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New York Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for New York on
Q: If pay a perium of $783 on a value of $40,000 on a commercial vehicle Sleeper tractor and value of $16,000 on a trl

Should i you I get paid of that value I was paying for that amount the insurance claim is only paying $20,000 for the truck & $6686 for the trailer for the loss of my equipment.

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2024

It could depend on the terms of the policy, whether you have an ACV (actual cash value) policy, (RCV) replacement cost value policy, or other arrangement. Review the paperwork that accompanies the proposed payment figures, including whether there are options for appeal, litigation, or arbitration -... View More

3 Answers | Asked in Medical Malpractice, Personal Injury, Consumer Law and Health Care Law for New York on
Q: Question 2: Would a patient falling from a stretcher be considered Medical Malpractice?

Patient was transported via ambulance to the Emergency Room at the hospital. Patient was told by hospital staff that he had fallen from the stretcher.

Medical Notes Available.

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

If the fall occurred during the transport or transfer conducted by ambulance personnel, the claim is more likely to be a simple negligence claim rather than medical malpractice. If the fall occurred inside the hospital, the claim may still be one of simple negligence, just different potential... View More

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3 Answers | Asked in Medical Malpractice, Personal Injury, Consumer Law and Health Care Law for New York on
Q: Question 2: Would a patient falling from a stretcher be considered Medical Malpractice?

Patient was transported via ambulance to the Emergency Room at the hospital. Patient was told by hospital staff that he had fallen from the stretcher.

Medical Notes Available.

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2024

It could be actionable as a tort claim, and attorneys might pose cogent arguments supporting both textbook negligence or med mal standards of care. However, Mr. Heyman raises a very good point that med mal claims often involve treatment/diagnosis on the part of medical professionals, defined by... View More

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1 Answer | Asked in Consumer Law for New York on
Q: A loan company told one of my references how much i owe without my permission. Is that illegal?

I owe them some money from last month they called one of my references left a voicemail that disclosed how much I owe them, the last time I made a payment and even texted it to them

Tim Akpinar
Tim Akpinar
answered on Jun 18, 2024

A debt collection or consumer rights attorney would know this best, but you await a response for a week. Until you are able to discuss with someone who works in this area, it could depend on the scope of the agreement and what information it says will be shared with co-signers or other parties... View More

1 Answer | Asked in Consumer Law, Civil Rights, Gov & Administrative Law and Small Claims for New York on
Q: My brother’s car was impounded I got a notarized letter to release the car but the towing company refuse to release it

The didn’t accept the notarized letter.

Everytime they ask for some sort of form I get it for them then they refuse to accept it and they ask for something else.

Now they’re asking for a form to be sent from wherever the owner is in Fedex but Fedex is not available there and no... View More

James L. Arrasmith
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answered on Jun 15, 2024

It sounds like you're facing a frustrating situation with the towing company. Despite providing all the necessary documentation, they continue to reject it and create additional hurdles. The requirement for your brother to personally release the car, especially when international shipping... View More

2 Answers | Asked in Consumer Law for New York on
Q: On 4/26/24 I paid $100 with debit card On 5/16/24 I paid $200 debit Canceled on 6/1/24 Can they after $300 was paid?

My Geico auto due $554 4/29/24

4/26/24 debit $100

5/16 debit $200 over phone assured everything ok as long as I pay remaining balance

John Michael Frick
John Michael Frick
answered on Jun 13, 2024

In most situations, an automobile liability insurance company must cancel a policy if the premium is not paid in full within 30 days of the due date. You do not mention whether you paid the remaining balance of $224 by 5/29/24. My guess is that you didn't and that is why GEICO cancelled the... View More

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1 Answer | Asked in Consumer Law for New York on
Q: I want to file lawsuit against an online retailer for refusing to give me a refund on a high value item.

I was scammed out of 1491.00 dollars by an online retailer who runs a fake website that is still operating.

