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Consumer Law Questions & Answers
2 Answers | Asked in Consumer Law for Pennsylvania on
Q: If your a victim of insurance fraud, what should you do?
Tim Akpinar
Tim Akpinar
answered on Apr 7, 2024

Your question is concise, but it leaves the door open to various interpretations. It could mean an insurance carrier was deceitful in handling your auto claim, but it could mean other things as well. If you feel that you suffered monetary damages as a result and you are interested in pursuing the... View More

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2 Answers | Asked in Consumer Law, Contracts and Small Claims for California on
Q: Refund of down payment deposit at car dealership in California.

I am in California and paid 1000$ as a deposit to hold the car until I pay the reminder of the down payment. I backed out of purchasing the car. I signed the retail installment sale contract(553) but did not sign a Vehicle Purchase Agreement/Bill of sale nor take deliver of the car. Can I get a... View More

Leon Bayer
Leon Bayer
answered on Mar 27, 2024

I think you are entitled to sue the dealer, and file a complaint against the dealer with the DMV.

I believe that what you signed is not allowed to override California Code, Vehicle Code - VEH § 11736.

Small claims court is where you take this to sue.

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2 Answers | Asked in Consumer Law, Contracts and Small Claims for California on
Q: Refund of down payment deposit at car dealership in California.

I am in California and paid 1000$ as a deposit to hold the car until I pay the reminder of the down payment. I backed out of purchasing the car. I signed the retail installment sale contract(553) but did not sign a Vehicle Purchase Agreement/Bill of sale nor take deliver of the car. Can I get a... View More

James L. Arrasmith
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answered on Mar 27, 2024

Under California law, particularly under Vehicle Code Section 11736(c), you are generally entitled to a refund of your deposit before signing a vehicle purchase agreement and taking delivery of the vehicle. However, the specific terms of the retail installment sale contract you signed may... View More

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1 Answer | Asked in Consumer Law, Civil Rights and Small Claims for Nevada on
Q: Is the mechanic liable for your car while in his possession
James L. Arrasmith
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answered on Mar 26, 2024

When you hand over your car to a mechanic, they generally assume a certain degree of responsibility for it. This includes taking reasonable care to prevent damage or theft while it's in their possession. It's essential to understand that this obligation doesn't cover unpredictable or... View More

1 Answer | Asked in Consumer Law for Michigan on
Q: I bought a Motorcycle online and it was advertised on line as a higher end model than what it was actually.

Bluebook difference was about $700 difference. I didnt realize it until about 6 months later. I still have 2 screen shots of the advertisement. I called and complained in 2020 but didn't hear anything back after talking to a supervisor telling him i was not making any more payments until this... View More

Brent T. Geers
Brent T. Geers
answered on Mar 26, 2024

Consider talking with a consumer rights attorney who can advise you on what remedies may be available through Michigan's consumer protection act. I suspect though that once you accepted delivery of this motorcycle, and had it for at least 6 months before noticing anything, it may be difficult... View More

2 Answers | Asked in Consumer Law and Identity Theft for California on
Q: I was a victim of identity theft, my bank helped offenders opened a new account & made purchases & withdrawals.

Can they be held liable for negligence and for not protected me as a consumer?

James L. Arrasmith
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answered on Mar 25, 2024

Banks have a duty to implement reasonable security measures to protect customers' personal and financial information. If a bank fails to do so and this negligence leads to identity theft, the bank could potentially be held liable for the damages suffered by the victim. The key factor is... View More

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2 Answers | Asked in Consumer Law and Contracts for California on
Q: Are there laws in CA that protect consumers from undisclosed additional fees in lease a new car, ? Tks

Are there laws in California that protect consumers from undisclosed additional fees in purchase or lease contracts for new vehicles, which consumers may overlook before signing the contract? For example, I signed a new car lease and wasn’t informed upfront that they have to pay $9000 classified... View More

Leon Bayer
Leon Bayer
answered on Mar 25, 2024

"Undisclosed" and "overlooked" do not have the same meanings.

