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Texas Consumer Law Questions & Answers
2 Answers | Asked in Consumer Law, Civil Litigation, Lemon Law and Small Claims for Texas on
Q: What is the max amount of mental anguish can I sue for? The cost of the vehicle was $8590.50, in my suit what is the

maximum amount of economic damages I can sue for? In my demand letter can I ask for double the cost of the truck back or in my suit if it goes to court? I am prepared to send my demand letter today, I am just unsure of all the damages I can ask to recover. I am doing this without an attorney so I... Read more »

John Michael Frick
John Michael Frick
answered on May 5, 2023

You can ask for whatever amount you like. Awards of damages for mental anguish vary depending upon the facts and circumstances presented by the evidence to the jury.

A decent rule of thumb for settlement purposes is no more than 1.5x the amount of your medical expenses for whatever bodily...
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1 Answer | Asked in Consumer Law for Texas on
Q: Is a sign on a building stating lifetime warranty on repairs enforceable.
John Michael Frick
John Michael Frick
answered on Apr 27, 2023

It depends on the particular facts and circumstances. A sign is an advertisement, not a contract. It may mean that they offer a lifetime warranty on some or all repairs they make either for purchase or with the service performed. There may be terms and conditions attached to such a warranty. It... Read more »

1 Answer | Asked in Consumer Law for Texas on
Q: What type of lawyer would i need for an auto case where the company has the part on back order & no ETA when it will be

available. They have no loaner since its going to be a long term affair. They are saying damage is due from rodent but have not provided with the proof. This is an only car for 4 people, I need a vehicle.

John Michael Frick
John Michael Frick
answered on Apr 13, 2023

Assuming that the vehicle is under warranty, a lawyer who practices in the area of consumer law may be helpful.

Your warranty likely limits the manufacturer’s responsibility to repair. But if you can prove that the part is actually available and not “on back order,” you may have a...
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1 Answer | Asked in Consumer Law, Identity Theft, Small Claims and Civil Rights for Texas on
Q: I had got a loan from title max an there was a breach

I had got a Letter saying that someone hacked there there system all took all my personal information an my social id address account everything not just me thousands of people an on top of that it's been going on for 3months before they let me know what can I do about that an another thing I... Read more »

John Michael Frick
John Michael Frick
answered on Apr 11, 2023

It doesn’t sound to me like you have any damages from the privacy breach. If TitleMax has any account numbers or passwords, they notified you so you can promptly change them.

Yes, you still have to repay the loan. Title loan companies are “lenders of last resort” meaning that the...
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1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: Can I legally cancel a subscription to an online PT with a 3 month commitment b4 1 month is over? I hate her services.

I agreed to work with a personal trainer, who sent me a form and told me to sign it while on call, within minutes. It was $500/month with a 3 month commitment. I misunderstood her explanation to mean I could pay 500/month and cancel anytime. After 3 weeks with her, I've realized that her... Read more »

Jacob Rheaume
Jacob Rheaume pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2023

Without reading all the terms of service, my gut instinct is as follows:

The unpaid commitment ($1,000) will likely still be assessed as a termination fee, meaning you're free to cancel now but she will still collect one way or another.

If you want to maintain the liquidity, I...
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1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Native American Law for Texas on
Q: Hello I'm looking for an attorney that I will assist me in fighting back a predatory lender tribal law attorney.

Can you please gave someone to call me 832.326.6476 I took out a loan for 1500 and now I'm paying 7000 back ridiculous. Any help you can give would be appreciated. It has to be illegal in Texas. How do I fight these people and not have my credit score or be legally sued. Can you assist me in... Read more »

James L. Arrasmith
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answered on Mar 16, 2023

You may also want to contact the National Association of Consumer Advocates, which is an organization of attorneys and consumer advocates who specialize in protecting the rights of consumers against unfair or abusive lending practices. Their website is https://www.consumeradvocates.org/

1 Answer | Asked in Consumer Law and Antitrust for Texas on
Q: the allergy medicine Allegra and Allegra hives are the exact same except for the cost.

