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Louisiana Consumer Law Questions & Answers
4 Answers | Asked in Car Accidents, Criminal Law, Consumer Law and Personal Injury for Louisiana on
Q: Could I go to jail for a car accident without insurance in Louisiana?

I was a passenger in my own vehicle when another person who was driving caused an accident. I don't have insurance, but the police allowed me to leave the scene without citing or charging me. No one was hurt, except for a woman who went to the hospital as a precaution. Both vehicles involved... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 25, 2025

Based on your post, I doubt you would go to jail and/or be threatened with jail. As for legal trouble, there is the possibility of traffic citations being issued to you although generally they are issued at the scene. Another possibility is a civil claim being made against you depending on the... View More

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2 Answers | Asked in Car Accidents, Consumer Law and Personal Injury for Louisiana on
Q: Legal options for car accident injuries when insurance lapsed

My vehicle was struck by another vehicle on March 13, 2023; the other driver was at fault and received traffic citations. The accident totaled the car and injured two passengers with facial injuries and a broken hip. My mother’s insurance lapsed on March 9, 2023, and the responsible party’s... View More

Loyd Bourgeois Jr
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answered on Mar 20, 2025

Unfortunately, if the crash occurred in March 2023, the matter is prescribed - meaning your claim is lost. If the date you entered is wrong and the crash occurred recently in March 2025 - you may have options. Even though the insurance on your vehicle was lapsed and the claim may be subject to... View More

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1 Answer | Asked in Consumer Law and Real Estate Law for Louisiana on
Q: Can HOA change resolutions without notifying neighborhood members?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 8, 2024

My best guess: Resolutions? Probably. Restrictions/covenants? No. The answer is in your HOA's governing documents---please review them or consult with a lawyer for the purpose of have them reviewed to obtain an answer to your question(s). I know you are saying resolutions but resolutions... View More

1 Answer | Asked in Consumer Law, Banking, Civil Rights and Landlord - Tenant for Louisiana on
Q: If a bank placing a hold on my check causes me to be evicted do I have a case .

The bank my employer uses placed a hold on my check . The check isn’t clearing until the 3rd of June from what I’m told . My rent is due may 30th. If I become evicted do I have a case

James L. Arrasmith
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answered on Jun 3, 2024

If your eviction is directly caused by the bank placing a hold on your check, you might have a potential case. The key factors to consider include whether the bank followed proper procedures for holding the check and if they provided adequate notice of the hold. It's also important to examine... View More

1 Answer | Asked in Tax Law and Consumer Law for Louisiana on
Q: How can i get my money back from my tax preparer she scams me for9000 dollars I didn't find out till this year she would

would;t give me my tax papers or tell me how much i;m getting so i could have check she said she only took 729.00 but she really took 9000 because i got a real copy from the irs and now she is trying todo it again she want answer my call or text messages she works for legally max i need to no the... View More

James L. Arrasmith
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answered on May 5, 2024

I'm sorry to hear that you've been scammed by your tax preparer. This is a serious situation, and you should take the following steps to protect yourself and try to recover your money:

1. Gather all relevant documents: Collect any paperwork related to your taxes, including the...
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2 Answers | Asked in Consumer Law for Louisiana on
Q: Is it legal for usps charge me for a po box because they will not deliver to my home

I live in small town and and they charge the town except for select few for po box when they could just deliver to our homes

James L. Arrasmith
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answered on Feb 23, 2024

It is legal for the USPS to charge for a PO Box service, even if they do not deliver mail to your home. While it may seem unfair, the USPS operates under specific regulations and policies that govern their services and pricing structures. In many cases, the cost of providing home delivery to every... View More

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1 Answer | Asked in Consumer Law for Louisiana on
Q: is receiving benefits from someone else/business spending illegal?

A friend works at a company which buys groceries from a store that offers points toward cheaper gas. The friend asked a coworker, who buys said groceries, to use his phone number in order to reap the points from the grocery store, for personal use, via the company spending money.