Financing terms must be set out nicely and boldly. You can retain a lawyer to review your contract and advise you on whether your contract complies with the law. But if you did business with a new car dealer,...
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2 Answers | Asked in Consumer Law and Contracts for California on
Q: Are there laws in CA that protect consumers from undisclosed additional fees in lease a new car, ? Tks

Are there laws in California that protect consumers from undisclosed additional fees in purchase or lease contracts for new vehicles, which consumers may overlook before signing the contract? For example, I signed a new car lease and wasn’t informed upfront that they have to pay $9000 classified... View More

James L. Arrasmith
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answered on Mar 25, 2024

In California, consumer protection laws are in place to safeguard individuals against deceptive practices, including undisclosed fees in lease or purchase contracts for new vehicles. The California Civil Code and the Vehicle Leasing Act offer specific regulations that demand transparency and full... View More

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2 Answers | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Legal Malpractice for California on
Q: Had an issue with car dealership.found a lemon law form. Client attorney contract was signed with an attorney who was

Disbarred and suspended. Firm changed there name and took them a year and 3 months to even send my demand for arbiration. I was never given any advice or informed on what my case was worth. As I review other cases the firm handled it was penny compared, all cases are different I know. But I... View More

James L. Arrasmith
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answered on Mar 24, 2024

Under California law, your situation raises several concerns regarding the conduct of your legal representation, particularly in the context of the Lemon Law claim you pursued against a car dealership. If your attorney was disbarred or suspended during the course of your representation, this could... View More

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2 Answers | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Legal Malpractice for California on
Q: Had an issue with car dealership.found a lemon law form. Client attorney contract was signed with an attorney who was

Disbarred and suspended. Firm changed there name and took them a year and 3 months to even send my demand for arbiration. I was never given any advice or informed on what my case was worth. As I review other cases the firm handled it was penny compared, all cases are different I know. But I... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 24, 2024

You bring out a number of issues that are of concern as to the attorneys’ actions. In particular if there was a switching of firms without your agreement, a disbarred attorney representing you, and charging an excessive and not agreed to fee. You should consult with experienced ethics,... View More

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1 Answer | Asked in Consumer Law, Personal Injury, Energy, Oil and Gas and Municipal Law for New York on
Q: Nyseg took the meter from my house, yesterday, a week after restarting my account. It is 15°

I am disabled, working through repairs from an electric fire. Are they responsible for broken pipes because they filled the lines with water, allowing the electric on, then caused the freeze with no notice removal. Fresh foods frozen, botled water froze(no electric no waterpump no toilets)

Tim Akpinar
Tim Akpinar
answered on Mar 24, 2024

I'm sorry for the stressful situation you have been placed into. It could be difficult for an attorney to offer a simple, direct answer to your question in the brief post without knowing more details, and figuring out what happened here. Until you're able to discuss with a local attorney,... View More

2 Answers | Asked in Consumer Law and Civil Litigation for Florida on
Q: Navient student loan server/ lender consolidated all my loans including one from 1987.. then in 2022 all loans were

Discharged except for the one from 1987 they took it out of consolidation and I believe I was in deferment when they did this in 6/2016.. and sent old loan to trellis student loan collector..Without ! My notice .. trellis then garnished my wages without notifying.me I received no paperwork about... View More

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Mar 25, 2024

As previously stated, to garnish your bank accounts, a judgment had to be entered against you. Go to the website of the clerk of court of the county where you reside and type in your name. You should see a case with your name. Go to see if there is a return of service and see who was served with... View More

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2 Answers | Asked in Consumer Law and Arbitration / Mediation Law for California on
Q: I signed an agreement that states Statutorily I can only receive up to $15,000. Am I bound forever to that?

I agreed to a limit of $15,000 in an arbitration case with the Ca State License Board. The arbitrator awarded $22,000 as my judgement but statutorily I only got the $15,000. Can I go to court and sue for the remaining $7,000 or am I bound for life because I accepted the $15,000! I agreed to the... View More

James L. Arrasmith
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answered on Mar 24, 2024

In California, when you enter into an arbitration agreement and receive a final decision, that typically concludes your case regarding the specific issue or claim. If you agreed to a statutory cap of $15,000, and you have accepted this amount following an arbitration ruling, this generally... View More

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1 Answer | Asked in Consumer Law and Gaming on
Q: I want to sue a company. If the company banned me wrong and don’t pay me the payment supposed to be

