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Pennsylvania Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Pennsylvania on
Q: If I receive the wrong product in during a shipment am I required to send it back to get a different one?

It's been a real hassle trying to get everything sorted out. I've called about ten different lines and multiple websites. I just don't feel like I've been treated fairly throughout. I paid extra for next day shipping and it's been 4 days. I want to keep both but not if it will fall on me legally

Tim Akpinar
Tim Akpinar answered on Aug 14, 2020

A Pennsylvania attorney could advise best, but your question remains open for four weeks. As a general matter, yes, the customer does not usually get to keep two products while paying for one. No one could predict what a retailer would do, but if the product is something of value, there is a... Read more »

1 Answer | Asked in Consumer Law, Products Liability and Small Claims for Pennsylvania on
Q: If I have a defective product resulting into a damage to my car by fire. Can I sue?

It was a product I got from harbor freight to stop welding spark and it failed by a hole being burnt through the blanket and catching the car on fire

Tim Akpinar
Tim Akpinar answered on Jun 29, 2020

A Pennsylvania attorney could advise best, but your post remains open for two weeks. It sounds like you're talking about a welding blanket. You could contact a Pennsylvania attorney to discuss - it would take investigation and possibly trial to make the determination of defectiveness. It could... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law, Construction Law and Energy, Oil and Gas for Pennsylvania on
Q: How do I find an electrician's insurance information? He is registered in Pennsylvania.

(He will not provide the details himself).

Elizabeth Tarasi
Elizabeth Tarasi answered on Jun 23, 2020

You can also make a claim under your homeowners policy. They will investigate the electrician if it’s covered under your policy.

1 Answer | Asked in Civil Rights, Constitutional Law and Consumer Law for Pennsylvania on
Q: My job cancelled us from calling out.. They are telling people if they call out they will use disciplinary actions

When the employe began to call and She stated she had upset stomach and diarrhea they told the employee come to work. They wrote her as a know call no show on a sign in sheet for a rule they decide to make up today even though she gave more then 4 hour notice, They're saying this due to the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 17, 2020

Several things going on--possible health code violations, things the Joint Committee on the Acreditation of Hospitals would want to know about, as well as the State Health Department or other agencies that regulate that establishment. A person who is sanctioned for calling out sick because they... Read more »

1 Answer | Asked in Business Law, Consumer Law, Contracts and Collections for Pennsylvania on
Q: I have a small automotive repair shop in Pennsylvania. Sometimes, customers refuse to pay. What can I do?

Occasionally, there are customers who agree to have the work performed and the price, even with the understanding that payment is due upon pickup of the vehicle, who then do not pay. I am not aware of any law in Pennsylvania that allows a mechanic lien to hold the vehicle until payment is... Read more »

Cary B. Hall
Cary B. Hall answered on Feb 24, 2020

You absolutely can keep the car until you receive full payment for the repair services performed -- so long as the owner actually requested that the services be performed. Pennsylvania common law grants you an "artisan's lien" on property that you've made more valuable as a... Read more »

1 Answer | Asked in Contracts and Consumer Law for Pennsylvania on
Q: How should I go about retrieving money from a contractor who is ignoring calls and not finishing a job?

I went with a contractor who started work but moved slow. Kept giving us days and times that he would he back to finish but wouldn't show up. Missed the times. This went on for about a week. Now hes not returning any calls or messages and the job still is less than half finished.

Nancy L Lanard
Nancy L Lanard answered on Feb 23, 2020

PA has a Consumer Home Improvement Contractor's Act that helps to protect you. You can file a complaint with the Attorney General's office regarding this particular contractor. I would suggest starting with a letter to the contractor indicating that you were prepared to file a complaint... Read more »

1 Answer | Asked in Consumer Law and Contracts for Pennsylvania on
Q: If a company purchases an existing contract with a consumer, obligated to honor the contract?

Mom was living in Lancaster county, Pa when she purchased a Cremation Services package for 1300.00 in 1993. Mom now lives with me in Blair County, PA. I called the number on her card and apparently the old company sold the contract and the new company states that there was only $241.00 in the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

I think it would be read as being limited to the county though you can make the argument they should take care of it. Otherwise people who moved could say "pick up my decedent in Florida."

1 Answer | Asked in Consumer Law, Real Estate Law and Land Use & Zoning for Pennsylvania on
Q: We recently purchased a new home. We asked our neighbors about installing a fence on the property line and ....

They all gave us the go ahead. We checked the Lebanon County, PA rules and there were none. We had a company come out and start to install our fence (vinyl 6ft high) to be served with a cease and desist from developers who sold the land to the builder. The builder didn’t disclose the deed... Read more »

Mark Scoblionko
Mark Scoblionko answered on Jan 18, 2020

This, among other reasons, is why people should have lawyers when they buy houses. A competent lawyer would have asked the title company for copies of the restrictions, and you would have then known what they were. However, you may have a legitimate beef with your title company for not providing... Read more »

1 Answer | Asked in Consumer Law, Health Care Law, Insurance Bad Faith and Insurance Defense for Pennsylvania on
Q: Is there anything I can do to at least reduce the bill?

My insurance dropped me because I “make too much money” but I never received the notice they said the mailed me. So I had gone to the ER and now I have a $4000 hospital bill. The insurance company said I can’t file a complaint because I am no longer insured under them and the insurance... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Jan 1, 2020

The hospital should have a process where you can apply to have the bill reduced. Call the hospitals billing department

1 Answer | Asked in Consumer Law for Pennsylvania on
Q: I accidentally ran across a video on YouTube that may have caused me mental distress. Can I take action against Google?

