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Maryland Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Wrongful Death for Maryland on
Q: On August 21, my sister was in a house fire and passed. I found a defective lighter in her truck. Two exploded out of 5

my question is the fire report said it was careless smoking and won’t even hear me when I’m trying to tell them that it had to have been a defective lighter since I found one in her truck and since bought three more and have had to blow up in my face. Due to the fire report and the fact that... View More

Mark Oakley
Mark Oakley
answered on Nov 25, 2024

What you describe is pure guess, conjecture and speculation. You do not identify any hard evidence that a lighter (a) exploded in her home; or (b) was the cause of the fire that killed your sister.

The fact that it could have happened that way doesn’t mean it did. The fact that other...
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1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for Maryland on
Q: What legal recourse do I have under the lemon laws for MD?

I purchased a 2013 650I BMW from an Annapolis MD dealership in or around 7/2022 which unbeknownst to me was a lemon. To my surprise, I learned during a service call for an oil change in 6/2024 that the vehicle which has been driven minimally as a result of me working from home during the pandemic... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

While it is frustrating to have significant repairs on a vehicle you recently purchased, a used vehicle that is 9 or 10 years old does not have the same warranties as a new car.

Maryland's "lemon law" applies to a NEW passenger car, light truck or motorcycle that has...
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1 Answer | Asked in Consumer Law and Insurance Bad Faith for Maryland on
Q: How can I challenge State Farm's undervaluation without incurring prohibitive legal costs and ensure my 27-1001

How can I challenge State Farm's undervaluation without incurring prohibitive legal costs and ensure my 27-1001 filing is as strong as possible?

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2024

A Maryland attorney could advise best, but your question remains open for a week. Until you are able to consult with a local attorney, the general manner of challenging an undervaluation could include presenting evidence in the form of comparable listings within a given region, an... View More

2 Answers | Asked in Car Accidents, Personal Injury and Consumer Law for Maryland on
Q: I paid a company to put brake and rotors on my car and it caused me to hit a wall and tire damage. Can I sue?

I accrued medical expenses and tow expenses and well as getting the damaged done out of pocket

Francisco Javier Morales
Francisco Javier Morales
answered on Jul 3, 2024

Yes, you can sue the company that installed the brakes and rotors on your car if their negligence caused you to hit a wall and suffer medical damages.

To succeed in a negligence claim against the company, you would have to demonstrate that the company's improper installation of the...
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2 Answers | Asked in Car Accidents, Personal Injury and Consumer Law for Maryland on
Q: I paid a company to put brake and rotors on my car and it caused me to hit a wall and tire damage. Can I sue?

I accrued medical expenses and tow expenses and well as getting the damaged done out of pocket

Rick  Nicotra
Rick Nicotra
answered on Jul 3, 2024

Yes, you may have a valid claim if you can prove that the service work performed was substandard and caused the crash. It may require a vehicle inspection by an expert to provide an opinion admissible in court. You will need to prove that the work was done negligently and was a substantial factor... View More

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1 Answer | Asked in Consumer Law and Construction Law for Maryland on
Q: A contractor charged me for fencing panels but installed pickets instead--isn't "bait and switch" illegal?

I do not believe he is licensed. He has a LLC. I have searched the internet and his company does not come up or his name. Yet he is telling everyone he is licensed. He built a deck for my neighbor and did a great job. I reviewed all his work on FB and everyone seemed satisfied. However, the... View More

Scott Scherr
Scott Scherr
answered on Apr 30, 2024

It is a crime for an unlicensed contractor to work without a license. If he is not licensed, you can file criminal charges and ask for a refund as restitution.

If he is licensed, you can filed a complaint with the home improvement commission.

You also could sue him for damages.

Q: Mva said I can't renew my license without REAL ID. To me MD 16-122 says something different. Can you please clarify?

I have spoken with different people at MVA and no one can can give me a straight answer. I have told them repeatedly that 16-122 (ii) that states I am eligible for a Federally Non-Compliant drivers license. A contact told me RUDELY to look at case law Motor Vehicle Administration v. Geppert. That... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, it seems there is some confusion and inconsistency in how the Maryland Vehicle Administration (MVA) is interpreting and applying the Real ID Act and relevant Maryland statutes. Let me try to clarify a few key points:

1. The federal REAL ID Act...
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Q: Mva said I can't renew my license without REAL ID. To me MD 16-122 says something different. Can you please clarify?

