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Pennsylvania Consumer Law Questions & Answers
2 Answers | Asked in Consumer Law and Collections for Pennsylvania on
Q: A collector that has been previously removed from my credit report keeps re-appearing as new account(s). What to do?

I’ve never received a notice from this collector or the original biller, I’ve disputed them on my credit and had them removed. They return to my report the next month as a new account. This has happened for 15 accounts now from the same single visit to original biller over four years ago. Is... Read more »

David Kennedy Bifulco
David Kennedy Bifulco
answered on May 31, 2022

You should contact a local consumer credit attorney to review your credit report and the information you have on the account being reported. An unpaid account can remain on your credit report for 7 years. If you dispute the account and they validate it with the credit reporting agency it will... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Pennsylvania on
Q: I need an attorney to sue my pet insurance company for bad faith. There is also a possible claim under the consumer ...

I have a pet policy with lemonade insurance company. I filed a claim for emergency services after my dog needed treatment. The company is only covering part of the cost. They are supposed to cover 90% of the cost minus the annual deductible. They are only covering about 50% of the costs and acting... Read more »

Daniel Edward Mueller
Daniel Edward Mueller
answered on Apr 28, 2022

Given the facts you presented, you may have bad faith, breach of contract, and other claims. Damages for insurance bad faith can include actual damages, interest on the damages, punitive damages, attorney's fees, etc. Therefore, you should undoubtedly ask an attorney to review the policy,... Read more »

1 Answer | Asked in Consumer Law and Contracts for Pennsylvania on
Q: Is a notarized document legally binding?

My daughter is paying off a car loan that is in someone else’s name. The other person said they will sign over the title once the loan is paid and they receive the title. I don’t want her to pay off the loan and the other person get the title and not transfer to her. They then will have a free... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Jan 13, 2022

She needs to have the other person sign the car over to her, and she pays for her own car. The best way is for her to buy the car loan, as it were, by getting a loan in her name. Yes, a document that is under seal is binding, but the wording would have to be clear and even then if the person... Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Tax Law for Pennsylvania on
Q: If a post office was to forward you letters about your stimulus payment but return the payments to the sender would it

Be considered mail tampering. I have received the letter 1444c three times to my forwarded address but they returned the payment for the notice three times they know what they are doing and I want to know if I could perhaps file a complaint against that post office or whoever is in charge ect.

Peter N. Munsing
Peter N. Munsing
answered on Oct 14, 2021

No. They are not supposed to forward certain things. You need to be sure that the IRS and the government have your proper address. Discuss this with your Congressperson--they have information on how you can get your payments.

1 Answer | Asked in Consumer Law, Criminal Law, Real Estate Law and White Collar Crime for Pennsylvania on
Q: Me and my family got scammed out of 10k by a company that swears they're helping people purchase houses.

They found us "temporary" apartments, twice, and they swore that this money they took from us was going into a down payment for the house we purchase. I have ALL the emails and texts messages with the bull they put us through and all the lies they told. I don't have any of the phone... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Sep 28, 2021

Contact the Attorney General's Office of Consumer Affairs. You would also have an action in fraud against the company.

1 Answer | Asked in Consumer Law for Pennsylvania on
Q: I made an online purchase for baseball tickets from SeatGeek using my credit card. Immediately after I made the purchase

I tried to cancel it but could not contact anyone and they did not respond to my emails other than to say all sales are final. The credit card ruled in their favor. I thought in pa. you had 3 days to cancel a purchase.... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Jul 1, 2021

You are thinking of the Home Solititation Sales Act. That hasn't kept pace with the times.

1 Answer | Asked in Consumer Law for Pennsylvania on
Q: Gonna sue RCA

Will give more details later. Checking to see if this site asks for CC

Peter N. Munsing
Peter N. Munsing
answered on Jun 17, 2021

If you decide to give an inkling as to your question, do mention what you mean by RCA--the initials have many meanings.

