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New York Consumer Law Questions & Answers
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

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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