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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 Consumer Law and Collections for California on
Q: What to do if a discovery request was received 30 days after they say they sent it?

I received a discovery request on a debt collection lawsuit on May 4, 2024 by an opposing Counsel, representing JPMorgan Chase Bank. The date on the discovery request is April 4, 2024 and the proof of service also states April 4, 2024 by mail though they have sent it with regular post (and not... View More

James L. Arrasmith
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answered on May 4, 2024

Given that you received the discovery request after the stated response deadline, you have a few options to address this situation:

1. Contact the opposing counsel: Reach out to the opposing counsel and explain that you received the discovery request on May 4, 2024, which is past the...
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1 Answer | Asked in Civil Rights and Consumer Law for New Jersey on
Q: I’m trying to find an attorney to consult with regarding discrimination at chase bank?

They closed all my accounts and refuse to return funds due to a registered phone number.

Madeline Houston
Madeline Houston
answered on May 3, 2024

There are a number of federal and state consumer protection statutes that might apply to your situation depending on the specific facts. If indeed there is evidence that a bank improperly closed your accounts and withheld funds it had no right to these laws could provide you the ability to... View More

1 Answer | Asked in Consumer Law and Contracts for Colorado on
Q: I hired a shop to restore a classic Mustang - they have been paid 120K and won't finish the job? What is my recourse?

With the last payment of 10 K, I told the shop owner that this is the last check, that if there is any balance, I would pay that when I pick the car up Originally, the owner of this shop told me the restoration would be between 70k and 100k- Were now over 135k (i've paid for parts) I... View More

Michael Joseph Larranaga
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answered on May 3, 2024

Reach out to an attorney. Unfortunately, car shops are not famous for their use of clear service contracts. If you agreed upon a price you may be able to enforce it. More likely, you agreed to pay an hourly rate. Either way, you may need to consider taking the car back and taking it somewhere else.

1 Answer | Asked in Consumer Law for North Carolina on
Q: Can I sue a company for false advertising by sending me a email saying I won money and as I read it then says I may have

I received some emails stating I won with the amount but it was false advertising

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 3, 2024

You could, but you will not win. You have no damages, because you realized the ad was misleading. You also could not file a lawsuit like this in small claims, you would have to file in District or Superior Court which means hiring an attorney. It would be difficult to get an attorney to handle this... View More

1 Answer | Asked in Consumer Law, Contracts and Car Accidents for Florida on
Q: What are my options if my GAP insurance doesnt want to Cover my Balance after a total loss in FL?

I was in an accident and received no citations but my car was declared a total loss. I was promised no storage fees from the body shop my vehicle was held in while waiting for a decision from insurance. They ended up chsrging over $5k in storage fees which my insurance then deducted from the... View More

Linda Liang
Linda Liang
answered on May 3, 2024

Unfortunately, this does happen. The storage facility will charge storage and unless you got the promise that there were not going to be storage charges in writing it will not be binding. GAP Insurance ordinarily covers the “gap” between what is owed in the vehicle and the fair market value the... View More

2 Answers | Asked in Consumer Law and Agricultural Law for California on
Q: In plan English what is the law against shipping yeast nutient to California and why? Besides Ca. Being a BS. State
James L. Arrasmith
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answered on May 3, 2024

There are restrictions on shipping yeast nutrient products to California due to state regulations. The primary reason is that California has stricter environmental and health safety laws compared to many other states.

Yeast nutrients often contain ammonium salts like diammonium phosphate...
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1 Answer | Asked in Consumer Law for Rhode Island on
Q: How does a lawyer sue a company for lost package

how does a lawyer sue a delivery company for lost package

James L. Arrasmith
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answered on May 2, 2024

A lawyer can sue a delivery company for a lost package on behalf of their client by following these general steps:

1. Gather evidence: The lawyer will collect all relevant documentation, such as the shipping contract, tracking information, proof of value, and any correspondence with the...
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2 Answers | Asked in Consumer Law, Business Law and Civil Rights for California on
Q: How do you get a refund after the Auction you bought a car from hasn’t delivered the car after 6 weeks?

We have a Car Hauling business and with the purpose of growing it, we bought a 2017 RAM 3500 from Global Auto Auction online, a company that sells cars from COPART, on March 14th, 2024.

During the phone conversation Vini was having with the Auction manager Jerry, while biding on the car, he... View More

James L. Arrasmith
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answered on May 2, 2024

I'm so sorry to hear about the terrible experience you've had with Global Auto Auction failing to deliver your purchased vehicle as promised. That must be incredibly frustrating, especially as it's negatively impacting your own business operations.

Under California law, you...
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1 Answer | Asked in Consumer Law and Collections for New Jersey on
Q: i live in new jersey but want to sue a company in san bruno, california. do i have to go to CA. to file?

In October 2023, I found $72.99 unauthorized charges on my bank statement. Bank advised cancelling the card. Later, discovered more unauthorized withdrawals from YouTubeTV, totaling $291.96. Despite bank's provisional credits, YouTubeTV didn’t refund, leaving negative balance. Months of... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 2, 2024

You can file in California, if the terms of service of YouTube TV allow you to sue at all. There may be a mandatory arbitration provision. You are not going to be able to recover for the things you mentioned. You can recover for the money that you are actually out - around what, $400?

1 Answer | Asked in Lemon Law and Consumer Law for Oklahoma on
Q: What can I legally do about a lemon car?

I bought a 2017 Ford Edge Titanium from a car lot in Ardmore, Ok, on June 6, 2023. A week later, the check engine light came on and I had to take it to the shop. It broke down again a couple of times, with the engine needing to be replaced, leaving me without a vehicle for three months. The... View More

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

The Lemon Law only applies to new motor vehicles during the warranty period or for one year from the date of the sale of the vehicle to its first end user.

