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Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Pennsylvania on
Q: may 30th 2019 to had electric service shut off but never did it till july of 22. What do I do.

I saw it on my credit report for over $3000. They never shut it off for 2 1/2 years and now they want me pay it. I tried disputing it.. I didnt know they didn't shut if off...

Tim Akpinar
Tim Akpinar
answered on Jan 12, 2025

A Pennsylvania attorney could advise best, but your question remains open for over a week. If you are trying to see if you can handle this on your own first without involving attorneys, your starting point may be to contact the electric utility and find out what happened through their customer... View More

2 Answers | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for California on
Q: Hired a tax firm that claims to help consumers reduce IRS debt for flat fee. They didn't reduce or save us anything.

They first advised we owed the IRS about $50k and tried to get more money from or they would stop working on our case. At end we now owe about $90k to IRS. They didn't reduce anything and debt increased. Is there any legal action I can take besides filing compaints with CFPB or FTC?

Pavel Kolmogorov
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answered on Jan 9, 2025

Yes, you may have legal recourse beyond filing complaints with the CFPB or FTC. Potential claims may include breach of contract, fraud, and violations of consumer protection statutes. If the tax firm failed to provide the services promised under your agreement, you likely have a breach of contract... View More

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1 Answer | Asked in Contracts, Banking and Consumer Law for New Jersey on
Q: Listed price of a car is is lower than on a contract.

On the ad, the dealer listed price of a used car $13,495.

Upon visiting, the dealer told me that I could not get the same price on cash and that the cash price was $16,495. But if I do the financing, I'll get a discount of $3,000, and my MSRP would be $13,495. I kept asking the dealer... View More

Melissa Totaro
Melissa Totaro
answered on Jan 9, 2025

Assuming the facts stated in your question can be proven the dealer violated New Jersey regulations and Consumer Fraud Act by, among other things, refusing to honor the advertised price. A consumer who suffers a monetary loss as a result of a business violating the Act can sue the business for... View More

3 Answers | Asked in Consumer Law and Business Law for California on
Q: Can I get a refund if seller does not deliver service and has no refund policy?

I paid for subscription for an online tool with a start date in future. The future has come. Now it's time for the seller (an LLC) to activate my paid subscription, but it doesn't look like they are going to for whatever reason.

I paid by credit card, but I cannot dispute the... View More

Pavel Kolmogorov
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answered on Jan 8, 2025

Many online purchases involve click-through or link-based terms, where users implicitly agree by selecting an “I Agree” button or accessing a link that contains the terms. Even if you didn’t physically sign anything, there may have been a provision establishing consent to the agreement when... View More

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2 Answers | Asked in Consumer Law for California on
Q: dealership and loan officer stated approved for a loan.Bring in paystubs etc. No down-payment.Lies and no deal. Illegal?

I spoke to dealership and loan officer. Approved for a specific vehicle which was less than i was approved for. Bring paystubs and ID only and drive away also made a specific appointment time with the same salesman I spoke to several times. I spoke to them several times getting exact details.... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 8, 2025

Yes, a misrepresentation is illegal. That term is usually used for criminal law, 'unlawful' is more like it, here. Anyway, to WIN such a case one would have to not only prove what was alleged, but, one would also have to show 'damages.' For instance, IF they demanded a down... View More

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1 Answer | Asked in Consumer Law for Wisconsin on
Q: I received a $250 deposit from golf clubs on Facebook marketplace but the buyer backed out. Am I required to refund it?
David S. Burleson
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answered on Jan 7, 2025

It is never a good idea to put a deposit down on something purchased through Facebook's Marketplace. That being said, if the item being sold is as described and the communications make it clear that the deposit is non-refundable then I'm guessing that Facebook, through its dispute... View More

1 Answer | Asked in Cannabis & Marijuana Law, Consumer Law, Employment Law and Products Liability for Texas on
Q: I accidentally consumed a product with THC and I have a job that does random tests. Should I inform my employer?

