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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

1 Answer | Asked in Consumer Law for Florida on
Q: I purchased a funerales catolicos de puerto Rico burial service for my brother who reside in texas. Can i cancel even t

Can i cancel even though the clause states 15 days after signing? His wife decided to bury him in Texas

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answered on Jun 5, 2024

To determine if you can cancel the burial service despite the clause stating a 15-day period, start by reviewing the contract for any exceptions or additional clauses regarding cancellations. Sometimes contracts include special provisions for unexpected situations or changes in plans.

Next,...
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1 Answer | Asked in Consumer Law for Florida on
Q: I would like to file a civil suit against a large company for fraud, my time and frustration & future credit monitoring.

I want to file a civil suit against a large company for fraud, my time and frustration & future credit monitoring. I either need an attorney to represent me or advise me on what to file. This is a very large company; I have all the proof needed, I filed a complaint with DocuSign, Microsoft, My... View More

John Michael Frick
John Michael Frick
answered on May 8, 2024

First, "time and frustration" is not a legally compensable element of damages in most types of cases. What matters most in this type of case is what actual legally compensable damages you suffered. How much money did you have before your dealings with this company that you parted with... View More

1 Answer | Asked in Consumer Law, Contracts and Car Accidents for Florida on
Q: What are my options if my GAP insurance doesnt want to Cover my Balance after a total loss in FL?

I was in an accident and received no citations but my car was declared a total loss. I was promised no storage fees from the body shop my vehicle was held in while waiting for a decision from insurance. They ended up chsrging over $5k in storage fees which my insurance then deducted from the... View More

Linda Liang
Linda Liang
answered on May 3, 2024

Unfortunately, this does happen. The storage facility will charge storage and unless you got the promise that there were not going to be storage charges in writing it will not be binding. GAP Insurance ordinarily covers the “gap” between what is owed in the vehicle and the fair market value the... View More

1 Answer | Asked in Consumer Law for Florida on
Q: I'm trying to find the appellate law referring to not just an atty appearing in mediation but also the client.

per rule 1.710 Fl rule civil procedure, not only atty but also the client MUST appear, but my opponents atty say they only will appear.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 29, 2024

I believe you are mis-reading Florida Civil Rule 1.720 (b). The phrase "deemed to appear" doesn't REQUIRE both the client AND the attorney to appear. The filing of a confirmation of authority required under subdivision (e) would solve any problem; see subdivision (f).

2 Answers | Asked in Consumer Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: No Fruit Trees - HOA? Can anything be done to secure my rights

No Fruit Trees - HOA?

Just notice in the HOA handbook (which no one gave us but is listed in facebook - because everyone uses that right!!!) -No fruit bearing trees are permitted.

However, it doesn't say whether it's a backyard rule or not. In addition, I have a FENCED in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 21, 2024

Of your HOA says no fruit trees, it's no fruit trees. You signed up when you bought your house for the HOA rules in place then, and as changed. You may not like it, you may think it's a stupid rule, but it's a rule. Courts will not overturn an HOA rule as long as the rule is not... View More

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1 Answer | Asked in Banking, Business Law and Consumer Law for Florida on
Q: Can a company issue a refund for a disputed charge and then after the refund is received, make a new charge for it?

I received a refund for a disputed charge and then without warning or them contacting me in anyway, they posted a new charge for that amount. Keep in mind I waited a few months before I touched the refund, I was worried that it was just a provisional amount so I waited their processing time, and... View More

James L. Arrasmith
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answered on Apr 21, 2024

It is generally not appropriate for a company to issue a refund for a disputed charge and then make a new charge for the same amount without prior notice or agreement from the customer. This practice could be seen as deceptive and may violate consumer protection laws.

However, there are...
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1 Answer | Asked in Consumer Law, Real Estate Law and Municipal Law for Florida on
Q: if a defendant did not answer a specific interrogatory - who do I make them answer.
Angelo "Tony" Marino Jr.
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answered on Apr 15, 2024

In Florida, you must first reach out to the defendant and try to resolve the matter; that is get him/her to agree to supply a better answer. If that does not work, then you need to do a motion to compel better answer(s) and send that along with a notice of hearing set before your judge. I suggest... View More

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: Can I sue if my bill of sale the dealership and the servicer have different rates, prices etc

I requested a copy of my retail installment contract from my car loan servicer. When i compared it to The bill of sale/ buyers order I received from the dealership that i signed the it was completely different. The vehicle price was off by a thousand dollars, the amount financed is different, as... View More

James L. Arrasmith
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answered on Apr 13, 2024

If there are discrepancies between the bill of sale from the dealership and the retail installment contract from your car loan servicer, you may have grounds for legal action. However, the success of your case will depend on several factors, such as the nature and extent of the discrepancies, the... View More

1 Answer | Asked in Consumer Law for Florida on
Q: Can I sue Carvana for selling me a previously damaged vehicle and stating in writing there was no damage ?

Carvana provides a written inspection report on the vehicle and also provides a Carfax.. I was shown a small scratch on the tailgate and a scuff on the grill in a picture as the "only" damage. After owning my vehicle for a short time paint started flaking off on the front fender and I... View More

James L. Arrasmith
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answered on Apr 10, 2024

Based on the information you provided, it seems that Carvana may have misrepresented the condition of the vehicle you purchased. If the company stated in writing that there was no damage beyond a small scratch and a scuff, but you later discovered that the vehicle had been repainted and repaired,... View More

1 Answer | Asked in Consumer Law, Small Claims and Contracts for Florida on
Q: Around 2 weeks ago I loaned a "friend" 200$. We both signed a note stating the amount loaned the date to be paid and a

Sentance stating if not repaid he has to surrender his vehicle keys to me.

