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1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Oregon on
Q: can i sue a life insurance agent who signed me up for 2 other life insurance policies I wasn't aware of that cost money?

i had signed up for life insurance with mutual of omaha. they weren't notified I had wanted to stop the policy but the agent didn't tell them 41 days into a 45 grace period but it cost me 3 months. then during this time he signed me up for 2 other life insurance policies I wasn't... View More

James L. Arrasmith
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answered on Mar 22, 2024

If a life insurance agent signed you up for policies without your knowledge or authorization, this could be considered fraudulent activity. Unauthorized use of your personal and financial information to obtain commissions is illegal and unethical.

You may have grounds to sue the agent for...
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1 Answer | Asked in Consumer Law for Tennessee on
Q: How long does a salon have to issue a refund? I paid a $20 deposit but was cancelled by the stylist. Its been 24 hrs now

My appointment was cancelled by the stylist. I reached out to her today and threatened take legal action but she responded with “Now I will pay you whenever I decide to pay you”

James L. Arrasmith
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answered on Mar 21, 2024

In situations like these, the timeframe for a refund can vary depending on the salon's policy and the terms of service agreed upon at the time of booking. Typically, a business should issue a refund within a reasonable time frame, often considered to be 7-14 days. However, this can differ... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Consumer Law for Missouri on
Q: Can I be not let into a bar because of personal reasons?
James L. Arrasmith
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answered on Mar 21, 2024

Absolutely, you can be denied entry to a bar for various personal reasons. This might include not meeting the dress code, showing signs of excessive intoxication, or previous issues such as altercations or unpaid tabs. Each establishment has its own rules and guidelines which they are legally... View More

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1 Answer | Asked in Consumer Law for California on
Q: Want advice on dealing with a financial firm who is charging me for work not completed

I signed a contract with Solar company that went out of business without completing the work. My financial firm has been charging me a monthly EMI when the solar has not even be connected. Need advice to deal with them

James L. Arrasmith
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answered on Mar 20, 2024

Under California law, if a solar company goes out of business before completing the agreed-upon work, you should not be held responsible for paying for incomplete services. First, review the contract you signed with the solar company to understand the terms, especially regarding incomplete work or... View More

1 Answer | Asked in Banking, Collections and Consumer Law for Idaho on
Q: My car was repo. Because the auto company said I missed a differ payment but my payment wasn't due until March 9 2024

I traded my van in for down payment if I still owed at the time why would they let me take the car and in 1 week they repo it they never sent me notice or anything

James L. Arrasmith
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answered on Mar 20, 2024

If your car was repossessed and you believe it was done unfairly or prematurely, it's crucial to review your loan or lease agreement closely. These documents should detail the terms of your payments and the conditions under which repossession can occur. If your payment was not due until March... View More

1 Answer | Asked in Consumer Law, Banking and Business Law for New York on
Q: How do I remove a delinquent/ charged off business credit card from my credit file for good?

My last payment on the credit card was 4/2020. I never made another payment because they closed my account. They recently updated it to a charge off on my credit report around 09/2023. Since this is a business credit card, how can I dispute it to be removed from my personal credit report for good?

James L. Arrasmith
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answered on Mar 20, 2024

First, check whether the business credit card was indeed under a personal guarantee. If it was, the delinquency could rightfully appear on your personal credit report. However, if the card was strictly under the business's name without any personal guarantee, you might have grounds to dispute... View More

1 Answer | Asked in Consumer Law for California on
Q: can online customers request a return for the prodcuts and a refund after 35 days of receivng the products in CA?

I have a s corporation in Calofornia .I have sold office furniture to a customer out of state of california througn our on line store , and delivered the products. The customer is asking for a ruturn and a refund after 35 days of receiving the products? He paid through Amex! Can he do this ?... View More

James L. Arrasmith
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answered on Mar 20, 2024

Under California law, the specifics of return and refund policies for online sales can largely be determined by the seller, as long as these policies are clearly communicated to the buyer before the purchase is completed. If your return policy was prominently displayed and accessible to the... View More

1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Utah on
Q: Trying to pay debt collection in full but they don’t send any written agreement why do I do ?

I have filed my answer with a debt collector with a motion to dismiss with prejudice. I want to pay and get it over with I am even willing to pay the amount that they ask but they will not give me a written agreement stating that I will no longer owe anything to them regarding this debt. What do I... View More

James L. Arrasmith
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answered on Mar 19, 2024

In your situation, it's important to proceed with caution. Never agree to pay a debt without a written agreement, as this document is your proof that the debt will be cleared upon payment. You need this to ensure they won't claim you still owe money later.

Since the debt collector...
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1 Answer | Asked in Consumer Law, Contracts and Business Law on
Q: Stripe Holding My Funds $32,970

I had payment from my client using stripe client paid and after 6-7 days stripe told me that they can't give more services as my business is high risk and put my all money on hold and refund some amount to my clients without my consent I am looking for resolution legally to release my money

James L. Arrasmith
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answered on Mar 19, 2024

In cases where Stripe has held your funds due to your business being categorized as high risk, it's important to first thoroughly review the terms of service you agreed to when setting up your account. Often, payment processors include clauses that allow them to hold funds under certain... View More

1 Answer | Asked in Consumer Law for New Hampshire on
Q: I signed a purchase and sales at a dealer, paid for the vehicle.

I still have not been able to get the vehicle as the dealership does not have the title. What are my rights of rescinding this deal.

