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Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for New York on
Q: A loan company told one of my references how much i owe without my permission. Is that illegal?

I owe them some money from last month they called one of my references left a voicemail that disclosed how much I owe them, the last time I made a payment and even texted it to them

Tim Akpinar
Tim Akpinar
answered on Jun 18, 2024

A debt collection or consumer rights attorney would know this best, but you await a response for a week. Until you are able to discuss with someone who works in this area, it could depend on the scope of the agreement and what information it says will be shared with co-signers or other parties... View More

1 Answer | Asked in Consumer Law for Tennessee on
Q: I'm being charged for a septic service when I am not hooked up to it or requested it i have my own tank , What
Anthony M. Avery
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answered on Jun 18, 2024

Start with complaining to the Lincoln County Mayor. From there, inform whoever is charging you that you will not pay for a utility service you do not get. I have a feeling the Mayor knows what is going on. You may need to get your County Commissioner involved also.

1 Answer | Asked in Consumer Law for California on
Q: problems solar company. Not producing expected power . roof leaks and damage. panels sitting outside for seven months

I have saved all communication with solar company

James L. Arrasmith
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answered on Jun 17, 2024

Under California law, you may have several legal options to address issues with a solar company that has failed to meet its obligations, resulting in underperforming solar panels, roof leaks, damage, and delays in installation. Here are some steps you can consider:

1. Review your contract:...
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1 Answer | Asked in Consumer Law, Contracts and Federal Crimes for California on
Q: Usual and customary authentication procedure in discovery

What is usual and customary procedure for defendant to authenticate identities of service providers and agreements thereof?

James L. Arrasmith
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answered on Jun 17, 2024

Under California law, authenticating the identities of service providers and agreements typically involves a few key steps during the discovery process. You would begin by serving discovery requests, such as interrogatories, requests for admission, or requests for production of documents, to obtain... View More

1 Answer | Asked in Health Care Law, Consumer Law and Contracts for California on
Q: Ways to block disclosure of data by hospital

How defendant hospital can prevent, confront, or disobey court order to disclose contractual or employment record between hospital and providers?

James L. Arrasmith
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answered on Jun 17, 2024

To address a court order for disclosure of data, you can start by asserting physician-patient privilege, which may apply if the records contain sensitive patient information. Argue that the release of these documents would violate confidentiality agreements and patient privacy rights, as protected... View More

1 Answer | Asked in Consumer Law, Contracts and Employment Law for California on
Q: How verification of authenticity of person is achieved in legal discovery?

obtaining verification that record is made by real person is usual step in legal discovery. How it can be approached without unreasonable delays?

James L. Arrasmith
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answered on Jun 16, 2024

Under California law, there are a few key ways to verify the authenticity of a person or record during legal discovery:

1. Depositions: Conducting a deposition under oath allows you to question the person who created a record or has relevant knowledge. Their sworn testimony can help...
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1 Answer | Asked in Consumer Law, Civil Rights, Gov & Administrative Law and Small Claims for New York on
Q: My brother’s car was impounded I got a notarized letter to release the car but the towing company refuse to release it

The didn’t accept the notarized letter.

Everytime they ask for some sort of form I get it for them then they refuse to accept it and they ask for something else.

Now they’re asking for a form to be sent from wherever the owner is in Fedex but Fedex is not available there and no... View More

James L. Arrasmith
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answered on Jun 15, 2024

It sounds like you're facing a frustrating situation with the towing company. Despite providing all the necessary documentation, they continue to reject it and create additional hurdles. The requirement for your brother to personally release the car, especially when international shipping... View More

Q: Do I need the list all ingredients in a hair growth oil that only contains essential oils?

