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Consumer Law Questions & Answers
1 Answer | Asked in Civil Litigation, Consumer Law, Personal Injury and Civil Rights for Oregon on
Q: Is it legal for hazmat to be called close too floor but management not inform or evacute our building
Jennie Lynn Clark
Jennie Lynn Clark
answered on Sep 27, 2022

I am not sure if I understand your question. I understand it to mean that people with hazmat suits recommended closing all or part of a building and management did not follow the recommendation. I am not aware of any laws that require obedience to people wearing hazmat suits. However, if someone... Read more »

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: How do flex loan companies get around Tennessee's statues 45-12-111. Interest, fees, and charges?

Asking how it's legal for companies to charge triple digit interest rates when TN caps interest rates at 24%?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Sep 27, 2022

I would suggest looking at

https://www.tn.gov/tdfi/mortgage-consumer-lending/flexible-credit/flexible-credit-faqs.html

1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Florida on
Q: What can I do to get my car that is in my name but still in my exes possession in florida?

Payments are not on time and I want to get the car paid off and off of my credit.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 23, 2022

If the automobile is titled in your name only you have a legal right to go get it, unless you were supposed to transfer it to him in the divorce.

1 Answer | Asked in Collections, Consumer Law, Education Law and Civil Litigation for Arizona on
Q: School says the made "mistake" after sending me an enrollment letter and sent my grants to collections. what can i do?

I got accepted into a university, weeks pass and I get my grant to buy books and supplies. a short amount of time before the semester starts they say they made an "error" and put me in an earned enrollment program and cancel my classes not allowing me to reenroll in the current semester... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 23, 2022

I'd advise you to do 2 things:

1. make an appointment with a lawyer who handles general civil matters, and take all of the documentation who have so the attorney can make a professional assessment of your situation. It may mean you calling around to everal lawyers and several...
Read more »

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, Car Accidents, Civil Litigation and Insurance Bad Faith for Oregon on
Q: Can I sue my insurance company for stringing me along and not paying out on a claim that's affecting my work and housing

Right off the bat I had to sign a huge stack of papers which I was kind of unsure signing to begin with, but it was a relinquishing my the information from all bank accounts all of my person to person pay apps that. my call log on my phone all any phone records. I also had to provide phone numbers... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Sep 21, 2022

You must have a basis to sue your insurance company. You cannot sue your car company merely for asking for documentation to support a claim you are making. To answer this question, more context is needed. What is the underlying claim you are making that would entitle you to insurance coverage?... Read more »

1 Answer | Asked in Bankruptcy and Consumer Law for Pennsylvania on
Q: I own an llc that is in terrible debt. Can I sign it over debt and all and walk away??

Just curious if I sign the LLC over will that transfer the debt to that person as well or will I still be responsible. The LLC is almost 3 years old and has not shown a profit. I want to claim bankruptcy but someone else wants to take on the ownership and debt but not pay me anything... I would... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Sep 20, 2022

As a general rule, the debt belongs to the entity, not you, so you (personally) would not be liable for the debt. In this case, you could just walk away. HOWEVER, there may be other issues that might prevent you from doing this. If you signed a personal guarantee, then you would be still liable for... Read more »

1 Answer | Asked in Consumer Law and Land Use & Zoning for Wisconsin on
Q: Powere company came to trim trees, took half my tree, and left. Is there anything I can do about it? Vandalism charges?

They are offering to take the tree but not grind the stump out, is there an obligation to actually fix the issue

Tim Akpinar
Tim Akpinar
answered on Sep 20, 2022

A Wisconsin attorney could advise best, but your question remains open for two weeks. Electric utilities nationwide have broad authority when it comes to protecting and maintaining their transmission infrastructure, including removing trees and other hazards that could ice, bring down cables, and... Read more »

1 Answer | Asked in Consumer Law, Contracts and Collections for Maryland on
Q: If a case has been dismissed voluntarily without judgement, how long does the plaintiff have to retry the case in MD?

The case is for credit card debt. Are there any typical reasons they would voluntarily dismiss the case without judgement?

