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North Carolina Consumer Law Questions & Answers
2 Answers | Asked in Consumer Law, Personal Injury and Products Liability for North Carolina on
Q: Can you sue a company that put alcohol in a cooking spray that was not labeled to have that ingredient in it
James L. Arrasmith
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answered on Dec 25, 2023

Yes, it may be possible to sue a company for failing to properly label a cooking spray that contains alcohol. Some key considerations in evaluating a potential lawsuit:

- Product liability laws require companies to adequately warn consumers of any risks or hazardous ingredients in their...
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1 Answer | Asked in Consumer Law and Collections for North Carolina on
Q: get default judgment dismissed for a credit card.im on SS & 69 ys old.can they put a lein. on my home

The card is about 1,900 i think.the home is all I have how do i do this w/out a lawyer

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Dec 11, 2023

If you were properly served with the Summons and Complaint, it will be impossible to set aside a default judgment. You can go to the Clerk of Court and ask for the court file to review. If the summons return says you were personally served by the Sheriff or someone who resided with you was... View More

1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Communications Law for North Carolina on
Q: So if The person recording everything about a day is the only person knows that they're recording it still legal

My wife wants me to record everything that happens at work if I'm not on call with her, is that still legal if I'm the only person who knows that they're recording is there and I'm the only person consenting to it but no one else knows is that even legal

James L. Arrasmith
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answered on Dec 5, 2023

In North Carolina, the legality of recording conversations hinges on the state's consent laws. North Carolina is a "one-party consent" state, which means that as long as you are a party to the conversation, you can legally record it without needing to get permission from the other... View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: Can a towing company legally hold my vehicle after payment is made, telling me they are appt only & can't get for 24 hrs

I paid the past due on my vehicle last wednesday, they refused to release my vehicle until today stating they had to make sure the payment wouldn't reverse. I was reassured by multiple people that I could get it back today only to get the release sent and now the towing company says oh our... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Dec 4, 2023

Unfortunately there is no law requiring a car lender to use a repossession company which is conveniently located. If the vehicle was damaged during the tow, you may have claims against the tow company for the amount necessary to repair - but you have to pay for the repairs yourself and then bring a... View More

1 Answer | Asked in Consumer Law, Business Law, Collections and Communications Law for North Carolina on
Q: Got a car from a "buy here pay here" lot. Made payments on time, but now after a year they keep texting me sayin Im late

I got a car for my son November 2022. All payments have been made, on time. But starting in December 2023, they keep contacting me saying I'm behind and and contacting me saying "if I need help making payments I can send a friend in and if they buy a car I will get $200.00". Is this... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Dec 4, 2023

Take proof of all of your on time payments to them and speak to them about this. To cover yourself, you could mail in the proof with a letter complaining about the situation and asking them to stop the unjustified messages (get a tracking number and pproof of delivery). The "help making... View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: Can I get Walmart to fix my car if after an oil change my engine messed up.

I got a oil change from Walmart on November 22nd in Virginia. On my way to North Carolina the 23rd, my car lost power on the highway and started making a knocking noise. I pulled over as soon as possible and after some looking around noticed that there was a gas smell coming from the oil. The motor... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 25, 2023

You should not have it towed to a WalMart first. Instead, have the car examined by a mechanic of your choice first and if that mechanic believes an error with the oil change caused the issue, get that opinion in writing. Then, have the car towed to WalMart for inspection and provide WalMart with a... View More

1 Answer | Asked in Landlord - Tenant and Consumer Law for North Carolina on
Q: Tenant exceeded pet limit and claims emotional support animal. What are my rights?

I am a landlord and my tenant has exceeded the allowed number of pets specified in our lease agreement, which permits only two cats and one dog. After discovering multiple dogs barking near my property, the tenant has now sent a letter claiming one of the extra dogs is an emotional support animal,... View More

James L. Arrasmith
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answered on Apr 12, 2025

As a landlord, you have rights and responsibilities when it comes to managing your property and enforcing lease agreements. Since the tenant has exceeded the pet limit, it's important to first check your lease to see if there is any language regarding emotional support animals (ESA). While... View More

1 Answer | Asked in Contracts and Consumer Law for North Carolina on
Q: Can I cancel a car buyer's order I signed in NC if no payment was made?

