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Ohio Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Ohio on
Q: I got charge $800 after paying an overdue bill of $960 to get my car back is this legal?

The bill for the car got back a few months the car was repossessed, But they said to pay the $960 to get the car back. I feel like I should not have been charged another $800 the next month!

Taylor P Waters
Taylor P Waters answered on Jun 30, 2020

It depends on your contract and statements.

1 Answer | Asked in Consumer Law for Ohio on
Q: If some one buys a car from dealer ship and sign a as is contract but later find frame damge that was not disclosed

Was not disclosed when purchasing vehicle

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 12, 2020

Many car dealers believe that selling a vehicle “as is” prevents the buyer from bringing a lawsuit for defects, but it does not bar all future claims. A transaction may include both implied warranties and express warranties. An “as is” clause disclaims implied warranties only. Any express... Read more »

1 Answer | Asked in Consumer Law for Ohio on
Q: A friend of mine has been taking care of my dog for over 2 years now wants it gone. Humane society says he's legalowner?

I believed they were going to keep him I stopped over and visit regularly I can't bring him home with my current dog

Taylor P Waters
Taylor P Waters answered on Jun 9, 2020

He is likely the legal owner at this point.

1 Answer | Asked in Consumer Law for Ohio on
Q: What actions can I take against an online company that cancelled my free trial but charged me anyway?

Hello, I signed up for a free trial of an online learning course a few months ago and then cancelled before I got charged. It took a while to finally get it done, but through email they cancelled my membership. About a month later I noticed a charge on my account from this company. I emailed again... Read more »

Taylor P Waters
Taylor P Waters answered on Jun 9, 2020

Draft a demand letter, include evidence of your cancelation, and demand they repay. It may be a false/deceptive business practice, and you might be able to file a small claims matter alleging a CSPA violation if they refuse to give you your money back.

1 Answer | Asked in Consumer Law for Ohio on
Q: I gave landlord 30 days notice per our lease. He wants to show the house while I still live here dewpite pandemic. Help?
Taylor P Waters
Taylor P Waters answered on Jun 9, 2020

He may be permitted, as long as he gives proper notice beforehand. Discuss the matter with him and ask that any prospective lessors use hand sanitizer, not touch anything, and wear masks or gloves while in your apartment. It's also okay to leave out hand sanitizer for their use.

2 Answers | Asked in Banking, Civil Litigation, Consumer Law and Contracts for Ohio on
Q: how do i get my name off a joint loan with ex husband

my name is on a joint loan with ex husband. how do i get my name off. he's ruining my credit by not paying. divorce decree stated he is solely responsible for repayment.

Joseph Jaap
Joseph Jaap answered on Apr 29, 2020

You can talk to the lender, but lender likely will not agree to take you off. So the loan would have to be refinanced. If ex won't refinance or pay, then file with the court to have ex held in contempt. Talk to your divorce attorney, or use the Find a Lawyer tab to retain a local divorce... Read more »

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1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Ohio on
Q: The leasing office undid a signed renewal to change monthly rent amount. Is that legal?

I signed and submitted the renewal contract. A week later they undid the signed renewal and increased the rent amount. They said the amount in the contract was not correct. This seems illegal. If I wanted to void the contract a week after signing, there would be a penalty. How can they modify it if... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 23, 2020

If you signed the renewal first, and landlord hadn't signed the renewal, then landlord could decide not to sign it, and instead, change the rent amount and send you a revised renewal to sign. But if you and landlord both signed the renewal, and then landlord came back and changed it, then... Read more »

2 Answers | Asked in Bankruptcy, Consumer Law and Lemon Law for Ohio on
Q: In vehicle Lemon Law, if a manufacturer files bankruptcy, does the manufacturer still have to honor lemon repurchase?

Repurchase/replacement of lemon vehicle.

Would I be better off waiting to file for lemon replacement until AFTER the manufacturer declares BK and is out of it, or would a person be better off filing BEFORE the BK is announced, and try to race the manufacturer's potential BK?

I... Read more »

Timothy Denison
Timothy Denison answered on Apr 20, 2020

Generally no. But it can be case specific so you should check with the trustee.

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1 Answer | Asked in Consumer Law, Copyright, Products Liability and Trademark for Ohio on
Q: Hello, If I wanted to get a pair of standard dumbbells manufactured with my brand name/logo. is that possible?

E commerce seller with business. Wants to sell dumbbells. does not want to be in trouble with patent law. Your help would be appreciated.

Thank you,

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 19, 2020

Yes.

Unless there are other details beyond what you have posted, you should be able to buy from anybody a standard product and put your trademark there.

You need to file for a trademark of course.

always consult with an attorney.

Marcos

www.legalbizglobal.com

480 324 6378

1 Answer | Asked in Consumer Law for Ohio on
Q: Can Nordstrom cancel my card because I've made to many returns? I have never missed a payment.

I order a lot online from Nordstrom.com. Unfortunately, sizing is an art form, and I've had to return most of what of what I've ordered. They have FREE SHIPPING which is awesome since I love their clothes, shoes, etc.. Anyway, I received an email 4-16-20 stating Nordstrom will no... Read more »

Matthew Williams
Matthew Williams answered on Apr 17, 2020

You would have to consult the terms of your cardholder agreement, but the answer is almost certainly yes they can do that. Most stores reserve the right to cancel accounts for a variety of reasons including excessive returns.

1 Answer | Asked in Contracts and Consumer Law for Ohio on
Q: I agreed to buy an item listed on Facebook Marketplace. I am in Ohio, as is the seller. Is this legally binding?

