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Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Business Law, Trademark and Intellectual Property for California on
Q: Hi, My name is Jacqueline and starting a skin care brand called Jacques Skin.

I have started an early stage skin care make up remover eye pads. My name Jacques will be a big part of the brand, but I am now concerned with Jacquemus Trademark and curious if you are able to give me insight into whether you believe this would overlap into potential future litigation since it is... View More

James L. Arrasmith
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answered on Apr 4, 2024

Hi Jacqueline,

I understand your concern about potential trademark issues with your brand name, Jacques Skin, and its similarity to the existing brand Jacquemus.

Trademark infringement occurs when there is a likelihood of confusion between two brands in the same or related...
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1 Answer | Asked in Consumer Law, Contracts, Landlord - Tenant and Small Claims for California on
Q: I have been renting a storage unit for 3months now today I got a rent increase notice my rent was $76per month they want

To increase it too $152!! Way over 34percent plus another $30 for insurance per month for a total of $182 per month !! Is this legal

James L. Arrasmith
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answered on Apr 3, 2024

Based on the information you provided, the rent increase for your storage unit in California seems to be questionable. In California, there are certain laws and regulations regarding rent increases for storage units.

According to California's Self-Service Storage Facility Act (Business...
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1 Answer | Asked in Consumer Law on
Q: Hello i wanted to cancel my order after taking too long to deliver and they wint let me

Hello i orderer from an online store located in England on the 15th of february. I wrote to them that i want to cancel my order since it still hasnt been evem sent. They responded to me thst they not offer refunds/ cancelation reasoning that they are a B2B not a retail company. Is there something i... View More

James L. Arrasmith
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answered on Apr 3, 2024

I'm sorry to hear about the difficulties you're having canceling your order. Even if the company considers themselves B2B rather than retail, as a consumer you still have certain rights. Here are a few steps you can take:

1. Review their terms and conditions carefully to see what...
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1 Answer | Asked in Consumer Law, Landlord - Tenant and Small Claims for California on
Q: Under the Duress of a city lawyers cohesion, we signed a unilateral agreement to leave our rental. An Illegal Eviction.

what do I need to file to go in front of the judge to(How do) put a stop to any actions that the landlord may attempt in retaliation, to a second small/civil case filed. Despite our efforts to push for jury trial in the response to the illegal eviction, and the presence of anxiety of being... View More

James L. Arrasmith
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answered on Apr 3, 2024

Based on the information you provided, it seems that you were pressured into signing an agreement to leave your rental under duress, which resulted in an illegal eviction. To address this situation and protect your rights, you may need to take the following steps:

1. Motion to Set Aside the...
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1 Answer | Asked in Consumer Law for Tennessee on
Q: A dealer sold me a car and said it was in great shape and already had the shop look over it. Now it back

bought a car from a dealer on Mar the 11th drove it for till the 13 and had it towed back to the dealer. the dealer's mech. looked at it changed the plugs & hoses but couldn't find out what was wrong. meanwhile they cleared the code no record of those codes. The dealer had it taken... View More

James L. Arrasmith
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answered on Apr 2, 2024

Based on the information provided, it seems that the dealer may have misrepresented the condition of the car when they sold it to you. If the dealer assured you that the car was in great shape and had been inspected by their shop prior to the sale, but significant issues arose shortly after the... View More

1 Answer | Asked in Consumer Law and Health Care Law for Nevada on
Q: My orthodontist sold her practice and the new dentist inherited my daughter as her patient but refuses to finish the job

The new dentist's assistant saw her a few times. When we asked for the further treatment, the assistant said because the new dentist doesn't use Sure Smile, she cannot further assist. However, the retainer is already included and can be ordered for us if we decide to finish the... View More

James L. Arrasmith
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answered on Apr 2, 2024

In this situation, you may need to consult with a lawyer who specializes in consumer protection or contract law. This type of lawyer can help you understand your rights as a consumer and determine if the new dentist has breached any contractual obligations or engaged in unfair business practices.... View More

2 Answers | Asked in Consumer Law for California on
Q: I ordered an engine package costing me 8k and was told would be a 6 month wait. it has been 9 months.

