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Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Colorado on
Q: I think this is a fraud and need help! I have been scammed by a timeshare company in Mexico. Four months ago a Mexica

Four months ago a Mexican attorney called me informing me that he could retrieve my money. I submitted all documents of my loss, he submitted my claim to Tribunal Supremo de Justice and the Judge awarded $212,000. The money was placed in a BBVA account with me as beneficiary. Then I received a... Read more »

Michael Hales
Michael Hales answered on Jun 2, 2020

I agree that this is likely a scam. Please let me know if have questions or would like to chat.

1 Answer | Asked in Consumer Law, Contracts and Family Law for New Jersey on
Q: If I'm 15 years old and I buy my own phone with my money from my job is my mom legally allowed to take it from me?

I want to buy my own phone or lease one. But my mom says I can't, even though I have my own money. Is there any way that I can still buy my phone without her consent?

Richard Diamond
Richard Diamond answered on Jun 2, 2020

Im glad to hear that you are working and earning your own money. Its a good start. Now, lets address the issue as to why mom wants "control" of your phone. Parents for the past 1,000 years have struggled with how to get their children to study, do well in school and go to sleep at a... Read more »

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Real Estate Law for Georgia on
Q: What rights do i have renting a room in a private residence?

We had entered an agreement that i would be working from home and now its been 2 months of heavy loud construction here and my quality of life has significantly diminished. Also ive recently found out i likely have a disability being unable to process high volumes of sensory input and before the... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 2, 2020

I'm sorry for your ordeal. A Georgia attorney would be in the best position to advise, but your post remains open for two weeks. The things that you describe, in terms of construction noise or clocks, are really more in the territory of a landlord-tenant attorney than a personal injury... Read more »

2 Answers | Asked in Consumer Law, Criminal Law and Products Liability for Texas on
Q: Am I required by law to report a stolen package containing ammunition?

I purchased ammunition from an authorized dealer online and had it shipped to my apartment address. The package was then stolen from my doorstep. It contained x60 .223 Remington bullets. If I understand correctly, this act is a felony, and I need to know what my legal obligation is in this... Read more »

Chad Zubi
Chad Zubi answered on Jun 1, 2020

You aren't legally required to report the ammunition stolen, but it would be a good idea.

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1 Answer | Asked in Consumer Law for California on
Q: Online purchase

I bought a bike online and i returned it after 10 days because the bike had problem in their policy was 10% to 30% penalty of bike’s costs now my question is could they get this penalty?

Daniel Timothy LeBel
Daniel Timothy LeBel answered on May 31, 2020

Dear cyclist,

Unfortunately, we're missing some relevant information to provide an evaluation. If the bike had a problem that could be fixed under warranty, the business should fix it free of charge. If you simply want to return it, it is reasonable that they have a restocking policy...
Read more »

1 Answer | Asked in Banking and Consumer Law for California on
Q: Dealing with a debt settlement company. Switched companies mid payments. Now full debt is back in creditors hands.

Made a settlement agreement and made first payment. A week later went to make a final payoff but was told it was moved to another debt collector. The new debt collector said they would look into the agreement and now a month later the original creditor took back the debt and said they will not make... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on May 30, 2020

Sorry for your issues. You either HAVE an agreement or you do not have one.

This sounds like statutory unfair debt collection.

I like Attorney Mike Cardoza for these types of cases.

Please tell Mike I said "hello."

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Insurance Bad Faith for Florida on
Q: public adjuster Terms of engagement violation affect on validity of service agreement? Florida statute 626.8796

adjuster solicitation via email no license no and name not same as licensed name

Terrence H Thorgaard
Terrence H Thorgaard answered on May 30, 2020

You might get an answer if you use sentences and ask a question.

1 Answer | Asked in Consumer Law for New York on
Q: If a deli sold me counterfeit tobacco smoking products willingly , can I sue ?
George E. Patsis
George E. Patsis answered on May 30, 2020

Yes, you can sue. Depending on the value of the items it may not be worth your time and would likely be a losing proposition.

2 Answers | Asked in Consumer Law and Internet Law for New York on
Q: User data

I own a .com cosmetics website where users leave their personal information including age range, skin tone and skin concerns (acne, eczema etc) and they have an option to show or hide this information on their public profile. Giving them an option to hide this information is enough not to violate... Read more »

George E. Patsis
George E. Patsis answered on May 30, 2020

Privacy laws are complex, you should consult with an attorney specializing in this area. You will also need an attorney to draft the website terms and conditions.

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3 Answers | Asked in Car Accidents and Consumer Law for California on
Q: What can I do if I find out my New/Used car was in several car accidents not listed on the CarFax?

