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California Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for California on
Q: Merchant has a signed receipt but never billed credit card and CC account is closed. Am I liable for the charge?

On 12/18/19 I purchased access to an online educational platform for SEO via credit card over the phone for a total of $5860. The representative confirmed the transaction and forwarded a receipt listing it as completed and I e-signed a receipt with the last four digits of my card on it.... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Feb 21, 2020

Without a full review of all facts and documents, no one can opine definitively here, but, your point "Aftergaining access to the platform, I found the contents extremely poor and not usable." is likely the best place for you to focus your efforts when push comes to shove. Good luck with it.

1 Answer | Asked in Consumer Law and Small Claims for California on
Q: I paid a debt off to a creditor who had several attorneys file against me - we paid off the bad debt but still not clear

We do not show the debt as settled the creditor is still saying we owe they filed two different cases against me for the same debt?

Daniel Timothy LeBel
Daniel Timothy LeBel answered on Feb 20, 2020

Dear consumer,

It's unclear what your question is here. If the debt is paid off, there should be no further action. Regardless, there should only be one court case based on a single debt.

It sounds like you should contact a legal services organization or clinic or a private...
Read more »

3 Answers | Asked in Civil Litigation, Collections, Consumer Law and Small Claims for California on
Q: Could a debt collector try to collect on debt that is 8yrs and that was included in a bankcruy?
Donald M Barker
Donald M Barker answered on Feb 12, 2020

He can "Try" all day long. However, due to the BK and most likely the Statute of Limitations on collecting original debt, he has no legal standing to collect via judicial proceedings.

Send him a "writing," instructing him not to contact you again, and he must stop, by law.

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1 Answer | Asked in Consumer Law for California on
Q: Are cash payments individual awards in a settlement are they divided between each class member in a lawsuit !

Settlement lawsuit question the total in cash payments ?

Adam Savett
Adam Savett answered on Feb 11, 2020

There are several different ways for class action settlement funds to be divided and distributed among class members.

The distribution method is always outlined in the settlement agreement and must be approved by the Court overseeing the case. Generally, the agreement, as well as a copy of...
Read more »

1 Answer | Asked in Consumer Law and Products Liability for California on
Q: claim process determines individual awards is the total cash payment in a settlement is divided or what each person gets

total cash payments in a settlement for filed claims ? Individual awards compared to claimants? claim process results in actual distribution of settlement funds to class members ! The claim process determines individual awards! Is the total cash payment in a settlement is it divided or what each... Read more »

Adam Savett
Adam Savett answered on Feb 11, 2020

There are several different ways for class action settlement funds to be divided and distributed among class members.

The distribution method is always outlined in the settlement agreement and must be approved by the Court overseeing the case. Generally, the agreement, as well as a copy of...
Read more »

1 Answer | Asked in Consumer Law for California on
Q: Can a relative be made responsible for a delinquent loan made by his sibling if he had nothing to do with the loan?
William John Light
William John Light answered on Feb 9, 2020

In CA, the relative is liable if he co-signs or guaranties the loan, or if the collateral for a loan is jointly owned by the relative, or potentially if the borrower is a minor. (Code of Civil Procedure sectiopn 1714.1)

2 Answers | Asked in Civil Litigation, Consumer Law and Small Claims for California on
Q: Can I video a conversation with my phone at a business that has cameras everywhere and notices I am being recorded?

I was at a towing company trying to recover my car and I recorded my interaction with their employee at the front counter. There are cameras everywhere and notices that I am being recorded. Can I record my interaction and can I use that in small claims court? The tow was illegal and they did damage... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Feb 8, 2020

Sounds like you already did. What's good for the goose is good for the gander...

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1 Answer | Asked in Consumer Law for California on
Q: Can Finance Company auction vehicle for behind payments even if they told me they are not selling it yet?

My truck got repoed. I have been making payments to the Finance Company in order to get it back but the tow company says the Finance Company had them take it to the Auction already. Finance Company will not release information to where my truck is until they have received the full amount I owe plus... Read more »

William John Light
William John Light answered on Feb 5, 2020

Sounds to me like you are bringing your past due payments current. You owe the past due amounts regardless of whether the Finance Company auctions the truck, unless the auction amount somehow exceeds the remaining balance on the loan, which would seem to be be rare.

1 Answer | Asked in Consumer Law and Health Care Law for California on
Q: Can I sue Walmart for serving hot food to employees without a license for hot food or food handlers license

Even if I got sick from it but never went to the hospital

William John Light
William John Light answered on Jan 31, 2020

If you are injured at work, you have a workers compensation claim. That is all.

1 Answer | Asked in Consumer Law for California on
Q: Can a used car dealer sell me a car without being smogged? I purchased the car in April 2019 I still dont have plates or

Registration for car and I paid car off in sep 2019 I called DMV they told me there is a lien on my car and it has not been smogged since Feb 2018. So now I've been driving with Expired Temp paper plate that Expired Oct 2019 Is the dealer breaking any laws????

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 31, 2020

Sorry for your issues. Whether they smogged it or did so timely is not your issue.

For instance if it under 4 years old, no smog required. The issue is, as you've noted,

no tags, no title, presumably. THAT is a problem and may or may not be related to

the no smog issue....
Read more »

2 Answers | Asked in Consumer Law for California on
Q: Can i Sue money gram for not refunding a cancelled transfer?

I signed up for a MoneyGram account online so I could send a friend of mine whose abroad a loan. MoneyGram cancelled my account and also cancelled the transfer as well. I've been trying to get my money back which was a high dollar amount back but have had one issue after another getting it back. If... Read more »

William John Light
William John Light answered on Jan 28, 2020

Before you sue, have you complied with the following, from MoneyGram's website?