I want to sell a hair growth formula I created. It is a blend of 5 essential oils. I want 3 of them to be kept private. The reason for this is because this specific formulation and combination of oils is currently not on the market and I would like to keep my unique formula protected. Would I be... View More

James L. Arrasmith
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answered on Jun 15, 2024

When selling a hair growth oil, you generally need to comply with cosmetic labeling regulations, which typically require listing all ingredients on the product label. This ensures transparency and helps consumers make informed choices, especially if they have allergies or sensitivities.... View More

2 Answers | Asked in Civil Litigation and Consumer Law for Connecticut on
Q: I have 2 cars that was impounded by the cops and was moved 3 times by a towing company for the police do I have to pay?

The towing company said I had to to get the cars out. Shouldn't the police have to pay because they're the ones that moved them?

James L. Arrasmith
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answered on Jun 15, 2024

If your cars were impounded by the police and moved multiple times by a towing company, it's common for the vehicle owner to be responsible for the towing and storage fees, even if the police initiated the impoundment. This can be frustrating, but typically, the police department contracts... View More

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1 Answer | Asked in Consumer Law for New Mexico on
Q: Hello, I live in New Mexico and I am currently shopping for a vehicle. Can I take advantage of dealers advertised typo?

They are advertising a new vehicle on their website for $680. No where does it say, down payment, monthly payment, lease, or additional fees may apply. It says total cost $680. When I inquired about it, they said it was a typo

James L. Arrasmith
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answered on Jun 15, 2024

If a dealer is advertising a new vehicle for $680 and claims it was a typo when you inquire, it is unlikely that you can legally force them to honor that price. Advertisements with clear typographical errors are generally not legally binding, as the price discrepancy is usually obvious and... View More

1 Answer | Asked in Consumer Law for Texas on
Q: Do I have to pay for repairs on my bicycle if they broke my bike

I took my bicycle in for repairs and they said it fell over and broke a part

James L. Arrasmith
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answered on Jun 15, 2024

If you took your bicycle in for repairs and the shop damaged it by letting it fall over, you should not be responsible for paying for the damages they caused. Generally, repair shops have a duty of care to protect customers' property while it's in their possession. If they failed to do... View More

1 Answer | Asked in Appeals / Appellate Law, Consumer Law, Contracts and Small Claims for California on
Q: Rights of a Plaintiff in Trial De Novo - Small Claims Appeal, if the judgment comes in favor of the Defendant

Original Small Claims case on SC-100 was filed by the Plaintiff against the Defendant, and the Small Claims Court decided in favor of the Plaintiff.

The Defendant then filed an appeal on SC-140.

1) In a Trial De Novo - Small Claims Appeal, if the judgment comes in favor of the... View More

James L. Arrasmith
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answered on Jun 14, 2024

In California, if a plaintiff loses in a trial de novo following an appeal in a small claims case, the plaintiff has limited options. The decision from the trial de novo is generally final, and the plaintiff cannot appeal further. However, if there were significant procedural errors or misconduct... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law and Contracts for California on
Q: I was renting a mailbox for like 3 years and when I paid and tried to pick up my mail they refused and said I didn't pay

I have all eeceipts and correspondence all I want is them to forward my mail!

James L. Arrasmith
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answered on Jun 14, 2024

Under California law, if you have paid for a mailbox service and the provider refuses to give you access to your mail, you have the right to take action. First, gather all your receipts and correspondence proving that you have made the payments. These documents are crucial in demonstrating that you... View More

1 Answer | Asked in Consumer Law, Federal Crimes and Health Care Law for California on
Q: Unique distinct authentic identity of natural person

Plaintiff propounds on defendant-private hospital interrogatory about verifiable authentic identity.

Can inquiry be based on section 1798.3 (a)?

On what statute interrogatory must be based in order to ensure that authentic unique accurate identity information is provided?... View More

James L. Arrasmith
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answered on Jun 14, 2024

You can base the inquiry on section 1798.3(a), which defines "personal information" in a way that encompasses the unique and authentic identity of a natural person. This section is part of the California Civil Code, specifically the California Consumer Privacy Act (CCPA), and it is... View More

1 Answer | Asked in Consumer Law, Banking, Business Law and Small Claims for Illinois on
Q: I disputed a transaction involving 2 charges with my credit card co. A credit was given for 1 charge but not the other.

