website: reddroal.com is empty?

William John Light
William John Light answered on Jan 10, 2021

Country of origin labeling is required for fresh or frozen fruit. ams.usda.gov/rules-regulations/cool. "USDA" presumably only means that it has been inspected by the USDA before sale. "Organic" means that it is grown and processed according to regulations that address many... Read more »

1 Answer | Asked in Consumer Law and Collections for Michigan on
Q: Are there any lawyers in the southeast Michigan area that specialize in FDCPA?

I see several on here, but i can't seem to get one to return my phone calls or email. If you specialize in going after debt collectors for violating the FDCPA or know of one located in that area, can you please leave a working phone or email i can reach them or you by? I would greatly appreciate it.

David Soble
David Soble answered on Jan 10, 2021

Probably the best thing to do is to contact the lawyer's office and request a set calendar time to speak with the attorney. This way you won't be frustrated with 'phone tag."

Good luck. www.ProvenResource.com

1 Answer | Asked in Consumer Law, Copyright, Business Formation and Business Law for Indiana on
Q: Can I buy a website very similar to a popular brand’s site and use that to sell similar merchandise?

The website I would be buying is the same words just moved around. And the merchandise would potentially be clothing designed to look similar to the original brand’s clothing but not the same. Or would it be legal to offer this new and similar domain to the owner of the original for a price?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 8, 2021

don't do it

too close for comfort

you can be sued

consult with an attorney

2 Answers | Asked in Consumer Law, Products Liability and Intellectual Property on
Q: Is it legal to make a promotional video for a product that is not mine?

I had a question for an idea i wanted to do but not sure if it is legal? is it legal/ok to make promotional video for a product thats not mine. For example if i make an affiliate link on amazon products but would like to advertise my affiliate link with a self made video of product in a paid... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 7, 2021

Depends

it may fall under fair use, review, commentary

You should consult with an attorney to assess your risks

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2 Answers | Asked in Consumer Law for California on
Q: I want to send a inhouse legal notice for recovery of money in California how should i proceed
William John Light
William John Light answered on Jan 6, 2021

Unclear what the basis for your request is, but attorneys generally explain why there is money owed under the law and facts, and then make a demand for payment. Threats of criminal prosecution, public exposure, or violence will get you prosecuted for extortion or other crimes.

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1 Answer | Asked in Consumer Law and Collections for Michigan on
Q: Is it safe to pay a debt collector in full?

This is the second debt collector I'm dealing with. The first debt collector i was dealing with couldn't provide all of the information i requested in my validation request letter, so they passed it to another debt collector. People keep telling me that paying a debt collector is a very... Read more »

Adam Alexander
Adam Alexander answered on Jan 6, 2021

You are right to be wary. Some lawyers will give you a free consultation and review these validation letters and responses to see if you have a potential legal action. If your goal is to pay the debt and not be hounded by additional debt collectors I would advise you to consult with a FDCPA lawyer... Read more »

1 Answer | Asked in Banking, Civil Litigation, Consumer Law and Contracts for New York on
Q: how can I force the original creditor to provide documentation of the debt or remove account from my credit report
Tim Akpinar
Tim Akpinar answered on Jan 6, 2021

This could be something that a collection defense attorney would be able to advise best on. All the categories you chose make good sense, but you await a response for four weeks. You could try reposting and adding Collection as a category. Not all posts are picked up, but you'd probably have... Read more »

2 Answers | Asked in Consumer Law and Civil Litigation for California on
Q: Is it feasible to file a motion to compel arbitration in a collections lawsuit, as the defendant? Hoping they'll drop
Yelena Gurevich
Yelena Gurevich answered on Jan 5, 2021

if there is a binding arbitration clause in the contract, then yes, you can file a motion to compel arbitration.

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2 Answers | Asked in Consumer Law and Collections for Michigan on
Q: I've been contacted by a law firm to collect a debt i was unaware of until another debt collector threatened to sue me??

I never received a bill from the original creditor. The first letter i got from the debt collector was them threatening to sue me, so i sent 2 letters requesting validation. The first time, they didn't provide all of the information i asked for. The second time, they didn't respond and i... Read more »

Trent Harris
Trent Harris answered on Jan 4, 2021

You could call the law firms for both debt collections, and ask them who the original creditor and the original account number was for each. You could also send them a letter asking the same questions. Keep in mind that when you talk to them on the phone, they will be recording the phone call. You... Read more »

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1 Answer | Asked in Consumer Law for Ohio on
Q: Hello. May I please have a small moment of your time?

I hired a roofing contractor to replace my roof. All he have done is tarp the areas that were leaking. However, once my insurance cut the check, he said he needed the whole check to replace my roof but, 25% of the check was supposed to be used for the drywall repairs on the inside. He also said I... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Jan 4, 2021

This will depend on what the contract you signed said. Most of the time for roof repair you are required to make payments in intervals, with the full amount due upon completion. If the contract was silent on that, then you should not have to prepay unless specifically stated.

If there was...
Read more »

1 Answer | Asked in Consumer Law for Missouri on
Q: The law stating that ticket scalping is illegal. Would this apply to the mass of product scalping going on as well

Such as the massive price tag people are placing on new devices

Tim Akpinar
Tim Akpinar answered on Jan 3, 2021

A Missouri attorney could advise best, but your question remains open for five weeks. It can apply IN PRINCIPLE, but it could also involve separate laws. The objective is similar, to prevent abuse and exploitation of consumers - whether it be gasoline containers and generators after a hurricane, or... Read more »

1 Answer | Asked in Consumer Law, Foreclosure and Real Estate Law for Illinois on
Q: Where can I find a free or fee based attorney to help me save my house? I have kids

Between husband being off due to infection in hand and when he went back to work a pay cut and my hours cut we are behind on our home and now an attorney has sent us a letter about taking house

Tim Akpinar
Tim Akpinar answered on Jan 3, 2021

An Illinois attorney could advise best, but your post remains open for five weeks. You could try running some searches under "legal aid attorneys" and similar and related terms. Also try searching for "pro bono legal services." Look into whether the Illinois State Bar... Read more »

3 Answers | Asked in Consumer Law for California on
Q: I was turned away from buying a bottle of alcohol because my partner, who didn’t have her ID, brought it to the counter?

I was the one buying it and I had my ID, but because the cashier saw her holding the bottle, she said she needed an ID too, even though I was buying everything. We were told to leave the bottle, then I had to go grab a new on myself. Is this the law in CA?

William John Light
William John Light answered on Jan 2, 2021

The shop can refuse service if it wants, especially if it looks like you are buying alcohol for a minor. What the shop did isn't a "law" in that it is not required to refuse to sell to you if someone who didn't have an ID held the bottle. However, shops can get into a lot of... Read more »

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1 Answer | Asked in Consumer Law, Civil Litigation, Constitutional Law and Education Law for Pennsylvania on
Q: Is there any legal recourse for my child's School failing to educate him during the pandemic, inadequate communication

They didn't properly instruct him on how to use the online learning

Tim Akpinar
Tim Akpinar answered on Jan 2, 2021

A Pennsylvania attorney could advise best, but your question remains open for three weeks. It does not seem like something that an attorney would handle as anything other than an hourly basis, and you probably don't want that. This issue is occurring nationwide and children are having... Read more »

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