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New York Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Contracts for New York on
Q: I signed a non disparagement agreeement with a plastic surgeon. Can I write truthful reviews without giving my opinion?

To get a discount on a mini-facelift, I had to sign a non-disparagement agreement. There was no positive outcome from my facelift. Can I write honestly about the pre and post op? I will write what happened which will be negative but be truthful.

Tim Akpinar
Tim Akpinar
answered on Feb 8, 2024

I wouldn't. A disparagement agreement is a restraint about making statements that are basically negative or derogatory in nature. It is a different legal standard than defamation, where truth could serve as a defense against an allegation of slander or libel. It's a safe bet that the... View More

1 Answer | Asked in Business Law, Consumer Law, Criminal Law and Federal Crimes for New York on
Q: Is it illegal to create a crypto token, create a liquidity pool, immediately remove liquidity &/or sell your own supply

Token has no use, other than its name and icon there is no details given about it or its tokenomics (total amount of tokens or release schedule). There's no promoting, advertising or marketing for the token, The creator doesn't tell anybody about the token. The tokens the creator sells... View More

James L. Arrasmith
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answered on Jan 16, 2024

Based on the details provided, there is likely no outright illegal activity here from a criminal law perspective. However, the token creator would still have some civil liability risks related to securities regulations and anti-fraud laws. A few key points:

- Simply creating and selling...
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1 Answer | Asked in Consumer Law for New York on
Q: How do I sue a auto dealer ship for fraud in NYS

My reasons for sueing ,

Withholding any other material information about the used vehicle;

Misrepresenting my credit score and/or eligibility for financing in order to get me to agree to a higher interest rate and/or other unfavorable terms;

Inflating the total purchase... View More

James L. Arrasmith
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answered on Jan 13, 2024

To sue an auto dealership for fraud in New York State (NYS) based on the reasons you mentioned, you can follow these general steps:

Gather Evidence: Collect all relevant documents and evidence to support your claims, such as sales contracts, financing agreements, correspondence, and any...
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1 Answer | Asked in Consumer Law for New York on
Q: Seeking legal advice with a car loan the dealer make many mistakes on

Car purchased in 9/2023 for months I have called the credit union listed on all my paper work but they don’t know who I am. Dealer says banks are delayed and to be patient. Today my co signer received a bill from a completely different credit union saying he has to make the payment. It is my... View More

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

If I understand your facts correctly, you got agreement from someone to cosign for a loan on your vehicle purchase. This makes him liable for payment of the outstanding balance as well as you. You state that somehow there are two creditors demanding payment, not just one. If you had two... View More

1 Answer | Asked in Consumer Law, Lemon Law and Arbitration / Mediation Law for New York on
Q: Can I file both a Lemon Law complaint and a Vehicle Safety Complaint in the state of NY?

I purchased a used vehicle from a dealer in early 2023. Immediately it started to present numerous mechanical issues, and in fact was not in my possession for five months as it was shuffled between three separate repair shops. I filed a Lemon Law Complaint through the NYS Attorney General in July... View More

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

The key words I notice are "settled out of court" which means there was some sort of payment to you (as you did not have your vehicle replaced by the manufacturer as you may have been entitled) in exchange for some sort of release. The terms of that release are the crux of you civil... View More

2 Answers | Asked in Consumer Law for New York on
Q: I don't know what practice area my scenario falls under.

I moved into my new apartment October 2022. After I set up a brand new account with my utilities provider, ConEdison, a balance transfer of $2,800 was applied to my account a week later using my social security. I reached out to point out a mistake was made, as this was my first account made with... View More

James L. Arrasmith
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answered on Jan 8, 2024

Your situation falls under consumer law, particularly issues related to utility billing and possibly identity theft. Since a balance was incorrectly applied to your account, and you have already taken the initial steps of filing police and FTC reports, further legal action may be necessary to... View More

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1 Answer | Asked in Banking and Consumer Law for New York on
Q: I had a 17 year old car with 250,000 miles. I offered $3000 to credit union to settle. I voluntarily surrendered car.