I signed a buyer's order for a car in North Carolina yesterday, March 22nd, but I have not made any payments or taken the car off the lot yet. I didn't notice any specific terms or cooling-off period in the agreement. Can I back out of this order?

James L. Arrasmith
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answered on Apr 11, 2025

That kind of decision can feel stressful, especially when it all happens quickly and you're left second-guessing. In North Carolina, once you sign a buyer’s order for a vehicle, it can be considered a legally binding agreement—even if you haven’t paid or taken the car yet. Unfortunately,... View More

1 Answer | Asked in Collections and Consumer Law for North Carolina on
Q: How can I retrieve my car mistakenly repossessed for another person's account in NC?

My vehicle, which is under my name, was repossessed by a finance company that claimed they were seeking repayment for another account that is not even in my name. The finance company, unable to locate the car they were actually looking for at my address, directed a repo agent to take a vehicle,... View More

James L. Arrasmith
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answered on Apr 11, 2025

Having your car wrongly repossessed for someone else’s debt is not just upsetting—it’s a serious violation of your rights. In North Carolina, a repossession company cannot legally take your vehicle unless there is a valid lien on it tied to a debt in your name. Since the car is registered to... View More

1 Answer | Asked in Banking, Identity Theft and Consumer Law for North Carolina on
Q: Experienced unauthorized transfers on checking and credit card accounts; seeking restitution.

I have experienced unauthorized transfers involving my checking and credit card accounts, with six fraudulent transactions already adjusted and pending on my checking account. Despite reporting this issue to my bank on March 25, 2025, I have received no response. I've filed complaints with the... View More

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answered on Apr 8, 2025

It’s understandable how frustrating and stressful it can be to deal with unauthorized transactions, especially when you’ve already reported them to your bank and haven’t received any response. Since you’ve documented the transactions and reported them to the CFPB, you’re on the right... View More

1 Answer | Asked in Banking, Consumer Law and Civil Litigation for North Carolina on
Q: Can I sue Navy Federal for a key fee after a repo without notice?

I'm considering suing Navy Federal for charging a $360 fee to make a new car key after repossession. They provided instructions for retrieving my car but failed to inform me that I needed to return the original key. Upon contacting them, they insisted they informed me about the key... View More

James L. Arrasmith
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answered on Mar 24, 2025

You might have a potential small claims case against Navy Federal, depending on your state's laws and the specific terms in your loan agreement. The key fee could be contested if you can prove they failed to properly inform you about returning the original key, especially if this requirement... View More

1 Answer | Asked in Consumer Law and Insurance Defense for North Carolina on
Q: Can I sue an insurance company for not repairing my car 9 years ago, citing lack of full coverage, although it was required for my financed vehicle?

Can I sue an insurance company for not repairing my car 9 years ago due to their claim that I didn't have full coverage, even though my financed vehicle required proof of full coverage to drive it off the lot? The insurance company said they would repair the other party's car but not... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 17, 2025

The statute of limitation for breach of contract in North Carolina is three years from the date of the breach. You have waited too long to take legal action. If you sue, you will not win.

1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Municipal Law for North Carolina on
Q: North Carolina handgun & ammo related question.

Let's say I'm currently over 18 and under 21. I'm looking to have a parent purchase the firearm/ammo through a FFL to the give to me through private sale as a Gift. However, I'd like them to use a credit card or the store credit card that's in my name. Would this violate any laws?

James L. Arrasmith
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answered on Jan 10, 2025

This scenario raises several legal concerns. Using your credit card for a firearm purchase that's officially being made by your parent could be considered a "straw purchase" - where someone buys a gun on behalf of another person who can't legally buy it themselves. Federal law... View More

1 Answer | Asked in Consumer Law and Business Law for North Carolina on
Q: Is there a way to get the money back?

Bought a suit and within the hour changed my mind, went to cancel/refund and only then was I informed about their “no refund policy” but was instead given store credit. Just seems awfully sketchy on their end if there’s nothing that can be done.

