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2 Answers | Asked in Consumer Law for California on
Q: Storage notice recourse

Is there a recourse for a storage being auctioned with no public notice posted in the small towns newspaper or online version of said paper or posted in any conspicuous place around the small town to alert people of up coming storage auction?

James L. Arrasmith
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answered on Jan 5, 2024

In California, the Self-Service Storage Facility Act outlines the requirements for storage unit auctions, including the notice requirements. If a storage facility fails to comply with these requirements, there may be grounds for recourse.

The Act stipulates that public notice of the sale...
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1 Answer | Asked in Consumer Law for Pennsylvania on
Q: Personal items after impound.

My car was impounded and put in a tow lot, not a police lot. I called to get some personal items out of the vehicle and they said not till the bill is paid. Is that legal. The items I want to retrieve are my phone charger and some shirts

James L. Arrasmith
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answered on Jan 4, 2024

The legality of a tow lot refusing access to personal items in an impounded vehicle can vary depending on state laws and the policies of the impound lot. Generally, most states have regulations that allow vehicle owners to retrieve personal belongings from impounded vehicles.

In your...
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1 Answer | Asked in Business Law and Consumer Law for Pennsylvania on
Q: A hotel charged me for a week that I wasn't there

My check out was for Wed Dec 27th I stayed weekly and every week paid for the week I was staying. I left Tues night leaving the keys in the room I did not exatand another week. Yesterday wensday January 3rd I see a charge on my card from the hotel I was never informed that I was gonna be charged... View More

T. Augustus Claus
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answered on Jan 4, 2024

If a hotel has charged you for a week that you were not present, it is essential to address the issue promptly. First, contact the hotel to dispute the charge and explain the situation, providing details about your actual check-out date. Be sure to mention the absence of any agreement to extend... View More

2 Answers | Asked in Consumer Law for Texas on
Q: can i sue for overcharging my card

i was buying something online and at checkout it said my total was $6.95 but whenever i put in my card it charged me $67.69 so is there anything i can sue for, like maybe false advertisement or something

James L. Arrasmith
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answered on Jan 4, 2024

If you were overcharged on your card for an online purchase, the first step is to contact the merchant to seek a resolution. Often, such discrepancies are due to technical errors and can be resolved amicably by the merchant issuing a refund for the overcharged amount.

If the merchant is...
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2 Answers | Asked in Consumer Law for California on
Q: Hello, Toyota sold me a surface package but then never contacted me about coming back to get the product added.

The amount was about 5k total for this package. Can I ask that the 5K be removed from my original loan ?

James L. Arrasmith
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answered on Jan 4, 2024

Under California law, if Toyota sold you a service package but failed to provide the agreed-upon services, you have grounds to request a remedy. This situation may be considered a breach of contract, as Toyota did not fulfill their part of the agreement.

You can certainly ask for the...
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3 Answers | Asked in Bankruptcy, Consumer Law and Real Estate Law for Texas on
Q: New build home being foreclosed on by bank due to builder bankruptcy. What happens to my contract and builder deposit?

I am under contract for a yet to be completed new construction home. The builder went into receivership due to financial problems and it appears the bank will be foreclosing on the property I have been waiting on for almost two years. The builder has a very large builder deposit I provided at... View More

John Michael Frick
John Michael Frick
answered on Jan 3, 2024

I agree with other counsel and will note that Texas has a specific statute--the Texas Construction Trust Fund Act--that requires payments made to a contractor under a construction contract to be held in a separate construction account with a financial institution if the contract is for improvements... View More

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3 Answers | Asked in Bankruptcy, Consumer Law and Real Estate Law for Texas on
Q: New build home being foreclosed on by bank due to builder bankruptcy. What happens to my contract and builder deposit?

