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Hawaii Consumer Law Questions & Answers
1 Answer | Asked in Banking and Consumer Law for Hawaii on
Q: We finance a used car and it broke down in just 2 days, they don't want us to have a different car

They also don't give back the down payment that we paid to them

James L. Arrasmith
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answered on Apr 11, 2024

I'm sorry to hear about your difficult situation with the used car purchase. Here are a few steps you can consider taking:

1. Review your purchase contract: Carefully read through the sales contract to see if there is any language about warranties or guarantees. Look for any clauses...
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1 Answer | Asked in Consumer Law for Hawaii on
Q: Can I sue a store for non delivery of product with a POS receipt that is not a registered business in Hawaii?

After seeing and agreeing to put a deposit on a product at a store in Maui, I was asked to sign a shipping & purchase document, as they were just the licenced distributer of the product and the manufacturer would be shipping my product upon full payment. I remember reading I would have 14 days... View More

James L. Arrasmith
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answered on Mar 2, 2023

If you believe that you have been a victim of a scam or fraud, you may want to consider contacting an attorney who specializes in consumer protection or fraud cases. They can advise you on your legal options and help you determine whether you have a viable claim for damages.

In general,...
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1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for Hawaii on
Q: If making monthly mortgage payments, why am I in foreclose, and I have all my bank statements showing I have paid.

I asked where my payments went, if you are claiming I have not paid. No answer. SPS had blocked me from making my December, January and February payments because I was told I am in legal process of foreclosure. I asked why as I have been making payments. I was told I had not made any payments... View More

Blake Goodman
Blake Goodman
answered on Feb 1, 2024

You are being screwed with. I help people file bankruptcy to save their home from foreclosure, not this kind of thing.

You need to find an attorney that represents borrowers under the Truth in Lending Act (or TILA). See what you can find on Google for an attorney versed in this law that...
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1 Answer | Asked in Bankruptcy, Consumer Law and Lemon Law for Hawaii on
Q: I have defaulted on a car loan with Santander consumer USA. It’s been a year. Car still not repo. What do I do?

The loan has defaulted for a year now and my car still hasn’t been repossessed. What are my legal options? Should I do a voluntary repo?

Timothy Denison
Timothy Denison
answered on May 4, 2023

Your legal options are: 1) bankruptcy; 2) borrow money and pay off the note; 3) sell the car and pay off the note; 4) don’t voluntarily repo bc it won’t reduce the debt by much. Even if repoed, you will still owe nearly the same amount.

1 Answer | Asked in Consumer Law and Small Claims for Hawaii on
Q: How do I get my money back on a false misrepresentation of a claim on a product I bought?

I purchased a device that claimed FDA approval and it is not. I based the purchase on being told it was FDA approved.

Tim Akpinar
Tim Akpinar
answered on Jan 23, 2022

A Hawaii attorney could advise best, but your question remains open for five weeks. Hawaii consumer laws aside, which only a local attorney could advise about, the most practical approach could be to request refund through the company's customer service department. If there's more to the... View More

1 Answer | Asked in Consumer Law and Insurance Bad Faith for Hawaii on
Q: Is the death due to "complications of blunt force injuries of the head" considered to be an accidental death?

I am the beneficiary of a Guaranteed Life Insurance from Gerber Life that started June 2019. The insured passed away on March 27, 2020. I filed a death claim with Gerber Life but there was a delay in obtaining his death certificate due to the pandemic. I finally was able to send in the required... View More

Mark Simonds
Mark Simonds
answered on Dec 17, 2021

Aloha, blunt force trauma is exactly that - an injury caused by blunt force, whether applied intentionally by another person, or due to accidental circumstances. It is more a medical term than a legal term. It just describes the type of causation, not the state of mind of the individual... View More

1 Answer | Asked in Consumer Law and Land Use & Zoning for Hawaii on
Q: Encroachment of a wall on my boundary line is less than one foot.

The wall was built over 20 years ago and a recent survey revealed the wall encroached less than a foot into neighbor’s land.

Tim Akpinar
Tim Akpinar
answered on Feb 11, 2021

A Hawaii attorney could advise best, but your post remains open for two weeks. You could repost in the Real Estate section. There wasn't a question included, but if you're wondering about adverse possession and other issues arising here, an attorney might need to see the survey and other... View More

1 Answer | Asked in Consumer Law and Medical Malpractice for Hawaii on
Q: If MFT therapy starts in Hawaii and the client moves, Can therapy go on even if the client is no longer in Hawaii?