James L. Arrasmith
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answered on Feb 5, 2024

Using a rewards program in a manner that diverts benefits intended for a company to an individual, without the company's consent, can raise legal and ethical issues. The legality of this action depends on the terms of the rewards program, the company's policies regarding employee benefits... View More

2 Answers | Asked in Consumer Law for Louisiana on
Q: Can you make a company honor a quotation after both parties agree to the price?

I was looking at options for homeowners insurance and reached out to Allstate. They said they could provide coverage only if I moved my auto insurance there as well. I agreed, and they send a quote for both homeowners and auto insurance. The price was agreed upon by myself and the insurance... View More

James L. Arrasmith
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answered on Dec 1, 2023

In Louisiana, if a quotation from a company like an insurance provider is agreed upon by both parties, it generally forms a binding agreement. However, the enforceability of this agreement depends on the specifics of the communication and the extent to which the terms of the quote were clear,... View More

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1 Answer | Asked in Consumer Law and Civil Litigation for Louisiana on
Q: Do I have a civil case against a dealership for poor workmanship on auto repairs and inconvenience?

I had warranty work done on my 2023 Nissan Rogue at a dealership, involving the replacement of an EGR valve. The workmanship was poor, resulting in coolant depletion and further damages estimated at over $2500. I've documented all communications and assessments from another dealership... View More

James L. Arrasmith
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answered on Apr 16, 2025

You purchased covered warranty work, which creates an implied promise that the dealership will perform repairs in a competent, workmanlike manner. When a warranty repair fails and causes over $2,500 in additional damage, you have grounds to assert breach of contract and negligent workmanship... View More

1 Answer | Asked in Health Care Law and Consumer Law for Louisiana on
Q: Why am I charged a membership fee when my visits are state-funded?

I am receiving state-funded medical services at Infinite Health Doctor and Pain Doctor. However, I am still being charged an $80 membership fee each month. I've learned that other patients are also paying this fee. I have not contacted the state department about my coverage or the fee yet. Why... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like the membership fee you're being charged might be for additional services that are not covered by your state-funded plan. Some medical practices charge membership fees to cover administrative costs, enhanced services, or other benefits that are outside the scope of what the... View More

1 Answer | Asked in Consumer Law and Insurance Defense for Louisiana on
Q: Insurance company seeks retroactive payments for an unapproved finance amount since last July, with no prior communication received.

Last July, my insurance agency issued a certificate of insurance for my truck and trailer. However, the finance company did not approve the amount, and I am surprised to learn from the insurance company that my insurance is considered active since last July, despite no payments being collected from... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you're in an unexpected and frustrating situation with your insurance company. Since the finance company didn’t approve the finance amount and you weren’t informed of any issues, it’s concerning that the insurance company is now asking for retroactive payments. First, you... View More

1 Answer | Asked in Health Care Law and Consumer Law for Louisiana on
Q: Pharmacy refusal to fill prescribed ivermectin for child

I took my 8-year-old son to our family doctor, who diagnosed him with a virus and prescribed ivermectin, which I requested based on my belief in its effectiveness. However, when I went to Walgreens to fill the prescription, the pharmacy refused to fill it, claiming my doctor had canceled it, which... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds frustrating to be in this situation, especially when you’ve already confirmed with your doctor that the prescription is valid. Since Walgreens has refused to fill the prescription without a clear reason, the first step is to ask for clarification in writing. Request that they explain... View More

1 Answer | Asked in Consumer Law and Contracts for Louisiana on
Q: Can I sue a company for hidden fees in a car purchase in LA?

I attempted to purchase a car online that was advertised for $300 down and $3,000 upon delivery. However, I ended up paying an additional $4,200 for unexpected fees related to stamps and insurance. Additionally, they asked for another $500 to deliver the car, which I could not pay. When I requested... View More

James L. Arrasmith
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answered on Apr 11, 2025

What you’re describing sounds like a deceptive and unfair transaction, especially if the fees were not disclosed upfront and the car was never delivered. In Louisiana, companies must clearly disclose the full cost of a purchase, and failing to do so can be considered a violation of the Louisiana... View More

1 Answer | Asked in Contracts, Business Law and Consumer Law for Louisiana on
Q: Are non-refundable deposits enforceable after unexpected business closure?

