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Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for California on
Q: I rent a motel room i park my truck then after 2 hours the owner of the motel tell me the i can't park my truck because

it was old i park in the street then they stolen can I sui her

Scott Richard Kaufman
Scott Richard Kaufman answered on Aug 14, 2020

Yes. Make a claim on your insurance policy.

1 Answer | Asked in Consumer Law for Pennsylvania on
Q: If I receive the wrong product in during a shipment am I required to send it back to get a different one?

It's been a real hassle trying to get everything sorted out. I've called about ten different lines and multiple websites. I just don't feel like I've been treated fairly throughout. I paid extra for next day shipping and it's been 4 days. I want to keep both but not if it will fall on me legally

Tim Akpinar
Tim Akpinar answered on Aug 14, 2020

A Pennsylvania attorney could advise best, but your question remains open for four weeks. As a general matter, yes, the customer does not usually get to keep two products while paying for one. No one could predict what a retailer would do, but if the product is something of value, there is a... Read more »

1 Answer | Asked in Car Accidents and Consumer Law for California on
Q: Got my car from the repair shop in worse condition than before the repair- Pep Boys.

I brought my car for a battery (on warranty) change and also, asked to change oil, which they do for me regularly- Pep Boy has been my the only place for my car repair/ maintenance for the last 5 years.

Manager said I need a new alternator, and they did all that: new battery, new alternator... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 14, 2020

Old cars, a dream and a scream. Only 16 years old, it is a pup. The problem with your description is that you do not identify the source of the oil leak. If they stripped the drain plug, they may owe you a new oil pan and plug, which is $$$. Topping off every week while oil pools below the car... Read more »

1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Indiana on
Q: Policy coverage dispute question: I cancelled my homeowner's insurance the same day I bought a new policy...

The new company could not insure me until 12:00 a.m., meaning the next day. The acknowledgement of cancellation from the prior company states my policy is cancelled at 12:01 a.m. the day I cancelled which is technically before I cancelled. My mortgage company is requiring proof of insurance for... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 14, 2020

Unfortunately, the use of those figures alone, as a general practice, could leave too much open to interpretation. If possible, it might be best to have them clarify in writing what the last full day of coverage is and what the first full day of coverage is with the respective carriers, rather than... Read more »

1 Answer | Asked in Consumer Law, Contracts, Business Law and Small Claims for Colorado on
Q: Can my wedding vendor steal my money and not provide the service?

I am getting married Oct 24th, and we asked a growing photographer who was a friend to take pics. No contract was signed, but I paid him. He is now moving out of state and lost the 2nd photographer and said he can't refund the money... We asked him to just photograph alongside new... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 14, 2020

That can be very frustrating.

This sounds like a breach of contract.

Just because there was no signed document does not mean there's no contract.

A contract is the agreement, not the paper.

It sounds like there was a verbal agreement to provide services in...
Read more »

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: Under Georgia law can a seller bid on his own items in the auction?
Tim Akpinar
Tim Akpinar answered on Aug 14, 2020

Your question remains open for five weeks - you could consider contacting auctioneers. They might be able to direct you to attorneys familiar with the law in this area. It's a narrow field and might not be something that the average general business law/contract attorney deals with. Good luck... Read more »

1 Answer | Asked in Consumer Law for North Carolina on
Q: Do I have recourse against Bank of America for not modifying and then selling my second mortgage to a private investor?

After bankruptcy we applied to modify our 1st and 2nd mortgage with Bank of America (originally with Countrywide). We completed packages over and over again. Finally Fannie Mae took our first mortgage away from Bank of America, placed it with Seterus and modified. They also informed us that... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Aug 13, 2020

This is impossible to answer on an online forum because a review of documents is necessary. Go see an attorney ASAP. Your best bet is to consult a consumer bankruptcy attorney because an experienced one will know about second mortgages that have questionable enforceability. In addition, loans held... Read more »

1 Answer | Asked in Civil Rights and Consumer Law for North Carolina on
Q: Sales agent denied me a viewing of a house in a new subdivision but allow another woman a viewing, is this legal?

I visited a new subdivision & fell in love with a floor plan. The sales rep. was unengaged during my visit & any feedback I got concerning the community I had to ask for it. I went back a week later to view the home again and the same rep, told me I could not view it because it had sold. I... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Aug 13, 2020

It sounds like you have grounds for a complaint against the sales agency under the Federal and North Carolina's Fair Housing Act. You can do one of two things. File a complaint against the sales agency, or sue. I do not recommend suing on this kind of case without an attorney. A good place to... Read more »

4 Answers | Asked in Bankruptcy and Consumer Law for New Jersey on
Q: Our house was foreclosed on last year and bankruptcy was dismissed. My brother I law passed away. My mother in law wants

to put his house in my husband and his sisters name because she is 90 yrs old

Can he have the house in his name.

Michael David Siegel
Michael David Siegel answered on Aug 13, 2020

Yes, but if you are planning on filing again for bankruptcy then it could be an issue.

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1 Answer | Asked in Consumer Law for Ohio on
Q: I bought a a SUV 14 days ago. Paid cash. They said they were going to repair a dent in the roof. I still haven’t

Received the car. What am I to do?

Taylor P Waters
Taylor P Waters answered on Aug 13, 2020

If you have it in writing that they agreed to repair a dent in the roof, you can likely sue them for the damages. If it's not in writing, you're probably out of luck.

2 Answers | Asked in Consumer Law for California on
Q: Hello, I had a car that caught on fire. I’m looking to seek legal advice?

