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Consumer Law Questions & Answers

1 Answer | Asked in Consumer Law and Business Law for Texas on

Q: can a car dealership choose which customer gets warranty on vehicle

Tim Akpinar answered on Aug 23, 2019

As a general matter, dealerships don't usually care which customer gets a warranty as a personal matter. However, they can choose in the sense of someone getting a warranty and a subsequent buyer of the vehicle attempting to enforce it. That would depend on whether the warranty was transferrable or... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Ohio on

Q: I bought a used car from dealer. They couldn’t get me a title so I took car back and They gave me a check that bounced.

They had bought the car from an auction and sold it to me for $3600 with no warranty with temporary tag. Then engine showed damage a week later. I thought my only option was to sell car as is to get something back. However dealer could not get me a title for the car! I called them and because of... Read more »

Taylor P Waters answered on Aug 23, 2019

You can file a small claims action against them n your local municipal court. Bring all your paperwork, proof of the check bouncing, and all communications from them.

1 Answer | Asked in Banking and Consumer Law for Maryland on

Q: Is it legal for my friend and I to use our joint acct to charge 10% int on a 4 mth loan to friends that own business

My friend and I have friends with businesses that want to loan money from us at regular intervals. The minimum loan is $10,000 and maximum is $40,000. We are opening a joint bank account for the purpose of giving out loans to our friends and family. We want to charge 10% for a 4 month loan term... Read more »

Mark Oakley answered on Aug 23, 2019

If the loan agreement is in writing, interest in a loan my not exceed 24% per year, and must comply with numerous other legal requirements in order to avoid the risk of violating the users laws. Owing 10% interest at the end of 4 months is an effective annual interest rate of 30%. Not only is the... Read more »

1 Answer | Asked in Consumer Law for Wisconsin on

Q: Is it fraud if an owner of a company advertises merchandise at a certain percentage off, but then tells the sales team

Is it fraud if an owner of a company advertises merchandise at a certain percentage off, but then tells the sales team not to let customers know of these sales?

Tim Akpinar answered on Aug 22, 2019

It could be. It would depend on the state of mind and intent with which it's done. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law on

Q: question about dropshipping in canada

i run a drop shipping service in Canada and i cannot atm provide customers with the option of returning or exchanging items.

my question is this: can i legal disclaim this in my terms of service:

"We do not accept any item returns nor do we provide refunds. all exchanges are final.... Read more »

Peter N. Munsing answered on Aug 22, 2019

If it's legal in Canada you may, but it depends very likely on if it's consumer goods or trade goods. How would you have "exchanges" if you don't accept returns? If it's your business, it's worth having a qualified Canadian attorney who handles commercial shipping issues take a look at it.

1 Answer | Asked in Business Formation, Business Law and Consumer Law for Missouri on



Ronald J. Eisenberg answered on Aug 22, 2019

You can ask. If it gets repossessed it will be resold and you'll probably be sued for the deficiency, however.

1 Answer | Asked in Consumer Law for California on

Q: Hey so I was wondering if companies are required to stick to their policies regarding refunds

They are in the state of California. I'm speaking about Sony Playstation. They have a return policy on games which they aren't keeping true to since they told me I cannot have a refund when they clearly state that there is an exception to faulty games.

William John Light answered on Aug 22, 2019

You can sue in Small Claims court for breach of contract and breach of warranty if you think the game is faulty. It will cost you about $175 in filing and service fees. But if you win, the defendant can be ordered to pay that plus refund the cost of the game.

1 Answer | Asked in Consumer Law and Business Law for Nebraska on

Q: Is it illegal in the state of Nebraska for a hotel to evict a guest from a hotel room if they overstay their reservation

...if they have a valid form of payment even though the room was reserved by someone else for that date several months earlier?

Julie Fowler answered on Aug 21, 2019

A standard hotel doesn't generally need to evict. When the reservation ends, their license to reside in the hotel also ends. How a hotel handles when a person wishes to continue their stay and another person has booked a reservation for the same room isn't likely an eviction question but a hotel... Read more »

2 Answers | Asked in Consumer Law and Civil Litigation for Texas on

Q: My friend is not repaying money which I lent.I have text msgs as proof that I lent him money.How can I get my money back

My friend was investing in a business with his partner and was looking for money. I lent him some money for which he said he would give me a share in the business he is investing. He came back later and said that his partner cheated on him so he is unable to repay me. There are text messages in... Read more »

Gary Kollin answered on Aug 21, 2019

Sue him

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2 Answers | Asked in Car Accidents, Consumer Law, Libel & Slander and Wrongful Death for Texas on

Q: Where and how could I find the copy of a thirty year old out of court settlement resulting from a wrongful death case?

Almost thirty years ago, my husband died in a car accident in which I was badly hurt too. A wrongful death case was brought against the party responsible and eventually settled out of court. Now, the brothers of my deceased husband have filed a criminal case in another country against myself,... Read more »

Peter N. Munsing answered on Aug 20, 2019

if it was an estate then the estate would have been set up in the county where it happened. That would have shown if there were heirs.

In most states, and I believe in Texas, the spouse gets everything unless there are children. Brothers get zero. That's if there is no will. Even if there...
Read more »

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1 Answer | Asked in Consumer Law for New York on

Q: When you say "make a claim" do you mean with the BBB?

In reply to the answer about my furnace.

