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California Consumer Law Questions & Answers
1 Answer | Asked in Identity Theft and Consumer Law for California on
Q: My four-year-old student loan was just added to my credit report. It ruined my mortgage is this legal

I got a business school loan refinanced by local bank. At the time it seem like their policy was not to report the debt to credit bureaus. Four years later with a perfect payment history they decided to report it. It didn’t hurt my credit score but it did hurt my debt to income ratio and now... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Aug 2, 2020

You have a right to accuracy. If it's inaccurate you have a claim.

2 Answers | Asked in Consumer Law for California on
Q: Need a Pro Bono Consumer Protection Lawyer. Any good recommendations would be helpful.

My car is four years old had two transmissions. Cracks in frame due to no accident and fuel injectors replaced once and they Oakland Honda are saying it needs fuel injectors again!

Daniel Timothy LeBel
Daniel Timothy LeBel answered on Jul 30, 2020

With cracks in the frame it sounds like--regardless of the fuel injectors or transmission--the car is unsafe to drive. You should find competent mechanics and follow their advice. Under the facts as represented your vehicle must have been out of service for prolonged periods and, if under warranty,... Read more »

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3 Answers | Asked in Civil Rights, Constitutional Law and Consumer Law for California on
Q: Can I sue a grocery store for harassment and discrimination for not wearing a mask?

I, and a friend, were harassed and discriminated against by two employees for not wearing a mask while shopping at a local grocery store. I can't afford to hire an attorney, so I'll have to go pro per. Are there any cases for a similar lawsuit? Thanks.

Maurice Mandel II
Maurice Mandel II answered on Jul 30, 2020

The law, in the form of Executive Orders by the California Governor, makes it UNLAWFUL for you to refuse to wear a mask when going in public or into grocery stores. So you want to sue the store because they did not want you to break the law in the store.

Well, Sorry to tell you, they...
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1 Answer | Asked in Consumer Law for California on
Q: My vehicle tires have damage due to to an oversight from an alignment. The shop wants to charge me to replace the tires

When I took the car back they fixed the issue at no cost but my tires are now ruined, should I pay for the two new tires plus labor or should the shop offer to replace them or the very least a discount?

Maurice Mandel II
Maurice Mandel II answered on Jul 29, 2020

In theory, the bad alignment is responsible for the damage to the tires, and the shop that did the alignment should pay for that damage. The question is how to separated the white from the yolk in these scrambled eggs. The tires had wear and were depreciated at the time of the bad alignment. The... Read more »

2 Answers | Asked in Consumer Law for California on
Q: If husband moves out but his wife and kids still continue living in the house but he demands security deposit, what ?

He did not give any notice but after he moved out he wrote a notice that he is permanently out and he has no belongings in my unit. Officially there is no divorce or separation. Wife has already changed the lock. He said his wife was not working so all security deposit is his. But on lease they... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 29, 2020

Law says LL gets to keep deposit until everyone moves out and your H is not entitled to either all or a part of it. In theory, he would only be able to get half back, since you were joint tenants, LL did not designate whose pocket it came from and it was from both of you.

Justia...
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2 Answers | Asked in Consumer Law, Business Law and Gov & Administrative Law for California on
Q: Under CA laws can a used car dealer list price on Cars..com or Cargurus yet write a tiny disclaimer Add Ons Mandatory?

For cash purchase, I've found several dealers say I MUST purchase car with $1999-$3000 extra option. Is this legal?

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 29, 2020

No. Not lawful. Report this to the dmv...

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2 Answers | Asked in Consumer Law for California on
Q: Is there a way for me to get my money back?

I resell bikes and I happened to buy a stolen bike and tried to sell it. This is my second time of trying to sell a stolen bike. The first time I sold the bike to someone but they traced the bike back to me. The second time the bike was taken from me and I was wondering if I can get my money back.... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 28, 2020

The police obviously have a record O stolen bikes. Before purchasing you should check with the police to see if the bike is stolen?

Make sure to get the contact information from the seller with the driver's license. Then in trace the stolen bike...

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1 Answer | Asked in Consumer Law for California on
Q: if I havent paid my rent for 3 months and I still havent been able to pay will that be marked on my credit?

Hi I’ am a resident in San Ramon California leasing an apartment. Me and my roommates were hit really hard by the pandemic. We have been laid off by our jobs and we havent been able to pay the partial amount of are rent for 3 months and my question was will this go on my credit if I was not able... Read more »

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

IF whoever you pay rent to is a "credit reporter" then yes.

IF you end up getting evicted in a court of law, then yes.

IF you can work it out with your LL, then no.

Good luck with it.

2 Answers | Asked in Consumer Law for California on
Q: What can I do to stop my grandma in law from using her deceased husband's credit cards and from opening new cards
William John Light
William John Light answered on Jul 27, 2020

If it's a joint card, it's none of your business. If the card is in your grandfather's name alone, it may be a crime, or the credit card company may cancel the card upon notification of the cardholder's passing.

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1 Answer | Asked in Consumer Law and Education Law for California on
Q: Can I request a refund from a school that closed since March due to pandemic?

Private school won't give me refund for my child's language class due to closure since March. They switched to online class, but the teacher didn't contact us prior so we couldn't attend online class, even if we can I don't feel as if the teacher was capable of teaching... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 23, 2020

Make sure you have put your request for a refund in writing, which will be evidence. File in Small Claims (up to $10,000) and take your case before a judge. There are a lot of posts on this question, and no sure answer. Be sure to review your contract with the school.