In June 2023, I purchased an engine package and payed in full, with the initial understanding from the seller that the delivery would be within a 6-month timeframe ruffle. However, it's been 9 months, and I still haven't received my order. Communication with the company has been spotty at... View More

James L. Arrasmith
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answered on Apr 1, 2024

Under California law, you may have legal recourse in this situation. Here are a few points to consider:

1. Unfair business practices: The company's failure to deliver your order within the promised timeframe and their poor communication could potentially be considered unfair business...
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2 Answers | Asked in Consumer Law for California on
Q: I ordered an engine package costing me 8k and was told would be a 6 month wait. it has been 9 months.

In June 2023, I purchased an engine package and payed in full, with the initial understanding from the seller that the delivery would be within a 6-month timeframe ruffle. However, it's been 9 months, and I still haven't received my order. Communication with the company has been spotty at... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 3, 2024

THE law on your issue is on this page/link I have provided and it essentially says: IF you have not yet received your items you can cancel. You may have issues with an out of state seller??? You may need a lawyer to 'scare' them straight?... View More

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1 Answer | Asked in Consumer Law for North Carolina on
Q: Motor repair cost $15,000, warranty company is covering $10,000 cap, 3 weeks after purchase. Is this even legal?

We put less than 3,000 miles. The mechanic is saying the warranty company is only going to cover $10,000 and the car requires another motor, making total cost around $15,000. We put down payment, insurance, extended warranty as there was no dealer warranty. The warranty company technically accepted... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 1, 2024

An attorney would have to review the warranty itself to make sure that all covered charges are being paid for. How much is the deductible (the amount you have to pay for repairs). Is there a limitation on how long you have to own the car before the warranty will come in to effect, or a limitation... View More

1 Answer | Asked in Consumer Law for California on
Q: Bought car from private owner for 3500.00. put 1520 as down payment. Still owe 903.00. probably cate owner stated he wou

Private owner. He would fix the issues at hand. Car is not running they want the balance what can I do

James L. Arrasmith
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answered on Apr 1, 2024

In this situation, you have a few options to consider:

1. Negotiate with the seller: Try to reach an agreement with the seller to either fix the issues as promised or reduce the remaining balance owed, considering the car's current non-running condition.

2. Legal action: If the...
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1 Answer | Asked in Contracts and Consumer Law for California on
Q: Can I sue a company that I bought an engine from on the internet? And never received that engine.
James L. Arrasmith
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answered on Mar 31, 2024

Yes, you can sue a company that you bought an engine from on the internet if you never received the engine. This would be considered a breach of contract.

In California, the Uniform Commercial Code (UCC) governs the sale of goods, including online transactions. According to the UCC, the...
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1 Answer | Asked in Consumer Law, Personal Injury and Landlord - Tenant for Florida on
Q: Violation of Florida's Implied Warranty of Habitability and Section 83.64 Prohibited Practices

- Maintenance requests ignored, leading to uninhabitable living conditions

- Retaliatory conduct by maintenance personnel, including threats and property damage

- Misrepresentation of completed repairs, non-compliance with the Broward electrical code

- Ongoing and severe... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you've provided, it appears that you and your fellow tenants are dealing with a serious violation of your rights as renters in Florida. The issues you've described - ignored maintenance requests, retaliatory conduct, misrepresentation of repairs, severe mold... View More

1 Answer | Asked in Consumer Law, Civil Litigation, Construction Law and Landlord - Tenant on
Q: What form do I use to file a "Plaintiff's Complaint in Circuit Court"

What form do I use to file a "Plaintiff's Complaint in Circuit Court" after my Small Claim filing is switched to Regular Civil Docket of Circuit Court? And is there anyone available and willing to help me stop more tenants from getting sick or losing $1000's in personal property... View More

James L. Arrasmith
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answered on Mar 31, 2024

I'm sorry to hear about your situation with the toxic living environment. To answer your questions:

The specific form to file a Plaintiff's Complaint in Circuit Court will depend on your state and county. Many states have standard complaint forms available on the court's...
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1 Answer | Asked in Consumer Law and Landlord - Tenant for Georgia on
Q: Can my girlfriends family kick me out of their home even when i can't afford to leave?