They said no. They want $250 a month. I'm on social security. I can't pay. What do I fo

James L. Arrasmith
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answered on Jan 6, 2024

In your situation, it's important to communicate your financial limitations clearly to the credit union. Explain that you are on Social Security and cannot afford the $250 monthly payment. It's helpful to provide a detailed account of your income and expenses to show why the payment is... View More

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: I leased a BMW SUV in NY, but the SUV was totaled, and the BMW FS ( NJ) refused to return my prepaid. Where can I sue?

I leased a BMW SUV in NY for 36 months with a huge cash down payment for less monthly payment, but the SUV was totaled in the 13th month, and the BMW FS ( NJ) refused to return my prepaid. They said the down payment is for less monthly payment, it's not prepaid for the lease fee. I'm... View More

Carl Nelson
Carl Nelson
answered on Dec 4, 2023

The cost of a lease is comprised of the vehicle’s depreciation during the term plus a money factor, which is essentially interest (not to mention other fees and taxes). Generally you would be responsible for the term of the lease over the term, but could also be responsible for damage more than... View More

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for New York on
Q: I have a judgment against me for 8,000 in NJ (from 12 years ago) and am currently residing in NY.

I have a judgment against me for approx $7,000 total (from 12 years ago) in a different state (NJ and Florida) and am currently residing in NY. I cannot pay this debt right now in any way, not even a minimum payment. Can the debtor come after my vehicle (worth approximately 4k) if it's... View More

Martha Warriner Jarrett
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answered on Nov 20, 2023

A judgment against you can be enforced against your interest in any asset, whether it is jointly owned with another or not. HOWEVER, the more important question is whether (a) the judgment is still valid, which is a question of New York law; (b) whether you have any equity in the car (difference... View More

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1 Answer | Asked in Consumer Law and Gaming for New York on
Q: The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways.

The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while... View More

James L. Arrasmith
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answered on Nov 17, 2023

The situation you're describing with the Skullgirls digital product raises complex issues in digital content and consumer rights. In the digital realm, the rights and expectations can be significantly different from those associated with physical products. The End User License Agreement (EULA)... View More

1 Answer | Asked in Consumer Law and Civil Litigation for New York on
Q: The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways.

The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while... View More

James L. Arrasmith
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answered on Nov 17, 2023

In cases like the Skullgirls situation you're describing, where digital content is altered post-purchase, the legal implications can be complex. For digital products, the terms of service or end-user license agreement (EULA) often give the company wide latitude to make changes. It's... View More

1 Answer | Asked in Consumer Law for New York on
Q: This guy started but didnt complete a autobody job on my vehicle. I have multiple texts confirming. Will i win in court?

I engaged the services of an individual to rectify a flawed Bondo repair on my vehicle's quarter panel. Regrettably, this individual initiated the work but failed to complete it, subsequently evading any attempts at communication. I possess a collection of text messages corroborating his... View More

James L. Arrasmith
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answered on Nov 4, 2023

In court, the strength of your case will depend on the evidence you present to demonstrate that the individual agreed to perform a service and failed to complete it.

Text messages confirming the agreement and the unfinished work may serve as significant evidence. Small claims court is...
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1 Answer | Asked in Consumer Law and Banking for New York on
Q: NYC: Recently my bank account seized, Never heard anything before my bank told-me, I filed an OTSC, as i am also 90%...

In NYC, my Bank Acct Seized, No prior notice, seems I am exempt due to the CPRL and being a hardship case. Due to as listed in the CPRL's that 90% of all my , or any profits, are personal, and were in that acct. to do what i have been, put-there from personal money to Pay-Bills yet NO profit... View More

James L. Arrasmith
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answered on Nov 4, 2023

If you've already filed an Order to Show Cause (OTSC) and believe that CPLR 1012 applies to your situation, you can request permission from the court to amend the OTSC to include this additional statute. This request should be made as soon as possible and explain why CPLR 1012 is relevant to... View More

1 Answer | Asked in Consumer Law for New York on
Q: I bought a used car for $5,000 but faced registration issues and significant repairs. Can I sue the seller for a refund

In December of the previous year, I acquired a vehicle from a private individual. However, due to issues from the seller's end, I have been unable to register it with the DMV. I've been using the car, but in July, its catalytic converter was stolen, leading to a $4,000 replacement cost.... View More

