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Texas Consumer Law Questions & Answers
2 Answers | Asked in Landlord - Tenant, Collections, Consumer Law and Real Estate Law for Texas on
Q: Can I sue for damages for apartment overcharges and credit report errors?

I lived in an apartment in Texas from August 2019 to September 2022 and experienced several billing and maintenance issues. Despite my lease not including certain fees, I was overbilled by $150 for 6 to 7 months, with discrepancies noted in conversations with Texas Rent Relief, which I have... View More

John Cucci Jr.
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answered on Nov 2, 2025

The facts you have presented do show a cause of action against the landlord who reported the false information. However, such a case is weak if you do not make at least one formal request for the landlord, or person who is publishing the false information against you.

You will also need to...
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2 Answers | Asked in Civil Litigation and Consumer Law for Texas on
Q: What can I do if my storage unit was auctioned without notice in Texas?

I had a storage unit in Texas, but I never received a written notice that I was past due on payments. When I went to pay, I discovered that the facility had already auctioned off my belongings. What are my rights in this situation, and what steps can I take regarding my belongings?

John Michael Frick
John Michael Frick
answered on Oct 31, 2025

You can sue for the value of the items stored. A self-storage facility is required to send written notice to you at the address listed in your rental agreement. If the facility did not send this notice, it is liable for the value of the items sold.

From past experience, I strongly...
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3 Answers | Asked in Car Accidents, DUI / DWI, Consumer Law, Insurance Defense and Personal Injury for Texas on
Q: Can I be charged with a DWI based on witness observation and no damage claim validity?

I accidentally backed into a parked car, resulting in what appeared to be no damage to either vehicle. I left the scene since there was no damage, but a witness called the police, claiming I appeared intoxicated and fled the scene. I have not been charged by the police, and my insurance company... View More

Jim  Butler
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answered on Oct 29, 2025

In regard to your question - "Can I be charged with a DWI based solely on the witness's observation?" The short answer is no. In Texas, intoxicated means that the person has lost the normal use of their mental and/or physical faculties due to the introduction of alcohol, a drug, an... View More

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2 Answers | Asked in Contracts and Consumer Law for Texas on
Q: Is a mobile home labeled a different model year than contract a breach?

I bought a mobile home in May 2025, and the contract stated that the mobile home was a 2025 model. However, the detailed plaque on the home says it was manufactured in July 2024. The model year was a significant factor in my purchasing decision. Is this considered a breach of contract, and what... View More

John Michael Frick
John Michael Frick
answered on Oct 17, 2025

Not necessarily. A vehicle can have a different model year from its manufacturing year. Model year refers to the annual production cycle for a vehicle model, while manufacturing year is the actual calendar year it was physically built. Usually, manufacturers begin manufacturing the new... View More

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2 Answers | Asked in Consumer Law, Insurance Defense, Car Accidents and Personal Injury for Texas on
Q: How can I start a payment plan for $6,000 judgment after accident without insurance?

I was found guilty of not having insurance at the time of an accident and pleaded no contest. The accident was due to a failure to yield, and now, under a court judgment, I must pay $6,000 to avoid having my license revoked. The other driver's insurance is pursuing me for this amount. I have... View More

Aimée  Robert
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answered on Oct 25, 2025

Thank you for reaching out — this is a common issue after an uninsured accident resulting in a court judgment.

If a $6,000 judgment has been entered against you, and the other driver’s insurance company (or their subrogation department) is seeking payment, you can typically request to...
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2 Answers | Asked in Energy, Oil and Gas, Real Estate Law and Consumer Law for Texas on
Q: Letter about mineral rights for my Texas property, unsure if legit.

I received a letter via FedEx addressed to a previous owner of my property regarding mineral rights. I have owned the property for a long time as it was gifted to me. The sender wants to discuss working together to proceed with surface development while preserving subsurface mineral rights. The... View More

Anthony M. Avery
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answered on Sep 26, 2025

Initially you need a TX attorney to search that title, and it will probably need to go back a hundred years or so, or at least where subsurface mineral rights were separated and conveyed if any. If you own the entire fee then you are okay. Then have the lawyer work out a mineral lease... View More

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3 Answers | Asked in Car Accidents, Consumer Law, Insurance Bad Faith and Personal Injury for Texas on
Q: Can I cash a refund check for a backdated insurance policy cancellation without personal liability?

I was involved in a car accident on July 4, 2025, for which I was at fault. My insurance company notified me on July 22, 2025, that they cancelled my policy, claiming my vehicle was a business vehicle, although it is only a personal vehicle. They backdated the policy cancellation to December 30,... View More

John Michael Frick
John Michael Frick
answered on Sep 3, 2025

No. If you cash the check, you likely will be bound by the retroactive cancellation date and the policy will not cover the accident that occurred on July 4, 2025. This will risk you being personally liable for any damages in that accident and may have other adverse legal ramifications on you.... View More

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2 Answers | Asked in Landlord - Tenant, Consumer Law and Real Estate Law for Texas on
Q: Tenant facing HOA violations post lease end, concerns over deposit refund in Texas.

