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Utah Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Personal Injury, Tax Law and Stockbroker Fraud for Utah on
Q: Law suit or cash payment..HELOC check acceptable?

My boyfriend wanted to help me invest my portfolio. I gave him access but with stipulations that we were to talk about each position and I would okay them. I also told him I did not want to lose more than 2500$ of the original 10 k we talked about. He was to always put stops or trailing stops to... Read more »

Wesley Winsor
Wesley Winsor answered on Apr 7, 2020

He basically gave you a gift. Don't worry about taxes. Gifts are not taxed. You do not need to worry about taxes.

Wes

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Landlord - Tenant for Utah on
Q: I HIRED A guy for home improvments 1200.00 up front. said he could park his trailer on property untill he finishes,

one month ago he has made, no progress bought no materials, and is using the garage as a storage unit, i never allowed use of garage. i want him gone i want to move his stuff to storage for 30 days like i would a tenant who has left there things behind. i would call this theft by deception for... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Apr 4, 2020

You need an attorney who practices eviction and real estate law.

1 Answer | Asked in Consumer Law, Personal Injury, Business Law and Federal Crimes for Utah on
Q: This may be stupid but i have to know, Can I sue McDonald's and Other Companies Involved in Monopoly?

I am finding out for the 1st time EVER that the monopoly games were fixed and I am devastated! As a young woman,teenager, &single mom, i spent every bit of my weekly allowance, money earned from babysitting, mowing yards, odd jobs,and money from my 1st waitressing job on the monopoly game. EVERY... Read more »

Wesley Winsor
Wesley Winsor answered on Mar 30, 2020

When you say that the monopoly game was fixed, I am not sure understand. Did they misrepresent anything? Did you read their fine print of the rules and find out that they were lying? If so they could be liable. If you thought your chances of winning were better than what McDonalds represented... Read more »

1 Answer | Asked in Consumer Law and Criminal Law for Utah on
Q: I have a class a mis warrant in Utah and I lost my DL. Can I be arrested at the DMV if I go get another one?

Warrant is for 1st intensive probation violation

Brent J Huff
Brent J Huff answered on Feb 12, 2020

Technically a person can be arrested anywhere because a warrant is a judicial command to any law enforcement to arrest that person. Whether an officer at the DMV is likely to execute a warrant is hard to say. But, if DMV suspended a license due to a warrant, and the warrant still exists, it seems... Read more »

1 Answer | Asked in Consumer Law and Internet Law for Utah on
Q: I purchased a woman’s bracelet online and when I received it in the mail and it was not as described on the website,

I would like to sue them but don’t know where to begin.

Tim Akpinar
Tim Akpinar answered on Nov 2, 2019

A Utah attorney could answer you best, but your question remains open for two weeks. Before jumping straight into suing, which could be costly, you could think about other approaches. Is there any possibility of resolving things through customer service or arranging a refund or exchange? If not,... Read more »

1 Answer | Asked in Consumer Law, Contracts, Business Law and Communications Law for Utah on
Q: If I unknowingly signed a DocuSign Contract for my boss's company (that I am in no way authorized to sign) is it valid?

My boss told me to cancel his Waste Management service because his monthly trash bills were ridiculously high. I contacted them and told them I needed to cancel the service because it's too expensive. We have another provider that will do the same service for 100's less per month. They transfered... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

I do not practice law in Utah--but I am very well aware of how easy it is these days to trick people into doing something they never intended to do. However, that said, I also know how easy it is for THE BUSINESS (not you) to hire lawyer to take up the business' mantle and push back at corporate... Read more »

1 Answer | Asked in Consumer Law and Criminal Law for Utah on
Q: I bough a bike the disputed it now merchant want to charge me as fraud

I bought a bike with a local bike shop. After a week it starts to become defective the handles bars would come me off and the break lines snapped I tired to have the merchant fix it but new problem keeps on coming. I finally decided I want to return the bike and the merchant refused I also asked if... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 15, 2018

An attorney looking at these facts might ask for further details. A Utah attorney who handles such matters could examine all statements/written evidence from you and the merchant to determine whether the elements of fraud, as alleged by the merchant, were met.

Tim Akpinar

1 Answer | Asked in Consumer Law and Criminal Law for Utah on
Q: If I'm from Wyoming and I'm 18 can I use my vape in utah, which has a purchasing age of tobacco of 19.
Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Aug 4, 2018

No. Smoking is illegal until you are 19 in Utah.

1 Answer | Asked in Bankruptcy and Consumer Law for Utah on
Q: I was served I responded they never filled. I was served again. What are my rights?
Michael Sundwall
Michael Sundwall answered on Jul 20, 2018

Sounds like you were served with a 10-day summons. The plaintiff can you use a 10-day summons to serve a lawsuit (summons & complaint) without having to pay the court filing fee. Once the papers are served, the plaintiff has 10 days to file a lawsuit. The summons should have stated on it that you... Read more »

1 Answer | Asked in Consumer Law, Animal / Dog Law and Small Claims for Utah on
Q: Am I entitled to a refund or reimbursement of vet expenses for a puppy I bought with undisclosed health problems?

We bought a 6 month old puppy through KSL classifieds two months ago. We took her in to be spayed two weeks later and learned that she had a severe bladder infection along with blatter stones and crystals. The cost of diagnosis and treatment exceeded the cost of the puppy. On top of that, we... Read more »

Wesley Winsor
Wesley Winsor answered on Jun 8, 2018

Hi,

I am sorry for your situation. Utah is a buyer beware state. There are some enhanced duties if the seller is a "merchant" meaning that they do this for their profession, but unless he actively hid it from you or represented that the puppy definitely did not have eptopic ureter then I...
Read more »

1 Answer | Asked in Contracts and Consumer Law for Utah on
Q: Can I cancel an extended warranty on a used car I purchased six days ago?