1 Answer | Asked in Consumer Law, Criminal Law, Arbitration / Mediation Law and Banking for Pennsylvania on
Q: Can I sue Wells Fargo for an unauthorized charge which has since caused me financial hardship?

I had a car loan through Wells Fargo. I traded in that car to Carvana who agreed to pay off the loan. I have documentation from Wells Fargo that the loan was payed off in full 4/19/21. However, I was still charged my monthly payment of 408 on 4/25/21 through auto pay. This caused my wife’s and my... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Jun 11, 2021

1. Go to a wells fargo bank and find out why you can't sign on.

2. Get the records printed out at the bank.

3. Once you have those, keep them and only send copies.

4. Ask Wells fargo for a return of the autopay, and the related charges. The AMC stock is too far a...
Read more »

Q: Neighbor filed a municipal complaint stating that I'm harassing her because I called police regarding noise& loud party
Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

You have to look at the complaint. Chances are it says more. You need to respond to the complaint.

2 Answers | Asked in Consumer Law, Contracts and Collections for Pennsylvania on
Q: Which statute of limitations applies to my debt?

I live in Pennsylvania. I believe PA follows whichever statute of limitations is shortest, is this true?

The personal loan was obtained from Best Egg, which is based in Delaware. But, the Original Creditor is listed as Cross River Bank (Marlette Funding, LLC). Cross River Bank is based in... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 28, 2021

it is often said by the courts that "the debt follows the debtor". in other words, to sue on the debt, a creditor must sue in the jurisdiction where the debtor can be found and served with process.

The PA statute of limitations is located in PA Statutes, ch. 55, Sec. 5525. I...
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1 Answer | Asked in Consumer Law, Family Law and Foreclosure for Pennsylvania on
Q: I have a trailer with 2 names on loan. X-wife wants it and If i let other take it, can i protect myself legally?

My X-Wife and I have a Travel Trailer together. We failed to make payments and the bank foreclosed on it and charged off the debt. They never Repossessed it. If my X-wife Takes it or I just let her take it off the property, is there a way I could get something signed saying I want nothing to do... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Feb 25, 2021

Make sure it's titled in her name. She should give you a document that she accepts all responsibility. You say "x"--did you have a divorce (if she got posession that may cover it) or just separated?

1 Answer | Asked in Consumer Law, Civil Litigation, Constitutional Law and Education Law for Pennsylvania on
Q: Is there any legal recourse for my child's School failing to educate him during the pandemic, inadequate communication

They didn't properly instruct him on how to use the online learning

Tim Akpinar
Tim Akpinar
answered on Jan 2, 2021

A Pennsylvania attorney could advise best, but your question remains open for three weeks. It does not seem like something that an attorney would handle as anything other than an hourly basis, and you probably don't want that. This issue is occurring nationwide and children are having... Read more »

1 Answer | Asked in Consumer Law for Pennsylvania on
Q: If I receive the wrong product in during a shipment am I required to send it back to get a different one?

It's been a real hassle trying to get everything sorted out. I've called about ten different lines and multiple websites. I just don't feel like I've been treated fairly throughout. I paid extra for next day shipping and it's been 4 days. I want to keep both but not if it will fall on me legally

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2020

A Pennsylvania attorney could advise best, but your question remains open for four weeks. As a general matter, yes, the customer does not usually get to keep two products while paying for one. No one could predict what a retailer would do, but if the product is something of value, there is a... Read more »

1 Answer | Asked in Consumer Law, Products Liability and Small Claims for Pennsylvania on
Q: If I have a defective product resulting into a damage to my car by fire. Can I sue?

