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2 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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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.

1 Answer | 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

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: What makes a cancellation fee unreasonable under Florida law? Is there a statute or case law that speaks to this?
Charles M.  Baron
Charles M. Baron
answered on Dec 11, 2024

Are you talking about a cancellation fee that the parties agreed to in a legally valid and legally executed contract or lease, with no factors rendering the making of the agreement itself a problem (such as a party being the victim of fraudulent inducement, or being subject to duress, or being... View More

1 Answer | Asked in Civil Rights and Consumer Law for Texas on
Q: Basis for Jurisdiction Is a Federal Question do violations of Manufactured Housing Standard Act and DTPA go there?
John Michael Frick
John Michael Frick
answered on Dec 10, 2024

The "National Manufactured Housing Construction and Safety Standards Act of 1974" is a federal act so questions concerning its interpretation and enforcement likely give rise to federal question jurisdiction. But, be aware that the Act contains a lot of provisions that are enforceable... View More

1 Answer | Asked in Consumer Law for Colorado on
Q: Geico added a "undisclosed driver" to my policy despite me not knowing this person and increased my insurance premium.

I filed a complaint with the Insurance Regulatory Agency and received a very nasty letter saying I was responsible for the "services provided" to this person I have never met and does not live in my house. Geico told me to provide proof the person had insurance, which clearly I cant... View More

Matthew McKenna
Matthew McKenna
answered on Dec 10, 2024

I would ask Geico what consumer report that information came from and then contact the company to get a copy of that report. Sometimes insurance companies get this information from Lexis Nexis but could be somewhere else. The CFPB has a list of some consumer reporting agencies:... View More

1 Answer | Asked in Consumer Law and Civil Litigation for New Jersey on
Q: I purchased a certified pre-owned vehicle Feb 2024, Its already sitting at the dealership as an expensive paper weight.

I purchased my 2019 Chrysler Pacifica from a big name dealership. It came with a certified pre-owned warranty. I also purchased a extended warranty from the dealership. Fast forward to October, I sent the vehicle to the dealership for concerns of over heating and what felt like a misfire. I stopped... View More

Leonard R. Boyer
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answered on Dec 9, 2024

You need to retain an experience civil litigation attorney. There are numerous grounds that can be put into a legal complaint against them. The most important cause of action will be the New Jersey Consumer Fraud Act violation. That would entitle you to triple damages plus attorneys fees. However... View More

1 Answer | Asked in Consumer Law for Tennessee on
Q: Is there a statue of limitations for collections from TN AG’s office. I never received a bill & 2018 is the last year

On Saturday, Nov 23, 2024 I received a letter from AG’s office in TN saying I owed them over 80k. The last year I had interaction with them is during an inquiry by the TN medical license board regarding false allegations of over prescribing opioids. I had practiced for 33 years when the hospital... View More

Anthony M. Avery
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answered on Dec 7, 2024

Not sure of what the $ 80K alleged debt is for, so I cannot give you a SOL, There is a 10 yr catch all SOL, but if criminal costs are involved, it may be part of a sentence. But you do have Exemption Rights, which you might need to assert by Notice Of Exempt Properties if CH 7 Bankruptcy is not... View More

4 Answers | Asked in Consumer Law, Products Liability, Civil Litigation and Personal Injury for California on
Q: PLEASE HELP! A HARDWARE STORE ACCEPTED A RETURNED USED BLACK MOLD TEST KIT. RESTOCKED ON SHELF AND SOLD TO ME.

My father and I first time using one opened in car and came subject to tons of unknown spores. I went to hospital that night I couldn't breathe. Next day called store manager told me he would call me on 10 mins after fetching from return box. I didn't get a call for 7 hours and was... View More

William John Light
William John Light
answered on Dec 5, 2024

Unless the store knew that the kit had been used and contained "spores", it was the victim of an unscrupulous return. Perhaps, a strict products liability theory gets you past that hurdle. You then have to prove that your breathing issue was caused by the "spores". Testing on... View More

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1 Answer | Asked in Consumer Law, Civil Litigation and Construction Law for Texas on
Q: Is a homeowner responsible for extra material cost if the contractor under estimated the materials required to finish?

I received quotes for a new roof and to have the attic insulated. The contractor first did a detailed survey of the roof and how the house was constructed. When it was time for the contractor to look at the insulation job, I showed the contractor the attic location for largest section of attic. (I... View More

John Michael Frick
John Michael Frick
answered on Dec 4, 2024

First, it depends on whether your contract was a cost-plus or a fixed-price contract. If it was a cost-plus contract, then you are clearly responsible for the additional materials cost.

If it was a fixed-price contract, it depends on the scope of work contained in the contract. If the...
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4 Answers | Asked in Consumer Law for California on
Q: Hi. A body shop damaged many parts of my car & the owner won't take responsibility. He's threatening me over reviews

He's threatening to sure me over my bad reviews. I'm pissed because I've spent close to $2k fixing everything they damaged and people have a right to know about my horrible experience

Maurice Mandel II
Maurice Mandel II
answered on Dec 4, 2024

Sorry that you were treated this way, there are many unscrupulous auto repair shops and some of them are dealerships, however, there are also honest mechanics. You should ABSOLUTELY file against the shop in Small Claims. Check the business license with the city to see who the real owner is and sue... View More

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