I bought a New/used car from a Honda Dealership in the Bay Area of California in Feb 2020. It's a 2016 Honda Civic touring. The price came out to $21,000. I noticed something a little off about the paint job after few weeks after purchase but thought it was the effects of the paint. Getting my... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on May 30, 2020

Sorry for your issues. Start by opening up a "DMV Investigations" inquiry into what happened. They will put pressure on the selling dealer to get to the bottom of this. Then contact an auto fraud attorney, who should review at no charge or for a low fee and if s/he takes the case should... Read more »

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1 Answer | Asked in Consumer Law, Civil Rights and Internet Law for California on
Q: User data

I own a .com cosmetics website where users leave their personal information including age range, skin tone and skin concerns (acne, eczema etc) and they have an option to show or hide this information on their public profile. Giving them an option to hide this information is enough not to violate... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on May 30, 2020

So, for me, IF I were thinking about this I'd do two things:

1- I'd "google it" as that info is "out there" almost assuredly;

2- I'd HIRE an attorney to handle, as it should be no more than an hour or two of work

and if the attorney messed...
Read more »

1 Answer | Asked in Consumer Law, Real Estate Law, Agricultural Law and Environmental for Missouri on
Q: what is the penalty for negligent burning in the state of Missouri? It is a class C misdemeanor.
Tim Akpinar
Tim Akpinar answered on May 30, 2020

Only a Missouri attorney could advise you on this, as it involves state law. But you await a response for four weeks. Here on Justia, at - https://law.justia.com/codes/missouri/2017/title-xxxviii/chapter-569/section-569.065/, you will see an outline of the law - 2017 Missouri Revised Statutes -... Read more »

1 Answer | Asked in Consumer Law, Contracts and Construction Law for North Carolina on
Q: Cancelled contractor's contract and he is threatening me with breach of contract.

I fired a contractor and cancelled the contract because his work was shoddy, did not meet code and he was not performing. We paid a deposit of $850. The total contract is for $1,650. He only performed a very small part (removing existing stairs). He said I'm in breach and owe the balance... Read more »

Paige Kurtz
Paige Kurtz answered on May 29, 2020

If the contract was terminated, the contractor is entitled to the reasonable value of his services. It is unlikely that the remaining balance due on the contract would be due to the contractor. Yes, you can file an action in small claims to recover the difference between what you paid and what the... Read more »

1 Answer | Asked in Consumer Law, Health Care Law and Medical Malpractice on
Q: mri machine malfunctioned faulty diagnosis wrong treatment who is liable?
Tim Akpinar
Tim Akpinar answered on May 28, 2020

It's difficult to say without additional details. Manufacturing defects are unlikely within the small pool of reputable and high quality manufacturers who supply these machines to hospitals and imaging centers. Was it a maintenance issue with the machine and its associated systems? Was it an... Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Gaming for Florida on
Q: Can I sue a scam app???

If an app advertises winning real money, and they really don’t pay out to anybody, would that be a good reason to sue for false advertising. Especially if someone spent money on in game purchases and got nothing out of it?

Jonathan E. May
Jonathan E. May answered on May 28, 2020

It appears very likely that they were committing fraud and you were damaged by that fraud. I encourage you to sue them and report them to police authorities.

2 Answers | Asked in Consumer Law and Small Claims for New York on
Q: I took my vechicle to an express lube place to have my oil changed and the guy put too much oil in.

It end up destroying my engine. I was taking the owner to small claims court and he wanted to go through his insurance company to settle out of court and I accepted his offer. I gave him all the receipts and documentation to file the claim. A few months went by and I haven't had any word from... Read more »

Michael David Siegel
Michael David Siegel answered on May 27, 2020

Just go to court and get a judgment and collect it.

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1 Answer | Asked in Civil Rights, Consumer Law and Real Estate Law for Virginia on
Q: Hi, Can i gift out my newly FHA/VA Loan house to my parents?

I bought the house but want to gift out this house to my parents

Richard Sternberg
Richard Sternberg answered on May 27, 2020

If it is yours, you can surely gift it. Either a quitclaim deed or a warranty deed will do the trick. I'd have to check, but the transaction may be tax-free, like a transfer between spouses. If not, there will be transfer and recordation taxes. The mortgage loan to a near certainty has a... Read more »

2 Answers | Asked in Banking, Civil Litigation, Consumer Law and Gov & Administrative Law for Florida on
Q: what are my options once contract signed for car loan process, same day dealer drop price and continued advertising new

After singing and in processing used car loan agreement contract, in the same day local tampa bay dealer drop car price continue advertising price drop. Am I entitled to new car price drop, even loan contract signed,send forbank approval?? what are my options. Thanks,

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 27, 2020

The (amazing) fact that the dealer lowered the price on the same used car that you were purchasing that same day has nothing to do with your transaction. The written contract you signed was complete when signed.

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1 Answer | Asked in Business Law, Contracts, Consumer Law and Copyright on
Q: Is it legal for a company to apply explicit rules on a matter, with no official documents, just by announcing the event?

I was registered on a company's database (DB). At some point, the company got merged into another one, which asked us (the customers) whether we want to transfer our registry to the new DB. They gave a deadline to reply, and I did not reply in time. Later, when I realized what happened I tried... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 27, 2020

Since this appears to be happening in a strictly commercial setting IMO nothing you said in your lengthy question is unlawful in Florida--or in most if not all other states. Businesses that acquire customer lists from other businesses when the two businesses merge do not have to continue doing... Read more »

1 Answer | Asked in Consumer Law and Criminal Law for Indiana on
Q: My husband is going to prison for 13 years. He has a court appointed lawyer that I don't believe is being fair .

My husband's lawyer I feel is trying to punch him to take the plea that was Gabe to him. I realize my husband has a past. But courts have never offered him drug rehab or has even tried to get him help

Dakota VanLeeuwen
Dakota VanLeeuwen answered on May 27, 2020

Consult and retain a private attorney if you would like another opinion on the case.

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