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Ohio Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Criminal Law, Banking and Federal Crimes for Ohio on
Q: Am I in a legal obligation to give the money back

The other day I went and made a withdrawal from Checksmart and the woman who did my transaction gave me $675 and then gave me a receipt with my transaction my old amount my transaction amount and my new balance. After that she gave me the $675 in cash and when I got home she called me and told me... Read more »

Andrew Popp
Andrew Popp answered on Aug 31, 2021

Yes, you have an obligation to return the money.

1 Answer | Asked in Consumer Law, Contracts and Collections for Ohio on
Q: Stop payment on plumbing service

Our basement flooded and we received an estimate for work. We signed the estimate and we’re told it was “no problem” if we changed our mind. We told the company we were getting other estimates and to stop all work. They did an hour of work. We received other estimates that were 75% LESS than... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Aug 26, 2021

Many credit card companies provide you with an option to dispute any charge on your card.

As soon as you dispute the matter, the credit card company with "chargeback" the amount from the Plumbing Company. The credit card company will then attempt to resolve the issue and...
Read more »

1 Answer | Asked in Consumer Law and Lemon Law for Ohio on
Q: How do I know when it's time to get a lawyer related to a consumer issue? Bad flooring, now on second repair.

Company sometimes doesn't answer their phone. I want my entire floor replaced. I'm tired of having repairs.

Matthew Williams
Matthew Williams answered on Aug 13, 2021

It sounds like it probably is time to contact a lawyer right now.

2 Answers | Asked in Consumer Law, Contracts, Products Liability and Banking for Ohio on
Q: Can a contract clause absolutely eliminate or waive a citizen's right to a trial by jury?

I have noticed this clause in many end user agreements such as computer and phone software, product and service warranty terms, various financial applications, etc. It is always one-sided (written by the provider) and directed at the buyer. Sometimes these terms include mandatory use of a (or... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 2, 2021

Right to a jury applies to criminal matters, not civil cases like business contracts. Rights to a jury in civil cases depend on state law, and can usually be waived as a matter of contract. That's why those waivers appear in so many business contracts.

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1 Answer | Asked in Consumer Law for Ohio on
Q: Can a car dealership keep your down-payment. After a loan has been canceled ..not a repossession but a cancelation..

The dealer has the car ..loan has been canceled by lender..but no refund of downpaynt

Matthew Williams
Matthew Williams answered on Jul 27, 2021

You would need to read the contract to see whether or not the down payments is refundable.

1 Answer | Asked in Consumer Law for Ohio on
Q: If my vehicle was broken into at an auto repair shop are they responsible for the stolen property?

There was about $750 worth of items stolen out of the vehicle while it was in their possession. They did not lock the vehicle

Hunter G. Cavell
Hunter G. Cavell answered on Jul 17, 2021

I would demand that the repair shop reimburse you, or make a claim on its insurance. They may have a garagekeepers provision for this. The other option is to notify your insurance, and they may reimburse you and seek subrogation. Contact an attorney to talk about drafting a demand letter or... Read more »

1 Answer | Asked in Construction Law, Consumer Law and Small Claims for Ohio on
Q: I use Ogx by Johnson and Johnson. I seen the law suit,How do we go about joining law suit

I have been using this product for multiple years and have had significant hair loss

Andrew Popp
Andrew Popp answered on Jul 9, 2021

I suggest contacting the law firm(s) who filed the class action so they can make sure you are included. From the Pleadings, I see the firms are:

1. Shub Law Firm in Haddonfield, NJ

2. Sciolla Law Firm in Philadelphia, PA

3. Whitfield Bryson in Raliegh, NC.

For...
Read more »

1 Answer | Asked in Consumer Law and Landlord - Tenant for Ohio on
Q: Can a landlord legally do this and what is my course of action if any?

I recently signed a lease for an apartment and parking spots, a couple weeks after I signed and just two weeks before we move, we get an email from our new leasing office. The email states that the apartment we looked at won't be available on the move in date and they offer us an upgraded... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 7, 2021

You could sue landlord for breach of contract for a court to decide if what landlord did was a breach of contract.

1 Answer | Asked in Consumer Law and Collections for Ohio on
Q: A business is charging me for services I never asked for or scheduled with them. What can I do?

A well chlorination company cleaned the well of a house I'm in the process of buying and when I told them a week later that it didn't pass the county's water test they went back out to the house to re-chlorinate without my consent or scheduling anything with me and are charging me... Read more »

Mark Martin Turner
Mark Martin Turner answered on Jun 30, 2021

A few things here. First, was the original service (which I assume you requested) warranted to pass the inspection, or should they have known that was what you needed, if you answer yes to either then the company breached its warranty to you in the initial service. The second service should not... Read more »

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Ohio on
Q: Under what circumstances can I successfully sue for my deposit back from a contractor who "tried" but failed to perform?

