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New York Consumer Law Questions & Answers
1 Answer | Asked in Banking and Consumer Law for New York on
Q: Under the law 15 usc 1662B I’m I required to put a down payment on a auto financing loan Yes or no
Carl Nelson
Carl Nelson
answered on Apr 28, 2023

The section you refer to (I am assuming 15 USC 1662, which does not have a subparagraph "B") deals with advertisements for the extension of consumer credit. It prohibits such an ad from stating that a specified down payment is required *unless* that creditor usually and customarily... Read more »

3 Answers | Asked in Consumer Law for New York on
Q: Provider stored my credit card info w/out my permission and charged it months later w/out my authorization. My rights?

In 9/2022, my son had root canal therapy. He was covered by two insurances at the time so I had a small deductible which I paid at the counter with my credit card.

Months later I received 1st invoice from the endodontist for $1,007, stating our second insurance denied the claim. I... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Mar 29, 2023

By all means, initiate a chargeback and monitor your credit. Federal law now generally prohibits most medical debts from being reported to credit reporting agencies. Initiating the reinvestigation procedure under the FCRA may be necessary. Responding to the provider bill with a well drafted letter... Read more »

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3 Answers | Asked in Consumer Law for New York on
Q: Provider stored my credit card info w/out my permission and charged it months later w/out my authorization. My rights?

In 9/2022, my son had root canal therapy. He was covered by two insurances at the time so I had a small deductible which I paid at the counter with my credit card.

Months later I received 1st invoice from the endodontist for $1,007, stating our second insurance denied the claim. I... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 29, 2023

Ask to be included on denials or appeals notices from insurance carriers in the future. These usually have short shelf lives. Appeals must be usually be undertaken (or arbitration notices filed against the insurance carrier) within short windows of time, and it could take time to gather supporting... Read more »

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1 Answer | Asked in Consumer Law, Employment Law, Personal Injury and Products Liability for New York on
Q: The IEEE has an intense engineering and technology standards making organization and processes to be followed.

To what extent should licensed Professional Engineers and Certified Technologists serve in Responsible Charge of standards development to protect the public?

Tim Akpinar
Tim Akpinar
answered on Mar 22, 2023

Those standards are there to protect the public. Professional Engineers are usually well qualified to develop standards due to their experience in real world settings. At the same time, there are also other highly qualified technical professionals who are well suited to develop standards, without... Read more »

2 Answers | Asked in Consumer Law, Collections and Bankruptcy for New York on
Q: I just received in the mail sheriffs income execution.

I received in the mail today and income execution for my paycheck for a debt from 2014. I have never received anything from this debt. No PaperWorks no phone calls. Also it was for a vehicle that I had $3000 balance on but was totaled out and the insurance paid when my car got stolen. Also, this... Read more »

Carl Nelson
Carl Nelson
answered on Mar 23, 2023

You did not indicate when the judgment was entered, but I would assume it would be some time ago and it may be too late to vacate the judgment—but this would depend on some of the dates and other circumstances.

Barring a vacatur of judgment, you could contact (personally or through an...
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2 Answers | Asked in Consumer Law, Contracts and Real Estate Law for New York on
Q: Mortgage - Acknowledgement of Contribution - is he fully responsible now?

A few years ago my boyfriend’s parents were struggling financially and ended up modifying their mortgage loan (details unknown).

In this process, they asked my boyfriend to sign an acknowledgement of contribution stating that he lives there, is their son, and has been “contributing... Read more »

Carl Nelson
Carl Nelson
answered on Mar 20, 2023

Acknowledging a contribution for the purpose of a loan modification does not create personal liability on the existing note. The lender does sometimes ask for authorization to run a credit report of a contributor, and if he was living there the address should show as a residence. But since he is... Read more »

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3 Answers | Asked in Consumer Law and Real Estate Law for New York on
Q: I need a consumer protection lawyer in New York City. I am dealing with a mortgage company .