Michael David Siegel answered on Aug 20, 2019

No. The BBB is a waste of time. If it was new you should have a manufacturers warranty. It will say where to file a claim.

2 Answers | Asked in Consumer Law, Products Liability and Agricultural Law for Tennessee on

Q: I’d really like to know more about The Tennessee Meat and Poultry Inspection Act, mainly out of curiosity.

I was hoping I could get someone to summarize The Tennessee Meat and Poultry Inspection Act

Bennett James Wills answered on Aug 20, 2019

This is a very broad question. The Act is codified at TCA 53-7-201, et seq. Justia has the full text of the statutes on this website.

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1 Answer | Asked in Consumer Law, Intellectual Property and Patents (Intellectual Property) on

Q: Can I take a patented product add additional functionality and then package as a new product?

We found a few patented products with cable wired control knobs and buttons. We developed wireless solutions for these products adding functionality and optimisation. Can we incorporate the patented products with our wireless solutions and sell it as a new product with out infringing on the patent?... Read more »

Peter D. Mlynek answered on Aug 20, 2019

Generally, you cannot avoid infringement by adding features to a patented product. But it really depends on what the patent claims say.

You need to hire a patent attorney to be able to determine what to do. Relying on advice from strangers on the internet makes little sense.

1 Answer | Asked in Consumer Law, Energy, Oil and Gas and Environmental for New York on

Q: I had my furnace replaced in Feb of 2019. It was never installed properly, I'm now getting the run-around, what to do?

My husband knew something wasn't right with the install, we had them come over several times as our humidity was was out of control. Every time a tech came over, they insisted that all we needed was to spend thousands more to get a whole home dehumidifier. One time they were at my home inspecting... Read more »

Michael David Siegel answered on Aug 20, 2019

If there is a warranty, make a claim. You can also do a small claims case for the damages.

1 Answer | Asked in Consumer Law, International Law and Small Claims on

Q: Can I take a person to court in Florida for money owed even though I live overseas?

I paid for a training service that never went ahead and was told I would get a refund. There was difficulty in communication not going through to me to receive my refund and after a year I stopped getting any replies. I only know their business address. Is it possible to take them court without... Read more »

Tim Akpinar answered on Aug 18, 2019

It can depend on the terms of the agreement you entered. Check to see if it has any type of forum selection clause or other restriction as to where disputes are to be adjudicated, or if it contains a mandatory arbitration clause that precludes remedies in civil court or small claims court. You... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation, Lemon Law and Small Claims for California on

Q: Who is responsible for late/penalty fees from dmv at the time of sale? Or after the sale?

At the dmv i found out there was a $900 balance owed for penalty fees due to not being registered for 2 years. The seller says it's my truck now and i bought it "as is"

Do i have to pay the $900 to get the truck in my name? Oh and there is an illegal 2019 sticker on the plate...

William John Light answered on Aug 18, 2019

"Penalties may be waived upon payment of the registration fees due when a transferee (including a dealer) applies for transfer and it is determined that the registration penalties accrued prior to the transferee’s date of purchase and the transferee was not aware that the registration fees for... Read more »

1 Answer | Asked in Consumer Law and Business Law for Texas on

Q: can a car dealership choose which customer gets warranty on vehicle

Tim Akpinar answered on Aug 17, 2019

Your question appears to involve Texas consumer law (Texas appears at the end of the question, but Albuquerque, New Mexico appears at the beginning). If you are in Texas, a Texas attorney would be the best person to advise. However, your question remains open for three weeks. As a general matter,... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law, Foreclosure and Banking on

Q: What if the lis pendens the servicer merged and changed names shouldn't a new lis pendens be filed with the new ?

If a lis pendens was filed in the county records in 2017 and we filed for bankruptcy to save the homel and while through bankruptcy the servicer whoever they are now refused to take our pre petition and post petition payments and thus we couldn't get to a modification agreement with this company... Read more »

Timothy Denison answered on Aug 16, 2019

The lid prndens recording does not have to be changed upon transfer between companies. It is simply there to put the world on notice as to potential litigation involving that property.

1 Answer | Asked in Consumer Law for Kentucky on

Q: Hello my wages are currently being garnished from a secured loan i had back in 09. But the car was never repossessed

There was never an attempt to obtain the collateral. Ive currently paid 2000 through garnishment and its averages $450 every 2 weeks. Its put me in a real bind but i cant understand why the car was never taken and does this mean the car should have a clear title. Also the original lender sold out... Read more »

Timothy Denison answered on Aug 16, 2019

Doubtful the car has a clear title. You should consult a bankruptcy lawyer immediately to determine your options.

1 Answer | Asked in Consumer Law, Federal Crimes, Identity Theft and White Collar Crime for California on

Q: Out first & ONLY attempt to release <in hand> absolute, binding proof, Staff + Exec Credit Union Corruption/Fraud/Kiting

Question is: who wants it? This won't even make it to arbitration, it's gonna be handcuffs for at least 3 High-ranking executives, down to scrub(s) that open account in July 2017.

As the CIO stated, "you can have as many sub-accounts as you want" Apparently I have several and I'm the... Read more »

William John Light answered on Aug 15, 2019

Sounds like a criminal or regulatory matter. The National Credit Union Administration is the independent federal agency that regulates, charters and supervises federal credit unions. You can submit a complaint to it here:

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