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3 Answers | Asked in Consumer Law, Contracts, Civil Litigation and Civil Rights for Florida on
Q: Does the fact that I couldn’t afford therapy strengthen my emotional distress claim?

I plan to visit the dealership again to secretly record conversations regarding the $3,000 down payment, terms of financing, and other details for my case.

As Florida is a two-party consent state, I am concerned about whether it is legal to record these conversations inside the... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 8, 2024

You first posed a question about the affect of not affording therapy on an emotional distress claim, and you then stated a concern about recording a conversation, which I take to mean a question asking if you can record in the setting you described without asking permission. You did not connect... View More

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1 Answer | Asked in Consumer Law for South Carolina on
Q: In reference to consumer debt, what are our options regarding unseen right to cure notice?

Plaintiff referred to right to cure but had no submitted evidence of. Judge denied their motion for summary judgement. Now they are showing a right to cure but we've never seen such and don't believe we ever received. There is no supporting evidence that shows delivery. What are our options?

D. Nathan Davis
D. Nathan Davis
answered on Oct 7, 2024

Can you convince a judge and/or jury that the notice was not received? Normally, the right to cancel is actually signed by the debtor at the time the debt is incurred. Make the creditor provide a copy of the form since you do not remember receiving it. In real estate, the receipt is signed and... View More

1 Answer | Asked in Consumer Law and Car Accidents for Illinois on
Q: Should the car insurance have provided me a car rental / paid for my car payments while my car is in the shop?

For a deer collision? My car was in the shop for 6 months, and i was only given 30 days of car rental. I continued paying for my car even though i wasn't driving it. I had no vehicle for 5 months. I have a full time job, and i’ve missed a lot of work. Should the insurance have paid for my... View More

Charles Candiano
Charles Candiano
answered on Oct 7, 2024

This is not a legal question but I will answer it as best I can from personal experience. When you purchase car insurance, car rental coverage is usually defined by duration and the amount payable per day. For example, 30 days at $50 per day. The duration is generally fixed at 30 days. The only... View More

2 Answers | Asked in Consumer Law and Civil Rights for Michigan on
Q: In recording a video in public.What can I use and not use?

Im in the process of making a memorial video of my son who passed away in 2020.I will be filming the city where he lived and worked(outside of building only).I have obtained permission.One part of this is that I will be filming coming into the city where peoples cars are present as well as people... View More

Brent T. Geers
Brent T. Geers
answered on Oct 7, 2024

Your plan sounds okay. Generally, you may film anyone or anything in public. As long as you're not misrepresenting what you are capturing (e.g., implying that a business shown was involved when it was not; implying that a person walking down the street is a prostitute or drug dealer, ect.),... View More

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2 Answers | Asked in Consumer Law, Insurance Bad Faith and Insurance Defense for Nevada on
Q: I have a TOY Hauler that was damaged and should have been totalled. The damage was done during towing out of mud.

The insurance denied that part of the claim due to wear and tear however they paid for the wall to be repaired. I have pictures that the wall was intact until it was towed out of the mud. There is no wear and tear it's a 2019 and I have never taken it out camping due to being in the shop. How... View More

Jennifer Setters
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answered on Oct 3, 2024

Every case is unique, hence in circumstances like these—where your toy hauler was damaged during towing—and where the insurance company refused part of the claim—you should get advice from an attorney who can assess your particular circumstances. You could follow these guidelines:

Get...
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3 Answers | Asked in Consumer Law, Construction Law and Small Claims for California on
Q: It's almost 2 years since shoddy work was done by a CA contractor who I now know was unlicensed. Is it too late to sue?

He promised/agreed to refund me $2,500 due to the bad work and has been very slowly paying me for the past two years, although he has now been avoiding answering my texts for most of 2024 and I don't think he will finish refunding me what he promised. The job was $4,000 and he has paid back... View More

Leon Bayer
Leon Bayer
answered on Oct 3, 2024

I'm really sorry for you. Unfortunately, the time to be vigilant is before you hire a contractor. As you now know, everything you now know about him could have been discovered by you before you hired him.