Tim Akpinar
Tim Akpinar
answered on Jun 5, 2024

A consumer law attorney could advise best, but your question remains open for two weeks. It may have gone unanswered because this site isn't set up for an attorney to offer their services to handle your lawsuit. You would need to reach out to attorneys. In addition to your own searches, there... View More

1 Answer | Asked in Consumer Law, Identity Theft and Antitrust for New York on
Q: I have two class action lawsuits that I’m part of. I just learned about them what actions can I take?

It’s for Buffalo MRI or otherwise known as Owens versus US radiology and the Suboxone antitrust

Tim Akpinar
Tim Akpinar
answered on Jun 2, 2024

You could contact the case administrator(s) to learn more about the lawsuits. They should have access to the files, and would probably know more about the current disposition of the lawsuits. They would know better than attorneys on a public forum who are not familiar with the matter. Good luck

2 Answers | Asked in Consumer Law for New York on
Q: Is it legal for a life insurance company to deny me coverage because I am unemployed?

My son was denied coverage because he is unemployed.

Tim Akpinar
Tim Akpinar
answered on Jun 3, 2024

Life insurance companies exercise their right to deny or approve coverage on a number of factors - health, age, tobacco use, disease, illness, financial stability, employment, etc. However, it could be worth looking into other carriers. Each carrier's underwriting departments could apply... View More

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2 Answers | Asked in Consumer Law for New York on
Q: Is it legal for a life insurance company to deny me coverage because I am unemployed?

My son was denied coverage because he is unemployed.

James L. Arrasmith
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answered on Jun 2, 2024

Life insurance companies have the right to set their own underwriting criteria, which can include factors like employment status. Being unemployed might be seen as a higher risk or lower financial stability, leading to a denial of coverage. However, this practice can vary between companies and... View More

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2 Answers | Asked in Contracts, Consumer Law, Gov & Administrative Law and Municipal Law for New York on
Q: Can a car leasing company refuse to give you necessary paperwork required to pick up car from impound?

My vehicle was booted and subsequently towed due to parking tickets. When I tried to retrieve the vehicle I was also made aware that I owed tolls and I had a two day insurance lapse. I paid the tolls. The DMV said I could go get a plate letter so that the tow yard could sacrifice the plates for two... View More

James L. Arrasmith
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answered on Apr 21, 2024

Based on the information provided, it seems like you're caught in a bureaucratic nightmare with various agencies and companies giving you conflicting information and requirements. The situation is complex, and without knowing the specific laws and regulations in your jurisdiction, it's... View More

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2 Answers | Asked in Bankruptcy and Consumer Law for New York on
Q: I am in NY. In 8/19 a credit card debt lawsuit was filed against me. Last month a judgement was filed.

I have received no correspondence and do not recall the initial lawsuit notification. Is the statue of limitations up? I saw that NY went from 6 years to 3 years. What are my options?

James L. Arrasmith
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answered on Apr 16, 2024

I understand your concern about the credit card debt lawsuit and judgment. Here's some information that may help:

1. Statute of limitations: In 2022, New York reduced the statute of limitations for consumer credit card debt from 6 years to 3 years. However, this change only applies to...
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2 Answers | Asked in Bankruptcy and Consumer Law for New York on
Q: I am in NY. In 8/19 a credit card debt lawsuit was filed against me. Last month a judgement was filed.

I have received no correspondence and do not recall the initial lawsuit notification. Is the statue of limitations up? I saw that NY went from 6 years to 3 years. What are my options?

Carl Nelson
Carl Nelson
answered on Apr 15, 2024

The statute of limitations runs from when a cause of action accrues to when a complaint upon that cause of action may be commenced. If they have a judgment, your right to raise that as a defense now is likely waived.

