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New York Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Civil Litigation for New York on
Q: Which court in Brooklyn NY should I file a civil lawsuit against the credit bureau under the Fair Credit Reporting Act?

Case Information: The case should be brought under the US Code 1681(b) (I) & (n)

Daniel Michael Luisi
Daniel Michael Luisi
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

1 Answer | Asked in Consumer Law, Construction Law and Contracts for New York on
Q: I signed a contract and paid a deposit with a contractor to replace the deck on my house.

The contractor did not perform any work and the completion date has since passed. The contractor is not returning my calls, text messages or email. It appears I have been scammed, how can I get my deposit back?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 11, 2022

You need counsel to investigate the contractor, to determine if he has any assets and where he keeps them, whether he is properly licensed, insured and bonded, etc. After investigation of his profile your attorney will develop and execute a collection strategy to recover your funds, if that seems... View More

1 Answer | Asked in Health Care Law, Consumer Law, Civil Litigation and Collections for New York on
Q: Hello - I got served with a summons and complaint for a medical bill that a hospital ended up suing me.

Hello - I got served with a summons and complaint for a medical bill that a hospital ended up suing me for not paying. I am not sure what the charge is for. I don’t know if I can call the hospital? Or the lawyers office that is suing me? I don’t know if the hospital sold my info to a... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 2, 2022

You need to demand verification of the debt, examine the accounting of the debt, and prepare and file your answer to the complaint, containing all of your defenses. Federal law also protects you from false or abusive medical debt collections under the FDCPA. By ignoring it, you risk a default... View More

3 Answers | Asked in Consumer Law and Landlord - Tenant for New York on
Q: Should I signed a commercial lease that my landlord sent me when I'm a residential tenant?

I lose my job in August and since I didn't have the money to paid the rent I apply for ERAP. I informed my landlady and she is ok with this but they still have not approved my application. Today I received a message from my landlady to please sign a lease she sent me via email. When I look at... View More

Elaine Shay
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Elaine Shay
answered on Nov 16, 2022

If you have an ERAP appliction pending, the landlord is stayed from taking any action to evict you until a determination on your application is issued. Commercial tenants are not entitled to file an ERAP application nor are they entitled to the related stay preventing eviction. It sounds like... View More

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1 Answer | Asked in Consumer Law and Contracts for New York on
Q: eHarmony is charging me a debt for not paying an automatic renewal.

eHarmony is charging me for an automatic renewal that I didn't pay. A collection agency contacted me recently about the debt and I am looking for ways around paying the debt.

I initially subscribed to eHarmony in August 2020 with a 2 year subscription and was recently notified of my... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

Sending them a legal letter with a request to discuss a resolution, demanding validation of the debt, along with other appropriate legal terminology might help get the situation moving. Consider retaining a professional attorney who can also assist you in challenging any inaccurate negative credit... View More

1 Answer | Asked in Consumer Law for New York on
Q: Made hotel reservations confirmation states cost at $1456. I was billed $1820.

And February 28 I made hotel reservations for November 11 through the 13th. Confirmation stated cost to be $1456. I received an invoice and October 15 For the amount of $1820. Is it legal for them to change the cost? I was under the impression a confirmation was a binding contract.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

Did you reserve through a booking service? If so the terms of the contract would be contained in the terms of service. If not, did you reserve directly with the hotel? In this case sending them a demand letter requesting an itemized list of the charges might be a good place to start. You can... View More

1 Answer | Asked in Consumer Law, Contracts and Estate Planning for New York on
Q: I have my trust drafted. What are the next steps? Record it at the court house? What does the bank need for and account?

What notice if any should be given

Inna Fershteyn
Inna Fershteyn
answered on May 1, 2024

Who draftees your trust? Was the property transferred to the trust? How was it funded? Your lawyer should walk you step by step through the next steps it’s really strange that you are asking these questions if you have a lawyer and if you don’t how did you fund the trust? As without funding... View More

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: Can a service contractor in NY add a surcharge to credit card payments if it is noted in the contract?

I do work for businesses as well as individuals, and am wondering if I can pass along credit card fees to customers who want to pay with a credit card.

David H. Relkin
David H. Relkin
answered on Apr 3, 2024

This is so common that even the Courts now charge credit card fees when filing complaints or making motions. The tide has shifted.

1 Answer | Asked in Consumer Law, Family Law and Civil Rights for New York on
Q: My father accrued debt in my name. I have evidence of trying to be removed. I am wondering options I have in this case

My Father accrued 16,000 in debt on a lease in my name (& his) when I was 19 and I have never been or lived there…(I am on a lease now here where I live NYC and have been living here since I got out of the navy in 2021) back in 2021 I tried to remove my name from the lease & have proof of... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024

In your situation, gathering and organizing all relevant evidence is crucial, including emails, documents, and any communication showing your intent to be removed from the lease and your non-consent to its renewal. This evidence can support your claim that you were not responsible for the debt... View More

2 Answers | Asked in Consumer Law, Identity Theft, Tax Law and Family Law for New York on
Q: How do I get protection before the relationship gets bad all the things I am experiencing who do I start with

Just need to get safe with the things we developed throughout business and our personal day life like bills etc

Tim Akpinar
Tim Akpinar
answered on Mar 4, 2024

There might be more here than can be sorted out in a brief Q & A response. These could include the nature of the business entity, its structure, your agreements, your contributions to business, etc. One option could include sitting down with an attorney and discussing in confidence what... View More

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1 Answer | Asked in Consumer Law and Education Law for New York on
Q: In New York, can youth purchase alcohol for law enforcement purposes?

