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Massachusetts Consumer Law Questions & Answers
1 Answer | Asked in Business Formation, Civil Litigation, Contracts and Consumer Law for Massachusetts on
Q: Who and where should I file a lawsuit against a company that is not in my state?

I was wondering who I should contact or just to go through small claims court in regards to a travel agency that promised to refund me and is giving the run-around as to why they can't refund me, after already promising to do so. Any information is greatly appreciated.

Will Blackton
Will Blackton
answered on Aug 29, 2017

If you signed a contract with the travel agency (most likely for your original transaction, not the refund), that contract may contain a provision regarding consent to jurisdiction and governing law. If that provision exists, contact an attorney in the state described in that provision.

If...
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3 Answers | Asked in Contracts, Car Accidents, Consumer Law and Small Claims for Massachusetts on
Q: Is "property damage" a legal issue? A tow truck driver damaged my car.

A tow truck driver towed my car and damaged the front fenders, front bumper, and undercarriage when he tried to remove the equipment attached to my car. He and the owner of the company refused to pay for the repairs to my car, and I want to file a small claims suit against the company. I also have... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 30, 2017

Were you illegally parked? How did the damage specifically occur? You may be able to sue them in small claims court for objectively unreasonable damage to your car during the tow. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

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1 Answer | Asked in Admiralty / Maritime, Consumer Law, Gov & Administrative Law and Tax Law for Massachusetts on
Q: How can a state demand boat taxes and fee's from a boat owner who is not a citizen or legal resident of the state?

Massachusetts demands a boat excise tax and several fee's for using their waterways. Regardless the boat owner is not a citizen or legal resident of the state. This also means one cannot vote in the state because the person is not a citizen or legal resident. Examples Here: Boat excise tax; a... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 18, 2017

In the same way you have to pay a highway toll when you're driving on the state roads, you'd have to pay boat taxes and fees for using the state's waters, regardless of residency/ citizenship. The state government is, proverbially, king of its castle. This is the basis of sovereign... View More

1 Answer | Asked in Consumer Law, Contracts, Collections and Juvenile Law for Massachusetts on
Q: Am I liable for my underage son's eBay and PayPal account balances

My 14 year old son secretly created an ebay and a paypal account. On the eBay account he sold a few items, the money was transferred to the PayPal account where he spent it on in video game purchases. He never sent the items and eBay issued the buyers a refund along with service charges which put... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 30, 2017

Yes, you may indeed be sued for that. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... View More

1 Answer | Asked in Consumer Law, Banking, Collections and Landlord - Tenant for Massachusetts on
Q: Someone stopped payment on a check owed me

Roommate guaranteed me if I left by a certain date she would give me my deposit back then stopped payment on her check

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 24, 2017

See: http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/about/securitydeposits.html

If the security deposit was owed to you, you may be able to sue for failure to refund it in a timely manner. More details are necessary to provide a professional analysis of your issue. The best...
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1 Answer | Asked in Collections and Consumer Law for Massachusetts on
Q: If a debt is from 2011, could I still be liable for the debt if I go to the hearing?

I have received notice of a magistrate hearing from a collection agency for credit card debt back in 2011. My last payment was in August of 2011. Am I still liable? I'm not sure if I should go to this hearing or set up a payment plan that I can not afford.

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 6, 2017

See: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260

See: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section2

You might be running very close to the SOL. More details are necessary to provide a professional analysis of your issue. The...
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1 Answer | Asked in Consumer Law and Small Claims for Massachusetts on
Q: If I was unable to pay a credit card & was expected to go to court, what court session would that be?
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 1, 2017

You should be provided notice of any court hearings, assuming the opposing party has your address and you're not being evasive. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about... View More

1 Answer | Asked in Consumer Law, Legal Malpractice and Small Claims for Massachusetts on
Q: Is it Legal for Auto Repair shop to ask me only to pay cash for discount

Brought my car to Brake King, I had my credit card on me and they had signs they accept them. So they look at my car and the mechanic said I need ALL NEW ROTORS and Brake Pads which I think is a lie but nonetheless he says he can do it for 500 dollars OR if I pay him cash 300$ and then told me he... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 20, 2017

There is no law against requesting payments in cash. See: http://www.mass.gov/ocabr/consumer-rights-and-resources/autos/lemon-laws/mechanics-of-auto-repair.html

If you suspect tax fraud, you can report it to the IRS. More details are necessary to provide a professional analysis of your...
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1 Answer | Asked in Divorce and Consumer Law for Massachusetts on
Q: If I am the account owner for my Verizon account, can I request transcripts of text messages with the content?