I am a tenant who has been leasing a property for four years, with the original lease term expiring on April 30, 2025, and since then I've been on a month-to-month basis. Recently, I've received violation notices from the HOA concerning a dead tree, which were never mentioned during the... View More

John Michael Frick
John Michael Frick
answered on Aug 28, 2025

In general, the language of your lease will govern whether you are responsible for HOA fines in this circumstance. You should carefully review your lease to determine whether you are responsible for trees or landscaping under the terms of your lease. If you were responsible for landscape... View More

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2 Answers | Asked in Landlord - Tenant, Consumer Law and Real Estate Law for Texas on
Q: Is it legal for an HOA to require payment for unwanted Internet service?

I recently moved into a new area where there's an HOA, and everything seemed fine initially. I've now been informed that I have to pay $30 a month for Internet, even though I don't need or want it. The only thing communicated to us when moving in was that Internet is available, and I... View More

John Michael Frick
John Michael Frick
answered on Aug 11, 2025

It depends. Some HOAs enter into community-wide agreements with internet service providers to provide service ostensibly at a discount to every household in the community. Sometimes these agreement require the HOA to pay the provider even if an individual household chooses not to use the service.... View More

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2 Answers | Asked in Personal Injury, Civil Litigation and Consumer Law for Texas on
Q: What steps can I take after a fall injury at a post office parking lot?

I tripped and fell over a concrete barrier in the post office parking lot in January 2024, injuring my knee and back. There were no warning signs or markings on the barrier. I received treatment from a chiropractor, visited a pain management facility where I received a shot in my back, and I also... View More

John Michael Frick
John Michael Frick
answered on Aug 11, 2025

It would be very hard to win a trip and fall lawsuit when you tripped over a concrete barrier. A landowner has a duty to warn invitees of concealed dangerous conditions, but not open and obvious ones like a concrete barrier. In addition, a concrete barrier likely would not constitute a dangerous... View More

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2 Answers | Asked in Arbitration / Mediation Law, Contracts, Civil Litigation and Consumer Law for Texas on
Q: Moving company lost high-value handbags, claim denied, suggest arbitration. What to do?

I moved recently, and the moving company lost a box containing high-value handbags worth $17,000. The moving contract had a $0 deductible, but the company denied my claim in writing. The driver insisted that we sign the delivery papers without confirming the delivery of each box. The handbags were... View More

John Michael Frick
John Michael Frick
answered on Aug 8, 2025

Because the handbags are worth less than $20,000, you can file a lawsuit in small claims court against the moving company.

You will want to produce the purchase receipts for the handbags showing when they were purchased and how much you paid. If they were not recently purchased, you will...
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1 Answer | Asked in Contracts, Consumer Law and Civil Litigation for Texas on
Q: Coach claims breach after withdrawal from cheer contract despite compliance.

I enrolled my daughter in an all-star cheer program and signed a contract stating we could withdraw before June 1st without further obligation. I withdrew her on June 1st, as documented, yet the coach claims I'm breaching the contract and continues to withdraw funds from my account, despite... View More

John Michael Frick
John Michael Frick
answered on Jul 22, 2025

You can file a lawsuit for declaratory judgment and for return of all funds wrongfully withdrawn from your account.

I note, however, that if the contract says you can withdraw BEFORE June 1st, but you actually attempted to withdraw ON June 1st, you were late under your contract. Depending...
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2 Answers | Asked in Landlord - Tenant, Consumer Law and Real Estate Law for Texas on
Q: Can a judge order me to pay rent despite faulty wiring causing job loss and eviction threat in Texas?

When I moved into my apartment, I informed the management that I required stable internet, as I work from home. Despite notifying them multiple times, the internet went out due to incorrectly done wiring in the apartment, causing me to lose my job. Now, I'm facing eviction as a result. I... View More

John Michael Frick
John Michael Frick
answered on Jul 22, 2025

Texas law treats the landlord's provision of amenities like internet as independent of your rent obligations in a lease situation. That means that the landlord's failure to provide internet service will not excuse your obligation to pay rent.

If you did not pay rent but...
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3 Answers | Asked in Car Accidents, Consumer Law, Personal Injury and Insurance Bad Faith for Texas on
Q: Seeking quick compensation after a rear-end car accident in Texas affecting rental payments and phone bill.

