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New Jersey Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Civil Rights for New Jersey on
Q: In NJ, is it legal for hotel security to go through a guest luggage/baggage after being locked out?

AC,NJ hotel and casino guest luggage in room after guest was locked out of room for trying to extend stay and payment was declined. The guest was not allowed to get belongings out of room, instead security went to room, opened guest personal belongings and proceeded to go through their... View More

James L. Arrasmith
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answered on May 27, 2024

In New Jersey, hotel staff and security are generally not allowed to search a guest's personal belongings without consent, even if the guest has been locked out of their room due to non-payment or other issues. The hotel may have the right to remove and store the guest's belongings, but... View More

1 Answer | Asked in Civil Rights and Consumer Law for New Jersey on
Q: I’m trying to find an attorney to consult with regarding discrimination at chase bank?

They closed all my accounts and refuse to return funds due to a registered phone number.

Madeline Houston
Madeline Houston
answered on May 3, 2024

There are a number of federal and state consumer protection statutes that might apply to your situation depending on the specific facts. If indeed there is evidence that a bank improperly closed your accounts and withheld funds it had no right to these laws could provide you the ability to... View More

1 Answer | Asked in Consumer Law and Collections for New Jersey on
Q: i live in new jersey but want to sue a company in san bruno, california. do i have to go to CA. to file?

In October 2023, I found $72.99 unauthorized charges on my bank statement. Bank advised cancelling the card. Later, discovered more unauthorized withdrawals from YouTubeTV, totaling $291.96. Despite bank's provisional credits, YouTubeTV didn’t refund, leaving negative balance. Months of... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 2, 2024

You can file in California, if the terms of service of YouTube TV allow you to sue at all. There may be a mandatory arbitration provision. You are not going to be able to recover for the things you mentioned. You can recover for the money that you are actually out - around what, $400?

1 Answer | Asked in Consumer Law for New Jersey on
Q: What recourse do i have in regards to a return. Ordered a lawn tractor on line from manufacturer. item defective.

Ordered a lawn tractor on line from manufacturer, + paid shipping fee. Item arrived 2 weeks later after many delays with trucking co., after un crating found defect, oil leaking. Manufacturer will not answer phone. Have tried for mult days and have been put on hold for hours at a time. 1 week has... View More

Peter J. Weinman
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answered on Apr 19, 2024

Unfortunately, there's no great answer here. The cost to involve a lawyer will exceed the $500 you were hoping to save (and it won't make things happen any faster), and either way, you'd have no basis to sue anyone just because you need the money from the return before you can buy... View More

2 Answers | Asked in Consumer Law and Banking for New Jersey on
Q: Hello, Should I accept a settlement check from Wells Fargo class action suit or am I entitled to more than the offer

Wells Fargo is willing to settle with me for 1,300$ Should I take their offer or am I entitled to more. I have no record of this account or how much money was actually in it.

James L. Arrasmith
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answered on Mar 25, 2024

Deciding whether to accept a settlement check from Wells Fargo requires careful consideration. First, review the details of the class action suit and how your specific circumstances align with the case's parameters. Without records of the account or the amount involved, it's challenging... View More

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2 Answers | Asked in Consumer Law and Landlord - Tenant for New Jersey on
Q: My former landlord is sending a debt collector after we reached a settlement with the court and my case was dismissed.

My former landlord brought an eviction case against me. We brought a settlement to the court and I paid the money that we agreed upon. So no judgement was ever entered against me and the case was dismissed. I have already vacated the property.

Now he's claiming there's still a... View More

James L. Arrasmith
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answered on Mar 31, 2024

In your situation, if the settlement agreement was approved by the court and specifically addressed the amount of rent and any other obligations you were to fulfill, and you have complied with these terms, this agreement generally should stand as the final resolution of your obligations up to that... View More

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1 Answer | Asked in Consumer Law, Civil Rights and Small Claims for New Jersey on
Q: Can I sue Planet Fitness for creating me a second membership and denying me to cancel one of them?