There's allergy medicine called Allegra then they have another and it's labeled Allegra hives and then there's another one called 24 hours these have the exact same ingredients the exact same amount of ingredients except Allegra hives cost more than the other two each one of... Read more »

James L. Arrasmith
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answered on Mar 4, 2023

It is not uncommon for different variations of a product to have different prices even if they have the same ingredients. This is often due to marketing strategies, target audience, packaging, and other factors that can affect the perceived value of a product. As long as the products are not... Read more »

2 Answers | Asked in Bankruptcy, Consumer Law, Small Claims and Collections for Texas on
Q: Can a debt collector that bought your debt sue you for a debt that has exceeded the statue of limitations?

I just got a paper in the mail as an advertisement from a legal firm saying they found a court filing for a lawsuit under my name. They were fishing around to represent me. I set out to do some digging and it turns out a debt collector(Jefferson Capital) bought the debt from my original creditor.... Read more »

John Michael Frick
John Michael Frick
answered on Mar 3, 2023

The statute of limitations is an affirmative defense that must be raised in the lawsuit or it is waived.

You should retain a competent attorney who defends consumer debts to represent you in the lawsuit and to specifically plead the statute of limitations.

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2 Answers | Asked in Bankruptcy, Consumer Law, Small Claims and Collections for Texas on
Q: Can a debt collector that bought your debt sue you for a debt that has exceeded the statue of limitations?

I just got a paper in the mail as an advertisement from a legal firm saying they found a court filing for a lawsuit under my name. They were fishing around to represent me. I set out to do some digging and it turns out a debt collector(Jefferson Capital) bought the debt from my original creditor.... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 3, 2023

Anybody with a couple hundred bucks, or whatever the court filing fee is, can sue anybody else. The key question is whether they can get a judgment, i.e., win.

If you can show a court that your first default occurred more than four years ago, and was not subsequently cured by catching up...
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2 Answers | Asked in Consumer Law, Banking and Gov & Administrative Law for Texas on
Q: What are the most effective options to build a strong legal case against: ADT/SunPro Solar and Good Leaf the lender?
James L. Arrasmith
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answered on Mar 2, 2023

Building a strong legal case against ADT/SunPro Solar and Good Leaf will depend on the specific facts of your case and the legal claims you are pursuing. However, here are some general steps that may be effective in building a strong case:

Gather evidence: Collect as much evidence as...
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2 Answers | Asked in Consumer Law, Banking and Gov & Administrative Law for Texas on
Q: What are the most effective options to build a strong legal case against: ADT/SunPro Solar and Good Leaf the lender?
John Michael Frick
John Michael Frick
answered on Mar 2, 2023

Since Texas is a one-party consent state, record every conversation you have with every representative of each party. Keep the entirety of each recording and turn all of the entire recordings over to your attorney.

Do not sign anything unless it has been reviewed and approved by your...
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1 Answer | Asked in Consumer Law, Identity Theft, Social Security and Landlord - Tenant for Texas on
Q: I wanted to know if I could file a lawsuit against an apartment leasing company that allowed someone to open a lease

Under my name without my consent while a credit freeze was placed in credit reports?

John Michael Frick
John Michael Frick
answered on Feb 23, 2023

Absolutely . But it may not be necessary.

Send the leasing company a letter demanding that it acknowledge that it allowed some to open a lease in your name without your consent and cc the landlord on that lease. Detail the evidence you have that the leasing company knew it wasn’t you...
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1 Answer | Asked in Personal Injury and Consumer Law for Texas on
Q: My insurance company mixed my personal information with a family members but didn't tell me. How can this be resolved?

I share a similar name with a grandparent and although they dont even drive, my insurance company considers them insured under the same policy. When I was injured in a car crash an adjuster created a PIP CLAIM using my grandparents identity and my medical information (combining the two). I... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 22, 2023

A Texas attorney could advise best, but your question remains open for a week. A starting point could be to reach out to the claims office that originally mixed up the names and ask them to clarify their records. However, if the PIP claim was several years ago, it's possible the carrier closed... Read more »

1 Answer | Asked in Consumer Law and Elder Law for Texas on
Q: Can a lawyer invoice you without a representation agreement?

My mom has a legal issue. She's not technically inclined. I found an attorney who might be able to help her and filled out the contact form on their website. The attorney responded back and asked me to explain the issue. Once I did, they said she should come in for a free consult. She met with... Read more »

John Michael Frick
John Michael Frick
answered on Feb 11, 2023

A lawyer is entitled to charge a reasonable fee for legal services performed at a person’s request.