James L. Arrasmith
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answered on Nov 4, 2023

In New York, used car sales between private parties are generally considered "as is," meaning you would typically take the car with all its faults, unless there was an express written warranty or the seller made specific misrepresentations that you relied upon in purchasing the vehicle.... View More

1 Answer | Asked in Consumer Law for New York on
Q: I dispute a charge on cc and was credited twice. I sent letter and still havent received a bill can they invoice me 2yr

i disputed a charge on my credit card 6 months ago and the company issued me a duplicate credit. This means I was not charged for the service. I sent a certified letter explaining their mistake and informing them to charge me. TO date they still havent charged the credit card for the service. How... View More

James L. Arrasmith
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answered on Nov 4, 2023

If you've received a duplicate credit for a disputed charge, it's responsible to inform the company of their error, which you've done. Generally, there is no set time frame for when a company must correct a billing error; however, they do have the right to correct it once they... View More

1 Answer | Asked in Consumer Law for New York on
Q: Is work done on a vehicle by a dealership covered by a warranty?

My wife's car started to have the problems. It was past the factory warranties. However Ford has had so many problems with these engines that they not only resigned the engine block to fix the problem. But also issued a Technical Service Bulletin (TSB) for a free replacement of original engine... View More

James L. Arrasmith
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answered on Nov 4, 2023

If a dealership performs work on a vehicle in response to a Technical Service Bulletin (TSB), the repairs may come with a warranty, especially if they involve significant work like an engine replacement. The details of the coverage should be explicitly stated in the repair documentation provided by... View More

1 Answer | Asked in Consumer Law and Internet Law for New York on
Q: How can I get my money back for car parts listed on facebook marketplace, paid for with cash app? Parts never arrived.

I sent $3500 to a seller on facebook markert place and paid with cash app. The seller canceled the shipment and has stopped responding. I would like to take legal action to get my money back and have legal fees paid for by them. I am located in New York, they are in Arkansa. I have reported them to... View More

James L. Arrasmith
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answered on Nov 4, 2023

If you've been scammed on Facebook Marketplace, there are several steps you can take to attempt to recover your money. First, report the fraud to Cash App, as they may have a process for disputing transactions. Additionally, contact your local police department to file a report; they can... View More

1 Answer | Asked in Consumer Law, Small Claims, Copyright, Business Law and Intellectual Property for New York on
Q: The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways.

The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while... View More

James L. Arrasmith
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answered on Nov 4, 2023

If you purchased a digital product like a game or an art book, the terms of the sale, including any End User License Agreement (EULA), will typically govern what the seller can and cannot do after the purchase. Many digital products come with licenses that allow the company to update or alter the... View More

2 Answers | Asked in Consumer Law, Communications Law and Constitutional Law for New York on
Q: My hair stylist uses a camera w/audio in his hair salon. There is no notice. Is this legal in NY? I expect privacy?

The owner of my hair salon in NY uses a ring doorbell type camera in his salon. He claims it has the ability to zoom and has audio. He does not mention this to you and there is no posted notice. He only brings it up when you have an issue with your hair. He said "I only use it for liars and... View More

James L. Arrasmith
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answered on Oct 26, 2023

In New York, it's generally legal to video record in public places where there's no reasonable expectation of privacy. However, the audio recording is more restrictive. Under New York Penal Law § 250.00, it's a "one-party consent" state, meaning at least one party in the... View More

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1 Answer | Asked in Consumer Law, Business Law and Constitutional Law for New York on
Q: NYC a clause to be exempt from taking my Personal Bill paying money, should i add the CPRL 1012 to the OTSC in NYC?

Can you help? My account seized, no prior notice. Being a herd ship case as per the CPRL’s predicate. Seems "would apply. Exemption states money be personal & 90% of all profit there be exempt. Was my constitutional rights destroyed by seizing$? The acct. were ONLY Non-Contracting... View More

James L. Arrasmith
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answered on Oct 18, 2023

From the information provided, it seems you are referring to New York's Civil Practice Law and Rules (CPLR), particularly sections related to exemptions from money judgments and possible orders to show cause (OTSC). If you believe that CPLR 1012 applies to your situation, you could consider... View More

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