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Texas Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: Can I legally cancel a subscription to an online PT with a 3 month commitment b4 1 month is over? I hate her services.

I agreed to work with a personal trainer, who sent me a form and told me to sign it while on call, within minutes. It was $500/month with a 3 month commitment. I misunderstood her explanation to mean I could pay 500/month and cancel anytime. After 3 weeks with her, I've realized that her... Read more »

Jacob Rheaume
Jacob Rheaume PRO label
answered on Mar 16, 2023

Without reading all the terms of service, my gut instinct is as follows:

The unpaid commitment ($1,000) will likely still be assessed as a termination fee, meaning you're free to cancel now but she will still collect one way or another.

If you want to maintain the liquidity, I...
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1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Native American Law for Texas on
Q: Hello I'm looking for an attorney that I will assist me in fighting back a predatory lender tribal law attorney.

Can you please gave someone to call me 832.326.6476 I took out a loan for 1500 and now I'm paying 7000 back ridiculous. Any help you can give would be appreciated. It has to be illegal in Texas. How do I fight these people and not have my credit score or be legally sued. Can you assist me in... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 16, 2023

You may also want to contact the National Association of Consumer Advocates, which is an organization of attorneys and consumer advocates who specialize in protecting the rights of consumers against unfair or abusive lending practices. Their website is https://www.consumeradvocates.org/

1 Answer | Asked in Consumer Law and Antitrust for Texas on
Q: the allergy medicine Allegra and Allegra hives are the exact same except for the cost.

There's allergy medicine called Allegra then they have another and it's labeled Allegra hives and then there's another one called 24 hours these have the exact same ingredients the exact same amount of ingredients except Allegra hives cost more than the other two each one of... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 4, 2023

It is not uncommon for different variations of a product to have different prices even if they have the same ingredients. This is often due to marketing strategies, target audience, packaging, and other factors that can affect the perceived value of a product. As long as the products are not... Read more »

1 Answer | Asked in Consumer Law for Texas on
Q: How can a car dealership require you to pay a down payment when you’re getting a loan and loans don’t require a down pay

I got approved at a few dealerships but they say in order for me to get my loan I need a down payment. I thought this wasn’t legal since loans don’t require down payment.

John Michael Frick
John Michael Frick
answered on Mar 3, 2023

It is common to make down payments when you purchase a motor vehicle and to finance the remainder of the purchase price. I am unaware of any law that makes this illegal.

You may be thinking of federal laws governing the advertising of down payments In connection with financing.

2 Answers | Asked in Bankruptcy, Consumer Law, Small Claims and Collections for Texas on
Q: Can a debt collector that bought your debt sue you for a debt that has exceeded the statue of limitations?

I just got a paper in the mail as an advertisement from a legal firm saying they found a court filing for a lawsuit under my name. They were fishing around to represent me. I set out to do some digging and it turns out a debt collector(Jefferson Capital) bought the debt from my original creditor.... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 3, 2023

Anybody with a couple hundred bucks, or whatever the court filing fee is, can sue anybody else. The key question is whether they can get a judgment, i.e., win.

If you can show a court that your first default occurred more than four years ago, and was not subsequently cured by catching up...
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2 Answers | Asked in Consumer Law, Banking and Gov & Administrative Law for Texas on
Q: What are the most effective options to build a strong legal case against: ADT/SunPro Solar and Good Leaf the lender?
John Michael Frick
John Michael Frick
answered on Mar 2, 2023

Since Texas is a one-party consent state, record every conversation you have with every representative of each party. Keep the entirety of each recording and turn all of the entire recordings over to your attorney.

Do not sign anything unless it has been reviewed and approved by your...
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1 Answer | Asked in Consumer Law, Identity Theft, Social Security and Landlord - Tenant for Texas on
Q: I wanted to know if I could file a lawsuit against an apartment leasing company that allowed someone to open a lease

Under my name without my consent while a credit freeze was placed in credit reports?