Hawaii revised Statutes.

Tim Akpinar
Tim Akpinar
answered on Jan 17, 2021

A Hawaii attorney could advise best, but your question remains open for four weeks. For MFT (marriage family therapy?) issues, a divorce or family law attorney could be able to offer meaningful input. There are headings for those those areas here. Not all questions get picked up, but if you wanted... View More

1 Answer | Asked in Consumer Law for Hawaii on
Q: I found a animal part inside my can of Coca-Cola that was older I drink part of it and realized had nimal part in can

Contacted Coca-Cola they're sending one free case coupon animal that looks like inside the can been freaking out for about 45 minutes now there was a f****** animal inside or some sort of leg and in my can of soda that I drink some of the liquid and spit it out and made me puke I can send you... View More

Tim Akpinar
Tim Akpinar
answered on Aug 22, 2020

A Hawaii attorney could advise best, but your post remains open for three weeks. In such cases, despite any distress one may experience, legal remedies tend to be based on actual damages. That generally means injuries of significance and duration/permanence, supported by medical documentation. You... View More

1 Answer | Asked in Consumer Law and Contracts for Hawaii on
Q: I financed my vehicle through a dealership that was in cahoots with the financing co. In 2014. W/ 3 lawsuits

I have kept all my paperwork, payments everything and I recently found that 4 different states filed class action lawsuits against santander at least 3 of the, describe my situation and I can prove it all

Can I too file a lawsuit against the financing co and/or the dealership for the 1... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 30, 2019

If you really found four different states that filed class actions against a dealership, three of which sound like they are after the same relief you are you may have more (and cheaper) options than trying to sue them yourself. Try calling one of the law firms involved in the three similar cases.

1 Answer | Asked in Consumer Law, Real Estate Law and Tax Law for Hawaii on
Q: Can I legally charge a finders fee to help someone claim an escheat check?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 7, 2019

I would not try to do that unless you are a lawyer or otherwise have financial services credentials or debt collection credentials issued by Hawaii.

1 Answer | Asked in Consumer Law and Banking for Hawaii on
Q: I was scammed; I need a consultation on Regulation E.

I was tricked into wiring money from my bank in Hawaii to a bank in New York. The FBI says I will not get my money back; the account at the bank in New York has been closed. I have other agencies working on recovering it but I don't have much hope. At this point, I am interested in paying... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 6, 2019

If it helps at all, you should know that you are among many thousands of working Americans and retirees who have recently sent vast sums of money to strangers who promised "really great earnings" on their "investment." The FBI cannot possibly keep up with all the thieves.... View More

1 Answer | Asked in Banking, Business Law and Consumer Law for Hawaii on
Q: I was tricked into wiring nearly $60K of my retirement money to JP Morgan Chase Bank in New York. Will Reg. E help me?

I've notified all appropriate government agencies about the "theft." Research tells me Regulation E may cover me under these circumstances but I need an attorney's advice. Is there an attorney on the Big Island that I can consult about consumer bank law?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 13, 2019

You should use the Find a Lawyer tab located at the top of every page here on Justia.

1 Answer | Asked in Consumer Law and Real Estate Law for Hawaii on
Q: What US law (in 21006 or 2007) gave timeshare resorts the right to let non-owners pay to use units ?

And, if you can give me the law, how can I get access to read it?

Michael Hales
Michael Hales
answered on Nov 29, 2017

This right is typically granted by the resort's bylaws and not through legislation. If a room is not being used, they will allow others to use it in an effort to avoid waste. Does that answer your question?

1 Answer | Asked in Consumer Law for Hawaii on
Q: What are the laws and statues of misleading and false advertising?
Adam Studnicki
Adam Studnicki
answered on Aug 13, 2015

This is a very general question. Too general to answer in the abstract. A local lawyer can advise based on your specific concerns.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal...
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1 Answer | Asked in Consumer Law for Hawaii on
Q: What kind of attorney do I seek for misleading and false advertising?
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 12, 2015

Any attorney with experience in this area. There is most likely a government agency that you can make a complaint with about this. The state attorney general or solicitor general might be able to point you in the right direction.

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