I owned a birthday party rental place but had to unexpectedly close due to the economy. We had a non-refundable deposit policy clearly stated on our website, which customers had to acknowledge before paying by credit card. Our policy allowed bookings to be made 24 hours in advance, and the closure... View More

James L. Arrasmith
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answered on Apr 11, 2025

This is a tough situation, especially when the closure was sudden and out of your control. While non-refundable deposits are generally enforceable in Louisiana if clearly disclosed and agreed to by the customer, they are usually tied to services actually being available. If customers paid for... View More

Q: Can I sue a medical marijuana pharmacy for false advertisement of a product?

I purchased a jar of flower from my pharmacy. The item did not match the photo on the website, so I went back into the pharmacy and they said it was out of their hands. The next day the photo used for that product was changed to just a photo of the jar, and the photo that was on the product... View More

James L. Arrasmith
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answered on Apr 11, 2025

What happened to you sounds misleading, especially if the product you received didn’t match the photo and the pharmacy later changed the image without explanation. In Louisiana, businesses—including medical marijuana pharmacies—are not allowed to use deceptive or false advertising practices.... View More

1 Answer | Asked in Consumer Law and Gov & Administrative Law for Louisiana on
Q: Can Cleco force me to pay my ex-boyfriend’s bill to restore power in Louisiana?

I live in New Iberia, Louisiana. Can Cleco force me to pay my ex-boyfriend's utility bill because I moved into the house where he was evicted? After he moved out, I stayed at his house occasionally as he was my boyfriend, but I lived in Maurice. Cleco is refusing to turn on my power unless I... View More

James L. Arrasmith
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answered on Apr 11, 2025

What you're going through is incredibly frustrating, especially since you're being asked to pay someone else’s debt just to get basic services. In Louisiana, utility companies like Cleco are not legally allowed to require a new customer to pay a previous occupant’s unpaid bill unless... View More

1 Answer | Asked in Car Accidents, Criminal Law, Consumer Law and Personal Injury for Louisiana on
Q: What to expect in court for accident in 2019 with suspended license, no insurance?

I was involved in a car accident in Louisiana in 2019 while driving with a suspended license and without insurance. Due to COVID-19, the court proceedings were delayed, but I am now required to appear in court in 2025. The other party's car was totaled, and I still have no car, money, or... View More

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answered on Apr 11, 2025

It’s completely understandable to feel anxious walking into court for something that happened years ago, especially with everything that’s happened since. In Louisiana, driving with a suspended license and no insurance is taken seriously, but since you haven’t been in trouble before and there... View More

1 Answer | Asked in Consumer Law for Louisiana on
Q: Are loans from unlicensed lenders legally enforceable in Louisiana?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 11, 2025

More information is needed however if there is an agreement for one to loan money to another and money is passed, then yes, I believe the loaner can sue if he does not receive repayment. Now, one might argue that the terms of the loan ---the details as to the actual amount which is to be... View More

1 Answer | Asked in Consumer Law for Louisiana on
Q: Got served papers from a bank that is suing me for credit card debt. The last payment I made was over 5 yrs ago.

The bank is based out of Florida but the branch I opened the account in 2013 was in Alabama. I was served a few days ago from a parish in Louisiana where I live currently. I’ve read everywhere that I am past the statute of limitations but need to respond to the summons. Thank you

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 11, 2024

Yes, you need to respond to the summons within the delays of the law-----at a minimum, you should contact a lawyer in your area to discuss the subject matter and the lawsuit itself, and after the meeting then determine whether or not you want to handle this yourself or hire a lawyer.

1 Answer | Asked in Collections, Consumer Law and Contracts for Louisiana on
Q: I am helping someone in dealing with a debt collection suit. How to be successful with dismissal in their favor?

The Credit Card debt is for roughly 9K. It appears the last payment (per credit report) was April 2022 thus we are aware SOL expiration would not apply. We are looking to challenge the debt buyer’s burden of proof as it relates to legitimacy in rightful ownership of this debt in addition to... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 17, 2024

You are asking an online attorney to give you legal advice for someone else's benefit. That's the unauthorized practice of law, were someone on here to do that. I recommend that your friend retain an attorney.

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