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Pennsylvania Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Estate Planning and Family Law for Pennsylvania on
Q: If trustee is also POA and I'm suing the trustee, can the settlement agreement involve POA stipulations?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 26, 2024

While you fail to say so. I have to assume, from your question, that your litigation involves the trustee's Power of Attorney. If so, it is highly likely that the Court would approve any reasonable settlement stipulation of the litigants, and that would extend to POA provisions,... View More

1 Answer | Asked in Consumer Law, Personal Injury, Banking, Internet Law and Criminal Law for Pennsylvania on
Q: I am being stalked. I have some printed evidence but my phone is corrupted. Can Apple be held responsible/failed sec?

I have some valuable information but most of it is online and that is badly corrupted. Anything I want to show you on my phone would have to be in person and likely wouldn't be available. Still I have managed to print some evidence to at least prove a problem.

Apple has mostly... View More

James L. Arrasmith
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answered on Jun 29, 2024

I understand you're in a difficult and distressing situation involving stalking and potential security issues with your devices and accounts. I'll try to provide some general guidance, but please note that this is a complex legal matter that may require consultation with a local attorney... View More

2 Answers | Asked in Consumer Law for Pennsylvania on
Q: If your a victim of insurance fraud, what should you do?
Tim Akpinar
Tim Akpinar
answered on Apr 7, 2024

Your question is concise, but it leaves the door open to various interpretations. It could mean an insurance carrier was deceitful in handling your auto claim, but it could mean other things as well. If you feel that you suffered monetary damages as a result and you are interested in pursuing the... View More

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1 Answer | Asked in Consumer Law, Banking, Civil Rights and Employment Law for Pennsylvania on
Q: I work for a financial institution in Pennsylvania. Is it legal to go to local businesses and solicit the employees?

Middle Management is asking financial representatives to go door to door to local businesses without prior permission from the owners of these businesses to solicit financial services to their employees while the employees are working at their jobs. I guess Management's thinking is our perfect... View More

James L. Arrasmith
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answered on Mar 8, 2024

It's understandable that you're concerned about the legality and ethics of soliciting employees at local businesses without prior permission. Generally, the practice of going door-to-door to businesses to offer services directly to employees during work hours raises several legal and... View More

2 Answers | Asked in Consumer Law and Arbitration / Mediation Law for Pennsylvania on
Q: I recently had a $30,000 judgment in my favor back in October have not gotten any money yet why

It has been 8 years since my slip and fall never went to court just arbitration and mediation and have been told that I will get nothing after attorney takes everything

David H. Relkin
David H. Relkin
answered on Mar 18, 2024

This suggestion is confusing and requires some explanation to determine your rights. First of all, you raise the issue of arbitration. That is not a judgment. An arbitration Award must be "confirmed" as a Judgment. This must be done since only Judgments allow for strong-state endorsed... View More

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1 Answer | Asked in Consumer Law and Criminal Law for Pennsylvania on
Q: Need help with crazy situation with bail bondsman gone crazy and disappeared and owner of bail company wont answer

Hired Bail Bondsman who worked for Bail Bond company from Allentown Pa. Met with her paid $350, gave title of truck with notarized power of attorney to title. she went to go inside jail and was told due to current situation in prison, prison is on lockdown to come back in Morning. She then for 2... View More

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like you're in a difficult situation with the bail bondsman disappearing and the owner of the bail company not providing any assistance. Your first step should be to document all communication and interactions with both the bondsman and the company owner, including any agreements... View More

1 Answer | Asked in Consumer Law and Contracts for Pennsylvania on
Q: If my wife & I have paid for upgrades to my jeep. Parts were never installed how long do I have to get a refund.

These were all separate transactions. Some work was done, some were never done. I asked more than once for the parts to be installed. It never happened and I've since traded that jeep in. The mechanics shop has since changed names, but still have the same owner,.