I occasionally do legal mushroom edibles but always buy products that do not contain any THC or THC derivatives because my employer does random tests. My smoke shop started selling mushroom vapes so I decided to try one. After using it the effects were reminiscent of marijuana, noticeably different... View More

John Michael Frick
John Michael Frick
answered on Jan 6, 2025

There is no "good" or "right" answer to your question. If you tell your employer that you even accidentally consumed THC under the mistaken impression it was a psychedelic, and your employer has a zero tolerance or drug-free policy, or your job involves the operation of... View More

3 Answers | Asked in Consumer Law and Contracts for California on
Q: Purchased a preowned Rolex from an established jewelry store. However, I believe it’s not authentic. What are my rights?

They have a no exchange, no return policy. Yet, I’m locked into a payment plan for 3-5 years. What should I do?

Shawn R. Jackson
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answered on Jan 2, 2025

Well, your next steps would be [1] to review your receipt to see if there are any disclaimers or notices that indicate that the jewelry store was not making any claims to authenticate the watch as genuine ... [2] then to gather evidence to support your case that you had a reasonable belief that the... View More

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3 Answers | Asked in Consumer Law and Contracts for California on
Q: Purchased a preowned Rolex from an established jewelry store. However, I believe it’s not authentic. What are my rights?

They have a no exchange, no return policy. Yet, I’m locked into a payment plan for 3-5 years. What should I do?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 7, 2025

I'd have it inspected by another jeweler to see if you are right.

I'd go back in to complain about this, with one or more witnesses, if you are right.

I'd politely seek a refund if you are right.

IF this all fails, contact an atty and figure out a way to PROVE...
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1 Answer | Asked in Small Claims, Consumer Law and Personal Injury for Texas on
Q: I bought a car 26 days ago, with impression wasa safe & reliable vehicle, just needing breaks,but been wrecked?

It has no air bags due to being wrecked & taking it to dealership is only option to fix, & it also has a bad transmission! & Frame is damaged But was told it was a safe reliable vehicle! What can I do legally? My 13 year old ride's in this car with no air bags & he was injured... View More

John Michael Frick
John Michael Frick
answered on Dec 30, 2024

Assuming the vehicle is used from the nature of your question, you may have a remedy under any warranty you received or bought at the time of the transaction. If you did not receive a warranty, most used vehicles are sold as-is. So you would not have a remedy against the seller. Many people who... View More

3 Answers | Asked in Consumer Law and Bankruptcy for North Carolina on
Q: I put up a title for a loan, but the title was sent back to me by mistake, what could the title company do ?

The DMV told me that the tiitle was satisfied which means it has no lien on it, I am having some financial difficulties , what actions could they take ?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Dec 27, 2024

I've had cases where such a lender goes to non-bankruptcy court with a plea of either unilateral or mutual mistake, and gets the title back by court order, but no damages award.

You don't state the value of the auto. If your fiscal problems are serious, speak to an experienced...
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3 Answers | Asked in Consumer Law and Bankruptcy for North Carolina on
Q: I put up a title for a loan, but the title was sent back to me by mistake, what could the title company do ?

The DMV told me that the tiitle was satisfied which means it has no lien on it, I am having some financial difficulties , what actions could they take ?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Dec 27, 2024

As the attorney from Pennsylvania noted, there are court processes available for them to take if they want to get the lien put back on the title. They also can sue you for the balance due once you stop paying on the loan and get a money judgment without seeking possession of the vehicle. This can... View More

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1 Answer | Asked in Business Law and Consumer Law for Texas on
Q: Do I have to get a new loan if the finance company mistakenly closed my original loan as satisfied ?

I financed a vehicle and then received a letter from the finance company saying the loan was satisfied. The dealer has requested that I start a new loan. I’m not sure if I can negotiate a better deal since they made the mistake.

John Michael Frick
John Michael Frick
answered on Dec 27, 2024

My gut is telling me that there is more to this than meets the eye. If your loan was satisfied--meaning you repaid the loan with interest according to its terms--you do not have to get a new loan unless you need to borrow additional money to finance a vehicle.

If the letter was sent by...
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1 Answer | Asked in Consumer Law for Texas on
Q: I was viewing a product on a large beauty website today, and I received an email, I never ever gave them my email.