Mark Oakley
Mark Oakley
answered on Sep 20, 2022

If the dismissal is "without prejudice" then they can re-file suit so long as they do so within the original statute of limitations, which is 3 years in Maryland for typical credit card debt. The 3 years begins to run from the date the last payment under the credit card agreement became... Read more »

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Florida on
Q: Had a 2nd showing.Can you req a refund if the app is still not fully processed; bugs and odor?
Mark R. Osherow
Mark R. Osherow
answered on Sep 19, 2022

This is not enough information to accurately respond. But in general, it would depend on a number of factors, such as whether this is an "as is" deal, whether there is a mortgage contingency and whether that expired, etc. Also, are there conditions in the home which the seller was... Read more »

1 Answer | Asked in Consumer Law and Lemon Law for Colorado on
Q: I am an international student and bought an used car in Jan 8 convinced by the fact that the Carfax was clean.

But very soon it presented overheating problems. On Jan 17, 9 days after the purchase, I took it for an oil exchange at Grease Monkeys, where they made the following comments on the invoice:

- COOLANT SYSTEM LEAK

- ENGINE OIL LEAK

- HEAD GASKET LEAKING

Which... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 19, 2022

While this is not my area of expertise, I would check into the state's lemon laws. If you purchased the vehicle from a dealer you might be able to return it or have them fix some of the issues. I recommend checking the colorado bar's website under the licensed lawyer tool to look for... 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 West Virginia on
Q: and I wanted to no about a class action lawsuit if it had been settled Noe vs city national bank

You can find it on the internet. Just put Noe vs city national bank of wv

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Sep 17, 2022

Court records in most states are generally public unless sealed. You can likely put in a public records request.

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Civil Litigation for Texas on
Q: Is 8 yrs a bit much for a civil suit to carry on with a pharmaceutical company & little communication with the lawyer?

I am not even aware if he put me on my own suit or lumped me into a class action. Only communication ever is me emailing a inquiry once a year to them and usually the same reply. Waiting for negotiation. How many years does this take and shouldn't I hear about this from the attorney? Be... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 16, 2022

A Texas attorney could advise best, but your question remains open for a week. These cases could take longer than other types of injury cases, such as less complex car accident cases. An individual case could become one of hundreds in ongoing multidistrict litigation. Cases could be reassigned from... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Missouri on
Q: Vehicle has been left at my house over a year, it can I charge storage fee? Loan is over 10 years old, get lein release?

The vehicle has been left at my house over a year, I'm asking bout storage fees, but there is lein for default on the loan. The loan is over 10 years old. What options do I have as far as getting lein released to register the car or atleast get storage fees. But I don't want the debt or... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Sep 16, 2022

If there is a lien on the vehicle, you should first contact the lien holder and see if they would be interested in releasing the lien based on the age and abandonment of the vehicle. If they are unwilling to do so, your best bet is to tell them to come pick up their vehicle. I am unaware of a way... Read more »

2 Answers | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Florida on
Q: florida law. can a new owner of a motel that i have lived month to month for 3 1/2 years tell me to leave in one day?

motel has no lease and i pay month to month. i have been here for a little more than 3 and 1/2 years. the new owners knocked on the door and told me i had to vacate the premises by tomorrow. if it matters i am 70 years old and am a heart patient. please advise. thanking you in advance.

Jane Kim
Jane Kim
answered on Sep 16, 2022

It is 15-days notice whether you are deemed a commercial or residential tenant. If it is for non-payment (does not sound like it) then under commercial leases there is a 3-day notice requirement. At this point, they will have to follow formal eviction procedures to actually evict you. Therefore, I... Read more »

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1 Answer | Asked in Consumer Law for North Carolina on
Q: I was approved for a 5000 loan but I was asked to make 3 upfront payments. Is this a scam or a collateral loan
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 14, 2022

It sounds like a scam. A typical loan requires NO "up front" payments. Do NOT send any money without receiving, reviewing and signing a complete promissory note or loan agreement that describes how much the payments are, the interest rate, and the total amount to be paid back. This is... Read more »

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 and Contracts for Florida on
Q: What should I do if my auto financial comp refuse to comply with my right of recession paperwork and stole my car

I mailed my right of recession letter in June. I called and spoke to the company after they took my car and they said the letter isn’t valid. The letter was indeed valid and now they refuse to give me my remedies, and downpayment because they took my car back.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 13, 2022

A right of rescission is generally limited to door-to-door sales and refinancing of mortgages, not cars. Dealerships are not going to let you drive their cars for three days, put mileage on the vehicle and then take it back. Unless there was a clause in your contract giving you this right, any... Read more »

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