I have agreed to buy an item listed on Facebook Marketplace. I am in Ohio, as is the seller. We used facebook messenger to come to an agreement. The seller has since raised the price, and also listed it on ebay. Do I have a legally binding agreement?

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 16, 2020

Yes. However, a court is unlikely to enforce the agreement unless you have been harmed in some way or the item was a specialty item or otherwise difficult to procure.

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: I was sold and signed a contract for a year newer trailer than It really is. What do I do?

Signed the Contract for a 2021, received a 2020

Mark Martin Turner
Mark Martin Turner answered on Apr 12, 2020

If you were sold a trailer that the seller claimed was a 2021 model but was, in fact, a 2020 model, the seller has violated the Consumer Sales Practices Act, (CSPA) ORC 1345.02 (B) (2) among other sections of that act. You have a legal claim against the seller, especially if this representation is... Read more »

1 Answer | Asked in Consumer Law and Lemon Law for Ohio on
Q: Hi..I purchased a Bentley from a dealer in Cleveland OH and I Beilieve details were not disclosed./fraud sale

Vehicle on day one broke down ended up needing two batteries for 750 dollars, then immediately needed 3k repairs which didn’t resolve some issues. Bottom of car completely rusted and local mechanic said it has sustained water damage. Dealer sent me check for 1500.00 which is no where near... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 11, 2020

Check your contract. If you purchased the car "as is" and no affirmative misrepresentations about the car were made, you are likely out of luck. If the dealer made affirmative misrepresentations about the quality of the car, you may have a cause of action under Ohio's Consumer Sales... Read more »

1 Answer | Asked in Consumer Law, Personal Injury and Products Liability for Ohio on
Q: I filed a complaint against a Chipotle rest. & they won on summary judgment can I now go back & try sue the supplier?

I got injured after choking on a bone found in my chicken burrito bowl while driving

Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 5, 2020

You are likely barred from bringing a claim against the supplier because you did not include them in the first lawsuit. Ohio litigants are required to sue all necessary parties to a suit. If they don't, then future cases can be barred. This is to encourage efficient litigation and discourage... Read more »

1 Answer | Asked in Consumer Law for Ohio on
Q: Can I sue a car dealership for keep calling me and sending me emails trying to get payment for a car I don't have?

I told them in a phone call to take it to court and stop contacting me. They still keep calling me and sending me emails. I tried to kill myself and was taken to the mental hospital because they won't leave me alone.

Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 5, 2020

The car dealer is likely violating Ohio's Consumer Sales Practices Act (OCSPA) for calling you after you've asked them to stop. They would be liable for damages for this.

There are two main types of collection calls: 1. those from an original creditor, and 2. those from a third...
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2 Answers | Asked in Consumer Law and Contracts for Ohio on
Q: Alright so I have recently bought a car cash from a car lot with issues that are supposed to be fixed and now they won'.

Alright so I have recently bought a car cash from a car lot with issues that are supposed to be fixed and now they won't. I asked for ALL disclosed problems and he said muffler and coil pack which he fixed, then he called me a day later saying the steering column is messed up and he said I can... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 24, 2020

If you can't work it out, you will have to sue in small claims court up to $6000, or in municipal court up to $15,000. Over that amount, sue in common pleas court. You would have to prove there was a warranty covering the problem or that the dealer failed to disclose known problems. Use the... Read more »

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1 Answer | Asked in Consumer Law and Health Care Law for Ohio on
Q: What can be done about my hospital bill now? Should I respond to the debt collector to have them validate the debt?

I gave birth to my son on 7/30/19 at 9:46pm. My husband and I have a high deductible insurance policy and expected to pay a large portion out of pocket, but we didn't expect to pay for stuff that never happened. The hospital strongly encourages NOT sending babies to the nursery. I kept my son... Read more »

Daniel Myers
Daniel Myers answered on Feb 5, 2020

It is illegal for a hospital to charge for items that were not approved or authorized by you, to charge fees for services and rooms never provided, and some of the other conduct you described could also be illegal. You potentially have some claims under the Consumer Sales Practices Act in Ohio, if... Read more »

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: Santander problems

We are still paying on our car for 6 yrs and still owe over 15000.00We were given a bad loan

Tim Akpinar
Tim Akpinar answered on Feb 3, 2020

It's unlikely that any attorney could offer meaningful input on a loan based on a few facts posted here. They would need to sit down with you and review the loan agreement. But it would be a consultation that you would probably need to pay a fee for, and it's likely that loan agreements... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Construction Law for Ohio on
Q: We built a home almost 3 yrs ago and the leach field failed within months. It took the builder 2 1/2 yrs to fix can I ??

They still haven't taken care of warranty work they promised to do as recent as 2 months ago up till this last conversation and now that I said we were done with the games he now has sent me a bill for money that was owed at one time but he waived as good will gesture because of how long it... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Dec 16, 2019

Cannot imagine that the work taking 2 1/2 years did not breach at least a portion of the contract. Was it properly permitted and installed by a licensed installer? The emails may establish a waiver. Have you been able to stay in the house? I would imagine that an occupancy permit was not issued.

1 Answer | Asked in Bankruptcy, Consumer Law and Tax Law for Ohio on
Q: How to handle a difficult local tax issue?

I have tried countless time to make payment arrangements on a local tax which I owe. The agency will not negotiate with me at all. The original debt was $1600. The agency tacked on any additional $1900 in fees and interest. They will only allow 18 months to pay off the debt. I have a small... Read more »

Timothy Denison
Timothy Denison answered on Dec 4, 2019

If you file bankruptcy, it stays ALL collection efforts.

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