In 2019, I registered at a PF location in NY using my boyfriend’s card. Later in the same year, I transferred the membership to a NJ club. In 2021, I transferred it to another NJ location, asking to change the payment method to my own card. However, PF unexpectedly created a SECOND membership,... View More

James L. Arrasmith
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answered on Mar 6, 2024

If you're facing issues with Planet Fitness over an unwanted second membership and difficulty in canceling it, it's understandable to feel frustrated. Your situation, where charges are being applied to two memberships when only one was intended, especially after attempting to resolve the... View More

1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for New Jersey on
Q: I'm in NJ and am main buyer on a vehicle contract with an ex. I sued him in special civil court and won. However

Im trying to get off the loan entirely or gain possession of the car. The lender did an extension agreement with the cosigner without my knowledge or signature electronically. Is this legal in NJ? Co-signer's name is on the title however I can add mine on to it at any time. What is the best... View More

Leonard R. Boyer
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answered on Feb 26, 2024

You need to retain an experienced civil litigation attorney to represent your interests in this matter. You should expect to pay for a 1/2 hour of attorney time to have your best course of action determined. Pick the best attorney you can find and remember one rule: a good attorney is generally... View More

1 Answer | Asked in Consumer Law, Contracts and Banking for New Jersey on
Q: Ally financial blatantly violated the TILA, FCRA, CCPA and tried to over charge me 6k on an 18k loan.

I entered a contract (which doesn't include a dealer number, or contract number filled in.) to finance a 2013 Nissan Frontier through Ally financial back on May 29th of 2017. The total paid after 72 months at a rate of 8.64%. came out to $18,019.44 according to the truth in lending disclosure.... View More

James L. Arrasmith
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answered on Feb 23, 2024

Dealing with a situation where you've been overcharged on a loan can be incredibly frustrating and confusing. It seems you've done your due diligence by reviewing the terms of your contract and comparing them to the actual charges applied by Ally Financial. Discovering discrepancies in... View More

1 Answer | Asked in Contracts and Consumer Law for New Jersey on
Q: I want out of my solar contract and a refund.

I'm in New Jersey and I was sold a solar system that was supposed to offset 90% of my utility usage and it barely offsets 35%. I have it in writing where my sells person told the company if my system didn't offset 90% I would decline the system and then the sells person came back to let... View More

Melissa Totaro
Melissa Totaro
answered on Feb 2, 2024

Based on the facts as you recount them you could have a viable cause of action under the New Jersey Consumer Fraud Act, which prohibits merchants from engaging in certain unfair conduct, including false promise, misrepresentation and otherwise deceptive tactics. The Consumer Fraud Act provides... View More

1 Answer | Asked in Consumer Law, Criminal Law and Federal Crimes for New Jersey on
Q: What can i do? Is this illegal? Is he commiting fraud?

I have a contract signed by me. I was loaned money from somewho is charging an interest fee of 650$.In which doesnt lower the loan of my original loan amount. I know he isnt reporting his extra willings to the irs , nor he is a USA Citizen. He does this as a side business.

James L. Arrasmith
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answered on Jan 23, 2024

If someone is lending money with an interest charge that doesn't decrease the principal loan amount, it's important to first examine the terms of the contract you signed. Ensure that the interest rate and terms of repayment are clearly stated and understood. If the terms are not clear or... View More

1 Answer | Asked in Consumer Law and Small Claims for New Jersey on
Q: I want to know if I can take APPLE (Computers) to NJ Small Claims Court based on the below details:

I was hacked; someone stole my Apple ID (erased my phone & shut down my computer.) Apple put it in "Locked" and "Lost" mode for nearly a month, stringing me along, told me to send the original purchase invoice to prove it's my computer & they would release it.... View More

James L. Arrasmith
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answered on Dec 26, 2023

You can consider taking Apple to Small Claims Court in New Jersey if you believe they've failed to fulfill their service obligations or caused you a financial loss due to their actions or misinformation. Small Claims Court in New Jersey handles cases where the claim is for $3,000 or less (or... View More

1 Answer | Asked in Civil Litigation, Consumer Law, Real Estate Law and Civil Rights for New Jersey on
Q: What is PR law regarding disbursements of property as the heir of my mom who passed away(1989) before her mom(2003)?

My grandmother's property who passed away is being disbursed, and is the wish of my mom's sister to keep it; my mom's siblings have set a price for the house which is nowhere near the appraised valued. They claim that the decision was made amongst them (the living children)... View More

James L. Arrasmith
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answered on Nov 16, 2023

In Puerto Rico, the rights of heirs in property disbursement are governed by the local inheritance laws. If your mother passed away before her mother (your grandmother), generally, you and your siblings, as her direct descendants, would inherit your mother's share of your grandmother's... View More

1 Answer | Asked in Consumer Law for New Jersey on
Q: Can a used car dealers compel buyer to buy extended warranty in order to honor listed price?

Price listed is $18k, TrueCar inquiry came back with about $5k in 2 "accessory charges". Before I go further I want to know if this is something they can compel me to buy. Thank you!