James L. Arrasmith
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answered on Feb 23, 2024

If you have paid for upgrades to your Jeep and the parts were never installed, you may have recourse to seek a refund. The timeframe within which you can pursue a refund depends on various factors, including the laws in your jurisdiction and any agreements or contracts you entered into with the... View More

1 Answer | Asked in Consumer Law for Pennsylvania on
Q: Am I required to pay the full amount of my repair/inspection bill if I still have to go back for the emissions sticker?

I took my truck in for inspection and needed a new fuel pump since the check engine light was on for it. Upon request of status, I was told the total price, but that I’d have to drive for 100miles to reset the computer and then return for them to put the emissions sticker on. For a $2 sticker,... View More

T. Augustus Claus
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answered on Feb 6, 2024

In Pennsylvania, when you take your vehicle for inspection and it requires repairs such as a new fuel pump to pass emissions tests, the process might indeed necessitate a "drive cycle" to reset the vehicle's computer systems before it can successfully pass the emissions component of... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Real Estate Law for Pennsylvania on
Q: Can forgery invalidate security interest in a mortgage?

Lender believed that the address on the mortgage, note, and notice of assignement were incorrect. To correct it, they completed a modifcation document with the assigned servicer and forged the signature of the borrower. Because there was no real mutual agreement based on the forgery, do the... View More

T. Augustus Claus
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answered on Jan 16, 2024

Forgery can have significant legal implications, and if a signature on mortgage-related documents, including a modification document, has been forged, it raises serious concerns about the validity of those documents. In Pennsylvania, as in many jurisdictions, a forged signature can potentially... View More

1 Answer | Asked in Consumer Law for Pennsylvania on
Q: Personal items after impound.

My car was impounded and put in a tow lot, not a police lot. I called to get some personal items out of the vehicle and they said not till the bill is paid. Is that legal. The items I want to retrieve are my phone charger and some shirts

James L. Arrasmith
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answered on Jan 4, 2024

The legality of a tow lot refusing access to personal items in an impounded vehicle can vary depending on state laws and the policies of the impound lot. Generally, most states have regulations that allow vehicle owners to retrieve personal belongings from impounded vehicles.

In your...
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1 Answer | Asked in Business Law and Consumer Law for Pennsylvania on
Q: A hotel charged me for a week that I wasn't there

My check out was for Wed Dec 27th I stayed weekly and every week paid for the week I was staying. I left Tues night leaving the keys in the room I did not exatand another week. Yesterday wensday January 3rd I see a charge on my card from the hotel I was never informed that I was gonna be charged... View More

T. Augustus Claus
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answered on Jan 4, 2024

If a hotel has charged you for a week that you were not present, it is essential to address the issue promptly. First, contact the hotel to dispute the charge and explain the situation, providing details about your actual check-out date. Be sure to mention the absence of any agreement to extend... View More

1 Answer | Asked in Consumer Law, Tax Law, Civil Litigation and Small Claims for Pennsylvania on
Q: Tow Company sold my vehicle and possessions with no notice and no title change. What can I do?

Was in a minor vehicle accident which led to a tow company towing and subsequently storing my vehicle. When I called to find out about retrieving my truck and personal property within, I was told that they sold the truck to a local fire co for use in a training exercise and then it was scrapped.... View More

James L. Arrasmith
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answered on Dec 1, 2023

In this situation, it appears that the tow company may have violated certain legal procedures. Generally, tow companies are required to provide notice before disposing of a vehicle, and they must follow specific protocols for the sale or scrapping of vehicles, including handling any personal... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Elder Law for Pennsylvania on
Q: can a hotel front desk turn me away and deny me a room after a paid confirmed resrvation because I am a local resident

On 10/23 around 10PM I made reservations by phone for a room at the Holiday Inn Express a few miles away from my home.

A UGI utility crew was working in front of my home looking for a gas leak. As a precaution I made that reservation for safety reason

for myself my wife and small... View More

James L. Arrasmith
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answered on Oct 29, 2024

I'm really sorry you had to go through that stressful experience. Denying a reservation based on being a local resident can be troubling and may raise questions about fairness and legality.