I have spoken with different people at MVA and no one can can give me a straight answer. I have told them repeatedly that 16-122 (ii) that states I am eligible for a Federally Non-Compliant drivers license. A contact told me RUDELY to look at case law Motor Vehicle Administration v. Geppert. That... View More

James L. Arrasmith
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answered on Apr 11, 2024

Regarding REAL ID and driver's licenses in Maryland:

- The federal REAL ID Act requires states to meet certain security standards for state-issued driver's licenses and ID cards in order for them to be accepted for certain federal purposes, like boarding commercial aircraft....
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1 Answer | Asked in Consumer Law, Contracts and Construction Law for Maryland on
Q: I inadvertently hired an unlicensed contractor. I'm unhappy with the work, but I haven't paid yet. What happens now?

I hired a Virginia-based company to repair a leak in my home. I asked if they were licensed to work in Maryland, and they said they were, but the document they provided me says "Out-of-state contractor (not for home improvement)," and neither the business trade name nor any of the... View More

Mark Oakley
Mark Oakley
answered on Feb 17, 2024

Performing a home improvement without a license is a criminal offense in Maryland, and the civil courts will not enforce the contract for the contractor. In other words, the contractor cannot legally accept payment, or sue you if you don’t pay, so no, you do not have to pay. I would immediately... View More

1 Answer | Asked in Cannabis & Marijuana Law, Consumer Law, Tax Law and Business Law for Maryland on
Q: What regulations are involved with Cannabis Accessory e-commerce in the state of Maryland?

I am looking into creating an E-commerce site that sells Cannabis Accessories (Grinders, Pipes, Etc). I have no intention on selling any CBD products.

James L. Arrasmith
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answered on Jan 28, 2024

Here are the key regulations around selling cannabis accessories online in Maryland:

1. Legal to sell cannabis accessories - Maryland has legalized cannabis accessories, so products like grinders, rolling papers, pipes, bongs, etc are legal to sell to adults over 21.

2. No sale of...
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1 Answer | Asked in Contracts and Consumer Law for Maryland on
Q: My car transmission has been replaced twice still financing and paying rental car what can I do

Along with other problems like catalytic covertor axle broke and transmission being replaced twice which they had for 6 weeks and we paid 3000 dollars in rental car

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 15, 2023

It isn't clear what legal issue you are seeking help with. It is neither fun nor cheap to replace a transmission but generally that falls 100% on the car owner unless the car is covered under a Lemon Law.

Maryland "Lemon Law" only applies to new (or newer) cars driven...
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1 Answer | Asked in Animal / Dog Law and Consumer Law for Maryland on
Q: I bought some cattle over the phone from a cattle dealer in NY State. He told me they weigh an average of 1250 Lbs.

When they got here I weighed them and they averaged 915 lbs. I had paid him before he sent them to me. What can I do to make him take them back or refund money to me ?

James L. Arrasmith
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answered on Dec 6, 2023

In your situation, where the cattle delivered from New York State weigh significantly less than what was represented by the seller, you have a few potential options to pursue. The discrepancy in weight can be a valid basis for a claim, especially if you have evidence of the seller's original... View More

1 Answer | Asked in Consumer Law, Civil Rights, Health Care Law and Legal Malpractice for Maryland on
Q: can a pharmacist withhold a refill medication due to CDS because it has not been pre-approved by health insurance.

Requested to pay out of pocket, long standing prescription

James L. Arrasmith
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answered on Dec 21, 2024

Yes, a pharmacist can withhold a refill if your insurance hasn’t pre-approved the medication. Insurance companies sometimes require prior authorization for certain prescriptions, even if you’ve been using them for a long time. This process ensures that the medication meets your insurance’s... View More

1 Answer | Asked in Business Law, Consumer Law, Criminal Law and Domestic Violence for Maryland on
Q: Store manager refused to let me in 15 mins before close. I posted a TikTok then she messaged me threatening to beat me.