"CALIFORNIA

If you have complaints with respect to any aspect of the money transmission activities conducted at this location, you may contact the California Department of Business Oversight at its...
Read more »

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1 Answer | Asked in Consumer Law, Contracts, Products Liability and Small Claims for California on
Q: Denied $400 Target return(Unopened w/receipt, purchased day prior) cause staff didn't know how to return the item. Help?

It was a Visa prepaid Debit Card the card itself and the store policy says specifically that this item can be returned if unopened with receipt and within 90 days. Which I had all three. Staff was extremely rude and degrading to me and wouldn't even take the time on how to figure out it could be... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 27, 2020

Go to a different Target!

OR talk to a manager next time.

Good luck with it!

2 Answers | Asked in Consumer Law for California on
Q: How long does the Consumer Protective Service take to respond for a licensee with a criminal record?

I applied to get my licensure for physical therapy. The California Physical Therapy Board sent my application to Consumer Protective Services to review my criminal background and decide if I can get licensed. I was wondering what this process is typically like and how long it takes. Thank you in... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 22, 2020

I do not think anyone can answer this with exactness. The CA Bar licensing usually takes about 4 months and does not include folks *usually* with criminal records. It DOES have a LONG exam. IF it takes more than 6 months, I'd recommend you politely reach out to the body doing the screening, and to... Read more »

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2 Answers | Asked in Consumer Law, Civil Rights, Environmental and Landlord - Tenant for California on
Q: Is a landlord required to find and pay for housing if mold needs to be abated?

I live in an apartment in Anaheim California. The lease is weekly and required to pay by week and it up to a month in advance. I have been stalked and harassed and now the entire ceiling in my closest is saturated with water and brown mold in ceiling. The carpet is wet and my belongings on on the... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jan 15, 2020

Go to the doctor and get treated. Most insurance company have exclusions for mold. You have to use negligence theories. Be careful how to file your pleading. Best of luck.

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1 Answer | Asked in Consumer Law for California on
Q: I went into an auto dealership to trade my car in for a new one I was upside down and the payments would be high but

I was fine with that. My current loan was discharged under a bankruptcy, but my mom would still be held liable for it as she is a co-signer on the loan. Anyways, the finance manager comes back and says since the loan was discharged, just surrender the car. I informed him that my mom was on there... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 13, 2020

I do not have the specific answer to your question, but, I have excellent input.

Here is what you do, ASK your bankruptcy attorney! They know this stuff inside

and out and they will know if you were lied to and if so, what your remedies may be.

Good luck with it!

1 Answer | Asked in Consumer Law and Criminal Law for California on
Q: Am I capable of sending a demand letter to someone who has frauded me online?

If someone scams me online for virtual currency, can I send a demand letter to get him to recompensate me?

Dale S. Gribow
Dale S. Gribow answered on Jan 13, 2020

more info needed.

yes you can send a demand letter yourself...however it probably will not be successful.

if what s/he did was criminal then contact law enforcement.

1 Answer | Asked in Animal / Dog Law, Constitutional Law, Consumer Law and Criminal Law for California on
Q: My dog Cooper got away from me and turned in at the Humane Society. I had spent all early morning and the day looking

Emailed all local shelters , and posted advertisements in neighborhood and online to find him. At 5:00pm the same day he went missing I located him at the local SanDiegoHumaneSociety. They had closed , I was instructed to claim him the following day upon opening.

4 years prior he had a... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 4, 2020

more info needed.

did you know he had a chip? did you make any attempt to "re chip" the dog?

you can retain a local lawyer or go to small claims to sue.

not the type of case we would accept but some lawyer might do that.

2 Answers | Asked in Consumer Law and Small Claims for California on
Q: I am a Truck Driver which drove from California to Connecticut. On my way back, the company's bank repossess the truck

Do I have any rights as a consumer to receive my money for completing a job. I was told the individual that works as the accountant took the money that was suppose to pay for the truck therefore not paying me for a job I completed. Need your help...thank you in advance.

William John Light
William John Light answered on Jan 2, 2020

If you were an employee, you can file a claim with the Labor Commissioner in the state where you were hired to do the job. If you were an independent contractor, you can sue in Small Claims for up to $10k (in CA). You would sue the person who was supposed to pay you, not the accountant.

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1 Answer | Asked in Consumer Law for California on
Q: I believe I have been scammed by an international shipping scam. I have received and shipped packages and not been paid.

I have saved all my documents from shipping as well as pictures of items, email exchanges, and labels.

Neil Pedersen
Neil Pedersen answered on Dec 31, 2019

This is a common scam that has caused a lot of people to lose money. In the future, when something appears to be too good to be true, it is a scam.

As to getting paid, it is highly unlikely you will ever find someone to sue and collect from. These are sophisticated scammers who disappear...
Read more »

1 Answer | Asked in Consumer Law for California on
Q: If i have declined to purchase the contract cancellation option will I still be able to ask for a refund for the car?

I bought the car used and the dealer gave no info about the car having a faulty transmission. Two days after purchase the car had much difficulty driving. Bought "as is" but had no idea what that meant. First time buyer age 21. No warranty bought. Dealer said nothing at all and clean car fax... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Dec 30, 2019

Maybe. IF they knowingly mislead you or flat out lied to you in writing or orally, you may have a case?

IF the car has a warranty and that does not work to fix it, you may have a case?

Talk to a professional consumer protection attorney for more direction.

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