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New York Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Copyright, Civil Rights, Gaming and Intellectual Property for New York on
Q: Doesn't censorship of a product after point of sale present some legal challanges?

What of censorship in general? the freedom of speech and exspression mean nothing when there's no one or no way to hear it.

I'm very concerned about the pressures from many special interest groups and diverse and even opposing political parties trying to control or cancel people... View More

James L. Arrasmith
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answered on Sep 11, 2023

You have raised a multi-faceted issue that encompasses both the legal domain and the evolving norms in society.

From a legal standpoint, private companies like game developers and publishers generally have a broad latitude to modify their products as they see fit, including post-sale. This...
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3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for New York on
Q: If a case is reassigned in federal court to a different judge, do previously submitted motions need to be resubmitted?

If, in a federal civil action, a case is reassigned from a magistrate judge to a district judge and all hearing dates are vacated with the order that "motions must be renoticed for hearing before the judge to whom the case has been reassigned," does that mean the previously submitted... View More

Marco Caviglia
Marco Caviglia
answered on Sep 9, 2023

Generally, reassignment of a case does not mean it starts all over again. That goes for motions which were filed and presumably decided already. The rulings are considered the law of the case. Essentially, the new judge picks up where the former judge left off.

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3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for New York on
Q: If a case is reassigned in federal court to a different judge, do previously submitted motions need to be resubmitted?

If, in a federal civil action, a case is reassigned from a magistrate judge to a district judge and all hearing dates are vacated with the order that "motions must be renoticed for hearing before the judge to whom the case has been reassigned," does that mean the previously submitted... View More

Tim Akpinar
Tim Akpinar
answered on Sep 11, 2023

When a case is reassigned, its earlier history follows. Motions that have been filed and decided should stand as part of the case disposition. For pending motions that might have been filed before the reassignment, any other activity that might be pending. open, or unknown, the clerk(s) may be able... View More

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3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for New York on
Q: If a case is reassigned in federal court to a different judge, do previously submitted motions need to be resubmitted?

If, in a federal civil action, a case is reassigned from a magistrate judge to a district judge and all hearing dates are vacated with the order that "motions must be renoticed for hearing before the judge to whom the case has been reassigned," does that mean the previously submitted... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 12, 2023

If the order is telling you to renotice the motion, then do so, even if the motion was already electronically filed. As for the deadline to do so, probably sooner rather than later and in accordance with any standing discovery orders. You can always try contacting the Judge's secretary or... View More

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1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Small Claims for New York on
Q: Got chemical burns to my face and scalp, from Blonde Solutions hair products applied by their Educator. who do I sue?

After visiting a dermatologist, I found out the person listed as an Educator was an Unlicensed stylist.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 8, 2023

Sorry to hear what happened to you. If the educator was the individual who applied (or misapplied) the hair product in question, you would arguably sue that person along with his or her employer (assuming the educator was acting within the scope of employment). In the meantime, take photographs... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Libel & Slander for New York on
Q: A Company calls people that dont' like censorship creeps. is this slander?

there's a product called "skullgirls" that has remained RELITIVELY uncensored but now is very censored... in strange an inconsistent ways.

i've been trying to contact the game companies Autumn Games, Future Club and Hidden Varriable studios... to no avail. and a lot of... View More

James L. Arrasmith
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answered on Aug 29, 2023

Calling individuals "creeps" and "predators" could potentially be considered defamation, depending on the context and whether the statements are presented as facts rather than opinions. To have a viable defamation claim in California, you would need to prove that the statement... View More

1 Answer | Asked in Consumer Law, Copyright, Intellectual Property and Internet Law 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 Aug 29, 2023

In California, modifying a digital product post-purchase may or may not violate laws depending on the terms of service or end-user license agreement (EULA) that customers agreed to at the time of purchase. If the terms explicitly reserve the right to make changes to the digital content, the company... View More

2 Answers | Asked in Collections and Consumer Law for New York on
Q: How do i stop collection agency harassment? In addition to calling me several times a day they also contact others

They also call family members about me. If i answer the phone no one responds. They either hang up or just breathe into the phone

Scott L. Lanin
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Scott L. Lanin
answered on Aug 27, 2023

One thing you might consider doing is to write a letter to the collection agency to dispute the charge, request debt validation, and request copies of all underlying documents including the original credit agreement or contract, payment history, invoices and statements, and demand letters. They may... View More

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2 Answers | Asked in Collections and Consumer Law for New York on
Q: How do i stop collection agency harassment? In addition to calling me several times a day they also contact others

They also call family members about me. If i answer the phone no one responds. They either hang up or just breathe into the phone

Carl Nelson
Carl Nelson
answered on Aug 27, 2023

I agree with Mr Lanin. It may also be helpful to contact a qualified attorney, either to review the harassing contact that the debt collectors have made (which may violate various provisions of New York or federal law), and to review your financial situation overall to determine the best course of... View More

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3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for New York on
Q: What is the process of suing a company? I unknowingly purchased food that contained bugs in it, how do I sue?

I have the receipt, I took pictures of the barcode, etc. I also took the pictures of the bugs and what looked like holes within the black-eye peas.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 25, 2023

Purchasing food that contained bugs, without more, will not justify the time and expense of a lawsuit, even a lawsuit you bring yourself. Your damages are arguably limited to the purchase price. You'd be better off writing to the manufacturer and asking for a full refund.

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3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for New York on
Q: What is the process of suing a company? I unknowingly purchased food that contained bugs in it, how do I sue?

I have the receipt, I took pictures of the barcode, etc. I also took the pictures of the bugs and what looked like holes within the black-eye peas.

