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Texas Consumer Law Questions & Answers
2 Answers | Asked in Consumer Law, Lemon Law and Contracts for Texas on
Q: Do I have a case with Autonation for undisclosed car repairs?

I purchased a used car from Autonation and bought a warranty through Veratas, which covers up to $10,000. Six months later, I've discovered it requires three times its worth in repairs, including major transmission issues, despite assurances from the salesman that the car had passed a 50-point... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2025

Maybe if the sale was not "as-is." Take you sale documents, your warranty documents, repair receipts, and any outstanding repair estimates to an attorney who practices in the area of consumer law in or near the county where you purchased the car. Most will provide an initial... View More

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2 Answers | Asked in Consumer Law and Contracts for Texas on
Q: Dealership delay led to rental fees; how to recover costs?

I experienced a delay of over 15 days caused by a dealership while waiting for a repair covered by my extended warranty. During this period, I incurred rental fees due to the dealership's actions. However, the dealership is denying responsibility for the delay, and my extended warranty does... View More

John Michael Frick
John Michael Frick
answered on Jun 5, 2025

The answer to this question depends upon facts not included in your question. The extended warranty might include a rental reimbursement provision. How to make a claim for rental reimbursement and how much is covered depends upon the language of the provision. This is the legal responsibility of... View More

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2 Answers | Asked in Consumer Law and Lemon Law for Texas on
Q: Can I address issues with my 2019 Dodge Charger bought "as is"? Dealership didn't disclose issues.

I purchased a 2019 Dodge Charger from a dealership. Initially, I was informed the price was $19,000, so I offered $12,000 cash. Eventually, I paid $12,503. Shortly after driving about 30 miles, the check engine light came on. I later found that the vehicle was listed online for $12,995. The car has... View More

John Michael Frick
John Michael Frick
answered on Jun 5, 2025

The lemon law only applies to new vehicles.

When a person buys a vehicle "as-is", the buyer is are accepting the vehicle in whatever condition it is in with all defects, known or unknown, and acknowledging that they alone are responsible for inspecting the vehicle to ensure it...
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2 Answers | Asked in Consumer Law, Insurance Defense and Insurance Bad Faith for Texas on
Q: How can I ensure insurance covers accident if daughter excluded as driver?

My daughter, who doesn't live with me, was driving my car and rear-ended another vehicle. Although no ticket was issued, the police report found her at fault. She has a valid Texas driver's license under her mother's address. I have full coverage insurance on the car; however, my... View More

John Michael Frick
John Michael Frick
answered on Jun 5, 2025

You need to gather together your policy documents and communications with your insurance agent to verify that your daughter was not designated as an "excluded driver" at the time of the accident.

Then contact an attorney who practices in the area of insurance coverage litigation...
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2 Answers | Asked in Consumer Law, Libel & Slander and Personal Injury for Texas on
Q: Someone is falsely using my phone number, causing me to receive constant unwanted calls and threats from legal services. What can I do?

For several months now, someone has repeatedly given my phone number to business and legal services, falsely claiming it as their own. I receive calls all hours of the day, every day. I know the person's name, but despite informing these businesses that the number does not belong to them, they... View More

John Michael Frick
John Michael Frick
answered on May 29, 2025

Theoretically, you could locate the person and file a lawsuit against them to enjoin them from using or giving out your telephone number to others. Getting an injunction like this in Texas after locating the person should cost $25-30,000.

Or you can change your phone number. For free.

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Q: How can I protect my family from threats, theft, and police inaction?

I am facing a critical situation where someone intentionally poisoned me with a substance that restricted oxygen to my brain, and the authorities have not provided assistance despite my reports. This individual is now threatening my parents; they have stolen money from my parents' account with... View More

John Michael Frick
John Michael Frick
answered on May 27, 2025

Given the nature of the threats and the inaction of law enforcement, you should hire private security to protect yourself, your parents, and your respective possessions from the perpetrators.

When you report incidents like this to law enforcement, they have considerable discretion in...
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3 Answers | Asked in Collections and Consumer Law for Texas on
Q: Can United Legal Firm pursue legal action for Cash Net USA debt?

