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California Consumer Law Questions & Answers
1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Criminal Law for California on
Q: Can a dealership sell a motorcycle on consignment that has an invalid, or voided, title?

I purchased a used motorcycle with cash from a dealership who claimed they were selling it on consignment. They gave me a title that had signatures already on it (as if it wasn't ever transfered last time it was sold) and the keys. I figured as long as i have the title im good but When I went... Read more »

Leon Bayer
Leon Bayer
answered on Jun 28, 2022

Yep. You got scammed. I suggest you tell the dealership that they have 24 hours to refund your money or else you will file a complaint against their dealership license with the State of California. In addition to filing the complaint, you can also file against the dealer in the local small claims... Read more »

1 Answer | Asked in Consumer Law for California on
Q: i want to know how to check out if a debt collector is not a scammer

the lady who called answers hello. they wont let me have the name of the company or validation of the debt. they said if i dont pay the settlement amount they offered (2,225 turned into 1000) id go to court and loose since i signed a contract with us bank. i did not have checks. i am positive i... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Jun 22, 2022

This sounds like a scam. Debt collections send you written notices. They rarely call. Also if you only have ssi, you may be judgment proof as debt collectors cannot touch ssi.

1 Answer | Asked in Consumer Law and Small Claims for California on
Q: A company advertised a product as "free" and "no strings attached" but charges for non returns, is that false advert?

A company recently charged me for unreturned equipment that was given for free with no strings attached. The terms and conditions does not specify this particular product which is not owned directly by the entity. The entity advertised the equipment as free and no strings attached. I never paid for... Read more »

Leon Bayer
Leon Bayer
answered on Jun 21, 2022

How did they get paid?

1 Answer | Asked in Consumer Law and Banking for California on
Q: I'm needing a Consumer Protection lawyer - pro bono in California. Chargeback dispute with Bank of America
Leon Bayer
Leon Bayer
answered on Jun 17, 2022

I am sorry you are having this problem. However, the description of a "chargeback dispute" tells us nothing about the merit or lack of merit concerning your claim. I suggest you submit a new question and provide some brief details, and you should then get some helpful advice.

1 Answer | Asked in Consumer Law for California on
Q: Valvoline serviced my car, my car is not drivable can I sue?

They were talking amongst themselves and I knew something was not right. Tech and the assistant manager apologized and told me that I would have to give them a moment so that they could discuss what happens with district manager. Mind you it’s after 6pm and they’re technically closed.... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Jun 15, 2022

You should consider giving them the opportunity to fix the issue.

We are lawyers not mechanics and as such we don't know what kind of claim, if any, you may have without additional info, such as an expert (or at least another mechanic shop) inspecting the vehicle and preparing a...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Car Accidents for California on
Q: According to car rent agreement (CA), I am responsible for damage, but not collision?

I am responsible for damage that occured after I returned a rental car outside of business hours, according to the California car rental agreement. There was no damage to the car when I returned it, so it must have occurred between the time I returned it and the time it was inspected. But according... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jun 14, 2022

as is the case with most legal questions, there is a need to learn more.

the contract should control........did you get permission to drop off after hours?

the challenge is that retaining a lawyer may be as costly as the PD.

1 Answer | Asked in Consumer Law for California on
Q: I need a consumer law lawyer. I believe I am being swindled by 3 separate solar companies operating together

Do I have legal recourse even though I have signed a contract?

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Jun 12, 2022

Hi there,

Sorry to hear that you're experiencing some solar swindle which sounds very frustrating. It's a very broad question, but yes, you likely have a recourse despite the contract(s) you may have signed.

Contact a consumer attorney to hear your rights.

Best regards,

Dan LeBel

2 Answers | Asked in Consumer Law, Contracts and Business Law for California on
Q: What does it mean when a car dealership defers the balance of $2,000 from a cash sale of $30,000 what are your right sto

My friend went into car dealership with $30,000 cash he saw a car with the sticker price of $29,000 when everything was said and done he still had a balance of $2,000 and the dealership decided to defer the payment for him now they're threatening to take the car what are his right what does... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jun 9, 2022

Have yoru friend reach out with ALL writings and notes to a consumer protection attorney immediately AND also have your friend reach out to the CA DMV Investigations unit, to see if your friend can make some sense of this and get some protection. IF it is repossessed, even wrongfully, it is... Read more »

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2 Answers | Asked in Consumer Law, Contracts and Business Law for California on
Q: What does it mean when a car dealership defers the balance of $2,000 from a cash sale of $30,000 what are your right sto

My friend went into car dealership with $30,000 cash he saw a car with the sticker price of $29,000 when everything was said and done he still had a balance of $2,000 and the dealership decided to defer the payment for him now they're threatening to take the car what are his right what does... Read more »

Leon Bayer
Leon Bayer
answered on Jun 9, 2022

Your friend needs to have somebody read the contract to him. Does the contract say the price of the car is $30,000 or is it $32,000?

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2 Answers | Asked in Consumer Law, Lemon Law and Small Claims for California on
Q: Can I have dealership remove paint protection and gps theft protection add on?

Dealership added warranty, paint protection, and gps tracker on the contract. The contract was already signed, we were able to have the warranty removed, but not the paint protection and gps theft protection as they said they are required when buying new vehicles from their dealership. Is this true... Read more »

Leon Bayer
Leon Bayer
answered on Jun 9, 2022

You have asked a good question which should serve as a warning to all consumers: Read the contract before you sign it.

