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Texas Consumer Law Questions & Answers
1 Answer | Asked in Civil Rights and Consumer Law for Texas on
Q: Basis for Jurisdiction Is a Federal Question do violations of Manufactured Housing Standard Act and DTPA go there?
John Michael Frick
John Michael Frick
answered on Dec 10, 2024

The "National Manufactured Housing Construction and Safety Standards Act of 1974" is a federal act so questions concerning its interpretation and enforcement likely give rise to federal question jurisdiction. But, be aware that the Act contains a lot of provisions that are enforceable... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Construction Law for Texas on
Q: Is a homeowner responsible for extra material cost if the contractor under estimated the materials required to finish?

I received quotes for a new roof and to have the attic insulated. The contractor first did a detailed survey of the roof and how the house was constructed. When it was time for the contractor to look at the insulation job, I showed the contractor the attic location for largest section of attic. (I... View More

John Michael Frick
John Michael Frick
answered on Dec 4, 2024

First, it depends on whether your contract was a cost-plus or a fixed-price contract. If it was a cost-plus contract, then you are clearly responsible for the additional materials cost.

If it was a fixed-price contract, it depends on the scope of work contained in the contract. If the...
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1 Answer | Asked in Consumer Law and Banking for Texas on
Q: When the client of a lawyer requests a copy of his file, is lawyer required to supply that either hard copy or digital
John Michael Frick
John Michael Frick
answered on Nov 18, 2024

Yes. Whether the file is maintained as a hard copy file or in electronic format, the lawyer is required to provide the client's file to the client upon request.

A lawyer is not required to keep a copy of the client's file after the engagement has ended. The lawyer is required to...
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1 Answer | Asked in Consumer Law for Texas on
Q: Can I sue Cash America and EZ Pawn for using rigged tools to measure diamonds?

Pawn shops use rigged measuring tools to purposely inaccurately measure precious stones and give you the lowest amount possible so they can sell for higher

John Michael Frick
John Michael Frick
answered on Oct 18, 2024

Yes. If you went to one of those pawn shops to sell your diamond and they used rigged tools to inaccurately measure those diamonds and gave you a lower amount, you can likely sue for the difference and potentially for additional damages up to twice that difference under the Texas Deceptive Trade... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for Texas on
Q: Who do I get to help me to make my landlord from the apartment complex go over her ledger because they're charging to mu

Charging me too much for late fees they have their computer that is not updated and they keep on charging and charging

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

Your landlord cannot charge you late fees unless you are late as described in your lease agreement. How often the landlord updates their computer is irrelevant to this determination. If your rent is due on the 1st and you pay your rent on the 1st, it doesn't matter when they input that... View More

1 Answer | Asked in Consumer Law and Criminal Law for Texas on
Q: Hi a friend of mine just put a down payment on a car and made some payments but she missed one payment a few days ago

And due to financial situation she wasn't able to pay the one payment and now a few days later they have sent a text message saying they're going to arrest her for stealing the car. Is that a scam or can they really arrest her for missing one payment.

John Michael Frick
John Michael Frick
answered on Oct 2, 2024

No they cannot arrest her for failing to make a car payment on a car she bought. They can, however, repossess the car if they properly recorded a lien against the car.

They could only arrest her if she stole a car registered in their name. When you buy a car, you (or the dealer) must...
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1 Answer | Asked in Consumer Law and Child Support for Texas on
Q: Question about Texas attorney general and reporting child support to the credit bureau.

Is it legal for the attorney general in Texas to report child support as late or delinquent randomly or prior to the date that the payment is ordered to be made?

Let's say payment is due the 24, and is paid. The next month on the 24 is missed, and within a month they report you as 30... View More

John Michael Frick
John Michael Frick
answered on Aug 26, 2024

The Texas OAG is required by law to report child support to the credit bureaus. If they made a mistake, you can file a dispute with the credit bureau to have the mistake corrected, just like with any other creditor. I note that child support is almost always due on the first day of each month.... View More

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Construction Law for Texas on
Q: What should I do if I paid a contractor 100% upfront and they have not done any work and they filed bankruptcy?

