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Texas Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Texas on
Q: Do i actually have a case? or am i just out of luck? Could the company be found liable?

i bought a vehicle from a lot, it had 6 month warranty i pay 267 every 2 weeks. The salesman wouldnt let me choose any other car on the lot cause he didnt truth them. As soon as i got it, it started to have issues. I told them the issues and they never got it fixed. Then my sales person was fired a... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 29, 2020

You need a lawyer immediately. The dealer cannot take your son's social security card nor hold it hostage. Also, they do not need your W-2 forms. You don't specify if the vehicle was financed through a financial institution or if the dealer financed the purchase. It is also unclear if the... Read more »

1 Answer | Asked in Consumer Law for Texas on
Q: Facebook deactived my dead fathers memorilzed account, do I have a case? Isnt that against some form of user agreement?

I memorilzed my dads account when he passed in September 2019, a few months later I noticed his account was gone. Facebook customer service gave me a massive run around until they admitted to his account being deactivated and they couldn't do anything. My understanding is once an account is... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 16, 2020

Whether Facebook can do this or not is entirely determined by its User agreement which you should check. In Texas, there is no common law or statutory case of action for deactivating a memorialized social media account.

1 Answer | Asked in Consumer Law, Copyright and Patents (Intellectual Property) for Texas on
Q: Would it be possible for an unrelated individual to use this process to design a consumer good after getting investors?

US Patent Application for LASER INDUCED GRAPHENE MATERIALS AND THEIR USE IN ELECTRONIC DEVICES Patent Application (Application #20200112026)

Do patent applications on new methods of producing material products make it impossible for others to use the methods in their own designs?

Thankyou

Kathryn Perales
Kathryn Perales answered on Jun 29, 2020

If a granted patent describes the same method that you want to use, then the inventor can prevent you from using that process without their permission. If a patent application has not yet been granted, then the inventor does not yet have the right to stop you. However, if the patent is granted... Read more »

1 Answer | Asked in Consumer Law, Divorce, Libel & Slander and Small Claims for Texas on
Q: If a married couple are both on a car title is it legal for one of them to use that title for another loan without

Approval or without telling the other person

Kelly Case
Kelly Case answered on Jun 25, 2020

While it is not the best practice for a loan company to grant a loan with only one of the married couple's signature on the documents, there is nothing illegal about it. Unless a divorce was currently pending and the County in which it was filed had instituted Standing Orders preventing the... Read more »

1 Answer | Asked in Consumer Law and Construction Law for Texas on
Q: Am I liable to to pay a subcontractor if my contractor did not pay them in full?

Brick subcontractor contacted me 5 months after his work was finished and asked me to pay him the shortage I explained I had already paid the contractor for his work and there were no more funds left. I attempted to call the contractor who won’t take my calls. Now the subcontractor filed a... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

You should counter sue the contractor, usually they also have to post a bond, which you should know about under the original contract. You can also sue the bonding company.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Consumer Law for Texas on
Q: What can i we do if a dealership had a lean on our car we bought without us knowing

we financed it dealership paid it off without telling us making our payments ahead only kept asking for plates he said he had to do to get the title . Told us to 11000 cash and we did now asking for more money and wont give title to us

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 13, 2020

I do not understand if you actually financed the vehicle or if you paid the dealer $11,000 in cash.I presume you purchased a used vehicle and must have received some documentation regarding the terms of the sale, including the price. These documents should be reviewed by a local attorney.... Read more »

1 Answer | Asked in Criminal Law and Consumer Law for Texas on
Q: Can a former employer charge criminal charges for checks that were written a year ago, which they are just now cashing?

A former employee sent me an invoice for “unapproved overtime” that I was paid. Due to the toxic work environment, I sent payment in the form of checks after I left (7/10/19) since then, that account was closed (4/30/20) and today, I received notifications from said employer that she tried to... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 13, 2020

You could be arrested and put in jail for committing Assault on the Tooth Fairy. However, if you fight the charge you won't be convicted because the prosecution must prove every element of the offense beyond a reasonable doubt, one of the elements of assault is that it is committed against a... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Identity Theft for Texas on
Q: What kind of attorney protects you from fraud, being framed with assistance from the court clerks creating documents,

The court is aiding my house being stolen. The wrap deed of trust was actualy a sale to the county trustee. I have proof of fake documents from court.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 8, 2020

Schedule a consultation with a local Real Estate Attorney.

1 Answer | Asked in Consumer Law and Civil Litigation for Texas on
Q: How do chrome users affected by this beach of privacy sign up for this class action?
Adam Savett
Adam Savett answered on Jun 8, 2020

This is a brand new case that was just filed last week.

There is no settlement, no judgement, nothing to claim at this point.

Class action cases take time, often 2-5 years from the time they are filed until they are resolved.

And there is no guarantee that the case will be...
Read more »

1 Answer | Asked in Consumer Law, Employment Law, Business Law and International Law for Texas on
Q: I want to use a Lebanese artist to create and sell graphic designs. Am l allowed to hire him? We'd need PayPal.
David Luther Woodward
David Luther Woodward answered on Jun 4, 2020

Where is the artist?

You ask a question that needs more detail.

Are you going to pay hourly? piece work? project work? or whatever.

Where does he work? Do you provide the supplies.

Go see an immigration lawyer and an employment lawyer.