I think I can guarantee that if you had complained before you signed, those add-ons would have been removed. The dealer's explanation is simply bs to lull people into...
Read more »

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2 Answers | Asked in Consumer Law and Contracts for California on
Q: We got a new car in Cali 4 days ago. Can we cancel warranty added by the dealership?

We thought we got a good deal on a car. But on contract signing, we noticed there were warranty add ons totaling $6000. We told the financial guy we did not want all those, and he said it is part of the financing agreement since my husband is a first time buyer. My husband signed the contract and... Read more »

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Jun 7, 2022

Many car buyers get talked into buying an extended warranty they didn't want or need by a car salesperson who earns a commission by selling it. They then get home, do their research and learn that these are rarely worth the money.

Unfortunately, there's not enough information to...
Read more »

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2 Answers | Asked in Consumer Law, Criminal Law and Constitutional Law for California on
Q: Can I be arrested for stealing for walking outside to look at the plants they sell when I'm still on the premesis?

I was shopping at home depot and went to the garden center to look for Spanish lavender. I asked an employee where to find it and they told me it was outside on the sidewalk (where they keep hundreds of plants for purchase). I informed that employee and the one at the register that I was going to... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 30, 2022

Sorry for your issues.

Luckily this happened almost immediately after you spoke to the two employees

and you told the loss prevention folks AND they still have video of this event, so,

it's really a non-issue, right?

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2 Answers | Asked in Consumer Law, Criminal Law and Business Law for California on
Q: we have proof that a tow company is doing predator towing and is partnering with a restaurant and we want to sue both o

The authorization forms are prefilled with date being blank, no authorization signature and no company address, just location is filled in. We have pictures proving the way the authorizations are being done is illegal and we have video proof also. We want to sue both company's involved for... Read more »

Dale S. Gribow
Dale S. Gribow
answered on May 29, 2022

did this happen to you? if not what are YOUR damages?

you can always sue but the pivotal question is whether YOU can collect and whether a lawyer would take it on a lien.

hiring a lawyer can be expensive and going to small claims may make more sense ...however, you can only sue for...
Read more »

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1 Answer | Asked in Consumer Law for California on
Q: I got a question regarding a summons i got from a credit card debt i want to know whats the next step after these
Scott Richard Kaufman
Scott Richard Kaufman
answered on May 23, 2022

I'd reach out to speak to a 'debt defense' attorney for next steps...

1 Answer | Asked in Consumer Law for California on
Q: Whom I should sue to get my money back as I paid twice for the same service : Credit card company or the firm owner

I was charged twice for the same service of installing a new furnace in my home by1) Visa credit card charged on Feb 21,22 by his firm Alma's Heating and Air 2) by my check payable to the owner. Originally the total cost of the service is $3,890 with $1,890 as deposit, $2,000 upon completion... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 20, 2022

Start with the state contractor's licensing board.

IF you get nowhere there, then try an atty who

handles consumer protection.

1 Answer | Asked in Consumer Law for California on
Q: I ordered an RTV from a dealer 02/2021.

I have an unsigned purchase order with their and my names on it along with the agreed price. 15 months later it arrived. They told me the cost has gone up $2200 and if I want it I will have to pay more than agreed price. Can they do that?

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 3, 2022

They did it. The question is, "can they make it stand?"

As you've framed it, no. But the true context of it all

will be in the contract itself. Show it to an attorney for

a review to find out for sure what your rights are.

1 Answer | Asked in Consumer Law and Contracts for California on
Q: I have a roof leak caused by the installation of solar panels.

Roof leaks are covered under warranty by solar company. I have been in contact with them for a few months but they have yet to bring anyone out to have a look at the roof. Is there anything I could do about this situation?

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 2, 2022

Sorry for your issues. There are many options.

To me, since you do not want massive damage you get it fixed asap AND

make sure those who ARE fixing make a record that it was in fact the

SOLAR people's fault. THEN later, imho, you go after the solar folks.

Good luck with it...

1 Answer | Asked in Consumer Law and Contracts for California on
Q: I bought a car from a dealership in 5 years paid off the loan without missing/late payments, and never received a title

Contacted CA DMV with the notarized lien satisfaction letter and they don't have a title to issue me. Contacted the financial institution who were in charge of the loan and they don't have a title for the vehicle either. Registration states that No title issued/vehicle not transferable.... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 29, 2022

Assuming all facts to be true and correct and these are the only facts, yes, you would have a case v. Dealer and v. Holder of the contract, here, you've described them as a 'financial institution.'

The lawsuit may be substantial but if you are a non atty, you are more...
Read more »

1 Answer | Asked in Consumer Law for California on
Q: Is an APR of 99% legal for a loan?

I took out a loan for $6,300 in June of 2019 and have paid back over $17,000. I still have a principal balance of over $6,800. The APR is listed as 99% and I was wondering if this is legal in California or are there consumer protections?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 29, 2022

So, here is where you can START your research. There WAS a time where the only protections were for loans (in CA) that were UNDER $2,500.00. It's why a lot of places like "We Lend" or "You Owe" or similar sounding names "trust you!" Because, once you borrow more... Read more »

1 Answer | Asked in Consumer Law for California on
Q: Can my vehicle impounded by law enforcement with a 30 day hold sell my vehicle AND charge me all fees and charges?

I Thought selling the vehicle covered all the fees

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 27, 2022

Yes they can. Not sure about covering as 'selling' is often a scam wherein they sell to someone LOW, who they are in business (or family) with and then after that sale, they re sell it for fair value. They also chase the original owner for the shortfall in the first sale...

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