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New York Consumer Law Questions & Answers
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.

1 Answer | Asked in Consumer Law and Small Claims for New York on
Q: Is an auto repair shop responsible for the condition of my vehicle when it’s in their possession?

A repair shop is claiming they are not liable for damages caused to my vehicle while it was at their shop in their possession because they didn’t have a signed repair order. The vehicle was brought in for a sunroof repair and the shop failed to fix it and left it outside in the elements for 100... View More

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2023

More info is needed. Why was it in their shop if there was no repair order? Was a repair completed and you failed to retrieve the vehicle timely? What was the damage? Who caused the damage? Either way, doesn't the shop have insurance? If not, do you have insurance?

1 Answer | Asked in Consumer Law, Communications Law and Internet Law for New York on
Q: What are my legal options a company I engaged with to answer an online tax question has exposed my PII?

My Social Security Number, Home Address, Income and work Status are now being displayed on the internet publicly due to a company I engaged with. This information is findable via Google and Search Engines now. The company was providing a legitimate question and answer tax service and operates the... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 18, 2023

You may be able to bring a federal data breach law suit, or sue the company under the terms of service (or file arbitration against them). This may help put more pressure on them to honor their contract and federal and state law. Contact a consumer protection attorney to evaluate your case.

1 Answer | Asked in Consumer Law and Civil Litigation for New York on
Q: How do I get the owner of a business name for small claims court. I can't find it anywhere only the ny dos number
Tim Akpinar
Tim Akpinar
answered on Apr 17, 2023

I'm sorry your question remains open for four weeks. At this point, one option might be to discuss with process service companies or investigation companies that conduct skip tracing and other research to locate people. Good luck

1 Answer | Asked in Consumer Law for New York on
Q: A company sent me 2 of the same item instead of just the 1 that I purchased. Do I have a legal obligation to return it?
Tim Akpinar
Tim Akpinar
answered on Mar 28, 2023

In general, yes. It sounds like it was a mistake and not what the parties agreed upon, and not a gift. They have the legal right to pursue recovery (unless as a practical matter, the item was very small in value - that could be up to the discretion of the company). Good luck

1 Answer | Asked in Consumer Law and Small Claims for New York on
Q: If a friend loans me 1000$….what’s the maximum interest rate in New York that they can charge
Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2023

There are exceptions, but 16% per annum is the maximum legal interest rate based on what you describe. More than that exposes them to civil liability. More than 25% will expose them to criminal liability.

2 Answers | Asked in Consumer Law and Collections for New York on
Q: filed motion for relief of default judgment on grounds of improper venue. 30 days later no ruling. do i need a hearing?

the plaintiff has not opposed the motion so far. Junk debt buyer. original contract has PA as the designated venue for litigation.

Jack Mevorach
Jack Mevorach
answered on Feb 23, 2023

Sounds like it belongs in Pennsylvania.

Jack

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1 Answer | Asked in Consumer Law and Foreclosure for New York on
Q: Attorney familiar with mortgage foreclosure, title, and mortgage servicing violations

Federal case- violations by mortgage servicer, of RESPA, QWR, NOE and more- also, lacks standing due to missing along and assignments

Carl Nelson
Carl Nelson
answered on Jan 12, 2023

You did not ask a question that can be effectively answered on this Q&A page. The attorneys on this page who answer user questions about foreclosure will all likely practice in this area. If you are searching for an attorney, you should be able to identify one here or perhaps through a Google... View More

1 Answer | Asked in Consumer Law and Small Claims for New York on
Q: I was Romanced scammed to cash a check, and now the bank is after me
Michael David Siegel
Michael David Siegel
answered on Jan 8, 2023

While you can file a criminal complaint against the scammer, as to you and the bank, you will owe this money.

1 Answer | Asked in Health Care Law, Consumer Law and Education Law for New York on
Q: Can you sue a person who works at health care center on campus for delaying service intentionally? Thank you.
Tim Akpinar
Tim Akpinar
answered on Dec 14, 2022

It could depend on the extent of damages resulting from the delay in providing medical care. If the ensuing damages are not significant, many law firms would be unlikely to handle on a contingency basis. Good luck

1 Answer | Asked in Consumer Law and Construction Law for New York on
Q: I hired a contractor to add and renovate my home. The contractor did not provide me with what I asked ie, black windows

The contractor did not do the home improvements according to my architects plans

Michael David Siegel
Michael David Siegel
answered on Nov 8, 2022

You can sue. The contract terms will govern.