United Legal Firm has been calling me and my ex-husband, claiming I owe money to Cash Net USA for a loan I have not paid off which has been charged off. They are threatening to sue me but have not provided any specific details about a court case. Despite their claims, I haven't received any... View More

John Michael Frick
John Michael Frick
answered on May 15, 2025

This sounds very much like a hoax. I would not make any deal or pay any money. If they call you again, tell them you need written verification of the debt including any assignment or transfer of the debt from Cash Net USA to them or a copy of an agreement executed by Cash Net USA hiring United... View More

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2 Answers | Asked in Consumer Law, Small Claims and Insurance Bad Faith for Texas on
Q: Problems due to canceled car loan from a dealership now closed.

I did not take delivery of a car from Koncept Motors due to significant engine and other issues. I requested the cancellation of the loan within one day, and I received paperwork confirming the loan was canceled. The dealership has since closed due to lawsuits and fraudulent activities. Two years... View More

John Michael Frick
John Michael Frick
answered on May 12, 2025

Gather up all of your evidence including all of your communications with the dealership and with the bank as well as every communication denying you credit, and take it to an experienced attorney who practices in the area consumer law in or near the county where the dealership is located.

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2 Answers | Asked in Landlord - Tenant, Consumer Law and Real Estate Law for Texas on
Q: Apartment complex demands 5-star review for rate renewal in Texas. Is this blackmail?

I am currently negotiating a renewal rate with my apartment complex. They agreed to a new rate in writing but stated they would only implement it if I write a 5-star review on Google. We haven't signed the renewal yet, as we haven't written the review. The request was communicated via... View More

John Michael Frick
John Michael Frick
answered on May 12, 2025

No it is not considered "blackmail." Blackmail involves the use of threats to disclose incriminating or embarassing information about someone to obtain money or property from another.

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2 Answers | Asked in Real Estate Law, Consumer Law and Civil Litigation for Texas on
Q: Seeking TX real estate fraud attorney for undisclosed flood damage case.

In April 2024, we purchased a home in Houston via licensed real estate agents, one of whom also acted as the listing agent. During renovations, we discovered drywall dated 2017 installed at the two-foot level, along with hidden black mold and other clear signs of undisclosed flood-related repairs.... View More

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

You likely do not have any claim against the real estate agents. Any claim you have is against the sellers. It is likely there is no insurance covering these claims you are making against the sellers. Unless you can demonstrate that the sellers have non-exempt assets (like cash, publicly traded... View More

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2 Answers | Asked in Consumer Law and Contracts for Texas on
Q: Mechanic replaced engine without permission, charged $3,800 for unauthorized work. What recourse do I have?

I took my vehicle to a mechanic who quoted me for head gasket replacement. Later, I found out they replaced my engine without my permission and charged me $3,800. There was no signed agreement, only a verbal agreement for the original repairs. I only received a receipt for the engine replacement... View More

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

Legally, you are not required to pay for an unauthorized repair. Legally, you are required to pay for repairs you authorized. This presents a classic he-said, she-said situation. You will have to persuade a judge or jury that you are telling the truth versus the mechanic persuading a judge or... View More

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2 Answers | Asked in Civil Litigation and Consumer Law for Texas on
Q: How to sue for damages in federal court for 18-year fraud without a lawyer?

I'm seeking advice on how to sue for damages in federal court for a fraud case spanning over 18 years. My previous attempt was dismissed because I couldn't serve the defendants due to lacking their information. I'm considering proceeding without a lawyer and would appreciate guidance... View More

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

The answer to your question turns on what information is necessary under your particular facts and circumstances. In Texas, the statute of limitations for fraud is four years, so it appears you may have a limitations issue already. It also appears that you may not have satisfactory information... View More

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2 Answers | Asked in Consumer Law, Contracts and Civil Litigation for Texas on
Q: How can I proceed legally for a refund delay from a TikTok purchase in Texas?

I purchased a robot vacuum from TikTok, and it didn't work. The seller, upon my request for a refund, instructed me to return the product and promised I would receive the refund within 10 days. However, it's been over two months, and they now claim to be waiting for an answer from the... View More

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

You can file a small claims lawsuit against the actual seller. You will need to determine the actual legal name of the seller, if the seller is registered to do business in Texas, and who the registered agent for service of process is. If the seller is not registered to do business in Texas (and... View More

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3 Answers | Asked in Child Support, Consumer Law and Family Law for Texas on
Q: Is it legal for unpaid child support to be on my credit report?

Is it legal for unpaid child support to appear on my credit report? I am concerned about how this might affect my credit, and I need guidance on this situation.

