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Texas Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Texas on
Q: What can I do about this employee taking away perks and messing up my cell plan because I didn’t want to buy her “deal”?

I have a mobile plan with *****. I went into the store to get a new phone because I had an upgrade. In my account on the mobile website there was a deal for a free phone. I went into the store to get that deal, set it up, and pay whatever fees I needed to pay. The woman there was trying to do... View More

John Michael Frick
John Michael Frick
answered on May 20, 2024

Given the extremely small amount of money involved, this is more of a customer service issue than a legal issue. If I were you, I would contact the customer service department of your mobile service provider. Make sure you correctly report to the CSR the name of the employee with whom you dealt,... View More

1 Answer | Asked in Consumer Law for Texas on
Q: Is an automotive service shop liable for damage that occurred to a vehicle due to pre-existing issues prior to the shop

The damage happened after the vehicle left the shop and was caused by issues that existed prior to the vehicle entering the shop. The shop employees noticed the issue, but did not notify the customer

John Michael Frick
John Michael Frick
answered on May 20, 2024

If you hired the shop to perform an inspection that would have revealed the pre-existing issue and the shop failed to notify you of the condition that they discovered in performing the inspection, then you may have a claim against the shop for breach of contract or for breach of the implied... View More

1 Answer | Asked in Small Claims and Consumer Law for Texas on
Q: Can I sue my mechanic for not fixing my vehicle

The mechanic has had my car for two years this august he only has one worker on it the worker has been hospitalized 3 different times while working on my car I’ve paid him the money in advanced I don’t owe him a dime and they still can’t seem to figure out what’s wrong with it and have just... View More

James L. Arrasmith
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answered on May 19, 2024

Based on the information you've provided, it seems like you may have a case against your mechanic for breach of contract, negligence, or even fraud. Here are a few things to consider:

1. Contract terms: Review any written agreement or invoice you have with the mechanic. If they've...
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1 Answer | Asked in Consumer Law and Civil Litigation for Texas on
Q: Hi there,I was wondering if somehody could determine the likely outcome for this scenario.

A university or professor sues a student for posting a test onto a course sharing website for copyright infringement. During the proceeding, the professor or university wants to subpoena the identity of the poster and viewers of the test that poster posted; would this subpoena be granted? Would it... View More

Michael I. Leonard
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answered on May 4, 2024

In the context of a civil lawsuit, a Subpoena for the production of documents is only needed if the intended recipient of the Subpoena is NOT a party to the lawsuit. Otherwise, if the documents are being sought from a party to the case, then a Request for Production of Documents would instead be... View More

1 Answer | Asked in Banking, Business Law, Consumer Law and Contracts for Texas on
Q: BCHAPTER III - CREDIT REPORTING AGENCIES Sec. 1681i - Procedure in case of disputed accuracy.. how to check

I might have a case for this but I wanna make sure...

Matthew McKenna
Matthew McKenna
answered on Apr 26, 2024

In order to get procedures from a credit reporting agency, you'll likely need to sue them and ask for the procedures in discovery. They will likely only hand them over under a protective order. I would contact a consumer protection attorney that is familiar with the Fair Credit Reporting Act.

1 Answer | Asked in Business Law, Contracts, Consumer Law and Small Claims for Texas on
Q: Where do I file a small claim against a corporation headquartered in Ohio but conducts business in Houston, Texas

The Company is Divisions Maintenance Group in Ohio but operates a handyman app that provides a job load board for technicians anywhere in the nation. As we perform maintenance jobs for businesses in our local region, the businesses pay Divisions Maintenance Group for our services, and we get paid... View More

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

In justice court, a suit on an oral or written contract for labor actually performed may be brought in the county and precinct where the labor was performed. TCPRC 15.092. So in the JP court for the precinct where the Sam's Warehouse where you performed the services is located.

1 Answer | Asked in Consumer Law for Texas on
Q: dealership sold me a car with a salvage title and did not tell me nor did they give me the salvage title.