1 Answer | Asked in Consumer Law for New York on
Q: If I sign a fee agreement and don't pay what happens?
Tim Akpinar
Tim Akpinar
answered on Sep 28, 2022

It could depend on the terms of the fee agreement. Some fee agreements are drafted such that if no actual services are performed (in other words, no work done), there is no obligation to pay. Some agreements are drafted such that a fee is owed based on an outcome, whether the outcome is a... View More

2 Answers | Asked in Government Contracts and Consumer Law for New York on
Q: looking for a contingency lawyer in the state of new York trying to recoup a significant amount of cash
Tim Akpinar
Tim Akpinar
answered on Sep 10, 2022

It could be difficult for attorneys here to reach out to you. This is geared more as a Q & A site than an attorney referral service. In addition to your own searches for attorneys online, you could try the tab above, "Find a Lawyer." Good luck

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2 Answers | Asked in Consumer Law for New York on
Q: I brought a watch in for repair, they sent it back but the watch was missing, I only received an empty pouch. Can I sue?

The repair took 11 months. I got a call from them offering to ship the repaired watch to me. I accepted.

The box arrived last week and it contained only the empty pouch. The watch was not there. I emailed and called and finally went to the store. They claim that they had put the... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Aug 24, 2022

If you want to recover your money, apparently damages equal to $16,000, you may file a complaint or go to small claims court. However, keep in mind that you will need to prove the existence of the contract, the terms of the contract and that you performed under the contract. If you don't have... View More

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1 Answer | Asked in Consumer Law, Contracts and Business Law for New York on
Q: NY Gen Bus L Section 624(2) (2021) Does the 3 days begin running only once the buyer receives a copy of the contract

Hello, I am trying to properly interpret Section 624 - Rights of cancellation of contracts for services. If the buyer never received any form of a copy of the contract until requesting it two months after the start date, does the three business day period for a right to cancellation apply once the... View More

Samuil Buschkin
Samuil Buschkin
answered on Jul 25, 2022

I believe that you are best advised to speak to a lawyer because of the very fact-specific nature of your question.

2 Answers | Asked in Consumer Law for New York on
Q: How to get my money back

I paid a company for the service that was not provided, we also have a money back guarantee but the company refuses to refund my money

Tim Akpinar
Tim Akpinar
answered on Jul 16, 2022

If you're not able to make further progress with the customer service dept, you could reach out to civil litigation attorneys to discuss options. Depending on the amount in dispute, you could also look into small claims court. Here is a link to their online resources - NY Court System -... View More

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1 Answer | Asked in Consumer Law, Foreclosure, Civil Litigation and Collections for New York on
Q: Can a default judgment be enforced, if the defendant was never served, the complaint was filed in another county?

The counsel who filed the complaint, is different from the counsel seeking to enforce the judgment. The plaintiff has been out of business for years, and the counsel has many complaints by defendants, for fraudulently claiming proper service to said defendants. I am unsure what recourse I have... View More

Michael David Siegel
Michael David Siegel
answered on Jun 24, 2022

1. Different counsel? Not relevant. Happens all the time.

2. Plaintiff out of business? Irrelevant, if lawyer represents Plaintiff. Winding up corporation is collecting debts.

3. Recourse? Make motion in court that entered judgment to vacate on improper service.

4....
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1 Answer | Asked in Civil Litigation and Consumer Law for New York on
Q: Was sold counter. goods through google pay, disputed it, and was told no case or invest. would be opened. no help given

I was sold counterfeit goods through Google Pay LLC. Do i have the legal right to a refund if I've bought something that's fake or counterfeit? Should I also report this to Trading Standards and the Pokémon Company International, Inc. for fraud. I was sold fake Pokemon Cards through... View More

Michael David Siegel
Michael David Siegel
answered on May 19, 2022

File a criminal complaint, but do not count on anything. You are not likely to find the fraudsters, who are long gone with your money. Google Pay is not liable. It just processes payments. It does not vouch for the users.

1 Answer | Asked in Consumer Law for New York on
Q: I have a summon for a credit card they say I own 1199 but that is not true the card was only 830.

how I do it I don't have money to pay that.

Michael David Siegel
Michael David Siegel
answered on May 18, 2022

If you have $830 they will take it. Call the plaintiff lawyer and offer $600.

1 Answer | Asked in Consumer Law for New York on
Q: A laundromat near me gives 3 minutes of drying time per quarter, is that legal?
Tim Akpinar
Tim Akpinar
answered on Apr 28, 2022

I'm sorry your question remains open. Product liability attorneys aren't likely to know about these matters. They deal more with injuries from dangerous and defective products. You could repost under Consumer Law. There's no guarantee every question here gets answered, but you might... View More

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