Consumer Law Questions & Answers

Q: Can this person go to jail on several incidents that happened such as assault/battery/theft ?

1 Answer | Asked in Consumer Law and Civil Rights for California on
Answered on Mar 27, 2017

This may constitute constructive wrongful eviction. See: http://homeguides.sfgate.com/definition-constructive-eviction-8054.html

You can report to the police the threats of battery on you and your infant as aggravated assault. You can report any thefts as well. The bumping may qualify as simple battery if it was intentional. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more...
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Q: Can I file a motion for dismissal based of rule 3215 even after I have answered the complaint?

2 Answers | Asked in Consumer Law for New York on
Answered on Mar 26, 2017

No. But you can move for summary judgment if that is appropriate.
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Q: Can I file motion to dismiss after the judge has denied the case ore a motion for summary judgement is filed?

1 Answer | Asked in Consumer Law for New York on
Answered on Mar 25, 2017

If the plaintiff has abandoned their case, a motion to dismiss may be appropriate. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: What can I do if a social media company who I have a contract with so I can earn a monthly salary

1 Answer | Asked in Consumer Law and Internet Law for California on
Answered on Mar 25, 2017

Check the terms of use you signed re: hacking and liability issues. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law....
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Q: Q: Hello:) how do I contact or what do I do about a lifetime warranty watch I have that looks like the company is closed

1 Answer | Asked in Business Law, Consumer Law and Contracts for New York on
Answered on Mar 25, 2017

File a complaint with the consumer protection division of the state of NY or the AG office of NY.
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Q: If I purchase a piece of software and my computer can't run it, can I make changes in my computer settings to run it?

1 Answer | Asked in Consumer Law for Colorado on
Answered on Mar 24, 2017

Review the license agreement for the software. Most licenses discourage or prevent reverse engineering, decompiling, etc. If you are making changes to the OS, this is not an issue for the 3rd party software, but the OS license (i.e. Windows, Linux, Apple, etc.). As a general rule, if the OS lets you access basic matters via its own programs it is allowed (e.g. running in compatibility mode or modifications at the prompt level). Lastly, many people do violate licenses in relation to...
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Q: If a California supplier of travel totally misrepresents a group expedition and fails to disclose information known 6

1 Answer | Asked in Contracts and Consumer Law for California on
Answered on Mar 24, 2017

That may be fraud, damages for which may include a refund plus other losses and possibly punitive damages. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
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Q: Can I sue Adidas in this scenario?

1 Answer | Asked in Business Law and Consumer Law on
Answered on Mar 24, 2017

I would sue the store they sold you the shoes. Unless the store is owned by Adidas, they have no ability to bind Adidas. The store is the one who is responsible for the false statement and misrepresentation.
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Q: How long does the beneficiary of a life ins. policy need to survive the insured to receive benefits from them?

1 Answer | Asked in Estate Planning and Consumer Law for California on
Answered on Mar 24, 2017

You will need to review the policy to see if there are any survivorship requirements. Usually there isn’t. Depending on the size of your mother’s estate, including the insurance proceeds, and if she owned real property, you may need to initiate a probate. Without a will, her spouse will inherit if the proceeds are community property. If separate property, spouse will share with her children. If no spouse, the children will inherit equally.
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Q: granted for answer

3 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Appeals / Appellate Law for New York on
Answered on Mar 23, 2017

Your question makes no sense which indicates to me you should have a lawyer. Court procedure is different in each court. As to using court documents from other cases not only is it legal, it is smart.
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Q: If I cancel after minimum notice period in contract, am I liable to pay vendor for services not performed?

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Consumer Law for Illinois on
Answered on Mar 23, 2017

Whether you would be required to pay for services not received is dependent on the terms of the contract. There is a principle of law called unjust enrichment where a party receives a windfall or is unjustly enriched. However, if the contract is specific and enforceable, you could be held liable. You would be well-served to have an experience attorney carefully review the contract you refer to and get an opinion on what your exposure to liability might be.
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Q: What can I do about a company who is charging me for services I never connected to and I threw away my paperwork.