John Michael Frick
John Michael Frick
answered on Feb 23, 2023

Absolutely . But it may not be necessary.

Send the leasing company a letter demanding that it acknowledge that it allowed some to open a lease in your name without your consent and cc the landlord on that lease. Detail the evidence you have that the leasing company knew it wasn’t you...
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1 Answer | Asked in Personal Injury and Consumer Law for Texas on
Q: My insurance company mixed my personal information with a family members but didn't tell me. How can this be resolved?

I share a similar name with a grandparent and although they dont even drive, my insurance company considers them insured under the same policy. When I was injured in a car crash an adjuster created a PIP CLAIM using my grandparents identity and my medical information (combining the two). I... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 22, 2023

A Texas attorney could advise best, but your question remains open for a week. A starting point could be to reach out to the claims office that originally mixed up the names and ask them to clarify their records. However, if the PIP claim was several years ago, it's possible the carrier closed... Read more »

1 Answer | Asked in Consumer Law and Elder Law for Texas on
Q: Can a lawyer invoice you without a representation agreement?

My mom has a legal issue. She's not technically inclined. I found an attorney who might be able to help her and filled out the contact form on their website. The attorney responded back and asked me to explain the issue. Once I did, they said she should come in for a free consult. She met with... Read more »

John Michael Frick
John Michael Frick
answered on Feb 11, 2023

A lawyer is entitled to charge a reasonable fee for legal services performed at a person’s request.

Some lawyers agree to review documents sent to them via email before an initial consultation, and may even agree to perform some preliminary research. It sounds like this happened in this...
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1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for Texas on
Q: My girlfriend bought a car from a small car lot and 6 months later the engine blew. Is there anything we can do?

My girlfriend bought a car from a small car lot and 6 months later the engine blew. She still owes $11,000. They want $4000 to repair the engine. They won't tell us what is wrong with the engine just that we need to pay them to fix it. Is there anything we can do?

John Michael Frick
John Michael Frick
answered on Feb 11, 2023

You should consider taking the vehicle to another mechanic for a second opinion given the size of the repair estimate.

1 Answer | Asked in Consumer Law, Lemon Law and Libel & Slander for Texas on
Q: My dealer sold me a lemon. Is it legal to drive my car with painted messages on my doors "parkplace sold me this lemon"?

Have tried to resolve amicably. Car in shop 26 days out of the 45 I have owned it. Since it was purchased with 1000 miles CPO "as is" it does not qualify for buyback according to MBUSA.

I spent 130k and car does not drive nice. So while I prepare a lawsuit, want to paint on car,... Read more »

John Michael Frick
John Michael Frick
answered on Jan 28, 2023

Since a car can only be a “lemon” if it was purchased new, you could be sued for business disparagement if your sign deters a prospective customer from purchasing a car from the dealership.

Most used cars are sold as-is, meaning the buyer is not relying on anything the seller may have...
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1 Answer | Asked in Consumer Law, Contracts, Landlord - Tenant and Municipal Law for Texas on
Q: Dilemma: in a rental home that had main sewer clogs and landlord/owner aware for months. Now it's backing up

Into multiple different homes. This is also in a MUD district. Tenant law says 3 days to fix. Who's responsible?

John Michael Frick
John Michael Frick
answered on Jan 20, 2023

“Into multiple different homes” sounds like this is a municipal utility problem and not a landlord problem.

The landlord would ordinarily be responsible for the section of plumbing from the dwelling to the main sewer line.

This sounds more like a blockage in a sewer main...
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1 Answer | Asked in Consumer Law, Collections and Small Claims for Texas on
Q: I have 3 months left before my four years of statute of limitation is completed for unsecured debt.