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2023

If you are contemplating using an attorney, they would advise. If you are interested in handling the claim yourself, there are resources online. If you consult with an attorney, one of the first questions raised will be the extent of damages you suffered. I hope you're okay, but unless there... View More

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1 Answer | Asked in Consumer Law, Contracts, Health Care Law and Personal Injury for New York on
Q: I found feces marks on my hotel sheets and the house manager said that she didn’t inspect the room, should I sue?

My mom and I went to a hotel in the city. While I was in the bathroom, she was fixing the sheets. She was trying to fix the bed before leaving and found feces marks on the sheets underneath the sheet that she was laying on. The hotel has a cleanliness policy and this is violating it. Should we sue... View More

Jacqueline A. Cara
Jacqueline A. Cara
answered on Aug 14, 2023

In order to have a viable cause of action to sue, you will have to prove damages. That means that you incurred injury or cost related to the incident. If, for example, the hotel refused to correct the issue and you had to get a different room at your expense, that might be sufficient damages.... View More

2 Answers | Asked in Consumer Law, Entertainment / Sports, Gaming and Small Claims for New York on
Q: If compulsory censorship happens to a digital good, artbook or game AFTER a sale. is that effectively theft?
T. Augustus Claus
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answered on Aug 10, 2023

Compulsory censorship of a digital good, such as an artbook or a game, after a sale may not be considered theft in the legal sense, but it could potentially lead to other legal issues or breaches of contract, depending on the circumstances and the terms of the sale or licensing agreement.... View More

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2 Answers | Asked in Consumer Law, Entertainment / Sports, Gaming and Small Claims for New York on
Q: If compulsory censorship happens to a digital good, artbook or game AFTER a sale. is that effectively theft?
Tim Akpinar
Tim Akpinar
answered on Aug 11, 2023

If the censorship arose out of circumstances beyond the control or knowledge of the seller, such as more stringent standards materializing out of new interpretations of the First Amendment, it might be a constitutional law issue more than a matter of theft, fraud, or misrepresentation. An attorney... View More

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1 Answer | Asked in Consumer Law, Business Law and Internet Law for New York on
Q: The web host I've been with for more than 20 years just disabled my account because of a dispute with Discover Card.

I put in a dispute about a $100 unexplained fee with Discover, so they deactivated my account without notice. I now have no email on those accounts. Is it legal to do this without notice? I sent in many trouble tickets asking them what the fee was for but never got a solid answer. This is affecting... View More

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2023

There are attorneys who specialize in IT matters, but your question remains open for a week. Until you're able to consult with one, from the standpoint of contract law, it could depend on your hosting agreement. It's possible the payment dispute was treated as a breach of the agreement,... View More

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: I took my vehicle to have new brakes put on, the mechanic did more than I approved without my permission, is it legal

They gave me a bill for 713.00 because they went ahead and replace things I didn't ask them to replace, I haven't paid them until I can find out if they had a right to do that , they didn't call and ask me about the other items they repl

T. Augustus Claus
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answered on Jun 27, 2023

A mechanic generally cannot perform repairs or replace parts without the customer's approval unless there is an immediate safety concern. If the mechanic performed unauthorized repairs and charged you for them, you may have grounds to dispute the charges and seek a resolution, potentially... View More

1 Answer | Asked in Banking and Consumer Law for New York on
Q: Under the law 15 usc 1662B I’m I required to put a down payment on a auto financing loan Yes or no
Carl Nelson
Carl Nelson
answered on Apr 28, 2023

The section you refer to (I am assuming 15 USC 1662, which does not have a subparagraph "B") deals with advertisements for the extension of consumer credit. It prohibits such an ad from stating that a specified down payment is required *unless* that creditor usually and customarily... View More

3 Answers | Asked in Consumer Law for New York on
Q: Provider stored my credit card info w/out my permission and charged it months later w/out my authorization. My rights?

In 9/2022, my son had root canal therapy. He was covered by two insurances at the time so I had a small deductible which I paid at the counter with my credit card.

Months later I received 1st invoice from the endodontist for $1,007, stating our second insurance denied the claim. I... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Mar 29, 2023

By all means, initiate a chargeback and monitor your credit. Federal law now generally prohibits most medical debts from being reported to credit reporting agencies. Initiating the reinvestigation procedure under the FCRA may be necessary. Responding to the provider bill with a well drafted letter... View More

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3 Answers | Asked in Consumer Law for New York on
Q: Provider stored my credit card info w/out my permission and charged it months later w/out my authorization. My rights?

In 9/2022, my son had root canal therapy. He was covered by two insurances at the time so I had a small deductible which I paid at the counter with my credit card.

Months later I received 1st invoice from the endodontist for $1,007, stating our second insurance denied the claim. I... View More

Tim Akpinar
Tim Akpinar
answered on Mar 29, 2023

Ask to be included on denials or appeals notices from insurance carriers in the future. These usually have short shelf lives. Appeals must be usually be undertaken (or arbitration notices filed against the insurance carrier) within short windows of time, and it could take time to gather supporting... View More

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1 Answer | Asked in Consumer Law, Employment Law, Personal Injury and Products Liability for New York on
Q: The IEEE has an intense engineering and technology standards making organization and processes to be followed.

To what extent should licensed Professional Engineers and Certified Technologists serve in Responsible Charge of standards development to protect the public?

Tim Akpinar
Tim Akpinar
answered on Mar 22, 2023

Those standards are there to protect the public. Professional Engineers are usually well qualified to develop standards due to their experience in real world settings. At the same time, there are also other highly qualified technical professionals who are well suited to develop standards, without... View More

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