Used cars with 116,051 are commonly sold as-is, although some dealers may offer after-market extended warranties to used car buyers.

1 Answer | Asked in Consumer Law and Health Care Law for California on
Q: I was admitted to a hospital and was taken out of my room deceitfully by 2 men. Any action to be taken against the hospi

I was admitted to a hospital and was taken out of my room deceitfully by 2 men. Any action to be taken against the hospital?

James L. Arrasmith
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answered on May 2, 2024

I'm sorry to hear about your disturbing experience at the hospital. If you believe you were improperly removed from your room against your will, there are steps you can take:

1. File a complaint with the hospital: Contact the hospital's patient advocate or patient relations...
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1 Answer | Asked in Consumer Law and Construction Law for Maryland on
Q: A contractor charged me for fencing panels but installed pickets instead--isn't "bait and switch" illegal?

I do not believe he is licensed. He has a LLC. I have searched the internet and his company does not come up or his name. Yet he is telling everyone he is licensed. He built a deck for my neighbor and did a great job. I reviewed all his work on FB and everyone seemed satisfied. However, the... View More

Scott Scherr
Scott Scherr
answered on Apr 30, 2024

It is a crime for an unlicensed contractor to work without a license. If he is not licensed, you can file criminal charges and ask for a refund as restitution.

If he is licensed, you can filed a complaint with the home improvement commission.

You also could sue him for damages.

2 Answers | Asked in Consumer Law and Contracts for California on
Q: can i do this

"1","Identify Credit Report Errors:

- Regularly check your credit reports.

- If any errors are detected, identify the lender or company and the precise issue."

"2","Dispute Credit Report Errors:

- Write a detailed letter to the... View More

James L. Arrasmith
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answered on Apr 30, 2024

Hi there! Here are a few key points related to your question:

Checking Credit Reports:

- You have the legal right to obtain a free copy of your credit report from each of the three major credit bureaus (Equifax, Experian, TransUnion) once every 12 months. Regularly reviewing your...
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2 Answers | Asked in Consumer Law and Contracts for California on
Q: can i do this

"1","Identify Credit Report Errors:

- Regularly check your credit reports.

- If any errors are detected, identify the lender or company and the precise issue."

"2","Dispute Credit Report Errors:

- Write a detailed letter to the... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 29, 2024

Thank you for asking the question!

Yes, you can do all "1","2", "3." You need to dispute the errors with each credit reporting agency separately.

Also, there are attorneys that can work on your credit score after incidents such as bankruptcy....
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2 Answers | Asked in Consumer Law and Contracts for California on
Q: thank you

Could you advise on the appropriate steps to take when encountering resistance from an auto lender regarding concerns such as failure to address credit report violations and other requested actions, despite providing only a copy of the contract and neglecting other obligations? Additionally, they... View More

James L. Arrasmith
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answered on Apr 29, 2024

If you are facing resistance from an auto lender in California regarding credit report violations, unmet obligations, and potential issues with the contract itself, here are some steps you can consider taking:

1. Document all communications: Keep detailed records of all correspondence with...
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1 Answer | Asked in Consumer Law for Florida on
Q: I'm trying to find the appellate law referring to not just an atty appearing in mediation but also the client.

per rule 1.710 Fl rule civil procedure, not only atty but also the client MUST appear, but my opponents atty say they only will appear.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 29, 2024

I believe you are mis-reading Florida Civil Rule 1.720 (b). The phrase "deemed to appear" doesn't REQUIRE both the client AND the attorney to appear. The filing of a confirmation of authority required under subdivision (e) would solve any problem; see subdivision (f).

1 Answer | Asked in Consumer Law and Small Claims for California on
Q: My mother is 86 & has dementia. Since 2019 Xfinity has taken advantage of her. The total amount is over $8500, help her.

Since then I tried to resolve the situation they triple charged her & cut off her cable, internet & phone. Even though her mind is completely here there is no way this company should get away with this. I want justice for her & her account restored. Please me accomplish this for her.

James L. Arrasmith
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answered on Apr 29, 2024

Under California law, if you believe that your mother has been unfairly charged or taken advantage of due to her dementia, you can take several steps to address this issue. First, you might consider contacting Xfinity directly to dispute the charges. It's important to keep detailed records of... View More

1 Answer | Asked in Consumer Law and Contracts for California on
Q: Can I still cancel these services?

I purchased a Vehicle with options i.e., maintenance package, wheel protection, vehicle service agreement, there is a section on the documents stating I can cancel with in the first sixty day, for a full refund. I have not started paying for the vehicle or service.

James L. Arrasmith
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answered on Apr 28, 2024

Under California law, if your purchase documents explicitly state that you have a 60-day window to cancel certain services for a full refund, you should be able to cancel these services within that timeframe. This typically includes add-ons like maintenance packages, wheel protection, and vehicle... View More

1 Answer | Asked in Consumer Law and Small Claims for Oregon on
Q: I have a debt collector threatening to sue me for a medical bill that has occurred in 2006.

Can he do this even though the statue of limitations has expired?

Gregory L Abbott
Gregory L Abbott
answered on Apr 28, 2024

IF the Statute of Limitations has truly passed (likely but depends upon the details), then not only do they likely not have a case, but you may have unfair debt collection practices claims against them. Beware. A common tactic is to try to get you to pay something - even just a few dollars "to... View More

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