I am under contract for a yet to be completed new construction home. The builder went into receivership due to financial problems and it appears the bank will be foreclosing on the property I have been waiting on for almost two years. The builder has a very large builder deposit I provided at... View More

James L. Arrasmith
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answered on Jan 3, 2024

In a situation where your new construction home is facing foreclosure due to the builder's bankruptcy, the fate of your contract and deposit can be complex and uncertain. The contract you have with the builder may be considered an asset of the builder's bankruptcy estate, and its handling... View More

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3 Answers | Asked in Bankruptcy, Consumer Law and Real Estate Law for Texas on
Q: New build home being foreclosed on by bank due to builder bankruptcy. What happens to my contract and builder deposit?

I am under contract for a yet to be completed new construction home. The builder went into receivership due to financial problems and it appears the bank will be foreclosing on the property I have been waiting on for almost two years. The builder has a very large builder deposit I provided at... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 3, 2024

Bankruptcy relief is exclusively a federal right and procedure, with its own courts.

However, most states have a "receivership" insolvency proceeding that is valid (and utilized sometimes in foreclosure proceedings, or regarding insurance companies that are not eligible for...
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2 Answers | Asked in Arbitration / Mediation Law, Bankruptcy, Consumer Law and Contracts for South Carolina on
Q: When should I file a motion to compel arbitration in South Carolina?

I am being sued by a junk debt buyer in commons plea court in South Carolina. I plan on filing an answer to the summons. When should I file a motion to compel arbitration? Should I put it in my answer? Or file just the motion in place of the answer?

James L. Arrasmith
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answered on Jan 3, 2024

In South Carolina, when you're faced with a lawsuit by a junk debt buyer and you believe arbitration is the correct venue for the dispute, the timing of filing a motion to compel arbitration is crucial. Typically, this motion should be filed early in the case, ideally at the same time as or... View More

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2 Answers | Asked in Bankruptcy, Consumer Law, Banking and Lemon Law for Illinois on
Q: I have a car that I owe more than 10 thousands of dollars that I cannot drive because of numerous mechanical problems.

What are my best options since I cannot afford to pay to fix car and make my loan payments. I live in Loves Park, Illinois.

James L. Arrasmith
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answered on Jan 3, 2024

In your situation with a car that's costly to repair and still under a significant loan, there are a few options to consider. Firstly, check if your car is still under any kind of warranty. If it is, some or all of the repair costs might be covered, reducing your financial burden.

If...
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2 Answers | Asked in Consumer Law for Florida on
Q: My complex in Daytona have an exclusive agreement with Comcast. The cost is 189.00 per month. I am retired. Is this leg

I wanted to change to internet only and have been told no

James L. Arrasmith
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answered on Jan 2, 2024

In Florida, it's not uncommon for residential complexes to enter into exclusive agreements with service providers like Comcast. However, the legality of such agreements can depend on the specific terms and whether they align with federal and state regulations.

If your complex has an...
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1 Answer | Asked in Consumer Law, Banking, Civil Rights and Constitutional Law for Georgia on
Q: Can a check cashing facility deny to cash your check and then withhold the check from you and not return it to you GA

For any reason because it has all of your personal information on it, but yet they refuse to give it back and threaten to call the police

James L. Arrasmith
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answered on Jan 2, 2024

In Georgia, as in most states, a check cashing facility has the right to refuse to cash a check for various reasons, such as concerns about the check's authenticity or issues with the account it's drawn on. However, withholding the check from you after refusing to cash it typically... View More

1 Answer | Asked in Consumer Law and Internet Law for California on
Q: Is it legal for app developers to ban a user on the basis of a rule that isn’t written anywhere in the terms of use?

A friend of mine got banned from this newly launched app for seemingly no reason. When he emailed the devs they told him that only one account per person is allowed - somehow they detected the extra account made on his other phone. Nowhere in the terms of use was it mentioned that only one account... View More

James L. Arrasmith
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answered on Jan 2, 2024

In the United States, app developers generally have broad discretion to manage their platforms and user accounts, including the right to ban users. However, their actions should be consistent with their own terms of use or service agreements. If the terms do not explicitly prohibit having more than... View More

2 Answers | Asked in Consumer Law, Business Law and Identity Theft for California on
Q: FedEx made a phony pick up form with a forged signature claiming I p/u that lost package I paid $1366.56 USD for