Good Luck

d

3 Answers | Asked in Consumer Law, Criminal Law and Products Liability for Texas on
Q: Am I required by law to report a stolen package containing ammunition?

I purchased ammunition from an authorized dealer online and had it shipped to my apartment address. The package was then stolen from my doorstep. It contained x60 .223 Remington bullets. If I understand correctly, this act is a felony, and I need to know what my legal obligation is in this... Read more »

Chad Zubi
Chad Zubi answered on Jun 1, 2020

You aren't legally required to report the ammunition stolen, but it would be a good idea.

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2 Answers | Asked in Consumer Law and Personal Injury for Texas on
Q: I recently contracted scabies at a Hotel I made a formal complaint with the franchise complaints department Dr confirme

I also filed a complaint with the Texas Health Department my question is wht can I do to hold him accountable and make sure that they take responsibility forliabilities and their negligence

Patrick Daniel
Patrick Daniel answered on May 12, 2020

Some additional information would need to be known about this situation. For instance, how do you know that staying at the hotel caused the scabies? Are there others who stayed at the hotel and also contracted scabies? Also, if you immediately saw a doctor after the incident it, what did he say? It... Read more »

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1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: House caught on fire while waiting on claim with insurance co mortgage company foreclosed who get the insurance check
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 23, 2020

The financial institution that hold the note and mortgage. If there is anything left over, you might get some of it.

1 Answer | Asked in Consumer Law and Medical Malpractice for Texas on
Q: What should I expect as an MMI after 4 hernias repair and l5/S1 Laminectomy with Discectomy Surgery?

I was injured last year on my job after informing my employer that we need electrical pallet jacks to unload our trucks. I was unloading my truck up an incline with a manual pallet jack when I noticed a sharp pain in my naval area along with a small bulge. I immediately notified the company of my... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 10, 2020

I'm sorry for your ordeal with the relentless pain you are enduring. Unfortunately, the fact that medical treatments do not succeed in ending it does not necessarily mean that this state of affairs is attributable to medical malpractice on the part of a physician or hospital. You have a... Read more »

1 Answer | Asked in Consumer Law for Texas on
Q: With the coronavirus on-going am I able to get a full refund on a non-refundable hotel

I booked my hotel through hotels.com for ComicCon in San Diego which we are not going to anymore for our safety.

Tim Akpinar
Tim Akpinar answered on Apr 1, 2020

It could depend on how the contract is worded, and how the establishment argues the definition of some of the applicable terms. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law for Texas on
Q: How does the statute of limitations work on almost 20 yr credit card debt

I had a Litigation company call me and tell me that I was going to be taken to court and get my wages garnished if I did not pay this old credit card bill. They said they mailed me letters but I have not received anything. I asked them to verify my debt because it was past the statute of... Read more »

Adam Savett
Adam Savett answered on Mar 9, 2020

Yes, you should find a qualified lawyer who handles FDCPA matters.

Many offer free initial consultations.

You can find lawyers here on Justia, or other directories such as Avvo.

You can also contact the Houston Lawyer Referral Service, who can refer you to pre-screened...
Read more »

1 Answer | Asked in Consumer Law, Employment Law and Trademark for Texas on
Q: Can I open a boutique with my daughters name and her middle name. The boutique would be called A*** Rose Boutique?

The clothing is aimed towards teens and older girls can I get in trouble for using the name since Rose is trademarked but there other boutiques using it? I’ve also have tried about 50 other names but they’re all taken so this is my last option hopefully.

Tania Maria Williams
Tania Maria Williams answered on Feb 25, 2020

The trademark examiner will be looking for a likelihood of confusion for other marks within the same class. Use of the word “Rose” doesn’t necessarily preclude your use of the word but enlisting an attorney to do a comprehensive trademark search is your best bet. Sometimes, I have helped... Read more »

1 Answer | Asked in Consumer Law, Car Accidents, Civil Litigation and Insurance Bad Faith for Texas on
Q: What is the dealership’s extent of responsibility for a vehicle they wrecked on their property?

While completing recall work, the dealership wrecked my husband’s truck. The truck is 9 years old, in good shape and has never been wrecked or repaired until now. Due to the age, the paint was oxidized in some places on the truck other than where the damage occurred. While they have accepted... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 22, 2020

With all due respect, at nine years old chances are it's value is diminishing anyway, so a repaint won't matter. You can ask them to repaint the whole, but if the paint is going anyway, you may want to see if for a few dollars they will do the whole truck.

1 Answer | Asked in Consumer Law, Collections and Elder Law for Texas on
Q: No one responded to my question so I'll ask it again. Am I responsible for my late mother's debts?

Mom had been in and out of hospitals, nursing homes before she passed. However, she did owe because insurance, medicare didn't pay. In fact the last nursing kicked her out because insurance ran out.

Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 20, 2020

No. Your mother's estate is responsible. You are not. However, you can not inherit anything until the debts have been paid.

1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: Am I responsible to pay subcontractor after 6 months if I paid the contractor in full

The brick subcontractor was paid short about 7400 of 29,000. He contacted me 5 months after his work was completed. I have already paid the contractor in full and now the contractor won’t return my calls. The subcontractor filed a suit in small claims Parker county.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 15, 2020

Although this sounds like a dispute between the primary contractor and his sub-contractor (the bricklayer), the result might become a big problem for you--if the bricklayer files a mechanic's lien against your property. Whether or not they can do that lawfully is beyond the scope of this... Read more »

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