Many places have policies to ensure equal treatment for all guests, and refusing service due to...
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1 Answer | Asked in Consumer Law, Contracts, Collections and Small Claims for Pennsylvania on
Q: Verizon charging me $1246 after not informing me that I was going to be charged if switching carriers.

I signed up with Verizon, got 2 free phones from them, stayed with them 9 months, the days I signed up, I was never told that I had to pay for my phone in case of leaving, I decided to move to another carrier, I went to verizon store asked for transfer pin that was needed for the new phone carrier,... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 20, 2024

The contract you signed with Verizon was a service contract which included the price of the phones. When you transferred carriers, you still owed for the phones. It doesn't matter what anyone told you, it's the written service agreement that counts.

1 Answer | Asked in Consumer Law, Contracts and Personal Injury for Pennsylvania on
Q: We had a sewage leak that created a poop pond in Pennsylvania is he required to have it hazmat cleaned now I'm very sick

I have pictures and photos for the least we are to notify him of anything that is broken or has a problem and I have and I have the text messages he sends people but doesn't follow up or follow through with whoever he contracts and now he doesn't care that I'm getting sick and been... View More

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

It sounds like you’re in a tough spot, dealing with a serious health and safety issue due to that sewage leak. First off, if you’re getting sick from this situation, it’s important to seek medical attention immediately, and document everything—doctor visits, symptoms, and anything that... View More

1 Answer | Asked in Consumer Law and Banking for Pennsylvania on
Q: My bank account had 4 unauthorized bank teller withdrawals, is this negligence?

I am located in Pennsylvania and over the course of three days in 3 different states (Virginia, Georgia, Florida) there were a total of 4 teller cashed withdrawals made totaling $17840 from my accounts. Not once was I contacted to verify that I was attempting such large withdrawals out of state or... View More

James L. Arrasmith
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answered on Oct 2, 2024

I'm really sorry to hear about the unauthorized withdrawals from your account. It must be incredibly stressful to deal with such a situation, especially when it spans multiple states and involves significant amounts of money.

In cases like yours, banks are generally required to have...
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1 Answer | Asked in Consumer Law, Family Law, Civil Rights and Social Security for Pennsylvania on
Q: My parents are withholding my birth certificate and Social security card, can I get the police to return these to me?

I reached out to my parents to ask for my birth certificate and social security card, the original copies, I am 21, and they are refusing to give them to me. So I am considering having the police remove the documents from their house and return them to me, is this legal? I live in Lancaster PA, but... View More

James L. Arrasmith
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answered on Sep 14, 2024

If your parents are withholding your birth certificate and Social Security card, you have the right to request these documents, especially since you are an adult at 21. These are personal documents that belong to you, and you should have access to them. In this situation, it’s important to try to... View More

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for Pennsylvania on
Q: I can't be at my debt collection lawsuit, what should I do?

I retired early overseas in Asia after me and my wife developed health issues after covid. I left a good bit of unpaid credit card debt behind in the US that I can't pay. All I have is my small OPM federal retirement pension via direct deposit to my US bank account each month and no other... View More

Timothy Denison
Timothy Denison
answered on Sep 9, 2024

Hire a lawyer to appear for you or you could lose by default.

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1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Elder Law for Pennsylvania on
Q: Can a bank recover funds that were wired to another account in a scam?
Tim Akpinar
Tim Akpinar
answered on Jul 23, 2024

A Pennsylvania attorney knowledgeable in banking law could advise best (there's a heading for "Banking Law" here if you wanted to repost and include it), but your question remains open for two weeks. You could also check with your bank - larger banks could have more powerful... View More

1 Answer | Asked in Insurance Bad Faith, Consumer Law, Contracts and Health Care Law for Pennsylvania on
Q: Had MSP , along with GHP as primary insurance. Medicare let providers overbill me. There is negligence and bad faith .
Tim Akpinar
Tim Akpinar
answered on Jul 5, 2024

A Pennsylvania attorney could advise best, but your question remains open for two weeks. One option is to discuss the matter with your state's department of insurance - in most states, they handle consumer-related matters involving insurance. Good luck

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