They gave me the original title to car thetefore i was denied a title in my name. We paid cash for the car and paid top dollar $12,000 they also sold us a type of after matket warranty on it, that would be invalid if we had tried to use it. I live in Texas and bought car in Louisisna. It's... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2024

Because this appears to be a used car, the Lemon law doesn't apply. You should contact an attorney in or near the parish in Louisiana where you purchased the car to pursue a claim against the dealership. They should have disclosed that the vehicle had a salvage title and should have provided... View More

1 Answer | Asked in Civil Litigation, Consumer Law, Elder Law and Libel & Slander for Texas on
Q: How do I find lawyers to sue local MLS and big RE agency, who demand fee from me to disparage my premier property?

Recent national class-action success against these providers is probative as admission but of no avail to my class or me individually, with unique and actual damages worth $350,000 plus treble that amount for DTPA violations.

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

You should search in Justia for a lawyer in or near the county where your property is located with experience in real estate litigation and perhaps defamation cases depending upon what you mean by "disparaging" your property.

Unlike other types of cases--especially personal...
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1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: We are sued in MO I need a general denial form and form to change jurisdiction to Texas our company is in TX,

the contract with client states that she can only bring suit in Teas but we need to answer this law suit before we get a judgment I do not where I can find these forms

John Michael Frick
John Michael Frick
answered on Mar 19, 2024

A company can only appear in legal proceedings through a licensed attorney. You don't need a form; your company needs a Missouri attorney to represent it in the lawsuit filed against it in Missouri. Even if you were to present a form, unless you are a licensed Missouri attorney, it likely... View More

1 Answer | Asked in Consumer Law for Texas on
Q: What to do with that unfair business model of ashleyfurniture.com?

I ordered a set funiture from ashleyfurniture.com part of the set received damaged.got promised for a replacement. Replacement couldn't be done. I asked for returned because they can't fulfill my order. They refused and said they don't get funiture back after delivered. After alot... View More

John Michael Frick
John Michael Frick
answered on Mar 12, 2024

I'm sure this experience has been frustrating for you.

First and most important, do not discard the furniture you wish to return. Store the furniture in a safe place where it will not sustain any further damage.

Second, document how the furniture was damaged from water,...
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2 Answers | Asked in Consumer Law and Small Claims for Texas on
Q: I’ve been scammed and the merchant is refusing refund. I would like to sue them in small claims , which category is that
James L. Arrasmith
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answered on Mar 20, 2024

If you've been scammed and the merchant is refusing a refund, taking them to small claims court is a possible next step. In small claims court, cases typically fall under the category of civil disputes. This usually involves personal or business conflicts over money or services, such as... View More

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1 Answer | Asked in Consumer Law for Texas on
Q: Do U have recourse with a vehicle you bought new, now has 7000 miles/5 years old currently having several problems?

Purchased a new Audi in 2019, it has had several warning lights come on in the past few months. Is there any legal recourse I have for Audi (the dealership I purchased it from) to assess and repair the issues? Thanks!

John Michael Frick
John Michael Frick
answered on Mar 8, 2024

If the vehicle is still in warranty, you can take your car to the Audi dealership for an in-warranty repair. Audi's powertrain warranty (10 years/120,000 miles) includes your vehicle's engine, transmission, transaxle or transfer case, drive axle(s), and certain hybrid/ electric... View More

2 Answers | Asked in Contracts and Consumer Law for Texas on
Q: What to do when Solar Company will not remove the panels after falsifying the digital signature on the contract?

I have a property which my 75 yr old mother rents. This past November I noticed that solar panels had been installed on my property with out me knowing or authorizing any of that. Turns out the loan is under my mother's name which she is not the owner, I am also on the loan. By calling the... View More

John Michael Frick
John Michael Frick
answered on Mar 6, 2024

I recommend hiring an attorney in or near the county where the property is located to file a declaratory judgment action pursuant to Chapter 37 of the Texas Civil Practice and Remedies Code seeking a declaration that you are the owner of the property, that the solar panels were installed on your... View More

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2 Answers | Asked in Contracts and Consumer Law for Texas on
Q: What to do when Solar Company will not remove the panels after falsifying the digital signature on the contract?