Paid $1366.56 for a brand new made in Japan wire harness for my vehicle. FedEx lost the package, in an effort to cover up the loss manufactured a phony p/u form claiming I picked up the item from one of their locations. In fact FedEx delivered it to a wrong address and upon my asking realized what... View More

James L. Arrasmith
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answered on Jan 2, 2024

In a situation where FedEx has allegedly forged a signature and misrepresented the delivery status of a package, it is important to gather all evidence, including the phony pick-up form, FedEx's tracking information, and any communication with FedEx and the eBay seller. Documentation of the... View More

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2 Answers | Asked in Consumer Law and Landlord - Tenant for California on
Q: Since 2016, my storage facility, has been increasing my storage fees every eight months, 9%-10%+. Is this legal?

I have all bank statements since 2016 showing these increases. Some increases occur twice per year, most recently each increase exceeding a 10% increase in storage fees.

James L. Arrasmith
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answered on Jan 2, 2024

In California, there are no specific state laws that limit the frequency or percentage of rent increases for storage units. However, your rental agreement or contract with the storage facility is key in determining the legality of these increases. It's important to carefully review this... View More

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1 Answer | Asked in Consumer Law for California on
Q: Can a company refuse to refund me tickets even though they turned me away from the movie before It started?

I am 16 years old and bought two tickets for my friend and me to go to a new movie. I purchased the tickets through Fandango.com. When I arrived at the theater I showed my tickets and was turned away because the movie was rated R and I am under 17. They told me to go to the front and ask for a... View More

James L. Arrasmith
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answered on Dec 31, 2023

Under California law, the situation you're facing with the movie ticket refund is a bit complex. Firstly, the movie theater's policy to restrict access to R-rated movies for those under 17 is in compliance with the Motion Picture Association's rating system, which isn't legally... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for North Carolina on
Q: can the apartment management force me to use their internet/ISP instead of the one i've been using for the past 2 years?

i live in an apartment community in Greensboro, NC. Recently, i was asked to vacate my current unit, and was given the option to transfer to another unit, which i accepted.

The 'welcome letter' for the new unit stated that i will be charged $65/month for cable, (i assume)... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Dec 31, 2023

You mentioned that you had spectrum cable in the other unit and I presume you paid for it in the other unit. If that lease required all residents to pay for internet and they offered a transfer on the same terms then yes they can make you continue to "pay double". It is not illegal for an... View More

Q: If a lawyer resigns, can the attorney still be court appointed attorney?

Just looking at attorneys who resigned and still practice in the Department of Assigned Counsel. This would mean that the Judge hires DAC to provide an attorney. Judges who are not aware of a resigned attorney are not aware of the illegal actions and these cases must be dismissed.

There... View More

James L. Arrasmith
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answered on Dec 30, 2023

If an attorney resigns from the bar, they are no longer authorized to practice law, including serving as a court-appointed attorney. It's essential for judges and legal institutions to be aware of an attorney's current status to ensure legal representation is valid and compliant with the... View More

3 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for California on
Q: Can a month to month California storage facility increase my rent by 34% after only 3 months renting there?

I have been renting at a month to month facility in California (Riverside county) for 3 months now. I just received a 30 day notice my monthly rent will increase by 34%. There is nothing in my contract that goes over how often or by how much they can increase my rent.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 4, 2024

You've asked:

Can a month to month California storage facility increase my rent by 34% after only 3 months

renting there? Each month, in a month to month, is a new agreement. One SHOULD I suppose give NOTICE that they will raise the amount, likely 30 days (just a guess) but...
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3 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for California on
Q: Can a month to month California storage facility increase my rent by 34% after only 3 months renting there?

I have been renting at a month to month facility in California (Riverside county) for 3 months now. I just received a 30 day notice my monthly rent will increase by 34%. There is nothing in my contract that goes over how often or by how much they can increase my rent.

James L. Arrasmith
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answered on Dec 30, 2023

In California, the laws governing rent increases for storage facilities are different from those for residential properties. For month-to-month rental agreements, the facility typically has the right to increase the rent, provided they give proper notice, which is usually 30 days.

Since...
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