I paid a contractor 100% upfront. It's been 8 months and they have not done anything. Now I received notice they filed for bankruptcy. Upon further investigation, they have close to 200 creditors, less than $1M in assets and owe $10M. How can I either get them to do the work or give me my... View More

John Michael Frick
John Michael Frick
answered on Aug 21, 2024

Construction payments are trust funds if they are made to a contractor under a construction contract for the improvement of real property in Texas. The contractor is a trustee of those funds until they are earned as provided by the contract and paid or disbursed from the construction account. As... View More

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1 Answer | Asked in Consumer Law for Texas on
Q: I have a shed that I hadn’t made any payments on for a few months they took off my fence and took the shed

They didn’t put the fence back what can I do

John Michael Frick
John Michael Frick
answered on Jul 26, 2024

You can hire a fence contractor to replace your fence or you can do it yourself. If they can successfully sell the shed and recover more than the amount you owe plus the cost of repossession (including the removal of the fence) and cost of the sale, you may be entitled to any additional proceeds.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Banking for Texas on
Q: I am one day away from closing on a home, but underwriter denied the loan .how can i get my earnest money deposit back ?
John Michael Frick
John Michael Frick
answered on Jul 2, 2024

If your earnest money contract included the standard Third Party Financing Addendum and the box at the top of section 2 A is checked, obtaining Buyer Approval by the financing entity was a condition precedent and you are entitled to give notice within the days specified in that section terminating... View More

1 Answer | Asked in Lemon Law and Consumer Law for Texas on
Q: Ancira sold new car to me but to wait for shipping from other state but I found doc it was here all along - fraud?

After signing bill of sale got approval of credit my bank financing I find online doc through DMV for efile of vehicle test detail mytxcar.org the car was here prior to my going to dealership_ and my history report states " title brand" through tax office here.

John Michael Frick
John Michael Frick
answered on Jun 25, 2024

Was shipping the vehicle from another state a "material" part of your agreement, or was it only incidental? Fraud typically involves a misrepresentation of a MATERIAL fact. Did you justifiably rely on the vehicle being shipped from another state for some reason? How did that reliance... View More

1 Answer | Asked in Consumer Law for Texas on
Q: Do I have to pay for repairs on my bicycle if they broke my bike

I took my bicycle in for repairs and they said it fell over and broke a part

James L. Arrasmith
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answered on Jun 15, 2024

If you took your bicycle in for repairs and the shop damaged it by letting it fall over, you should not be responsible for paying for the damages they caused. Generally, repair shops have a duty of care to protect customers' property while it's in their possession. If they failed to do... View More

2 Answers | Asked in Internet Law, Consumer Law and Criminal Law for Texas on
Q: Can you help me? I've been scammed trying to buy a 2018 Nissan Altima for $2,500, since May 21st. I paid $2,815.

Since May 21st. I am out of $2,815, trying to purchase a 2018 Nissan Altima for $2,500, I was promised a $2,815 refund at delivery. Now they are requesting an additional $1,200, it is always some new money request.

My Goal is compensation and/or exposing this situation.

I paid.... View More

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

This sounds a lot like a scam and you should notify law enforcement, Zelle, and CashApp.

In an ordinary purchase of the used car, you would pay the money to the Seller, the Seller would sign the title over to you, and you would take possession of the vehicle and title. If you were...
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2 Answers | Asked in Internet Law, Consumer Law and Criminal Law for Texas on
Q: Can you help me? I've been scammed trying to buy a 2018 Nissan Altima for $2,500, since May 21st. I paid $2,815.

Since May 21st. I am out of $2,815, trying to purchase a 2018 Nissan Altima for $2,500, I was promised a $2,815 refund at delivery. Now they are requesting an additional $1,200, it is always some new money request.

My Goal is compensation and/or exposing this situation.

I paid.... View More

James L. Arrasmith
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answered on Jun 8, 2024

I'm so sorry to hear that you've been the victim of this scam. Unfortunately, these kinds of car buying scams are all too common. Based on the details you provided, this sounds like a classic advance-fee scam where the scammer keeps demanding more and more payments for bogus fees and... View More

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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.

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