This dispute involved the same set of facts and documents. Since it involved 2 charges, 2 separate reviewers were assigned to my dispute. One reviewer granted a permanent credit for 1 charge. The other reviewer closed the dispute for the 2nd charge without a credit and said I was responsible for... View More

Matthew McKenna
Matthew McKenna
answered on Jun 13, 2024

I would contact a consumer protection attorney that is familiar with the Truth in Lending Act. Depending on the circumstances, you may have a case and a consumer protection attorney will likely offer you a free consultation and may not charge you anything up front if there is a case to bring.

1 Answer | Asked in Consumer Law, Contracts, Construction Law and Energy, Oil and Gas for Missouri on
Q: Do I owe my electrician money?

I received a quote for whole house rewiring and finishing. It was divided into the rewiring and finishing and then the second line item was for new amp service. He did the new amp service to my knowledge and the rewiring. I paid him 60% of the total bill which I thought was paid in full for the... View More

John Michael Frick
John Michael Frick
answered on Jun 13, 2024

If you received a quote, agreed for him to do the work, and he started doing the work but hasn't finished it, you have a contract even if you do not have a fully integrated written document commemorating of the terms of your agreement.

If you breach the agreement by not allowing him to...
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2 Answers | Asked in Consumer Law for New York on
Q: On 4/26/24 I paid $100 with debit card On 5/16/24 I paid $200 debit Canceled on 6/1/24 Can they after $300 was paid?

My Geico auto due $554 4/29/24

4/26/24 debit $100

5/16 debit $200 over phone assured everything ok as long as I pay remaining balance

John Michael Frick
John Michael Frick
answered on Jun 13, 2024

In most situations, an automobile liability insurance company must cancel a policy if the premium is not paid in full within 30 days of the due date. You do not mention whether you paid the remaining balance of $224 by 5/29/24. My guess is that you didn't and that is why GEICO cancelled the... View More

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2 Answers | Asked in Consumer Law for California on
Q: I understand that storage facilities only need to given an existing tenants a 30 day notice for increasing their rent.

How is it that they can randomly pick a % amount to increase it by and not disclose it in the contract?

Better yet, rent increases can be given 3 months after you first start renting. Generally speaking most people assume that a rent increases come annually like a home rental. Why are... View More

James L. Arrasmith
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answered on Jun 13, 2024

In California, self-storage facilities are regulated by the California Self-Service Storage Facility Act. This act does provide some protections for tenants, but it is not as comprehensive as the laws governing residential rentals. Here are a few key points:

1. Notice period: The act...
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2 Answers | Asked in Consumer Law for California on
Q: I understand that storage facilities only need to given an existing tenants a 30 day notice for increasing their rent.

How is it that they can randomly pick a % amount to increase it by and not disclose it in the contract?

Better yet, rent increases can be given 3 months after you first start renting. Generally speaking most people assume that a rent increases come annually like a home rental. Why are... View More

John Michael Frick
John Michael Frick
answered on Jun 13, 2024

At the time of entering into the business relationship, customers and self-storage companies are perfectly capable of negotiating additional terms like a longer notice if any increase is more than 10% if they so choose. Most of the time. the parties agree that the self-storage rental agreement is... View More

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1 Answer | Asked in Consumer Law for Arizona on
Q: Is it legal for a receptionist to discuss your balance due loudly for others to hear?

I went to my appointment and went to check in. She asked name and then said are you aware of the balance you owe. I said yes. She said a balance of 200+ loudly and asked if I was going to pay. I said not right now but in a few days. I don’t think that is legal and if it is , well it feels like it... View More

John Michael Frick
John Michael Frick
answered on Jun 13, 2024

This is no different than a cashier at a fast food restaurant, grocery store, or retail store telling you the the total amount owed for a purchase. No reasonable person overhearing the conversation would consider it defamatory or really think anything much about it. Her telling you your balance... View More

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