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New York Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Small Claims for New York on
Q: Family promised to continue 1/2 rate for childcare until return to work, still owe 1650.00 arrears won’t pay me..

I’ve been with family 2 yrs in March they decide that to keep me and not loose me they will pay me 220.00 per week until they go back to work ... they are now 1650.00 in arrears and since going back to work an additional 330.00...from 6 weeks ago ... I need the money owed how do I get it???

Michael David Siegel
Michael David Siegel answered on Sep 15, 2020

Call the New York state Department of Labor and file a claim.

1 Answer | Asked in Collections, Small Claims and Consumer Law for New York on
Q: A collection agency working without a license.

I contacted a collection agency to collect my debt, I sent the account. But I never signed the contract they sent me. They went on with the case even though I didn't sign anything. They collected some money and now they are threatening me that if I don't accept the money I'm... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 11, 2020

What is the question? What do you want to accomplish?

1 Answer | Asked in Consumer Law for New York on
Q: Can I sue??

I had bought a few pricy items, everything was going fine until I hadn't received my package only to find out through their customer service they are refusing to send the package. I emailed asking why, (im assuming) they seen the profile picture of my gmail and replied to me saying they... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 9, 2020

It's possible you could sue. You could look into either small claims or courts of higher jurisdiction, depending on the cost of the items. Check to see if they have a mandatory arbitration process in lieu of suing in court. It could be unlawful for businesses to discriminate. But aside from... Read more »

2 Answers | Asked in Consumer Law and Products Liability for New York on
Q: Is it legal to sell items like old paint or insect killer spray, which may contain toxic compounds, at a garage sale?
Tim Akpinar
Tim Akpinar answered on Sep 3, 2020

It's difficult to say where you'd find information on that. If you have labels or material safety data sheets, they could provide information on disposal, but not sales. In terms of sales, it would be be advisable to check if they contain constituents that ban them from sales or usage.... Read more »

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1 Answer | Asked in Business Law, Consumer Law and Contracts for New York on
Q: Is there a law that protects the consumer from being forced into buying a warranty on a used car?

I did not want to purchase the warranty but without it I was not going to be allowed to purchase the vehicle. I requested written information regarding the warranty but nobody at the dealership was able to provide me with that, all they could do was tell me that it was mandatory and would be valid... Read more »

Gary Lane
Gary Lane answered on Sep 2, 2020

That is very clearly fraudly and extortion. You should immediately report it to the Attorney General's Consumer Fraud and/or Extortion Units! Criminal.

2 Answers | Asked in Business Law and Consumer Law for New York on
Q: Am i obligated to pay for my daughters dance classes through covid? They were closed. Offering online class.

They offered online classes but my daughter decided she no longer wanted to go. So we didn't attend the classes.

Michael David Siegel
Michael David Siegel answered on Aug 27, 2020

It depends on your contract. If you did not pay, I cannot see them suing you.

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3 Answers | Asked in Bankruptcy, Consumer Law and Identity Theft for New York on
Q: Master Promissory Note on file with FSA for Student Loans never signed and is completely blan: Can i discharge the debt?

The Master Promissory note on file with Federal Student Aid is completely blank. There's no information about me in any regard, not even my name. Am I legally responsible for this debt or can It be discharged/forgiven?

The Federal Student Aid website has all the federal loan... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 21, 2020

Did you get a loan? Have you paid this loan? How are you liable if your name is not in the database?

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1 Answer | Asked in Consumer Law and Products Liability for New York on
Q: My new product includes anime/cartoon characters

My new product includes anime/cartoon characters

I’m a small business owner and my new product is a phone case, I will be decorating a phone case with dead’s and stones along with an anime figurines (like sailor moon, power puff girls). I’m going to buy and collect these figurines... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 7, 2020

You may want to repost your question in the Trademark and Copyright sections. There's no guarantee that all questions are picked up, but it would have better chances of being seen there. Products Liability is more about injuries from defective products. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law and Real Estate Law for New York on
Q: I live in Waterford, NY and our lease is about up and don't auto renew. Can he make us leave?

The reason it don't auto-renew is that he emailed me stating that he was not renewing it about 2 months ago. It was a 90 day notice via email. Not in writing. He want's to move in our apartment on September 1st and we can't find a like place around here. My wife is on unemployment... Read more »

Elaine Shay
Elaine Shay answered on Aug 3, 2020

Unless you are protected by a lease or rent regulation, a landlord does not have to renew your lease. However, if you do not voluntarily surrender possession, the landlord must start a court case and obtain a judgment before you can be evicted. If you are current on your rent payments, the Court... Read more »

3 Answers | Asked in Consumer Law, Criminal Law and Personal Injury for New York on
Q: Is it illegal to recorded a telephone conversation without the other party involved consent or known in NYC?
Michael H. Joseph
Michael H. Joseph answered on Aug 1, 2020

No, New York is a one party consent state. So as long as one party knows it is fine.

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1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for New York on
Q: Car repossessed. Possible lemon law issue.

My Wife had our car at a mechanic shop. The seller of the car tried to take the car from their property. The mechanic shop said stay off their property. The seller went back late at night and took the car. We stopped paying for the car because we found out that the car couldn’t pass inspection.... Read more »

Jonathan David Warner
Jonathan David Warner answered on Jul 16, 2020

Part of a Lemon Law claim is owning the car, which means continuing to pay for it. If you seek to file a Lemon Law claim, you'll need to catch up on your car payments before you can get it back.