I had an offer for sale accepted at the end of August 2022, I paid 10% down and the loan officer stated that he would be able to help me with a loan. It was supposed to take place at the end of November 2022. The sponsor of the property, (seller) and the property management have been in touch with... Read more »

Peter J. Weinman
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answered on Mar 20, 2023

You do not need a consumer protection attorney; you need a real estate attorney because the fact that you're having direct contact with the seller makes me think you do not have an attorney representing you in your purchase. If you DO have an attorney representing you in the purchase, that... Read more »

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3 Answers | Asked in Consumer Law and Real Estate Law for New York on
Q: I need a consumer protection lawyer in New York City. I am dealing with a mortgage company .

I had an offer for sale accepted at the end of August 2022, I paid 10% down and the loan officer stated that he would be able to help me with a loan. It was supposed to take place at the end of November 2022. The sponsor of the property, (seller) and the property management have been in touch with... Read more »

Carl Nelson
Carl Nelson
answered on Mar 17, 2023

Real estate transactions in New York typically have attorneys on both sides (and one for the bank, and for co-ops, one for the co-op itself). You should contact an attorney to review the contract of sale (or if not yet entered into, to review the seller's draft) and deal with any issues... Read more »

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3 Answers | Asked in Arbitration / Mediation Law, Consumer Law and Collections for New York on
Q: filed motion to dismiss, there is a binding arbitration clause in contract. A hearing is scheduled. why is it needed?

with backed up dockets why does not the court simply rules on the motion? the other party has not bothered to oppose it. seems like a waste of time. Arbitration is the way to go and nobody waived it.

Joel Gary Selik
Joel Gary Selik
answered on Feb 24, 2023

There could be many reasons.

The Court may take the hearing off calendar prior to the hearing date.

There may be a requirement to file a notice of non- opposition.

The wrong type of motion may have been filed. The court may want to instruct the parties. The court’s...
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1 Answer | Asked in Consumer Law and Contracts for New York on
Q: If a consumer contract is signed by both parties but was not written to the letter of the law, is the contract valid?

My fiancé and I signed a contract in Suffolk County NY to get married at a venue. We subsequently cancelled due to our new date (previous date 2/28/21 during covid restrictions) being more expensive and we were unable to afford the increase. We signed both new date (5/20/22) contract and the... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Feb 7, 2023

Without looking at the contract, an attorney cannot advise as to your particular situation. Yet if the contract seeks to waive a consumer protection law, that clause of the contract may be void as contrary to public policy. Have an attorney take a look at the contract to inform you of your rights.... Read more »

3 Answers | Asked in Consumer Law, Small Claims and Business Law for New York on
Q: Can I sue a customer for not paying me full amount (oral agreement)?

I had an oral agreement with a customer to plant 10 trees in her yard and provide five special cares (once a month) after the 6 months planting for $20,000 so the whole process is 1 year and 1 month. I bought the tree at $600 each and materials for one treatment at $300. After 3 treatments (9... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Jan 22, 2023

You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, an oral agreement in many instances can also be valid (although never advisable). Not having a written agreement is going to be challenging to proof in court, unless you, e.g., have direct... Read more »

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3 Answers | Asked in Consumer Law, Business Law and Copyright for New York on
Q: If the customer saw the mistake and remained silent until the process is completed, am I still liable?

A customer asked me to plant ten trees in her yard. My worker planted the wrong kind of trees. The customer saw it after the third tree but remained silent. After planting all the trees, she demanded to get rid of the wrong trees and plant the right ones at a 25% discount. Another offer she had is... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 23, 2023

Ah…the case of the wrong trees. I saw your questions on Avvo. You will have to contact a lawyer to evaluate your rights. Depending on the application of the UCC and the terms of your written contract, if any, you may or may not have several options available to you.

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3 Answers | Asked in Consumer Law, Business Law and Copyright for New York on
Q: If the customer saw the mistake and remained silent until the process is completed, am I still liable?

A customer asked me to plant ten trees in her yard. My worker planted the wrong kind of trees. The customer saw it after the third tree but remained silent. After planting all the trees, she demanded to get rid of the wrong trees and plant the right ones at a 25% discount. Another offer she had is... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Jan 22, 2023

You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, the parties are bound by the terms of the agreement. If the customer wants to modify (renegotiate) the agreement it can be done only per the terms of the agreement and with the other... Read more »

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1 Answer | Asked in Consumer Law for New York on
Q: Being sued by NYS for outstanding medical debt from June 2019. Does this fall outside of the statue of limitations?