I'm sure you already know that deadbeats don't pay their bills....
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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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3 Answers | Asked in Consumer Law and Contracts for California on
Q: Dealer is trying to keep my down payment after they requested the account t be returned and took the car. Is this legal

08/31/2024 i went to super shopper auto to finance a used 2018 Honda Accord through in-house financing but when I arrived the manager had a retail installment agreement contract typed and printed for me to sign through a third party call California auto finance 5 days later the dealer requested the... View More

Leon Bayer
Leon Bayer
answered on Oct 2, 2024

It sounds illegal. You can sue the dealer in small claims court and you can make a complaint to the California DMV: The Department of Motor Vehicles (DMV) licenses and regulates new and used motor vehicle dealers. If you would like to report a problem or dispute you have with a motor vehicle... View More

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1 Answer | Asked in Consumer Law and Contracts for Arkansas on
Q: Can I make Kia reimburse me?

I was part of the class action lawsuit/settlement agreement with KIA motors. The settlement stated that if certain models met all the qualifications, that our engines could be replaced for free. My car met those qualifications after a catastrophic engine failure 30 miles after purchasing the car.... View More

Adam Savett
Adam Savett
answered on Oct 2, 2024

There are at least two class action settlements involving allegedly defective Kia engines.

Since your question doesn't specify what model Kia you had issues with, or which class action you believe that you participated in, I can't fully answer your question.

The first, In...
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1 Answer | Asked in Consumer Law and Identity Theft for Virginia on
Q: Honda Financial attached my SSN to someone else's loan

No details regarding amount, if in state or not and they told me "We don't know if this is really you." After freezing my credit, submitting a report to the FTC, Honda Financial & taking time off of work to file a report with Local Law Enforcement, they still would not provide... View More

Matthew McKenna
Matthew McKenna
answered on Oct 2, 2024

I would certainly recommend contacting a consumer protection attorney as soon as possible that will offer a free consultation. It appears that you disputed this information with Honda Finance but I would also recommend disputing the information with the credit bureaus. You'll want to send the... View More

4 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Civil Litigation for California on
Q: Do I have a lawsuit against this business for burning me?

I recently went for fire cupping and ended up with second degree burns. Clusters of blisters and some of my skin was completely ripped off. She told me it was just because my skin was sensitive, and that it wasn't a big deal and that no treatment was needed. After feeling severe discomfort I... View More

William John Light
William John Light
answered on Sep 30, 2024

It sounds like you have a claim. Take pictures of your injuries as they heal and scar (if they do), follow up with dermatology appointments. If an accupuncturist's office performed the cupping, you should make a complaint with the Accunpuncturist Board... View More

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2 Answers | Asked in Consumer Law for California on
Q: I had the roof fixed but the contractor overcharged me!

Original quote was #3,700.00 After completed the job, asked for $8,000.00. Then he left one piece of wood in my backyard. Another guy with two workers came the following week. Both job was done on Saturday. I gave the second guy another $8,000.00 check by mistake.

I am wishing I... View More

Leon Bayer
Leon Bayer
answered on Sep 27, 2024

Hopefully the 2nd check has not yet cleared and you can stop payment. If it has cleared ask the payee to refund it immediately.

Unless the contractor got your written approval to increase the amount after you accepted the original bid, you should be able to recover the difference....
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1 Answer | Asked in Consumer Law and Collections for Florida on
Q: Do I have to respond to an unsigned Complaint? And all exhibits against me are not signed?

The Complaint has a typed name but no signature. The exhibits all have my name added to the top of the page but are not related to me in any other way.

Charles M.  Baron
Charles M. Baron
answered on Sep 20, 2024

If you received a SUMMONS with the court complaint, you must comply with the instructions in the summons, which notifies the named defendant that failure to file a response may result in the defendant's money, wages, or property being taken without further notification. Any defenses or... View More

2 Answers | Asked in Consumer Law for California on
Q: If a company makes an agreement or offer to you for a specific product in an email, do they have to honor what it says?

The company now states that thier employee provided the incorrect information and does not want to uphold what the email states.