You might want to contact an attorney who focuses on Lemon Law to help you sort this issue...
Read more »

1 Answer | Asked in Consumer Law for New York on
Q: In New York State, is is legal to sell antique medicine bottles if they still have the contents in them?

I going through my parent's estate, I found 2 fairly large bottles of old-time quack medicines. One listed ingredients as strychnine. Both bottles had significant quantities still remaining in them. I know pharmacies won't take prescription containers if the medicine is still in them.

Tim Akpinar
Tim Akpinar answered on Jun 29, 2020

It's hard to say what type of attorney is closest to your issues, because it could introduce a number of issues, in terms of controlled substances (medicines that might not have been controlled at the time of production), poisonous substances (strychnine is a poison - a toxicologist could... Read more »

1 Answer | Asked in Consumer Law, Small Claims and Copyright for New York on
Q: Is "Ain't nobody got time" protected? If I made mugs that had this written on them could I be fined? Sued?

Correction ..."Ain't nobody got time for that"

John B. Hudak
John B. Hudak answered on Jun 12, 2020

Confirming the risk free use of a trademark can take some time and resources for searching—and analysis of what is found.

Trademark rights are obtained when a mark is used to identify the source of goods/services. A trademark search should determine if someone else is using a trademark...
Read more »

1 Answer | Asked in Consumer Law and Civil Litigation for New York on
Q: In the USA (specifically, NY and/or CA), what is the procedure to access court records to research caselaw?

In the USA (specifically, NY and/or CA), what is the procedure to access court records to research caselaw?

Can anyone directly see any court records on the court websites, or is there a different type of procedure to request documents? Do you need some type of credentials to view... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 7, 2020

There isn't really a formal procedure. A California attorney could advise about the systems used there. In New York, you could access decisions on the website of the Unified Court System. Additionally, there are databases such as PACER where you can find cases. About your other questions, yes,... Read more »

1 Answer | Asked in Consumer Law for New York on
Q: How much would it cost for you to send a letter to Apple to restore my iPhone settings. I am a senior and disable

. That incident happened the previous week when I didn't have internet service outside. I since got that fixed without buying a new phone.

I called again a week later because the Home Button was stuck.

The manager said he needs to take control of my computer to help me... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 3, 2020

This isn't a law firm where you could request a bid for a letter to be written. What you describe sounds like it might be resolved more easily with trying to work with their tech support, either on your own, or maybe through a tech-savvy family member or friend. The tech support operations of... Read more »

1 Answer | Asked in Consumer Law for New York on
Q: I was denied entry into a store for not wearing a mask. Legal Issue?

I was denied entry into a store for not wearing a mask. I do not wear a mask due to it giving me anxiety. I am wondering if I would be covered under Americans Disability Act and if there are any legal steps I can take towards this. Thank you.

Tim Akpinar
Tim Akpinar answered on Jun 3, 2020

There are attorneys who specialize their practice in ADA matters. There is not a section dedicated to ADA attorneys here, but they can be found on the Internet. As with disabilities in general, an attorney you consult with would likely want to know if medical documentation is available. Good luck... Read more »

1 Answer | Asked in Consumer Law for New York on
Q: If a deli sold me counterfeit tobacco smoking products willingly , can I sue ?
George E. Patsis
George E. Patsis answered on May 30, 2020

Yes, you can sue. Depending on the value of the items it may not be worth your time and would likely be a losing proposition.

2 Answers | Asked in Consumer Law and Internet Law for New York on
Q: User data

I own a .com cosmetics website where users leave their personal information including age range, skin tone and skin concerns (acne, eczema etc) and they have an option to show or hide this information on their public profile. Giving them an option to hide this information is enough not to violate... Read more »

George E. Patsis
George E. Patsis answered on May 30, 2020

Privacy laws are complex, you should consult with an attorney specializing in this area. You will also need an attorney to draft the website terms and conditions.

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2 Answers | Asked in Consumer Law and Small Claims for New York on
Q: I took my vechicle to an express lube place to have my oil changed and the guy put too much oil in.

It end up destroying my engine. I was taking the owner to small claims court and he wanted to go through his insurance company to settle out of court and I accepted his offer. I gave him all the receipts and documentation to file the claim. A few months went by and I haven't had any word from... Read more »

Michael David Siegel
Michael David Siegel answered on May 27, 2020

Just go to court and get a judgment and collect it.

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2 Answers | Asked in Consumer Law, Criminal Law, Foreclosure and Real Estate Law for New York on
Q: What type of attorney specializes/handles mortgage loan modification fraud?

Homeowner lost her job and couldnt pay mortgage for a few months. A servicer suggested that a mortgage modification is available if payments are made. The homeowner made the payments to the servicer, but the modification never occurred and now is at risk for foreclosure.

Derek John Soltis
Derek John Soltis answered on May 27, 2020

Have you appealed the decision? When did you apply? What is your current interest rate?

There are a lot of factors that go into a loan modification. Just because you didn't qualify 6 months ago, doesn't mean you won't qualify now.

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