I feel I was sold this service contract under time pressure, and after further research and considering the situation, I feel I don't need it, don't want it, and I cannot afford it. The service contract (extended warranty) was brought up only during the final signing of the paperwork, and we had... Read more »

Wesley Winsor
Wesley Winsor answered on Jan 29, 2018

I can't speak generally about these types of agreements, I would have to read the contract to give you a good answer. The terms of the extended warranty agreement will be in there. Look for the clauses that talk about termination of the agreement.

Sorry, I can't be more help.

Wes

1 Answer | Asked in Business Law, Federal Crimes, Identity Theft and Consumer Law for Utah on
Q: What are the penalties for using phone numbers for marketing purposes--when the numbers are protected from such use

TransUnion provides a service for organizations to look up information about existing customers. Unfortunately, this service can also be used to look up thousands of random individuals, and some companies may even TransUnion's services to create a cold-calling list. However, the use of this... Read more »

David Humphreys
David Humphreys answered on Oct 16, 2017

if consumer credit reports are being pulled from Credit Reporting Agencies and used for cold calling customers by phone, that would be a willful violation of the Fair Credit Reporting Act. Their is a statutory damage provision for damages up to one thousand per person. Whistelblowers have rights... Read more »

1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Real Estate Law for Utah on
Q: If a car dealership is to tear down a neighborhood, would the seller be required to disclose before selling?

Just found out, AFTER purchasing the home that a dealership is scheduled to tear down homes around mine. This will bring the value of my home down tremendously, and it was not disclosed prior to me purchasing the home.

Wesley Winsor
Wesley Winsor answered on Aug 2, 2017

Unfortunately for you, no. Although, sellers will typically provide a "seller's disclosures" they are not legally obligated to do so. If they did provide a "seller's disclosures" and proactively said that they were not aware of any major changes to the neighborhood when if fact they did know... Read more »

1 Answer | Asked in Business Law, Collections and Consumer Law for Utah on
Q: How many calls and texts from a company does it go to harassment? This company will call and text up to 4 or more times.
Wesley Winsor
Wesley Winsor answered on Aug 1, 2017

I can only assume that you are talking about debt collection. If that is the case, then here is some information, section 806(3) of the Fair debt collection practices act states:

3. Multiple contacts with consumer. A debt collector may not engage in repeated personal contacts with a...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Legal Malpractice and Small Claims for Utah on
Q: Can I take legal action against a pawn shop that gave me false information?

I paid $1000 for a diamond wedding ring from Zales. We were in a desperate situation and needed cash fast. We looked into Pawning the ring but they said it was only worth $100 and that they could only sell it for $300 at most. They told us we were lied to about the value from where it was... Read more »

Wesley Winsor
Wesley Winsor answered on Jun 30, 2017

Hi,

First off, let me say I am sorry for the situation. This can be extremely frustrating especially if there is sentimental value attached to the item.

I am assuming you sold the ring rather than pawned it (you got a loan from them using the ring as collateral). If that is the...
Read more »

1 Answer | Asked in Contracts and Consumer Law for Utah on
Q: I took out a loan from check n go on 12/28/2016. I was told that my 1st payment would be due on 3/1/2017. The contract

had a payment date of 3-1 and on the finalization checklist it was also handwritten as 3-1. However, it also stated the first payment would be due on 2-1-2017 which neither of noticed. On 1-30-2017 Check n go called and stated that manager was new and she made and error on the date. She also... Read more »

Wesley Winsor
Wesley Winsor answered on Apr 28, 2017

It sounds like you have a strong case for whatever damages you suffered because of their premature debiting of your account. This could be as little as insufficient funds fees from your bank, filing fees for the law-suit, and attorney's fees if any.

Ambiguities in a contract are typically...
Read more »

1 Answer | Asked in Consumer Law and Estate Planning for Utah on
Q: My Partner and I are JT-only he is on loan. I am executor and sole beneficiary in will. Can I keep the loan when he dies
Paul Waldron
Paul Waldron answered on Mar 5, 2017

You can, it just depends on whether the bank finds out and demands that there be a refinance or assumption of the mortgage. I have seen where the mortgage company did nothing for years because the house payment continued to be made.

1 Answer | Asked in Consumer Law for Utah on
Q: I just recently purchased a car from a dealership. If they change the contract can i refuse to sign the amended copy?

The vehicle was purchased on 2/21/2016 I signed a contract detailing an auto loan between 19-21% I belive they are sending me an amended agreement. If the terms are no longer agreeable what are my options?

Brian K Jackson
Brian K Jackson answered on Mar 16, 2016

They would still be bound to the other terms of the first agreement if you don't agree to the new amendment.

1 Answer | Asked in Uncategorized, Consumer Law and Contracts for Utah on
Q: Leased a vehicle two months ago. The Transmission went out. Who should pay for the cost?
Adam Studnicki
Adam Studnicki answered on Feb 16, 2016

The lease agreement should be reviewed.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem...
Read more »

1 Answer | Asked in Consumer Law for Utah on
Q: how do I prove that someone added wording to a contract after I signed?

I recently signed a contract for a gym. But after being emailed the copy I noticed that he had written stuff that was not previously in the contract including date I would be billed. I was told I had 30 days no payment no cancellation fee. Then if after 30 days I wanted to continue I would be... Read more »

Brian K Jackson
Brian K Jackson answered on Jan 8, 2016

Do you have the original contract or the one they just e-mailed you? If you don't have an original, you could probably still prove that he added an amendment with your authorization if you didn't initial the amended portion.

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