Do I need a court order or can I just do it myself?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

If you're the owner, you can request such transcripts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

1 Answer | Asked in Consumer Law for Massachusetts on
Q: Can photocopies of coupons be used as evidence
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 1, 2017

Photocopies of documentary evidence in lawsuits may suffice where the originals are not available. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice... View More

1 Answer | Asked in Bankruptcy and Consumer Law for Massachusetts on
Q: I have student loan and some credit debt how can I reduce this or eliminate

I became unemployed and homless is there a way not to pay the loan considering situation

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 18, 2017

You might be able to file for bankruptcy. You might be able to use federal student loan forgiveness laws to not pay the student loan, depending on the type of loan and school you attended. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice... View More

1 Answer | Asked in Consumer Law for Massachusetts on
Q: I bought a used car in a private sale that turned out to be a lemon - do I have any rights here?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 14, 2017

Lemon laws typically apply to new cars purchased from dealers. Did you buy the car as-is, with no warranties? If so, you may be out of luck. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal... View More

1 Answer | Asked in Consumer Law for Massachusetts on
Q: Tried to buy Pats tickets online - they were fake. Should I alert state consumer affairs or just deal with the loss.
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 21, 2016

I would recommend reporting the incident in order to help put a stop to such practices. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or... View More

1 Answer | Asked in Real Estate Law and Consumer Law for Massachusetts on
Q: Can an H.O.A. deny a homeowner permission to install an array of solar panels to a particular section of the roof?

There are existing solar panels on roof tops in the neighborhood. The front of my house faces Southwest, therefore the panels would go on the front of the roof. I was denied, appealed and denied again. The HOA recently added an addendum stating Solar panels are only considered for the side and... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 12, 2016

This sounds like a reasonable HOA measure for neighborhood beauty and uniformity concerns. Check your CC&R's for clarification on HOA rights and what repercussions (e.g., fines, injunctions, attorney's fees, etc.) you face if you intentionally violate HOA rules/ decisions. The best... View More

1 Answer | Asked in Consumer Law for Massachusetts on
Q: Do I have the right to cancel a car contract?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 11, 2016

There are valid reasons and legal bases to rescind a contract, some of which are statutory in nature and others may be in the contract's language itself. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not... View More

1 Answer | Asked in Consumer Law for Massachusetts on
Q: I've been told to withhold mortgage payments while the loan is getting refinanced - is this really wise?
John Mansella
John Mansella
answered on Dec 3, 2016

Who told you to withhold mortgage payments? -- an Attorney?? You should make sure it's not one of those scams parading around pretending to be a law firm that "modifies" your loan for a hefty fee. Some of those are legitimate, but some are scams. Some say they're a law firm, and... View More

1 Answer | Asked in Consumer Law and Products Liability for Massachusetts on
Q: any laws protecting consumer from being sold faulty products, that repeatedly fail because of same defect?

if i was sold a product that was faulty, and was "repaired" twice within warranty because of that defect, but failed again because of the same defect after warranty, is there any legal recourse? any law that says i should be refunded or my product should be replaced?

Peter N. Munsing
Peter N. Munsing
answered on Jul 29, 2016

Your product was not "merchantable" and under the Uniform Commercial Code you can ask for a refund.May be a violation of MGLc93a if they don't.

1 Answer | Asked in Consumer Law and Products Liability for Massachusetts on
Q: Did merchant violate Mail/Internet/Telephone Order Merchandise Rule by not letting me cancel delayed product?

Online retailer didn't let me cancel an order after the product was delayed. I had to utilize the BBB to get them to cancel the order weeks after it was supposed to arrive. Is this a violation of the Mail/Internet/Telephone Order Merchandise Rule? Can I sue them for damages?

Peter N. Munsing
Peter N. Munsing
answered on Jul 27, 2016

if the bbb let you cancel, then looks like you wouldn't have a cause of action. Possible better cause of action would be MGLc93(a)

Damages for not having product a)require showing that they knew time was of the essence and why

b) proof of the damages.

Their being idiots...
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1 Answer | Asked in Bankruptcy, Consumer Law and Employment Law for Massachusetts on
Q: Can changes be made to my Loan Modification Agreement if I became unemployed in the process?

A little over a year ago, I requested a loan modification agreement while I was employed full-time. January 2015, I lost my job and filed for unemployment where I collected for 6 months until my benefits ran out. Unfortunately, I still have no job. There was a 3 month trial period, which my sons... View More

Lamya A. Forghany
Lamya A. Forghany
answered on Jan 22, 2016

That is a tough one. It is true that you can qualify for a modification once every 12 months, HOWEVER, if there is a change is circumstances, then you could always apply again. I would call the bank and find out what your options are. If you still need help, feel free to call me.

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