James L. Arrasmith
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answered on Mar 19, 2024

If you have paid for a vehicle but the dealership cannot provide the title, your rights to rescind the deal may depend on the terms of the purchase agreement and the laws of your state. Generally, a dealer must provide a clear title at the time of sale or within a reasonable period. If they fail to... View More

1 Answer | Asked in Consumer Law for Washington on
Q: We bought a car private party and the seller stated that it was Mechanically sound, brought to mechanic needs 12K to be.

We recently (3/17) bought a used vehicle via private party in messages from the seller they stated that they put about 2,500 in to the vehicle to make it mechanically sound. When we arrived the told us that the only thing that needed repaired was the power steering motor. We agreed to pay 3,500 for... View More

James L. Arrasmith
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answered on Mar 19, 2024

In Washington State, private party car sales are generally considered "as is," meaning the buyer assumes the risk for any problems with the vehicle after purchase. However, if the seller made specific claims about the condition of the car that turned out to be false, you might have... View More

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

2 Answers | Asked in Consumer Law, Admiralty / Maritime, Communications Law and Federal Crimes for Michigan on
Q: Bought an item from auction clearly stating unused and when I got it it has missing screws and been tampered with..

Item doesn't charge and clearly been used and tampered with..

James L. Arrasmith
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answered on Mar 21, 2024

If you've received an item from an auction that was listed as unused but arrived in a used and tampered condition, the first step is to document everything. Take clear photos of the item, focusing on the areas where there are missing screws and signs of tampering. Make sure to keep all the... View More

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2 Answers | Asked in Consumer Law, Admiralty / Maritime, Communications Law and Federal Crimes for Michigan on
Q: Bought an item from auction clearly stating unused and when I got it it has missing screws and been tampered with..

Item doesn't charge and clearly been used and tampered with..

Tim Akpinar
Tim Akpinar
answered on Mar 19, 2024

The admiralty/maritime connection (one of the chosen categories) isn't fully clear here, unless this involves a vessel. Otherwise, it could be a basic matter of breach of contract, depending on sales agreement and auction platform's terms of service. Before involving attorneys, it could... View More

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2 Answers | Asked in Consumer Law, Copyright, Business Formation, Trademark and Intellectual Property on
Q: I want to start a company called “Natura Wipes”. I would like to know if this could cause any legal issues?

Selling 99.9% water based chemical free baby wipes.

James L. Arrasmith
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answered on Mar 20, 2024

Starting a company named “Natura Wipes” and selling 99.9% water-based, chemical-free baby wipes could raise legal considerations you need to address. The first step is to ensure that the name “Natura Wipes” is not trademarked by another company in your country or region, as this could... View More

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2 Answers | Asked in Consumer Law, Copyright, Business Formation, Trademark and Intellectual Property on
Q: I want to start a company called “Natura Wipes”. I would like to know if this could cause any legal issues?

Selling 99.9% water based chemical free baby wipes.

Temitope Oluwatoyin Siyanbade
Temitope Oluwatoyin Siyanbade
answered on Mar 18, 2024

It depends. When exploring whether you can use a name without running into issues, you have to do a trademark search. The most basic trademark search can be done using the USPTO's website, but you have to search variations of the word or phrase that you are interested in search. The reason... View More

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3 Answers | Asked in Consumer Law for California on
Q: Can i sue kia finance if my car was stolen due to antitheft recalls ?

my kia forte 2021 was stolen october 2023 due to theft, i was never notifed about the anti theft recalls on my vehicle.

i was halfway paid off my car and it was recovered and claimed a total loss. i lost lots of personal belongings and the money invested into my car. i want to know if i can... View More

Leon Bayer
Leon Bayer
answered on Mar 19, 2024

An anti-theft device does not guarantee that a car can't be stolen. If you buy a can of pepper spray does that guarantee that someone can't mug you?

If you sue, you have the burden of proving your case. That can be quite a hurdle. Here's why:

Issues you must prove...
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3 Answers | Asked in Consumer Law for California on
Q: Can i sue kia finance if my car was stolen due to antitheft recalls ?

my kia forte 2021 was stolen october 2023 due to theft, i was never notifed about the anti theft recalls on my vehicle.

i was halfway paid off my car and it was recovered and claimed a total loss. i lost lots of personal belongings and the money invested into my car. i want to know if i can... View More

James L. Arrasmith
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answered on Mar 18, 2024

Under California law, you may have the right to pursue legal action against Kia Finance if your car was stolen due to anti-theft device recalls of which you were not informed. Manufacturers have a duty to inform consumers of recalls that can affect the safety or security of a vehicle. If Kia failed... View More

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3 Answers | Asked in Consumer Law for California on
Q: Can i sue kia finance if my car was stolen due to antitheft recalls ?

my kia forte 2021 was stolen october 2023 due to theft, i was never notifed about the anti theft recalls on my vehicle.

i was halfway paid off my car and it was recovered and claimed a total loss. i lost lots of personal belongings and the money invested into my car. i want to know if i can... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 18, 2024

Sorry for your issues:

1- There is almost certainly one or more class actions on this issue, as it has been all over the news and you should have, frankly, known about it, recall or not and it is not the finance company's job to send you such notice;

2- Your insurance company...
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1 Answer | Asked in Consumer Law, Products Liability and Personal Injury for Washington on
Q: I was drinking a Dr pepper and sharp object entered my mouth. I spit it out. Its a metal screen. What do I do about it?

Do I have a lawsuit for negligence?

Tim Akpinar
Tim Akpinar
answered on Mar 18, 2024

A Washington attorney could advise best, but your question remains open for a week. If you're asking about your rights here, the question that will arise is. "What harm/injury did you suffer?" Any case would be based on the extent of harm/injury suffered, which fortunately does not... View More

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