You may want to speak to an attorney about the implications of the...
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1 Answer | Asked in Consumer Law, Personal Injury, Energy, Oil and Gas and Municipal Law for New York on
Q: Nyseg took the meter from my house, yesterday, a week after restarting my account. It is 15°

I am disabled, working through repairs from an electric fire. Are they responsible for broken pipes because they filled the lines with water, allowing the electric on, then caused the freeze with no notice removal. Fresh foods frozen, botled water froze(no electric no waterpump no toilets)

Tim Akpinar
Tim Akpinar
answered on Mar 24, 2024

I'm sorry for the stressful situation you have been placed into. It could be difficult for an attorney to offer a simple, direct answer to your question in the brief post without knowing more details, and figuring out what happened here. Until you're able to discuss with a local attorney,... View More

1 Answer | Asked in Consumer Law, Banking and Business Law for New York on
Q: How do I remove a delinquent/ charged off business credit card from my credit file for good?

My last payment on the credit card was 4/2020. I never made another payment because they closed my account. They recently updated it to a charge off on my credit report around 09/2023. Since this is a business credit card, how can I dispute it to be removed from my personal credit report for good?

James L. Arrasmith
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answered on Mar 20, 2024

First, check whether the business credit card was indeed under a personal guarantee. If it was, the delinquency could rightfully appear on your personal credit report. However, if the card was strictly under the business's name without any personal guarantee, you might have grounds to dispute... View More

1 Answer | Asked in Tax Law, Consumer Law and Business Law for New York on
Q: Is it normal to be charged tax on a repair of a musical instrument in NYC?

I brought in a violin to a luthier in Brooklyn NY to fix. She first told me a price for the job and I agreed and left it by her.

She also gave me a paper to sign which showed the original price. For some reason, she didn't give me a copy of the paper at that time.

Now two... View More

James L. Arrasmith
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answered on Mar 8, 2024

In New York City, charging sales tax on the repair of tangible personal property, including musical instruments, is standard practice. The tax applies to both the parts and labor involved in the repair, not just the physical items purchased as part of the service. Therefore, it's normal for... View More

1 Answer | Asked in Consumer Law and Health Care Law for New York on
Q: if no staff calls me back (b/c they are understaffed) to resched my biopsy can i sue?

after being referred for a thyroid ultrasound i am now told i need a biopsy, which i had scheduled. but i caught the flu, so i need to reschedule my biopsy. the problem is, i've called the department about 6-8 times at this point over the course of 3 days, no one picked up so i left bout 4... View More

Tim Akpinar
Tim Akpinar
answered on Feb 26, 2024

I'm sorry for your ordeal in trying to schedule and re-schedule a biopsy. It doesn't look like a matter for a lawsuit. It looks more like what you describe - a busy office. This is my individual take on the matter - you could consult with law firms out there. Sometimes, different... View More

1 Answer | Asked in Civil Rights, Consumer Law and Civil Litigation for New York on
Q: Stolen money and food poisoning

Two weeks ago, money was stolen from the locked safe in my room at Secrets Resort Tulum. Additionally, the air conditioning was malfunctioning for half of my stay. Despite informing them of our allergies, specifically stating no pork, we visited the resort restaurant three times. On the first two... View More

James L. Arrasmith
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answered on Feb 23, 2024

It's understandable that you're frustrated and seeking recourse after experiencing theft and food poisoning during your stay at Secrets Resort Tulum. In situations like this, it's essential to gather evidence and documentation to support your claims, including any receipts, medical... View More

2 Answers | Asked in Consumer Law, Copyright, Intellectual Property and Trademark for New York on
Q: Will there be legal issues if I mention TikTok's name while promoting my app?

Me and my team are working on a video sharing app called Clipzy and we have been promoting it as a TikTok alternative, and we wanted to make sure there weren't any legal issues that can arise.

James L. Arrasmith
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answered on Feb 21, 2024

Using TikTok's name to promote your app as an alternative might raise legal concerns depending on how you use it. While mentioning TikTok for comparison purposes could be considered fair use, implying an association or endorsement from TikTok without permission could lead to trademark... View More

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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

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