1 Answer | Asked in Business Law, Civil Litigation and Consumer Law for Michigan on
Answered on Mar 23, 2017

Respond to AT&T by informing them that you dispute the debt and want to see evidence that you owe it. They should provide this because if they sue they will need to prove that you entered into a contract with them for services. If they do sue, you can dispute that you owe the money, but if they can prove the existence of a contract, your breach of the contract, and their entitlement to damages for breach of the contract, they may obtain a judgment against you.
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Q: Can they garish your wages for a hospital bill back in 2004

1 Answer | Asked in Contracts, Consumer Law and Health Care Law for Colorado on
Answered on Mar 23, 2017

Each state has a statute of limitations on debts (Colorado is 6 years--most are less, but the highest is Kentucky with 15 years). That said, it is possible that even though a debt has passed the SoL, it can be revived by the debtor (usually by acknowledging the debt). There is another possibility, some debt collectors simply violate the law--it is not right, but they can get away with it if they are not challenged. If you feel the garnishment was placed in error, the best advice is to contact...
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Q: How do we return a product for a redund and cancel our payment plan? Weve made no payments and the box is still unopened

1 Answer | Asked in Business Law, Civil Litigation and Consumer Law for California on
Answered on Mar 22, 2017

The terms of your purchase agreement should provide for any protocol for refunds. Refer to that. If you didn't receive yet the additional goods, I see no reason to be billed for them. You may have to resort to small claims court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...
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Q: I purchased 2 sofa sets from Ashley furniture, and they both broke down and lost support in the corners.

1 Answer | Asked in Consumer Law for California on
Answered on Mar 22, 2017

If you purchased furniture beyond the store credit amount you were given, then it seems you owe them the money for the difference. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: If accepted Terms of Service say that the user's digital content might be revoked and the money withheld, is it illegal?

1 Answer | Asked in Consumer Law, Gaming and Internet Law for California on
Answered on Mar 22, 2017

It depends on the agreement in the Terms of Service re: this particular issue. If reselling is a violation of the TOS and the remedy is agreed as you note, then there may not be a problem, but it seems some evidence of the violation is required here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...
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Q: I want to know if a car dealership must honor the window sticker price of a vehicle even if they say it's an error

1 Answer | Asked in Consumer Law for Michigan on
Answered on Mar 21, 2017

It depends on the circumstances. Courts tend to be fair about mistakes such as this, and if it's an obvious mistake the dealer likely won't be help to the sticker price. If, however, there is evidence of a scam, bait and switch, or deceptive behavior, a Court is more likely to hold a seller to a written quote. I would need to see the sticker and discuss the circumstances in more detail to provide you with a more accurate response here.
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Q: My university promised me a scholarship before I even got accepted and I never got it

2 Answers | Asked in Consumer Law and Personal Injury for New York on
Answered on Mar 21, 2017

Look for a member of the NY State Trial Lawyers Assn that handles higher education cases. They give free consultations. Unless the promises were specific and in writiing, be hard to win.
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Q: What is the statute of limitations for forged checks and debit card info? State of Tennessee

1 Answer | Asked in Consumer Law and Criminal Law for Tennessee on
Answered on Mar 20, 2017

It will depend on the amount of money involved- I assume you are referring to a criminal prosecution. Any misdemeanor must be charged within one year. If the amount involved is over $500, its considered a felony, which allows a longer period of time.
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Q: Can I sue a guy in NY court who has two residences (FL and NY) over a rental fraud in FL done over the internet?

1 Answer | Asked in Consumer Law, Internet Law and Small Claims for New York on
Answered on Mar 18, 2017

You can probably sue him in New York small claims court because he has a residence in New York, and he is likely subject to the long arm jurisdiction statue in New York State.

The good thing about about shoeing in New York small claims court is that it is extraordinarily cheap, uses a standard closer to "fairness" or "equity" rather than a preponderance of the evidence, like a higher court would use and finally, the best thing is that the small claims court will serve the defendant...
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