If you were to have an experiment where you'd ask children (with the consent of their guardians and their signature) to go to specific stores that sell alcohol and try and see which stores ask for an ID and which don't then list them all down, would that be legal, or illegal. No fake IDs... View More

Tim Akpinar
Tim Akpinar
answered on Feb 3, 2024

Your question remains open for two weeks. Some questions remain unanswered on this forum, but one option could be to repost under Criminal Law. That might increase chances for a response. Good luck

1 Answer | Asked in Consumer Law, Contracts and Construction Law for New York on
Q: We 2years back got new furnace and removed cental air. Couple months ago electriction found a 220 line live exposed.

Line was from central air that was removed.. Has since been capped.

Can action be taken against installer?

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

Request the repair cost from the original installer. If you never contacted him to fix it after discovery, that will be his first defense, but not necessarily successful. If he refuses, take him to small claims court. You will need the repairing electrician as a live witness.

1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Collections for New York on
Q: how do i legally get rid of my car payments?
Carl Nelson
Carl Nelson
answered on Dec 1, 2023

I don't fully understand what you are trying to do. You can pay the note off or if you cannot afford it, you can return the vehicle and attempt to work something out with the finance company. There are certain things you can do in a bankruptcy as well, but that is a more complicated and... View More

2 Answers | Asked in Contracts, Consumer Law, Collections and Construction Law for New York on
Q: Contract to replace roof shingles - 1st - roofer used shingle brand OTHER than those contracted for - 2nd - did horrible

work that manufacturer wouldn't warrantee as it was when completed. Homeowner has paid hauling fee and is agreeable to paying something for materials. Does NOT want same sub-contractor to do repairs and original contractor will not do any more and has sent a release/settlement agreement.... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 23, 2023

Yes the lien can be placed. And you have a lawsuit against the others.

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2 Answers | Asked in Consumer Law and Business Law for New York on
Q: A service provider won’t give me my $1500 refund what should I do?

Hi I paid a service provider $1500 to do a service for my business she has a nasty attitude and is very rude she hasn’t started any work yet it’s only been about 2 days and she won’t give me my money back and she said if I do a charge back she is going to take me to court. She had me check... View More

Samuil Buschkin
Samuil Buschkin
answered on Oct 18, 2023

It is next to impossible to identify or suggest anything based on the very sparse info you shared. Generally, the contract, verbal or (even much better) written control. Where there is no contract, state rules or even federal rules govern. You should speak to a lawyer.

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1 Answer | Asked in Consumer Law, Small Claims and Medical Malpractice for New York on
Q: Optometrist will not replace lenses even though they advertise 1 year warranty for exam and prescriptions.

The 1st prescription called for prism. They gave me headaches. They re-examined and eliminated the prism at no cost. These lenses left me with blurry vision. I went to my Gloucoma Ophthalmologist who said I have unusual problems with my vision (due to prism), and referred me to another speciaist... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 16, 2023

Your post does not include a question. You need to review the exact terms of your warranty to see whether it includes the original cost of your lenses and not just the replacement cost and whether the warranty can be triggered by the recommendation of a different optometrist / ophthalmologist.... View More

1 Answer | Asked in Consumer Law, Business Law and Collections for New York on
Q: A company issues a credit not a charge to a credit card how long do they have to correct their mistake and bill me

I purchased a new kitchen install and the company charged me twice. I disputed one of the charges and they credited me for both charges. Example//I owed $10,000. They billed my credit card $20,000. I called and disputed $10,000 and they credited my account $20,000 leaving me a balance due of $-0-... View More

Michael David Siegel
Michael David Siegel
answered on Aug 4, 2023

They have six years, as the payment is the subject of a contract between you and the installer. The credit card has a shorter statute but the claim lies with the installer, not the bank.

1 Answer | Asked in Consumer Law for New York on
Q: Am I able to sue someone for not paying the car loans my friend agreed to paying?

My friend wanted to get 2 cars under my name to use it for a taxi service and that he would pay for it. I agreed and I am in $120,000 in debt because he didn’t pay it.

Michael David Siegel
Michael David Siegel
answered on Jul 25, 2023

Yes, your friend, if you can prove he agreed to pay with something in writing.

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: Where can I find all of the Federal & NY State laws which regulate the Credit Repair Industry?
Tim Akpinar
Tim Akpinar
answered on Jun 25, 2023

This is something that the collection attorneys and banking attorneys here would know best. But your question remains open for two weeks. Until you reach an attorney who is knowledgeable in this area, a starting point in terms of regulatory agencies for guidance could be the Federal Trade... View More

1 Answer | Asked in Consumer Law for New York on
Q: Quest billing $4,500 for labs where the allowable amount is $375

I saw a doctor licensed in Florida virtually in New York. They ordered labs for me at Quest, which I thought was covered under my Florida blue cross insurance. I received a bill for $4,500 with the following statement: “The out-of-state Quest Diagnostics location claim processed as... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on May 7, 2023

Under the New York Insurance law and federal No Surprises Act, you may be protected from this “balance billing” tactic, depending on several factors that can be evaluated by your attorney.

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