.

Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

Unlikely from the facts that you give. You let your fingers do the walking. Google didn't make them. I don't see it but ask some attorneys--note that emotional distress claims are highly technical, and not favored.

1 Answer | Asked in Consumer Law for Pennsylvania on
Q: What can I do if I took a possession of a car in PA and didn't realize until morning that the interior color was wrong?

Full story, I went to the Toyota dealer with my sights set on a Toyota C-HR limited model. The dealer did not have one available so I test drove the XLE, which is one grade below the limited but the same engine. The salesman tried to sell me on the XLE but I told him no way. I wanted the navigation... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2019

Try to unwind it. If they won't contact Toyota USA --you want a Toyota, just not that one. However, as you had a chance to sit in it etc. you may be stuck as you could have walked but didn't, had a chance to look at it but didn't get in a good light.

1 Answer | Asked in Consumer Law, Contracts, Business Law and Collections for Pennsylvania on
Q: Help!

My electric bill has been unusually high, so I called them. They informed me I had a 3rd party supplier on my bill I was unaware of. I called said 3rd party and they informed me that I had added them to my account last summer. Going through the details it came across that my sister had given them... Read more »

Adam Savett
Adam Savett answered on Aug 30, 2019

I would suggest you file a complaint with the Pennsylvania Public Utility Commission.

Here is a link to resources on the process and directions on how to file a complaint:

http://www.puc.state.pa.us/filing_resources/filing_complaints.aspx

Note that the PUC specifically...
Read more »

1 Answer | Asked in Consumer Law for Pennsylvania on
Q: Purchased a car five years, brand new. Multiple problems. Dealership fixed all. But enough is enough. Can I do anything?

I contacted the manufacturer and received the typical apology from customer service.

Peter N. Munsing
Peter N. Munsing answered on Jul 29, 2019

Contact one of the attorneys who handles "lemon law " cases. This long into it, likely nothing,but they give free consults so why not ask?

1 Answer | Asked in Consumer Law, Contracts and Products Liability for Pennsylvania on
Q: Credit application sign jointly, company refiled it seperately without our consent. Are they liable for anything?

We signed a contract with a window company. We filled out the credit application jointly (my husband and I). It was denied and the window company reapplied seperately to different companies to get us the financing. They did not check with us regarding this and it has now hit out credit report as... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 19, 2019

Sorry to inform you but "hitting your credit rating twice" is not actionable at law because you cannot prove any damages. At best you can complain about the creditor to the credit reporting agency--who probably has a file on this same window company.

P.S. The credit application...
Read more »

1 Answer | Asked in Consumer Law for Pennsylvania on
Q: Took my laptop to a local repair shop. Did not hear from them for several weeks. Shop closed. What are my rights to get

my laptop back? Tried to contact them via social media with no success. How do I proceed?

Peter N. Munsing
Peter N. Munsing answered on Apr 19, 2019

File a complaint with the police; if they won't take it check with the township to see who owned the business license, sue those people in small claims. Ask the landlord who takes the property for your machine.

11 Answers | Asked in Consumer Law for Pennsylvania on
Q: I would like to start a class action lawsuit against these same defendants for a different cause of action. Can someone
Peter N. Munsing
Peter N. Munsing answered on Apr 19, 2019

Not seeing a question. If you want to file a class action you have to be aware that they are highly technical and not something to do yourself. If your action was covered in the first action you have to continue under that unless you have "opted out."

If you have an entirely...
Read more »

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1 Answer | Asked in Consumer Law and Animal / Dog Law for Pennsylvania on
Q: Hello I purchased a purebred chihuahua puppy breeder now put in shelter and shelter won’t give back anything I can do

3 puppies where sold to families money was taken now there dogs are in the shelter and the shelter won’t let them come get them or adopt them do they have any legal grounds to fight the shelter the puppies where $1,000s of dollars they’re pure bred chihuahua puppies I have proof of purchase and... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 18, 2019

Ask to meet with the shelter manager and find out why. If they don't satisfy you ask the police if you can file a complaint with them for not giving you your property. Maybe call the state ASPCA first to get an idea of the law regarding shelters.

1 Answer | Asked in Consumer Law for Pennsylvania on
Q: I received a letter for a deposition for an aid of execution for a $2000 credit card debt. I can't attend. What now?

I have to work that day. They won't reschedule. What happens now?

Cary B. Hall
Cary B. Hall answered on Jan 21, 2019

The attorney for the credit card company will likely file a motion to compel your attendance with the court.

1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for Pennsylvania on
Q: We bought a used car. It had 30,000 miles on it. Turns out after bringing it to Nissan because of smoke issue the car

was flagged by Nissan and was to be sold at auction with "no engine warranty". The small dealer I bought it from never disclosed any issues or any flags to the engine warranty. Now I have a car that needs a new motor. Car was sold in New Jersey.

Elizabeth Tarasi
Elizabeth Tarasi answered on Jan 6, 2019

Call a lemon lawyer. That type of attorney handles these issues

1 Answer | Asked in Consumer Law for Pennsylvania on
Q: Citation threw the mail saying operating a vehicle with a televised object in my vision.. never got pull overr..

How is that legal i pleaded not guilty.. how can u prove i was driving

Cary B. Hall
Cary B. Hall answered on Dec 16, 2018

Go tell it to the judge, esp. if you weren't driving. But the way the cop can prove that you were driving is that he/she can *ask* you -- under oath -- in front of the magisterial district judge. I suppose you can "plead the 5th" and refuse to testify, and the judge may then toss... Read more »

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