I defaulted on unsecured debt from the lender/creditor named, Lending Club after I lost my job and underwent a very difficult financing situation. The last day of activity in the debt was 02/2019 when I made minimum payment. I thought their collection company gave up on me after repeatedly calling... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

They may file a lawsuit. It is hard to say, but one thing is certain. The best defense is a good offense. I have dealt with situations like this be fore for much larger sums of money and was able to position my client well. I need to learn more about the facts, but there may be an opportunity to... Read more »

1 Answer | Asked in Consumer Law for Texas on
Q: mobile mechanic repaired my car without estimate or my permission. Total cost $800. What are my rights? What are his?

He did previous work for me. Figured it was the same thing because it was recent. He showed up at my house he took my car key and that was it. Before I knew it he came back said OK the work's done it's $800. He still hasn't sent an itemized receipt, he didn't ask my permission... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

You may have a claim. I need to see your contract or learn more about your interaction.

1 Answer | Asked in Collections, Consumer Law and Landlord - Tenant for Texas on
Q: Landlord sold illegal and invalid debt to collection agency. Best way to clear credit? I currently live out of state.

I moved out of an apartment in El Paso on 30 June 2021. I had a move-out inspection with an employee of the apartment complex and wasn't notified of any issues.

On 8 February 2022, I was emailed an itemized list of damages for the El Paso property. I disagree with all of these damages... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

You may have a claim. I need to learn more.

1 Answer | Asked in Consumer Law and Banking for Texas on
Q: I am a truck driver and make fuel purchases thru a fuel card issued out ofOklahoma. This card provides me with

Discount fuel prices. I fund this card by a credit card. They charge me 4% when I add funds to this fuel card with my credit card. Is this legal to add this surcharge.

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

I would need to review your contract.

1 Answer | Asked in Business Law, Consumer Law and Contracts for Texas on
Q: Can I sue for posession of titles if a lease agreement is predatory.

I have several leases for Semi trucks thru a company called Drivenow. I purchased them for a certain amount of years and a certain price. I have been paying some of these for way longer then the term of the loan and the balance seems to never come down. Now after paying for these trucks for longer... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

You may have a claim here. I need to read your contracts, see your rate, and review your payment records.

1 Answer | Asked in Consumer Law, Civil Litigation and Civil Rights for Texas on
Q: Can I sue gexa entergy for over charging me because last August my bill was 378, September 647 October 763, November 255

December 919, January 786. I live in a 1 story house and it's just me and my lights get turned off every month and Every time I try to fix this I get on hold I'm on hold for hours upon hours until I pay the bill and then it starts over. I asked The guy at jexa energy how much I've... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

Interesting, I am about the sue a solar panel company on behalf of a couple clients soon. You may have a claim. I would need to learn more.

2 Answers | Asked in Civil Litigation, Consumer Law and Real Estate Law for Texas on
Q: Need to know what law it falls under to file a suit against a police department a real estate agent and a mobile home

Mover. Please department for a failure to I don't know protect somebody when they tried to file multiple reports of being stalked raped Drugged ect.

Real estate agent for ethics for calling me causing me to be homeless with 2 children. Stealing thousands of dollars worth of merchandise... Read more »

John Cucci Jr.
John Cucci Jr. PRO label
answered on Jan 9, 2023

You can not sue the Police unless you have established a "special relationship." That has not happened in your matter. Unfortunately, the police have no legal obligation to make a report, investigate, or arrest anyone. Believe it or not, that's the law.

On the Real Estate...
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1 Answer | Asked in Consumer Law, Business Law and Collections for Texas on
Q: Should I pay for canceled order that was delivered?

I canceled 3 orders from a hardware store, yet they have still been delivered. These were canceled in store by the manager. I was advised by the employee, if the order does come, accept it and dont say anything. The total of the items is over 18k. What do I do? Will i be charged for these items... Read more »

John Michael Frick
John Michael Frick
answered on Jan 2, 2023

No, you don’t have to pay for them.

No, you can’t keep them.

Notify the store that they were delivered anyway despite your cancellation of the order and arrange a time for them to come pick them up.

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