The company is the esport money mobile games bases on skilled . I did nothing wrong with the term and rules but they blamed me on ridiculous things to banned me and not pay me the money . I do have all the evidence to prove that I did nothing wrong but they don’t want to listen. I try everything... View More

James L. Arrasmith
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answered on Mar 23, 2024

In your situation, the jurisdiction for filing a lawsuit can be complex since it involves international elements. Generally, you can file a lawsuit in the location where the defendant (the company) is based or where the breach occurred, which could be where you used the service, in this case,... View More

3 Answers | Asked in Consumer Law for California on
Q: CVS pharmacy called my doctor to renew a prescription without my consent. My doctor got mad at me. Script said no refill

I had previously asked not to refill anything without me asking for it. They continuously called for me to renew prescription. They told me they would stop. But over the years they continued the practice. Now my doctor is upset with me for requesting a refill that I didn’t ask for. The... View More

James L. Arrasmith
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answered on Mar 23, 2024

In California, pharmacies may have policies to automatically refill prescriptions to ensure continuous care. However, if you've expressly requested that your prescriptions not be refilled automatically, the pharmacy should honor this request. Violating these directions could be seen as a... View More

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3 Answers | Asked in Consumer Law for California on
Q: CVS pharmacy called my doctor to renew a prescription without my consent. My doctor got mad at me. Script said no refill

I had previously asked not to refill anything without me asking for it. They continuously called for me to renew prescription. They told me they would stop. But over the years they continued the practice. Now my doctor is upset with me for requesting a refill that I didn’t ask for. The... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 23, 2024

This is an excellent question and you make a great point. There is nothing illegal in what they do (but maybe it should be-ok that the ask you but to ask the doctor is not reasonable).

“No refills” refers not that it cannot be refilled, only that there are no refills on that...
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1 Answer | Asked in Consumer Law for Colorado on
Q: Seller of vehicle did not tell me the reason the car has a salvaged title, can I get my money back
James L. Arrasmith
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answered on Mar 22, 2024

If the seller of a vehicle did not disclose that it has a salvaged title, you may have grounds to seek a refund. This typically involves proving that the seller knowingly withheld information that could affect the vehicle's value or safety. The success of getting your money back often depends... View More

1 Answer | Asked in Landlord - Tenant and Consumer Law for California on
Q: I need to know about the legality of non-payment in an air bnb house.

My business partner and I have been renting an air bnb house for 13 months (120 days first booking, then extended) with no problems. We are involved in a long-term global financial partnership that is awaiting conclusion and is finally being concluded now. The rent has been paid from my... View More

James L. Arrasmith
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answered on Mar 22, 2024

In California, the distinction between a short-term guest and a tenant hinges on the length of stay and the agreement's terms. If you've been renting a property on Airbnb for over 30 days, especially continuously, you may be considered a tenant under state law, granting you rights similar... View More

2 Answers | Asked in Consumer Law and Banking for New Jersey on
Q: Hello, Should I accept a settlement check from Wells Fargo class action suit or am I entitled to more than the offer

Wells Fargo is willing to settle with me for 1,300$ Should I take their offer or am I entitled to more. I have no record of this account or how much money was actually in it.

James L. Arrasmith
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answered on Mar 25, 2024

Deciding whether to accept a settlement check from Wells Fargo requires careful consideration. First, review the details of the class action suit and how your specific circumstances align with the case's parameters. Without records of the account or the amount involved, it's challenging... View More

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1 Answer | Asked in Contracts and Consumer Law for California on
Q: I have a legally binding Purchase agreement signed with Rivian to sell me a vehicle but they are not delivering. What?

I have a legally binding Purchase agreement signed with Rivian to sell me a vehicle but they are not delivering. Looking for legal help. They say they assigned me a wrong VIN. But here are couple of lines from contract:

THIS AGREEMENT CREATES A BINDING LEGAL CONTRACT BETWEEN YOU, YOUR... View More

James L. Arrasmith
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answered on Mar 22, 2024

Under California law, if you have a legally binding purchase agreement with Rivian and they are not delivering the vehicle as agreed, you have certain rights. The specific lines from the contract you provided suggest that this agreement is comprehensive and replaces any previous agreements between... View More

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