The car had about $25000 worth of recent modifications. Mechanic had a history of doing bad work on car. Car caught on fire only 8 days, 600 miles after it was returned to me from mechanic. I have all receipts.

William John Light
William John Light answered on Aug 12, 2020

Do you have any evidence that negligent mechanical work caused the fire? If not, you have no case. You will need an expert mechanic/fire expert inspect the vehicle and maintenance records and give you an opinion as to what the cause of the fire is, and perhaps the value of the car pre-fire. You... Read more »

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1 Answer | Asked in Consumer Law for Tennessee on
Q: Three years ago my 90 yr. old mother was pressured by a contractor into agreeing to remodeling work .

She paid $4000 up front and then changed her mind. She called within 24 hours and sent a certified letter (no signed return receipt received). My brother found out later the address given for the company was an empty lot. She did receive a letter from contractors attorney saying the contractor had... Read more »

Paul E. Tennison
Paul E. Tennison answered on Aug 12, 2020

From the facts, it sounds to me like you may be describing a breach of contract claim that your Mother would have against the contractor here. This link provides information on common Tennessee statutes of limitations... Read more »

1 Answer | Asked in Consumer Law for Kentucky on
Q: if you're not accepting ‘legal tender’ in the United States, the debt is considered paid with no legal recourse.

Is this statement true or false?

Timothy Denison
Timothy Denison answered on Aug 11, 2020

False.

1 Answer | Asked in Consumer Law for Tennessee on
Q: I sold a car to a guy that lives in south america chile im in tn he paid me threw paypal but Have never come got
Bennett James Wills
Bennett James Wills answered on Aug 11, 2020

First, you haven't asked a question. Second, sounds like a scam. If you were supposed to ship the car you better be real sure the funds clear the bank before you do.

1 Answer | Asked in Consumer Law, Banking, Collections and Health Care Law for Tennessee on
Q: i was taken to court over unpaid medical bills. I settled in court and paid. Now they say i owe from previous accounts?

I settled over an $800+ bill in court and paid it off. Now the same collection agency on behalf of the same hospital, is saying i owe another $1900+ from previous service dates before the aforemention $800+ bill. Is this even legal? What should i do?

Bennett James Wills
Bennett James Wills answered on Aug 11, 2020

Could be legal. Sounds like you only settled one bill. Without seeing the other bills, it's hard to say whether they can collection for various issues including statutes of limitations. Consult local counsel to best determine your options.

2 Answers | Asked in Consumer Law, Civil Litigation and Civil Rights for Florida on
Q: My wife suffers from TBI. She suffers from a lack of impulse control. She has been spending money like crazy.

She took a loan out from a high interest loan company. She refuses to give me any details. The loan payback is now up to &10,000. She also put her car up as collateral. They have taken advantage of her disability. We live in Florida. What are the ADA laws against this?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 11, 2020

The ADA (Americans with Disabilities Act) has nothing to do with your wife's apparent mental condition. Nor am I aware of any other federal or state law that could help you stop your wife's uncontrollable behavior.

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1 Answer | Asked in Consumer Law, Small Claims, Criminal Law and Personal Injury for North Carolina on
Q: A hotel I am living at is false advertising I have filed a complaint with the doj is there anything I can else I can do?

The person working the desk also the owner said he wasn't offering the posted weekly rates that are taped in the office window due to covid-19 which should have been $225. Instead he said I would have to pay the nightly rate and charged me $45 per night for 7 nights which totaled $315. He is... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 10, 2020

A North Carolina attorney could advise best, but your post remains open for two weeks. It might not necessarily be false advertising - it's possible it could be an oversight resulting from changes in day-to-day operations that the pandemic has forced upon small business owners. There could be... Read more »

2 Answers | Asked in Consumer Law and Contracts for Florida on
Q: Hello I need help confirming a business name that I’ve “registered” and someone is possibly challenging this name

I’ve researched and seems the format I am using wasn’t registered previously “as I have listed” and have processed the necessary paperwork to register at the state level and per fictitious name guidelines as well what can I do if they persist?

Charles M.  Baron
Charles M. Baron answered on Aug 9, 2020

Your inquiry is a bit vague as to whether your corporate name and/or fictitious name are registered with the Fla. Division of Corporations exactly as you intended. That is - does the name appearing on Sunbiz.org match the name you are using? Only names that are registered are protected - that... Read more »

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1 Answer | Asked in Health Care Law, Consumer Law, Criminal Law and Personal Injury for Montana on
Q: I’m getting trespass from grocery stores because I have health issues that keep me from wearing a mask. I’m in Missoula

They say that there’s certain stores I can order curbside from but I haven’t figured it out yet and I’m getting hungry and was hoping I’d be able to go into a grocery store to get some food.

Tim Akpinar
Tim Akpinar answered on Aug 8, 2020

A Montana attorney could answer best, but your post remains open for two weeks. Don't risk trespass charges - check with a doctor if your condition is a medical excusal AND additionally if those establishments will accept it. Good luck

Tim Akpinar

1 Answer | Asked in Small Claims, Consumer Law and Copyright for New Jersey on
Q: I received an email from google about a Notice of Class Action Settlement re Google Plus Your Rights May Be Affected

They provided a well detail email about the options I have and I wanted to know if I should just settle for the $12 or can I go bigger they have broken my rights and invaded my privacy

Leonard R. Boyer
Leonard R. Boyer answered on Aug 7, 2020

Trying to file a lawsuit as an individual against a company like Google is not going to be cost effective. You don't even know if your legal fees will be covered or not. Most litigants in a class action settlement get next to nothing. I personally, would take the $12.00 and move on.

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