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

It is both legal and required. Unpaid child support can (and should) affect your credit. Child support is a "preferred" debt that takes priority over many other types of debt in the event of a priority dispute or bankruptcy. A child support lien is usually going to be satisfied first,... View More

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2 Answers | Asked in Consumer Law and Identity Theft for Texas on
Q: Received a call about missed court hearing due to a past loan lawsuit from 2023; unsure of legitimacy.

I received a phone call stating I missed a court hearing, which was a surprise since I hadn't received any notification, possibly due to it being sent to an old address. The caller gave me a case number and an attorney's contact. When I called, it was central management telling me that a... View More

John Michael Frick
John Michael Frick
answered on Apr 23, 2025

It most likely is a scam. I recommend you contact either your own lawyer or the court directly.

It is very possible you missed a court date, especially if you moved and failed to notify your own lawyer or the court directly of your change of address. Once you have been served and...
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2 Answers | Asked in Consumer Law and Gov & Administrative Law for Texas on
Q: How to report inaccuracies by a background check company based in Spring, TX.

I am dealing with issues related to a background search company. The phone number provided on my report doesn't exist, so I'm unable to speak with an agent. I've tried contacting them via fax and email all day without success. There are several inaccuracies in the report that I... View More

Matthew McKenna
Matthew McKenna
answered on Apr 16, 2025

I would contact a consumer protection attorney. You'll want to dispute the inaccurate information that is being reported by that background check company but a consumer protection attorney would likely be able to help you dispute the inaccurate information. I would recommend for you to reach... View More

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2 Answers | Asked in Landlord - Tenant, Civil Litigation, Consumer Law and Real Estate Law for Texas on
Q: How can I dispute my apartment's charge for damage caused by improper installations?

I reported an issue with my washer and dryer unit being improperly installed behind a glass mirror closet in my apartment over a year ago. Initially, the apartment complex acknowledged the washer's placement caused damage but assured us we would not be charged. Despite emails that go... View More

John Michael Frick
John Michael Frick
answered on Apr 16, 2025

You should send written notification to the landlord or the landlord's representative with copies of the photos and videos. Check your lease to determine if it contains a provision specifying where and how written notice is to be sent. If your lease does not contain such a provision, send... View More

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2 Answers | Asked in Consumer Law, Civil Litigation and Gov & Administrative Law for Texas on
Q: How to pursue legal action in TX against Concord Auto Protect?

I purchased an auto warranty contract from Concord Auto Protect on November 22, 2023, which is set to expire on November 25, 2025. In 2023, I successfully used the warranty once. However, when attempting to use their services again in March 2025, both the service department and I made multiple... View More

John Michael Frick
John Michael Frick
answered on Apr 14, 2025

If you purchased the warranty in Texas and it does not contain either an arbitration clause or forum selection clause, you can sue the company here in Texas for breach of the warranty contract. Depending on what the lawsuit filed by the Pennsylvania AG alleges, there may even be a suit for a Texas... View More

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2 Answers | Asked in Bankruptcy, Collections and Consumer Law for Texas on
Q: Can university collect debt if not listed in bankruptcy?

In Texas, a student I know filed for Chapter 7 bankruptcy in May, and the case was closed as a discharged non-asset in September. During this period, the student withdrew early from classes, resulting in a portion of the Title IV funds being returned, leading to a debt of $4,321 owed to the... View More

Broocks "Mack" Wilson
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Broocks "Mack" Wilson
answered on Apr 11, 2025

Generally speaking, even debts owed to creditors that do not receive notice are discharged in no asset cases.

The answer to your specific question will likely depend on the timing of when the debt arose. If the student withdrew after she filed her chapter 7 petition, there is a possibility...
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2 Answers | Asked in Landlord - Tenant, Contracts, Consumer Law, Personal Injury and Real Estate Law for Texas on
Q: Seeking attorney for breach of lease and deceptive trade in TX

I'm looking to find an attorney who works on a contingency basis to help with a breach of contract and deceptive trade practices case concerning a leased premises. For about a year, I've been living with mold and bad water. Despite my written complaints over the past 11 months, the... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2025

In the absence of significant damages, it will likely not be possible for you to locate an attorney willing to work on such a case on a contingency fee basis. You would need to show some sort of "value" to the leased premises. If it is a commercial property in a prime location with a... View More

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