The money has not been repaid. He will not answer text/calls.

How can I enforce the part of his keys being surrendered to me.

Angelo "Tony" Marino Jr.
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answered on Apr 8, 2024

You would need to sue your "friend" in small claims court for breach of contract and specific performance of the agreement. It will cost you about $100 to file and serve your friend, but if you win the case the cost will be part of the judgment against him. I suggest you go to the small... View More

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

2 Answers | Asked in Consumer Law and Civil Litigation for Florida on
Q: Navient student loan server/ lender consolidated all my loans including one from 1987.. then in 2022 all loans were

Discharged except for the one from 1987 they took it out of consolidation and I believe I was in deferment when they did this in 6/2016.. and sent old loan to trellis student loan collector..Without ! My notice .. trellis then garnished my wages without notifying.me I received no paperwork about... View More

Angelo "Tony" Marino Jr.
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answered on Mar 25, 2024

As previously stated, to garnish your bank accounts, a judgment had to be entered against you. Go to the website of the clerk of court of the county where you reside and type in your name. You should see a case with your name. Go to see if there is a return of service and see who was served with... View More

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1 Answer | Asked in Consumer Law for Florida on
Q: Purchased a car from dealer with clean AutoCheck, 2 days later saw there was accident damage. Can I return the car?

I informed the dealership about the accident damage and they refused to pay to repair it. So USAA cancelled the loan check. After which, now they are offering to fix the damage, but I no longer want that vehicle. The GM is refusing to allow me to return the car and trying to force to buy another... View More

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answered on Mar 18, 2024

I have handled many cases like this. This may be a classic case of auto fraud. Many dealers obtain an AutoCheck shortly after they purchase a car from an auction or customer with the hope that it does not show auto damage. However, they always inspect the vehicle and know of the damage. I... View More

2 Answers | Asked in Consumer Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Florida on
Q: gettting retainer refund

hired a firm but after thye missedd 2 conferences and me hjaing to ask over and over about status i hear nothing ican assume no work has been done how cani get my funds back ?

James L. Arrasmith
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answered on Mar 13, 2024

I'm sorry to hear you're having trouble with the law firm you hired. It sounds like a very frustrating situation. Here are some steps you can take to try to get a refund of your retainer:

1. Document everything: Gather any emails, letters, contracts, receipts or other records...
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2 Answers | Asked in Consumer Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Florida on
Q: gettting retainer refund

hired a firm but after thye missedd 2 conferences and me hjaing to ask over and over about status i hear nothing ican assume no work has been done how cani get my funds back ?

Angelo "Tony" Marino Jr.
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answered on Mar 13, 2024

I assume you are talking about a law firm. You can discharge a law firm at any time. However, the firm is entitled to a fee for what they have done. Depending on your agreement, it may be based on an hourly agreement or a contingency agreement. For example, if your agreement is hourly, and the... View More

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1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: question about Failure to Prosecute. Fla. R. Civ. P. 1.420 (e).

American Express sued me 1/14/2022 for a personal loan that I had not approved nor requested.

In Feb 2023 AMEX realizing they had a loser case offered to have the case dismissed with prejudice. I agreed to this because I could get derogatory statements removed on my credit report with... View More

Linda Liang
Linda Liang
answered on Mar 12, 2024

It seems that your attorney owes you a better explanation. Basically, Mere inaction for a period of less than 1 year

shall not be sufficient cause for dismissal for failure to prosecute. " Fla R. Civ P. 1.420(e) requires a clerk to send a notice of lack of prosecution and wait for 60...
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1 Answer | Asked in Consumer Law and Gov & Administrative Law for Florida on
Q: car dealership knowingly allowed someone other than myself to sign my name and traded in my vehicle for another what now

dealership = brevard co. person that signed = volusia co. my residence = levy co.

the same dealership ‘retired’ the tag on my cobalt to create a credit for the above mentioned vehicle also without my knowledge. i was arrested for driving on a ‘dead tag’. this happened twice, as... View More

James L. Arrasmith
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answered on Mar 5, 2024

Based on the information you've provided, it appears that the car dealership engaged in fraudulent activities by allowing someone else to sign your name and trade in your vehicle without your knowledge or consent. This is a serious matter that may involve multiple legal issues, including... View More

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: Am I possibly allowed to take Paypal to court after neglecting a compromise in my account and charging my removed card?

So it began yesterday morning at roughly 1:30 AM EST, when my account password was changed, so I had went back in and changed it. Little did I know, someone had been logged into my account, and Paypal (assumingly) did not log them out, after they copied my card numbers and then purchased an online... View More

James L. Arrasmith
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answered on Feb 23, 2024

Yes, you may have grounds to take PayPal to court if you believe they neglected a compromise in your account and mishandled your dispute regarding the unauthorized transaction. PayPal has a responsibility to ensure the security of their users' accounts and handle disputes fairly and... View More

3 Answers | Asked in Consumer Law, Real Estate Law and Tax Law for Florida on
Q: can someone ask for federal tax returns in interogatories in a residential florida property tax case where i am trying

to reduce my just property value? if so how do i object? thank you

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answered on Feb 5, 2024

In a residential property tax dispute in Florida, the opposing party might request various documents during discovery, including federal tax returns, to understand your financial situation or the property's income-generating potential. However, tax returns are considered private and sensitive... View More

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