Not sure how long the statute of limitations is for this situation. Services rendered June 2019, served Dec 2022

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 3, 2023

The Civil Practice Law and Rules was amended in 2020 to reduce the statute of limitations on medical debts from 6 years to 3 years from treatment. You must properly draft and plead your defenses in your answer to the complaint or risk waiving them. There may be other defenses as well, which must... Read more »

2 Answers | Asked in Consumer Law, Contracts, Civil Litigation and International Law for New York on
Q: Can I sue a storage comapny for losing my items, lying about it, and still charging me monthly fees while they knew?

I've had items in storage w/ a company in Canada since the pandemic. I asked them to ship them to NY home & have asked for months. I asked for a quote on multiple occasions, they gave me one but I couldn't afford it then. With the most recent they sent me an email saying they were... Read more »

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Dec 23, 2022

The answer will depend on the terms of the agreement. Moving or Storage Companies usually place a cap in the amount of their liability in case the items are lost. The agreements usually require the customer to secure insurance to cover any damages in excess of this cap.

If the value of the...
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1 Answer | Asked in Consumer Law and Civil Litigation for New York on
Q: Which court in Brooklyn NY should I file a civil lawsuit against the credit bureau under the Fair Credit Reporting Act?

Case Information: The case should be brought under the US Code 1681(b) (I) & (n)

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 18, 2022

The first thing you need to understand before considering a lawsuit against the credit bureaus is the administrative law concept of “exhaustion of remedies.” This essentially means that your case would be dismissed for lack of standing for failure to complete all internal appeals that the... Read more »

1 Answer | Asked in Consumer Law, Construction Law and Contracts for New York on
Q: I signed a contract and paid a deposit with a contractor to replace the deck on my house.

The contractor did not perform any work and the completion date has since passed. The contractor is not returning my calls, text messages or email. It appears I have been scammed, how can I get my deposit back?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 11, 2022

You need counsel to investigate the contractor, to determine if he has any assets and where he keeps them, whether he is properly licensed, insured and bonded, etc. After investigation of his profile your attorney will develop and execute a collection strategy to recover your funds, if that seems... Read more »

1 Answer | Asked in Health Care Law, Consumer Law, Civil Litigation and Collections for New York on
Q: Hello - I got served with a summons and complaint for a medical bill that a hospital ended up suing me.

Hello - I got served with a summons and complaint for a medical bill that a hospital ended up suing me for not paying. I am not sure what the charge is for. I don’t know if I can call the hospital? Or the lawyers office that is suing me? I don’t know if the hospital sold my info to a... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 2, 2022

You need to demand verification of the debt, examine the accounting of the debt, and prepare and file your answer to the complaint, containing all of your defenses. Federal law also protects you from false or abusive medical debt collections under the FDCPA. By ignoring it, you risk a default... Read more »

3 Answers | Asked in Consumer Law and Landlord - Tenant for New York on
Q: Should I signed a commercial lease that my landlord sent me when I'm a residential tenant?

I lose my job in August and since I didn't have the money to paid the rent I apply for ERAP. I informed my landlady and she is ok with this but they still have not approved my application. Today I received a message from my landlady to please sign a lease she sent me via email. When I look at... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Nov 16, 2022

If you have an ERAP appliction pending, the landlord is stayed from taking any action to evict you until a determination on your application is issued. Commercial tenants are not entitled to file an ERAP application nor are they entitled to the related stay preventing eviction. It sounds like... Read more »

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1 Answer | Asked in Consumer Law and Contracts for New York on
Q: eHarmony is charging me a debt for not paying an automatic renewal.

eHarmony is charging me for an automatic renewal that I didn't pay. A collection agency contacted me recently about the debt and I am looking for ways around paying the debt.

I initially subscribed to eHarmony in August 2020 with a 2 year subscription and was recently notified of my... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

Sending them a legal letter with a request to discuss a resolution, demanding validation of the debt, along with other appropriate legal terminology might help get the situation moving. Consider retaining a professional attorney who can also assist you in challenging any inaccurate negative credit... Read more »

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