James L. Arrasmith
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answered on Nov 13, 2023

In New Jersey, a used car dealer cannot compel a buyer to purchase an extended warranty as a condition for honoring the listed price of a vehicle. The price advertised should be the price you can pay for the car itself, excluding standard fees like taxes and registration. Additional charges, like... View More

1 Answer | Asked in Banking, Consumer Law and Identity Theft for New Jersey on
Q: Recently, there were fraudulent expenditures on my Chase Visa. This is an Amazon/Whole Foods Visa from CHASE.

Customer Service from CHASE says that people are using my card and APPLE PAY. I don't have any Apple Pay and have never given permission to anyone to use my VISA. In August, September, and now October, there are constant fraudulent charges on my VISA. Chase has already changed my card twice... View More

James L. Arrasmith
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answered on Oct 11, 2024

It sounds incredibly frustrating to deal with these ongoing fraudulent charges, especially when you’ve already taken steps like changing your card and contacting Chase multiple times. The fact that the charges continue despite these efforts is a major concern. Since your checking account has been... View More

1 Answer | Asked in Consumer Law, Personal Injury, Civil Rights and Medical Malpractice for New Jersey on
Q: I WAS RACIALLY PROFILED AT WELLS FARGO BANK IN IRVINGTON AND EAST ORANGE NEW JERSEY can I sue?

I SUFFERED A FRACTURED RIGHT ANKLE IN MY KITCHEN WHILE AT THE HOSPITAL ( EAST ORANGE GENERAL ) AND THE PERSON CARING FOR ME HE AND HIS GF WERE FIGHTING OVER ME WHILE HE WAS CARING FOR ME. SO I REPRIMANDED THE TWO OF THEM AND SHE PUT A LIE IN MY REPORT AND NOW NO LAWYER WILL TAKE MY CASE I HAVE... View More

James L. Arrasmith
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answered on Sep 27, 2024

I'm sorry you're going through this—it sounds incredibly frustrating and unfair. When it comes to racial profiling, you may have grounds for a lawsuit if you can prove that Wells Fargo discriminated against you based on your race. You can consider filing a complaint with the New Jersey... View More

2 Answers | Asked in Consumer Law and Banking for New Jersey on
Q: I let my boyfriend make trades on my brokerage account and it resulted in a $20,000 loss

I am looking to what I can do to recoup losses. He does not have a license to trade other peoples money. I told him he could. I told him what I did not want to hold within the account and he would not sell them. I was not monitoring the account as I was at work. He told me to trust him multiple... View More

Leonard R. Boyer
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answered on Sep 18, 2024

You allowed him to do it, so who are you going to take legal action against? Any Court would treat this case as a he said -she said and it will almost certainly be a useless exercise. Good luck.

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1 Answer | Asked in Business Formation, Business Law and Consumer Law for New Jersey on
Q: Can I file a law suit against restaurants for claiming to sell for instance a 6 piece wings and it’s not 6 but 3 split

So many restaurants claim they are selling wings when they are in facts selling wings cut into 2 counting them as an individual wing. tA wing is a drum and a flat TOGETHER not separatley

Tim Akpinar
Tim Akpinar
answered on Sep 16, 2024

A consumer protection attorney could advise best, but your question remains open for three weeks. Many law firms could be reluctant to handle such a lawsuit. But you reach out to firms to discuss - some might see things differently. Good luck

2 Answers | Asked in Consumer Law, Contracts, Civil Rights and Education Law for New Jersey on
Q: I want to sue an university ?

Story:

The school requirements for admission is to complete prerequisites and have a bachelor degree with a cumulative gpa of 3.0 in all undergraduate coursework. This requirement is written on their website.

My transcript inserted two credentials of all my undergraduate... View More

Tim Akpinar
Tim Akpinar
answered on Sep 8, 2024

You could reach out to attorneys who handle such cases to discuss. However, keep in mind that in this type of matter, if a law firm handles in on an hourly basis instead of a contingency basis, that could mean legal fees - win or lose. The first thing to learn from law firms that handle such matter... View More

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1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Small Claims for New Jersey on
Q: Hi! What happens with the 7 year credit statue after chapter 13 dismissal?

So I recently had my chapter 13 dismissed. I no longer needed the automatic stay for my apartment. My landlord had been receiving nj rental assistance without my knowledge. When I found out she was getting double rent, I stopped. I was given a STUDENT(yet to even take the bar) who wasn’t doing... View More

James L. Arrasmith
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answered on Jul 18, 2024

When your Chapter 13 bankruptcy is dismissed, creditors can resume their collection efforts, which includes reporting debts to credit bureaus. However, the seven-year statute for negative items on your credit report should start from the date of the original delinquency, not the date they reappear.... View More

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