Can they be sued for however they got my information? and how to go about it?

John Michael Frick
John Michael Frick
answered on Dec 27, 2024

It depends on how they got your information, whether that method is legal, and what legally compensable damages you sustained.

If you genuinely sustained substantial compensable damages as a result, I recommend you hire a private investigator who specialized in cybersecurity and...
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1 Answer | Asked in Consumer Law and Products Liability for Massachusetts on
Q: I am am a MA based window treatment home service retailer and want to know if I can sell covered products outside of MA?

Massachusetts General Law Chapter 21a part I title II sec 28 states a manufacturer or retailer shall not sell, offer or manufacture for sale, distribute in commerce or import into the commonwealth a covered product. I sell into households outside of MA as well and can direct ship to the customer.... View More

Christopher Tolley
Christopher Tolley
answered on Dec 27, 2024

I think the manufacturer makes a good point. G.L.c. 21A s, 28(b) states: "(b) A manufacturer or retailer shall not sell, offer or manufacture for sale, distribute in commerce, or import into the commonwealth . . ." The words distribute in commerce can be read to mean sale to citizens of... View More

1 Answer | Asked in Consumer Law and Identity Theft for Texas on
Q: I just had Rocket Mortgage reach out to me due to them seeign an inquiry from the bureuas that we had submitted a loan

application with our loan officer, they didnt have the right to call or reach out to me and my number is on the DNC

John Michael Frick
John Michael Frick
answered on Dec 26, 2024

You can file a complaint with the Federal Trade Commission via

complaints.donotcall.gov/complaint/complaintcheck.aspx

The offending party could receive a fine for violating the do-not-call registry statute.

2 Answers | Asked in Tax Law, Consumer Law and Contracts for Washington on
Q: Can a car dealership demand more money after purchasing a car due to “tax miscalculations”?

Hi! I live in Washington state. I bought and shipped a car from Illinois, and they correctly charged me the Washington state taxes and fees for the car. I financed the car, which out the door cost $37.7k before any down payment. Now, about 2 weeks after buying the car, the dealership called me to... View More

Merry A Kogut
Merry A Kogut
answered on Dec 23, 2024

This situation raises important questions about contract law and your rights as a consumer in Washington State. Here’s an analysis:

Key Legal Considerations

Binding Contract:

The purchase agreement you signed with the dealership is a legally binding contract. It should...
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2 Answers | Asked in Consumer Law for Florida on
Q: served with Notice to Appear for pretrial conference for a debt of credit card to fifth third bank. How can we settle?

My mother is 79 only received SS. She is scared they will take her monthly check. How can we settle before going to court. We don’t have lot of money but she is scared

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 18, 2024

Many assets are protected in Florida, Homestead and Social Security amongst other things, while you can try to settle and get on a payment plan with them on a monthly basis, it is also just as likely that they will not be able to do anything to her as she will be exempt from garnishment or... View More

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2 Answers | Asked in Consumer Law, Identity Theft and Banking for California on
Q: How can I get a bank to give me back my money after I been in a identity theft
Matthew McKenna
Matthew McKenna
answered on Dec 16, 2024

You should immediately dispute the issue with the bank (and preferably in writing). You'll likely also want to complete a police report to give to the bank to verify the identity theft and respond accordingly if the bank asks for any follow up information from you. Keep track of everything on... View More

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1 Answer | Asked in Consumer Law and Civil Litigation for North Carolina on
Q: How can I handle this miscommunication or confusion with my insurance and then being extra charged because of that?

I was dealing with mi car insurance about rates jumping up too high for my next policy and used the chat option that their app have, the person that I interacted with misunderstood what I wanted, I wanted to change my next policies rates and he changed my current one and now they are expecting me... View More

Tim Akpinar
Tim Akpinar
answered on Dec 13, 2024

A North Carolina attorney could advise best, but your question remains open for three weeks. You should be able to remedy this without attorneys. Keep trying to reach them on the phone. It looks like this mix-up resulted limitations in clear communication because of the chat session. Over the... View More

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