I moved to Georgia in June 2023 for a promised freelance job, but it fell through. Financially struggling, I ended up staying with my girlfriend's family, who welcomed me without setting a specific timeframe. My own family situation is unstable, with my mom unexpectedly leaving for New York.... View More

James L. Arrasmith
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answered on Mar 30, 2024

In Georgia, as in most states, your situation involves understanding tenant rights, even if there's no formal lease agreement. If you've been living in your girlfriend's family home without a specific agreement, you might still be considered a tenant at will. This generally means... View More

1 Answer | Asked in Consumer Law for Ohio on
Q: I live in Ohio and placed a telephone call to the customer service department of a large U.S. company. During the call,

I live in Ohio and placed a telephone call to the customer service department of a large U.S. company. During the call, individuals talking in the call center background made comments that were ridiculing and harassing towards me and were often heard mocking and laughing as I attempted to... View More

James L. Arrasmith
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answered on Mar 29, 2024

I'm sorry to hear about your distressing experience. In situations like these, documenting the incident in as much detail as possible is crucial. This includes noting the date, time, and any identifiable information about the call, such as the representative's name or employee number, if... View More

1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Sexual Harassment for Massachusetts on
Q: my pawn SHOP VERY RECENTLY SEIZED AND SOLD TWENTY OF MY CLASIC GIUITARS. I DID RECIEVE OVERDUE NOTICES

I ALSO HAVE A SERIOUS ISS UE WITH ABUSE FROM ONE OF THEIR EMPLOYEES. I WENT IN THERE .A NUMBER OF TIMES HE TOLD ME THE COMPUTER WAS OVERLOADED WITH MY ACCOUNT. I HAD TO WAIT UP TO FORTY MINUTES FOR THE COMPUTER TO MYTHOLOGICALLY FIX ITSELF. HE WAS LYING. THIS EMPLOYEE IS SO FEROCIOUS I AVOIDE GOING... View More

James L. Arrasmith
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answered on Mar 29, 2024

I'm sorry to hear about the troubles you've had with your pawn shop, including the loss of your classic guitars and the difficult interactions with an employee. It's important to address both the financial and the interpersonal issues you've experienced. Given the overdue... View More

1 Answer | Asked in Consumer Law, Car Accidents and Insurance Defense for Kentucky on
Q: Vehicle was deemed a total loss, but I want to buy back the vehicle. I still owe on the loan.

The total settlement number they gave me would be more than I owe, but the salvage price to keep the vehicle would make the new amount less. I understand that would leave me with the remaining loan balance. Adjuster told me that they won’t release any funds until the loan is paid in full. I was... View More

Tim Akpinar
Tim Akpinar
answered on Mar 28, 2024

A Kentucky attorney could advise best, but your question remains open for a week. You'll probably need to go through the figures with them in more detail than is possible here. But the basic principle is that keeping the vehicle will reduce the payment. If a vehicle is old and low value, it... View More

2 Answers | Asked in Consumer Law and Contracts for California on
Q: Dealership not certifying a car?

My mom leased a car in 2020, she decided she wanted to by the car. So her and I go back to the dealership to do just that. Every single person we talked to told us “in order to sell you the car, we have to certify it”. It was going to cost around $5,000.00 that was going to be added to the cost... View More

Leon Bayer
Leon Bayer
answered on Mar 28, 2024

To buy the car, just call the leasing company that you make the payments to. The dealer does not own the car and has no say in this process.

I hope you did not pay the dealer for 'certification.' That is just scam BS. You might report the dealer to the DMV, it sounds to me like a...
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2 Answers | Asked in Consumer Law and Contracts for California on
Q: Dealership not certifying a car?

My mom leased a car in 2020, she decided she wanted to by the car. So her and I go back to the dealership to do just that. Every single person we talked to told us “in order to sell you the car, we have to certify it”. It was going to cost around $5,000.00 that was going to be added to the cost... View More

James L. Arrasmith
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answered on Mar 28, 2024

In California, when a dealership fails to fulfill its commitments or misleads customers about vehicle certification and necessary repairs, consumers have rights under both state and federal laws. These laws include the Song-Beverly Consumer Warranty Act, also known as the California Lemon Law, and... View More

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1 Answer | Asked in Consumer Law, Business Law, Gov & Administrative Law and Municipal Law for California on
Q: Autopay (water bill) with a credit card & paperless billing since 2008: Can city now charge fee for credit card use?

The city gets to save money with paperless billing. The customers set up auto pay with a credit card. This was a win-win. But the city now wants to change terms saying they will charge customers for credit card fees. This eliminates the incentive for the city to use a low cost credit card... View More

James L. Arrasmith
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answered on Mar 27, 2024

In California, businesses, including cities providing utilities, have the discretion to charge fees for credit card transactions, subject to state regulations and any agreements they may have with customers. The legality of introducing a new fee after a service has been provided under certain terms... View More

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