I went to the Childrens place 15 mins before close and manager refused to let anyone in. I posted a TikTok that went viral and received a message on TikTok from the manager threatening to beat my a**. I live in the stores neighborhood and have been afraid to leave my house to shop and do activities... View More

Tim Akpinar
Tim Akpinar
answered on Sep 14, 2024

A Maryland attorney could advise best, but your question remains open for three weeks. At this point, you could reach out to Maryland attorneys to try to arrange a free initial consult. A law firm would probably want to discuss in detail and possibly investigate things before offering an evaluation... View More

1 Answer | Asked in Consumer Law, Appeals / Appellate Law, Civil Litigation and Legal Malpractice for Maryland on
Q: Is it possible that I can appeal Bar Counsel's decision to a circuit court or Appellate Court?

An atty filed a frivolous lawsuit against me. I fought back and the atty quickly withdrew the complaint. Yet the case still costed me a significant amount of atty fees and expenses. Subsequently, I filed a complaint with Maryland Attorney Grievance Commission against the atty for misconduct. The... View More

Scott Scherr
Scott Scherr
answered on Aug 22, 2024

Unfortunately, bar counsel has the sole discretion whether to pursue a grievance against an attorney. You cannot appeal their decision.

1 Answer | Asked in Consumer Law and Civil Rights for Maryland on
Q: On Maryland is it unlawful to paint an Emergency Fire line in front of my home

My HOA painted a Red Emergency Fire line inches away from my home but a small part of that Fire line is in front of my home. Isn't this illegal?

James L. Arrasmith
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answered on Jul 27, 2024

It's understandable to feel concerned about the fire line painted near your home. Generally, homeowners associations (HOAs) have the authority to designate and paint emergency fire lanes in community areas, including sections that might be in front of private residences. This is often done to... View More

1 Answer | Asked in Consumer Law and Products Liability for Maryland on
Q: I ordered food from Uber eats I got a call about a half hour later from the driver saying they just let her know that t

They were outta buns so naturally I cancelled the order yet I was charged a fee of 28.50 and didn’t get food it’s outta my control I don’t feel we should pay for that

Scott Scherr
Scott Scherr
answered on Dec 25, 2023

Contact Uber Eats and tell them what happened. You should ask for a refund. If they deny the refund, dispute the charge on your credit card.

1 Answer | Asked in Consumer Law for Maryland on
Q: Hello, I have an unsecured loan note from my brother wich is notorized back in 1998 with payoff date 2005.

Last page indicated"Witness our hands and seals "above signature line. Note was signed in WVA. My brother lender lived in NH back in 1998. Now he lives in MA and I live in MD. After 23 years he wants the loan 50k plus interest total 120k due to family feud.

Note: During last 23... View More

Mark Oakley
Mark Oakley
answered on Oct 14, 2023

I am aware of no statute of limitations that would be as long as 23 years. In Maryland the SOL is three years. For a contract “under seal” like your promissory note, the SOL is extended to 12 years. However, Maryland law on this issue will not apply if the lender was in NH and the borrower... View More

1 Answer | Asked in Consumer Law, Business Law and Collections for Maryland on
Q: Is this an FDCPA violation?

A lawyer (debt collector) issued subpoenas to my boyfriend, my bank, and my multi-member LLC's registered agent, all of whom are outside of the state the judgment was recorded in. Is that considered informing third parties? Is it an FDCPA violation worth suing over?

Joel Gary Selik
Joel Gary Selik
answered on Oct 3, 2023

If the judgment was domesticated into the State in which the subpoenas were issued, it is proper.

1 Answer | Asked in Consumer Law, Contracts, Family Law and Tax Law for Maryland on
Q: I terminated services with a daycare provider and the provider is refusing to provide a receipt. What should I do?

The licensed provider did not require a contract however just the required forms to be completed for state regulation. However there are emails and text messages showing the business relationship for an 8 month period.

James L. Arrasmith
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answered on Sep 14, 2023

If the daycare provider is refusing to provide a receipt, you can take the following steps:

1. Communicate Clearly: Send a polite and formal written request, preferably via email or text message, asking for the receipt. Mention any relevant details like the dates of service and payment...
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