Some lawyers agree to review documents sent to them via email before an initial consultation, and may even agree to perform some preliminary research. It sounds like this happened in this...
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1 Answer | Asked in Consumer Law, Lemon Law and Libel & Slander for Texas on
Q: My dealer sold me a lemon. Is it legal to drive my car with painted messages on my doors "parkplace sold me this lemon"?

Have tried to resolve amicably. Car in shop 26 days out of the 45 I have owned it. Since it was purchased with 1000 miles CPO "as is" it does not qualify for buyback according to MBUSA.

I spent 130k and car does not drive nice. So while I prepare a lawsuit, want to paint on car,... Read more »

John Michael Frick
John Michael Frick
answered on Jan 28, 2023

Since a car can only be a “lemon” if it was purchased new, you could be sued for business disparagement if your sign deters a prospective customer from purchasing a car from the dealership.

Most used cars are sold as-is, meaning the buyer is not relying on anything the seller may have...
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1 Answer | Asked in Consumer Law, Contracts, Landlord - Tenant and Municipal Law for Texas on
Q: Dilemma: in a rental home that had main sewer clogs and landlord/owner aware for months. Now it's backing up

Into multiple different homes. This is also in a MUD district. Tenant law says 3 days to fix. Who's responsible?

John Michael Frick
John Michael Frick
answered on Jan 20, 2023

“Into multiple different homes” sounds like this is a municipal utility problem and not a landlord problem.

The landlord would ordinarily be responsible for the section of plumbing from the dwelling to the main sewer line.

This sounds more like a blockage in a sewer main...
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2 Answers | Asked in Civil Litigation, Consumer Law and Real Estate Law for Texas on
Q: Need to know what law it falls under to file a suit against a police department a real estate agent and a mobile home

Mover. Please department for a failure to I don't know protect somebody when they tried to file multiple reports of being stalked raped Drugged ect.

Real estate agent for ethics for calling me causing me to be homeless with 2 children. Stealing thousands of dollars worth of merchandise... Read more »

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 9, 2023

You can not sue the Police unless you have established a "special relationship." That has not happened in your matter. Unfortunately, the police have no legal obligation to make a report, investigate, or arrest anyone. Believe it or not, that's the law.

On the Real Estate...
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1 Answer | Asked in Consumer Law, Business Law and Collections for Texas on
Q: Should I pay for canceled order that was delivered?

I canceled 3 orders from a hardware store, yet they have still been delivered. These were canceled in store by the manager. I was advised by the employee, if the order does come, accept it and dont say anything. The total of the items is over 18k. What do I do? Will i be charged for these items... Read more »

John Michael Frick
John Michael Frick
answered on Jan 2, 2023

No, you don’t have to pay for them.

No, you can’t keep them.

Notify the store that they were delivered anyway despite your cancellation of the order and arrange a time for them to come pick them up.

1 Answer | Asked in Consumer Law and Personal Injury for Texas on
Q: I tested positive for opiods after consuming a Starbucks everything Bagel. Could I sue Starbucks?

Failed pre-employment drug test due to positive opiods test.

John Michael Frick
John Michael Frick
answered on Dec 31, 2022

It is unlikely you could successfully sue Starbucks.

Although it is possible to test positive for opioids on a drug test as a result of consuming poppy seeds, it is rare. But this is also widely known. This is why individuals are cautioned to avoid eating poppy seeds prior to submitting...
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2 Answers | Asked in Consumer Law for Texas on
Q: Mercari admitted the shoes they sold to me are fake but that I can't get a refund since the return window has passed.

I bought a pair of shoes from mercari back in November. The shoes look like the pictures provided online and I accepted it because mercari certified it verified authentic. December 23rd I noticed the shoes are fake and there is no serial number on the shoes. I contacted mercari and they admitted... Read more »

John Michael Frick
John Michael Frick
answered on Dec 27, 2022

Mercari is an eCommerce platform. For practical purposes, it is a computer application that allows users to buy and sell products conveniently between themselves.

It does not sell shoes. It merely provides a platform for another person like you to buy, or sell, shoes from another person....
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