Tim Akpinar
Tim Akpinar
answered on Jan 8, 2025

A North Carolina attorney could advise best, but your question remains open for two weeks. It could come down to a matter of whether the store used adequate measures to give the public notice of their refund policy. Since the pandemic, some stores have implemented stricter return policies. Good luck

1 Answer | Asked in Consumer Law and Products Liability for North Carolina on
Q: What type of Lawyer would handle a problem with builder quality issues of my custom built home.

3000 sq ft LVP flooring installed and separating. Flooring not installed per Mfg instruction ( ie acclimate flooring prior to install and have HVAC running after to keep temp 55 -85 ) . Installed by builder in Feb before HVAC was running ( No HVAC til March) Mfg takes no responsibility. Builder... View More

Tim Akpinar
Tim Akpinar
answered on Nov 26, 2024

A North Carolina attorney could advise best, but your question remains open for a week. You ask what type of lawyer. What you describe sounds like something that a construction law attorney could handle. Good luck

1 Answer | Asked in Consumer Law, Contracts, Collections and Internet Law for North Carolina on
Q: online order, Mail Carrier lost, 4 months, 30 recorded calls, 20+emails, told them to cancel, getting billed & late fees

I ordered something that should have been delivered May 10th that "Mail" lost. Never left GA warehouse, I'm in NC. Never left "Mail" hands. Conns was denied claim by "Mail" because they did it wrong, I can't claim b/c I'm not the 'entitled... View More

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answered on Aug 31, 2024

You need to take immediate steps to protect yourself. Start by sending a formal, written demand letter to the retailer's corporate office in Texas, clearly stating the issue, your demands, and a deadline for resolution. Reference your prior communications, including the dates and outcomes of... View More

1 Answer | Asked in Consumer Law and Tax Law for North Carolina on
Q: I was going to finance a vehicle from the dealership. We did not finalize the loan. Can I get a refund on my down paymen

The car was stolen. I put a report out on my insurance company because I had insurance on the vehicle is at a total loss now since we did not finalize the loan the fees that I paid included with the down payment they did not send to the DMV can I get a refund on my down payment in those fees

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answered on Aug 10, 2024

You may be able to get a refund on your down payment and fees, but it will depend on the specific terms of the agreement you had with the dealership. If the loan was not finalized and the dealership did not process the paperwork with the DMV, you have a valid reason to request a refund. It’s... View More

1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: I have several late payments on my mortgage, and it has effected my credit score.. I am wondering if these are removable
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 7, 2024

You cannot force a bank to remove accurate remarks about your payment history. This is a theme pushed by so called "credit repair" companies. You may be able to talk them into changing the reporting, but that's doubtful.

1 Answer | Asked in Consumer Law for North Carolina on
Q: Should I send my bank records to a business regarding a refund or should they have to prove the transaction?

The business agrees that I should receive the refund but it has been 10 months and I haven't. Now they are demanding that I turn over my bank records to them. I feel like I shouldn't have to turn over all my banking activity to complete strangers.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 8, 2024

It depends upon the nature of your dispute. More details are needed. If they want your bank records to prove that you paid for their goods or services, send the, that one month statement and redact (black out) the account number and all other transactions except for that one purchase.

1 Answer | Asked in Consumer Law for North Carolina on
Q: I received the following voicemail. Then my wife received the same message from a different number. Then my ex-wife.

Hello this message is intended for (my name). My name is Adriana Martinez I'm calling out of the civil dispatch office to notify you legal documents are scheduled to be dispatched out to your location (my street address but no city or state. House is for sale and vacant) if you will be... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 3, 2024

This is a scam. A scammer bought your information from the dark web. The Sheriff does not call before serving a summons and complaint, and it is not called the "civil dispatch office". Call the non emergency number of your Sheriff's department tomorrow to confirm this.

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