I've been involved in a car accident in Texas where I was rear-ended on the northbound side of I-35 at the W. Illinois exit at around 1:45 am on July 12. The driver has admitted fault, and I've filed a claim with their insurance company, but they informed me it might take weeks to... View More

Tim Akpinar
Tim Akpinar
answered on Aug 6, 2025

I'm sorry about your accident and the upheaval it has caused you. Yes, it could be helpful to speak with an attorney. Most offer free initial consults on accident cases. But an attorney is not necessarily an automatic "cure-all" for a slow-moving claim, and there's no guarantee... View More

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2 Answers | Asked in Consumer Law and Real Estate Law for Texas on
Q: Legal action for non-disclosure of home issues by Yes Communities?

I purchased a mobile home on June 1, 2025, from Yes Communities and moved in on June 30, 2025. After moving in, I discovered multiple issues: a leaking roof, a non-functional AC with a $12,000 repair estimate, cockroaches, a non-working new dishwasher due to electrical issues, and mold in the... View More

John Michael Frick
John Michael Frick
answered on Jul 7, 2025

It depends upon the written warranty accompanying your new mobile home. Read your warranty carefully and follow the procedure for making a warrant claim as specified in those documents. You may also want to review your contract with your home inspector. Normally, it is the job of your home... View More

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2 Answers | Asked in Lemon Law and Consumer Law for Texas on
Q: Can I file a lemon law claim for my unresolved 2024 Dodge Durango issues?

I purchased a new 2024 Dodge Durango last April, and since then, it has spent 33 days in the shop due to an unidentified and unresolved electrical issue. The vehicle has died while driving on May 19th, June 6th, and June 11th, and needed towing on two occasions as it wouldn't restart. Despite... View More

John Michael Frick
John Michael Frick
answered on Jul 7, 2025

We get a lot of questions regarding the Texas "Lemon" Law in the Q&A forum. I usually have to explain to the inquirer that the "Lemon" law only applies to new vehicles, etc.

In this case, you actually probably do have a valid "Lemon" law claim. The Texas...
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2 Answers | Asked in Consumer Law and Traffic Tickets for Texas on
Q: Received text about unpaid toll, potential license & registration suspension, didn't know about toll. How to resolve?

I recently received a text about a non-payment of a toll associated with code 15c-16.003 in Texas, stating that my driver's license and vehicle registration will be suspended for 30 days. I am not currently in Texas and was unaware of any toll charges that I owed. The text did not specify the... View More

John Michael Frick
John Michael Frick
answered on Jul 7, 2025

This is most likely a scam. The tollway authorities in Texas do not use text messaging to contact violators. They do operate websites where you can check for any violations and pay online. The North Texas Tollway Authority can be accessed at: https://ssptrips.ntta.org/#/

You likely...
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2 Answers | Asked in Consumer Law, Contracts, Medical Malpractice and Personal Injury for Texas on
Q: Can I be held legally responsible for a medical bill in state of Texas, if I, the mother, did not offer legal consent?

A grandparent took my son, whom I have custody of, to an out of network dentist. I was never notified or consented to treatment for this dentist. I found out about everything afterwards, and she told the office to bill my insurance. Now, the dental office is attempting to pass the debt to me, even... View More

John Michael Frick
John Michael Frick
answered on Jul 2, 2025

Parents are responsible for the cost of medical care for their children. So, yes, you can be financially responsible to the dentist. Generally, if a parent cannot be contacted and has not provided other instructions, a grandparent is legally allowed to consent for a minor's dental treatment.... View More

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2 Answers | Asked in Collections, Consumer Law and Health Care Law for Texas on
Q: Received a debt collection letter from a law firm about a medical provider. Unsure about the validity and how to respond.

I received a letter from a law firm attempting to collect a debt of $60,792.75 from a medical provider. I paid my deductible for the procedure back in 2021 and have not been asked about any outstanding debt before now. I have not received any bills or correspondence from the medical provider... View More

John Michael Frick
John Michael Frick
answered on Jul 1, 2025

Reach out directly to the medical provider to determine if the law firm actually even represents the provider to ensure this is not a scam. Tell the law firm in writing that you are reaching out to the provider to verify that the law firm has authority to act on its behalf and when you receive... View More

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2 Answers | Asked in Lemon Law, Consumer Law, Insurance Defense and Real Estate Law for Texas on
Q: How can I resolve a stolen title issue to release insurance funds for a total loss in Texas?

I live in Texas and purchased a car with a Missouri title. Soon after I got it running, I was involved in an accident, and the car was deemed a total loss. Unfortunately, I've not been able to transfer the title to my name because it was stolen, and the current titleholder is in prison and... View More

John Michael Frick
John Michael Frick
answered on Jun 20, 2025

If the vehicle was stolen when it was "sold" to you, you probably cannot get a bonded title or get the insurance company to release the funds to you. Your remedy for unknowingly buying a stolen vehicle is to sue the individual or company that sold you the vehicle.

Be...
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