Robert E. Wasserman
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answered on Oct 14, 2024

A key factor would be if the employee who sent the email had the authority of the company to make binding decisions. If the employee held an executive title, such as Vice President of Sales, it is more likely than not that they had the authority to bind the company. Assuming the employee did have... View More

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1 Answer | Asked in Consumer Law, Business Law, Landlord - Tenant and Small Claims for Florida on
Q: Can I get my application fee back if the application was not complete?

I applied for an apartment and was asked to pay an application fee of $290. Later the management team had a server change and I was asked to pay the application fee again. It was $60 this time. I paid another $60 because the front desk said they could refund the money back through bank or credit on... View More

Erik A. Perez
Erik A. Perez
answered on Sep 17, 2024

Yes, you appear to have a viable claim against the management company. There are several causes of action that seem applicable. I think you need to apply some pressure, as I'm not sure what their intention was, but the optics aren't great for them and this could be seen as stealing. I... View More

1 Answer | Asked in Consumer Law, Arbitration / Mediation Law and Civil Litigation on
Q: A customer took advantage of me by falsely claiming that the merchandise was unusable yet she used it for seven months.

We delivered three machines to a clinic. There was a minor shipping accident that our warranty service would cover with no cost to the customer. The customer asked for a 50% off. Once I refused, she initiated a credit card dispute because the machines were "broken, unusable and taking... View More

Tim Akpinar
Tim Akpinar
answered on Sep 15, 2024

You could consult with an attorney to review the agreement and the details of the transaction. It sounds like the "good faith" issue you mention could be raised as an issue in court. Depending on your state/jurisdiction (which isn't mentioned in the post) and the caps on your... View More

2 Answers | Asked in Consumer Law, Contracts and Civil Rights for Nevada on
Q: am i able to take pictures inside ulta beauty stores? lv, nv

I am being asked to audit perfume shelves through an app called bemyeye they were to pay me for thee pictures

Jennifer Setters
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answered on Oct 8, 2024

Ulta Beauty stores generally have policies regarding photography inside their stores. In most cases, taking pictures without permission may violate store policies or infringe on customer privacy. Since you're being asked to audit perfume shelves for the app BeMyEye, it would be important to... View More

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1 Answer | Asked in Consumer Law, Personal Injury and Internet Law for Connecticut on
Q: Hello. I intend to file a suit against a company that's not located in my home state of CT.

Hello. I intend to file a suit against a company that's not located in my home state of CT. The other company is located in Wyoming and California, as well as other countries. It seems very vague as to whether or not I can file the suit in CT. Can anyone clarify this? What I can tell you about... View More

Alan Harrison
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answered on Sep 9, 2024

Yes, you can file suit in CT for an injury that happened here, and it is something that a licensed CT attorney like myself could help with. You should be aware that a "foreign" (out-of-state) company could try to have the case "removed" to Federal court if the amount in dispute... View More

1 Answer | Asked in Consumer Law, Contracts, Appeals / Appellate Law and Arbitration / Mediation Law for Ohio on
Q: What should I do in a case of fraudulent misrepresentation?

Was convinced to sign up for a service by door to door salesmen. They said it would only cost $50/mo, cheaper than what I paid at the time, & the first month wouldn't exceed $70. Told to ignore higher total when it calculated to $120. Perjuration made first bill $300+. Tried to cancel. Was... View More

Tim Akpinar
Tim Akpinar
answered on Sep 6, 2024

An Ohio attorney could advise best, but your question remains open for over a week. This is a mess that could require sorting out beyond what is possible with a few quick recommendations on a Q & A forum. At this point, the debt collector will require attention - either on your own, expressing... View More

1 Answer | Asked in Consumer Law, Contracts and Collections for Georgia on
Q: I was made aware of a civil judgment proceeding filed today for a debt that I believe is time barred.

Calvary Portfolio filed a judgment/motion to garnish my wages today, I found the debt collector and original creditor on a old credit report of mine (it is not showing on recent reports) and last date of any activity or update reported on my credit report was October 2016, I believe it fell off my... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 1, 2024

No. Calvary obtained a judgment. This is a garnishment, not a new lawsuit. The statute

of limitation on a judgment is generally anywhere from 10- 20 years, state dependent. While you may have legal defenses to the garnishment, statute of limitation issues probably is not one of them. See a lawyer.

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