It was a product I got from harbor freight to stop welding spark and it failed by a hole being burnt through the blanket and catching the car on fire

Tim Akpinar
Tim Akpinar
answered on Jun 29, 2020

A Pennsylvania attorney could advise best, but your post remains open for two weeks. It sounds like you're talking about a welding blanket. You could contact a Pennsylvania attorney to discuss - it would take investigation and possibly trial to make the determination of defectiveness. It could... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law, Construction Law and Energy, Oil and Gas for Pennsylvania on
Q: How do I find an electrician's insurance information? He is registered in Pennsylvania.

(He will not provide the details himself).

Elizabeth Tarasi
Elizabeth Tarasi
answered on Jun 23, 2020

You can also make a claim under your homeowners policy. They will investigate the electrician if it’s covered under your policy.

1 Answer | Asked in Civil Rights, Constitutional Law and Consumer Law for Pennsylvania on
Q: My job cancelled us from calling out.. They are telling people if they call out they will use disciplinary actions

When the employe began to call and She stated she had upset stomach and diarrhea they told the employee come to work. They wrote her as a know call no show on a sign in sheet for a rule they decide to make up today even though she gave more then 4 hour notice, They're saying this due to the... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Apr 17, 2020

Several things going on--possible health code violations, things the Joint Committee on the Acreditation of Hospitals would want to know about, as well as the State Health Department or other agencies that regulate that establishment. A person who is sanctioned for calling out sick because they... Read more »

1 Answer | Asked in Business Law, Consumer Law, Contracts and Collections for Pennsylvania on
Q: I have a small automotive repair shop in Pennsylvania. Sometimes, customers refuse to pay. What can I do?

Occasionally, there are customers who agree to have the work performed and the price, even with the understanding that payment is due upon pickup of the vehicle, who then do not pay. I am not aware of any law in Pennsylvania that allows a mechanic lien to hold the vehicle until payment is... Read more »

Cary B. Hall
Cary B. Hall
answered on Feb 24, 2020

You absolutely can keep the car until you receive full payment for the repair services performed -- so long as the owner actually requested that the services be performed. Pennsylvania common law grants you an "artisan's lien" on property that you've made more valuable as a... Read more »

1 Answer | Asked in Contracts and Consumer Law for Pennsylvania on
Q: How should I go about retrieving money from a contractor who is ignoring calls and not finishing a job?

I went with a contractor who started work but moved slow. Kept giving us days and times that he would he back to finish but wouldn't show up. Missed the times. This went on for about a week. Now hes not returning any calls or messages and the job still is less than half finished.

Nancy L Lanard
Nancy L Lanard
answered on Feb 23, 2020

PA has a Consumer Home Improvement Contractor's Act that helps to protect you. You can file a complaint with the Attorney General's office regarding this particular contractor. I would suggest starting with a letter to the contractor indicating that you were prepared to file a complaint... Read more »

1 Answer | Asked in Consumer Law and Contracts for Pennsylvania on
Q: If a company purchases an existing contract with a consumer, obligated to honor the contract?

Mom was living in Lancaster county, Pa when she purchased a Cremation Services package for 1300.00 in 1993. Mom now lives with me in Blair County, PA. I called the number on her card and apparently the old company sold the contract and the new company states that there was only $241.00 in the... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Feb 12, 2020

I think it would be read as being limited to the county though you can make the argument they should take care of it. Otherwise people who moved could say "pick up my decedent in Florida."

1 Answer | Asked in Consumer Law, Real Estate Law and Land Use & Zoning for Pennsylvania on
Q: We recently purchased a new home. We asked our neighbors about installing a fence on the property line and ....

They all gave us the go ahead. We checked the Lebanon County, PA rules and there were none. We had a company come out and start to install our fence (vinyl 6ft high) to be served with a cease and desist from developers who sold the land to the builder. The builder didn’t disclose the deed... Read more »

Mark Scoblionko
Mark Scoblionko
answered on Jan 18, 2020

This, among other reasons, is why people should have lawyers when they buy houses. A competent lawyer would have asked the title company for copies of the restrictions, and you would have then known what they were. However, you may have a legitimate beef with your title company for not providing... Read more »

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