A contractor I hired to fix my leaking roof took half down from me but the roof still leaks. He warranted the work for 20 years although the project isn't "done", but at this point I am not sure he is competent to fix it. To fix it he will have to basically start over, and I think... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 15, 2021

If the roof leaks, then the job has not been done properly or is not complete. Talk to the contractor about it. If you intend to terminate him for breach of contract and sue him, you have to give him notice. Even if you succeed in court and get a judgment against him, it might be difficult to... Read more »

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for Ohio on
Q: Can an unlicensed contractor.demand payment for sub standard work.he did nothing legal to perform according to the law

He tricked us into thinking he was licensed and knew what he was doing.he didn't and now he wants 35000.00 when we did not agree to that

Matthew Williams
Matthew Williams answered on Jun 11, 2021

Anyone can demand anything. You can refuse to pay him. He could then sue you, and you could defend the lawsuit and counterclaim for fraud.

1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Ohio on
Q: Is it to late to file exemption once the garnishment stops

Sorry I meant start? Also I gave all my income information to the creditors lawyer and they were suppose to call me back to agree on a payment plan and never got back with me once they received my income they just went forward with the garnishment.

Timothy Denison
Timothy Denison answered on Jun 10, 2021

Yes.

1 Answer | Asked in Consumer Law for Ohio on
Q: Is it legal for a police station in the state of Ohio to create a policy to NOT accept change as a payment.

A police station in my city has created a policy where they now no longer accept change as a valid payment. I was wondering if this is legal or not

Matthew Williams
Matthew Williams answered on Jun 7, 2021

Court's have generally upheld these sorts of rules regarding reasonable restrictions on when, where, and how payments can be made. You can take your change to the bank and trade it in for bills.

1 Answer | Asked in Consumer Law and Construction Law for Ohio on
Q: I have paid a contractor 14000.00 to put up a vinyl fence. They did not cement the pillars in the ground and my fence

Is not stable. Plus it's not straight and the gate does not lock cause the hasp and locking piece dont line up. Tried to get him back to look at it and he never shows

Bruce Martin Broyles
Bruce Martin Broyles answered on May 20, 2021

When the contract was written did the contractor give you a written notice of your right to cancel the contract within 3 days. If the contractor does not have a storefront or a building where you can view his work, then he is subject to the Home Solicitation Sales Act. Without a three day notice,... Read more »

1 Answer | Asked in Consumer Law for Ohio on
Q: Bought a used vehicle as is. Heat doesn't work. Never disclosed. On them to fix?
Matthew Williams
Matthew Williams answered on May 10, 2021

When you purchase a car "as is" and they follow the rules for telling you that, they have no duty to disclose or fix anything.

1 Answer | Asked in Consumer Law for Ohio on
Q: Can someone explain what criteria are need to prove auto dealer fraud
Matthew Williams
Matthew Williams answered on May 10, 2021

Fraud occurs when one party to a transaction makes a material misrepresentation--a lie about something important to the transaction--either with knowledge that the misrepresentation is false, or with reckless disregard to whether or not it is true, or makes a material omission when the party has a... Read more »

2 Answers | Asked in Consumer Law for Ohio on
Q: Are you familiar with the term express warranty
Matthew Williams
Matthew Williams answered on May 10, 2021

Yes, an express warranty is what most people think of as a warranty, one that is promised by a seller usually in writing. An implied warranty is a bit different. It is one that is implied by the law, in other words, one that is essentially required by law and therefore present whether there is a... Read more »

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1 Answer | Asked in Consumer Law, Business Law and Small Claims for Ohio on
Q: I am so livid I am shaking!!!

Is this a case or am I just petty?

I am so livid I am shaking!!!

Andrew Popp
Andrew Popp answered on Apr 28, 2021

I'm sorry, no question is asked here. To determine if you have a viable case I recommend sitting down with an attorney who practices in the area of concern.

Best of luck.

1 Answer | Asked in Consumer Law and Products Liability for Ohio on
Q: I am going to resell frozen cheese sticks that I bought on amazon. Are there any things I could get in trouble for?

I contacted the seller and they said I am allowed to resell them and I will put a warning label on the package stating that there is dry ice inside but should there be any other things I should be concerned about legally? I don want to be sued or get in trouble so could you state some precautions... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 6, 2021

If there is a problem you can bet people will look at you. Check with your state health department/department of agriculture. You may be required to have certain licenses and refridgeration if you are going to sell frozen food products, particularly meats.

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: Contract law

On July 20, 2020 I signed a contract for windows for my home (around $7,000). On 9/10 I got an e-mail telling me the windows would be ready 10/29. It is now 2/26/21 and they tell me they will install on 3/29. On 2/11/21 I sent them an e-mail stating that as a commission salesperson the bottom... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 26, 2021

A lawyer would have to review the actual contract terms to determine if you have a right to cancel, whether their delay was a breach of contract or if the virus lockdown excuses the delay, or whether they failed to comply with all the required consumer protection notices and right of cancellation... Read more »

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