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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 
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
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
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
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
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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
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
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
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
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
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
To what extent should licensed Professional Engineers and Certified Technologists serve in Responsible Charge of standards development to protect the public?
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
I received in the mail today and income execution for my paycheck for a debt from 2014. I have never received anything from this debt. No PaperWorks no phone calls. Also it was for a vehicle that I had $3000 balance on but was totaled out and the insurance paid when my car got stolen. Also, this... View More
answered on Mar 23, 2023
You did not indicate when the judgment was entered, but I would assume it would be some time ago and it may be too late to vacate the judgment—but this would depend on some of the dates and other circumstances.
Barring a vacatur of judgment, you could contact (personally or through an... View More
A few years ago my boyfriend’s parents were struggling financially and ended up modifying their mortgage loan (details unknown).
In this process, they asked my boyfriend to sign an acknowledgement of contribution stating that he lives there, is their son, and has been “contributing... View More
answered on Mar 20, 2023
Acknowledging a contribution for the purpose of a loan modification does not create personal liability on the existing note. The lender does sometimes ask for authorization to run a credit report of a contributor, and if he was living there the address should show as a residence. But since he is... View More
I had an offer for sale accepted at the end of August 2022, I paid 10% down and the loan officer stated that he would be able to help me with a loan. It was supposed to take place at the end of November 2022. The sponsor of the property, (seller) and the property management have been in touch with... View More
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answered on Mar 20, 2023
You do not need a consumer protection attorney; you need a real estate attorney because the fact that you're having direct contact with the seller makes me think you do not have an attorney representing you in your purchase. If you DO have an attorney representing you in the purchase, that... View More
I had an offer for sale accepted at the end of August 2022, I paid 10% down and the loan officer stated that he would be able to help me with a loan. It was supposed to take place at the end of November 2022. The sponsor of the property, (seller) and the property management have been in touch with... View More
answered on Mar 17, 2023
Real estate transactions in New York typically have attorneys on both sides (and one for the bank, and for co-ops, one for the co-op itself). You should contact an attorney to review the contract of sale (or if not yet entered into, to review the seller's draft) and deal with any issues... View More
with backed up dockets why does not the court simply rules on the motion? the other party has not bothered to oppose it. seems like a waste of time. Arbitration is the way to go and nobody waived it.
answered on Feb 24, 2023
There could be many reasons.
The Court may take the hearing off calendar prior to the hearing date.
There may be a requirement to file a notice of non- opposition.
The wrong type of motion may have been filed. The court may want to instruct the parties. The court’s... View More
My fiancé and I signed a contract in Suffolk County NY to get married at a venue. We subsequently cancelled due to our new date (previous date 2/28/21 during covid restrictions) being more expensive and we were unable to afford the increase. We signed both new date (5/20/22) contract and the... View More
answered on Feb 7, 2023
Without looking at the contract, an attorney cannot advise as to your particular situation. Yet if the contract seeks to waive a consumer protection law, that clause of the contract may be void as contrary to public policy. Have an attorney take a look at the contract to inform you of your rights.... View More
I had an oral agreement with a customer to plant 10 trees in her yard and provide five special cares (once a month) after the 6 months planting for $20,000 so the whole process is 1 year and 1 month. I bought the tree at $600 each and materials for one treatment at $300. After 3 treatments (9... View More
answered on Jan 22, 2023
You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, an oral agreement in many instances can also be valid (although never advisable). Not having a written agreement is going to be challenging to proof in court, unless you, e.g., have direct... View More
A customer asked me to plant ten trees in her yard. My worker planted the wrong kind of trees. The customer saw it after the third tree but remained silent. After planting all the trees, she demanded to get rid of the wrong trees and plant the right ones at a 25% discount. Another offer she had is... View More
answered on Jan 23, 2023
Ah…the case of the wrong trees. I saw your questions on Avvo. You will have to contact a lawyer to evaluate your rights. Depending on the application of the UCC and the terms of your written contract, if any, you may or may not have several options available to you.
A customer asked me to plant ten trees in her yard. My worker planted the wrong kind of trees. The customer saw it after the third tree but remained silent. After planting all the trees, she demanded to get rid of the wrong trees and plant the right ones at a 25% discount. Another offer she had is... View More
answered on Jan 22, 2023
You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, the parties are bound by the terms of the agreement. If the customer wants to modify (renegotiate) the agreement it can be done only per the terms of the agreement and with the other... View More
Not sure how long the statute of limitations is for this situation. Services rendered June 2019, served Dec 2022
answered on Jan 3, 2023
The Civil Practice Law and Rules was amended in 2020 to reduce the statute of limitations on medical debts from 6 years to 3 years from treatment. You must properly draft and plead your defenses in your answer to the complaint or risk waiving them. There may be other defenses as well, which must... View More
I've had items in storage w/ a company in Canada since the pandemic. I asked them to ship them to NY home & have asked for months. I asked for a quote on multiple occasions, they gave me one but I couldn't afford it then. With the most recent they sent me an email saying they were... View More
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answered on Dec 23, 2022
The answer will depend on the terms of the agreement. Moving or Storage Companies usually place a cap in the amount of their liability in case the items are lost. The agreements usually require the customer to secure insurance to cover any damages in excess of this cap.
If the value of the... View More
Case Information: The case should be brought under the US Code 1681(b) (I) & (n)
answered on Dec 18, 2022
The first thing you need to understand before considering a lawsuit against the credit bureaus is the administrative law concept of “exhaustion of remedies.” This essentially means that your case would be dismissed for lack of standing for failure to complete all internal appeals that the... View More
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