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2 Answers | Asked in Consumer Law for California on
Q: I recently purchased a car from an app called OfferUp. I have proof of returning the car but they won’t pay me back.
Daniel Timothy LeBel
Daniel Timothy LeBel answered on Jul 22, 2020

Sorry to hear about your problem in getting your money back. You should consult with a consumer law attorney and possibly law enforcement as soon as possible. You haven't included much information here, but this could be a problem with the company, the third party selling you the car, or with... Read more »

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3 Answers | Asked in Consumer Law for California on
Q: Is it legal to charge my credit card more than the quote on website?

I recently purchased pet insurance. When I filled in my information online and all of my pets information, I was quoted $555 for the year. I elected to pay the year balance instead of the monthly payments, and pressed the 'Complete' button (the number $555 had not changed). I am reviewing... Read more »

Daniel Timothy LeBel
Daniel Timothy LeBel answered on Jul 21, 2020

Sorry to hear about your trouble with this company. There seems to be a lot going on here and asking questions online is no substitute for consulting with an attorney.

To answer the narrow question, it is not legal to be charged more than you authorized for the purchase. If this company...
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1 Answer | Asked in Consumer Law and Criminal Law for California on
Q: can you be charged with a class c felony if you never received your pet from breeder and signed no paper work

i bought the puppy online and these people still haven't delivered the puppy i have paid for the puppy and now they keep asking for more money i do not have any more and now they are threatening me with a class c felony for a puppy i have never met

Maurice Mandel II
Maurice Mandel II answered on Jul 19, 2020

IMO you have been scammed and you should be the one going to the police to report a fraud and theft of your money. Suggest you file a small claims suit against them. Hope you have paperwork.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Consumer Law and Copyright for California on
Q: What is the best way to protect an idea for an invention
John Brian Hudak
John Brian Hudak answered on Jul 18, 2020

Consider consulting with a patent attorney to determine if your idea/invention can obtain patent protection.

This answer includes generalizations and there are many caveats. This answer does not form an attorney client relationship. Consider hiring an attorney to analyze the specific facts...
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1 Answer | Asked in Consumer Law for California on
Q: After a car accident, my car was stolen by the tow company & totaled/ransacked for parts. Is there anything I can do?

I got into a collision near the end of 2016. The towing company that came to pick up my car did not deliver it to the location for 3 days. When I was finally able to track it down, the owner of the tow yard claimed there was significantly more damage to the vehicle than there originally was -... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 17, 2020

Very sorry to hear you had these troubles. In 2016, an unknown and unlocateable towing company defendant used your car as a salvage and stole parts. The first problem with these facts is that the statute of limitations for this is probably 2 years, no more than 3 years since you did not have a... Read more »

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Estate Planning for California on
Q: Victim of unlawful retaliatory eviction. All my fam stuff sent 2 dump. Spent 5yrs homeless on streets bc of it. Options?

I had sec 8. He sued me for back rent I didn't owe. Before we made it to court, his lawyer's office called to tell me they found documents proving my innocence and they were dropping the suit but landlord wanted me to pay his attorney fees anyway, I declined. Short time later, the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 17, 2020

Very sorry to hear you had to go through these problems. The problem that I have regarding what you describe is that there are limitations on how much you can delay on bringing an action based on most of these facts. Ordinary torts are 2 years, Fraud is 3 years. I am not aware of any statutes for... Read more »

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1 Answer | Asked in Consumer Law for California on
Q: Debt consolidation company took my money then didn't pay my debts or fulfill contract can I sue to get my $ back?

The Debt Consolidation company took their fees, ignored one creditors that filed a lien against me, the other sent me to collections, the third they stopped paying altogether, this company made me pay more than the original agreement because they said I violated my agreement. My credit was... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 15, 2020

Sorry for your issues. I like Attorney Mike Cardoza for these types of matters.

Please tell Mike I said "hello." Good luck with it.

2 Answers | Asked in Consumer Law, Contracts, Products Liability and Legal Malpractice for California on
Q: Can I sue the place I bought my car from for falsifying the amount I paid for my down-payment?

I recently purchased a vehicle from a Chevrolet dealership in San Diego, CA. I had horrible credit at the time and was only able to be approved with a large down-payment, which I was able to make happen. The amount on the paperwork does not even closely reflect the $12,000 I put down. What can be... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 10, 2020

If you can prove that you put down $12,000.00 just let them know and seek an adjustment to the documents. If they refuse to adjust, that's a problem for them. Good luck with it!

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1 Answer | Asked in Consumer Law and Small Claims for California on
Q: western union wont refund me my money that was never picked up what do i need to do to get it back?
Maurice Mandel II
Maurice Mandel II answered on Jul 8, 2020

You need to go to WU and find out what you need to do to reverse the transaction. You will need to prove your identity to WU. Be sure you make a written request and keep a copy. If they won't refund the money, you can sue them in Small Claims.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Consumer Law and Products Liability for California on
Q: I need a lawyer, please advise. I have mentor ribbed implants by Allergan.
Jeff Herron
Jeff Herron answered on Jul 8, 2020

I'm sorry you're having difficulties with your implants. The Allergan Biocell implants are the subject of several national lawsuits. In December 2019 claims in federal courts from around the country were consolidated in a single federal court action in New Jersey. Products liability... Read more »

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