I have a property which my 75 yr old mother rents. This past November I noticed that solar panels had been installed on my property with out me knowing or authorizing any of that. Turns out the loan is under my mother's name which she is not the owner, I am also on the loan. By calling the... View More

James L. Arrasmith
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answered on Mar 6, 2024

In situations like this, gathering all possible evidence is crucial. You should collect any documents, emails, or communication records related to the solar panels' installation and the loan agreement. It's important to document your mother's lack of authorization and ownership of... View More

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1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Civil Rights for Texas on
Q: If I paid for a package for real estate licensing but got sick with a chronic illness can I get a refund?

I purchased a real estate package course however I got diagnosed with a chronic illness and was not able to attend school. I do have documents some are from my attorneys who are helping me file a disability claim or an SSDI claim. I guess my question would be is it right practice for them to... View More

James L. Arrasmith
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answered on Feb 24, 2024

While it ultimately depends on the policies of the institution or company from which you purchased the real estate licensing package, many organizations have provisions for refunds or accommodations in cases of unforeseen circumstances such as illness or disability. Providing documentation of your... View More

1 Answer | Asked in Consumer Law for Texas on
Q: I am being sued by LVNV for $980 Capital One credit card debt and I am homeless. How do I handle this? Thank you.
John Michael Frick
John Michael Frick
answered on Feb 23, 2024

You can either file an answer or ignore it. An unsecured creditor can only collect a judgment from any non-exempt assets you may own. Texas exempts a wide variety of assets including up to $100,000 of personal property within certain specified categories. Most homeless individuals do not have... View More

2 Answers | Asked in Civil Litigation, Consumer Law and Education Law for Texas on
Q: got a degree in media advertising in 2010 and the following years it all went online, most of what I learned is useless

could I sue my University for this, I now have to pay all this student loans for something does not work anymore

Tim Akpinar
Tim Akpinar
answered on Feb 27, 2024

Without knowing additional details, I would agree with Mr. Frick. It's a given that course materials could become obsolete with new technologies. However, if certain representations were made to students, that could be a different story. Keep in mind that looking into such a lawsuit could... View More

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1 Answer | Asked in Consumer Law and Landlord - Tenant for Texas on
Q: Been in rv park in breham tx It has been paying on the 6th for 10 months. Under motel laws what are my tenants rights

I have been paying monthly for 8 months in the motels laws of Texas it states that after 30 days you are conceder a tenant and must be evicted

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

The answer to your question depends on whether you are a tenant or guest under your contract with the RV park. The question of whether RV occupants are tenants or guests is an important one and depends on the circumstances of the occupancy. In Texas, most RV parks operate like apartment complexes.... View More

2 Answers | Asked in Bankruptcy, Consumer Law, Car Accidents and Civil Litigation for Texas on
Q: How can I get a suspended license for a lien taken off of me? I can't get another DL in another state correct?

I was told to do an SR-88 but how can I lower the payment? It's also accruing interest which to me is ridiculous! I need suggestions. TIA

James L. Arrasmith
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answered on Feb 4, 2024

To address a suspended license due to a lien and prevent it from affecting your ability to obtain a driver's license in another state, it's crucial to directly engage with the agency or court that issued the lien. They can provide specific guidance on your situation and the steps needed... View More

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2 Answers | Asked in Bankruptcy, Consumer Law, Car Accidents and Civil Litigation for Texas on
Q: How can I get a suspended license for a lien taken off of me? I can't get another DL in another state correct?

I was told to do an SR-88 but how can I lower the payment? It's also accruing interest which to me is ridiculous! I need suggestions. TIA

T. Augustus Claus
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answered on Feb 1, 2024

To address a suspended license due to a lien, you'll typically need to satisfy the underlying debt or resolve the issue causing the suspension. Initiating an SR-88 form, also known as a Petition for Reinstatement of Driver's License, is a common step in this process. This form allows you... View More

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