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Texas Consumer Law Questions & Answers
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... View 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... View 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... View 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,... View 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... View 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... View 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... View 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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2 Answers | Asked in Consumer Law, Personal Injury, Constitutional Law and Internet Law for Texas on
Q: Is it possible to take legal action against a website that allowed the unethical promotion of a online casino?

I am an individual who is now struggling with a crippling gambling addiction that has ruined my life in every way imaginable in the past 6 months. I was first exposed to this online crypto casino via a live stream on a website where I watched entertainers stream themselves live playing video games,... View More

John Michael Frick
John Michael Frick
answered on Dec 19, 2022

Back in 2013, a group of class action plaintiffs lawyers met in Indianapolis to discuss the prospects of such litigation on a scale similar to the tobacco litigation.

Since then, a few smaller lawsuits have been filed that have typically ended unsuccessfully for the plaintiffs.

It...
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1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Banking for Texas on
Q: Wells Fargo had a writ of garnishment/levy in my bank account and an "order of Nonsuit without Prejudice". What is next?

Wells Fargo had a default judgment against me from the 67th District court in Fort Worth, Texas in 2019 for the credit card debt that I defaulted. I did not know about default judgment until they had a writ of garnishment/levy from the court dated 11/07/2022 and put the garnished amount($7,572.18... View More

John Michael Frick
John Michael Frick
answered on Dec 14, 2022

Your bank likely needs the Order of Nonsuit to release the garnished funds back to you.

Your HELOC lender likely needs a Release of Judgment concerning the default judgment to proceed with your loan.

I suggest you take the Order of Nonsuit to your bank and tell them you want your...
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1 Answer | Asked in Consumer Law, Criminal Law and Employment Law for Texas on
Q: Is a store employee aloud to put there hands on me if I did nothing wrong as in I didn't steal anything
John Michael Frick
John Michael Frick
answered on Nov 28, 2022

“Putting their hands on you” is a broad term. Generally speaking, it is not illegal to physically touch another person. On the other hand, intentionally assaulting or offensively touching someone (eg punching, slapping, kicking, clawing, forcefully shoving, etc) might be a crime depending... View More

1 Answer | Asked in Consumer Law for Texas on
Q: Bought new car decided against extended warranty soon filled cancel form been 45 days dealership not responding refund
John Michael Frick
John Michael Frick
answered on Nov 16, 2022

Extended car warranties are offered from the manufacturer or from third party warranty companies. While dealerships offer these products to their customers, the warranty itself is almost always with another company. When such warranties can be cancelled is governed by the written terms of the... View More

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for Texas on
Q: Can I file suit on a dealership that sold me a lemon car and that knowingly was being deceitful about car repairs
John Michael Frick
John Michael Frick
answered on Nov 11, 2022

Yes, if you purchased a new automobile from a dealership, you may be able to file a "Lemon Law" complaint. The complaint procedure is overseen by the Texas Department of Motor Vehicles.

The requirements and procedure are described in layman's terms on its website at...
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1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: A friend of mine took his car down got a title loan. He lapsed on his bill and they took the car and auctioned.

A friend of mine took his car down got a title loan. He lapsed on his bill and they took the car and auctioned. He is not upset but they sold the car for 6k more than the debt. He brought me the letter and we called. They said it can take 6 months to a year to get the funds. Is there a time frame... View More

John Michael Frick
John Michael Frick
answered on Oct 25, 2022

Ordinarily, title loan companies do not pay any excess proceeds to the defaulting borrower.

Your friend should check the written terms of his title loan to see if it states how long. Generally, if a contract doesn’t state a specific time for performance, a reasonable period of time is inferred.

1 Answer | Asked in Public Benefits, Consumer Law, Products Liability and Business Law for Texas on
Q: What are some things I can do to increase the importance of hygiene and QC at my local tobacco shop as a member/buyer.

I have a local cigar shop that's produces all in house. Tons of boxes all around of future cigar binders, fillers and wrappers. I've seen mold a hand full of times. Not cigar bloom but clear as day mold on the ends or twisted tips. Many times I'll grab the multi packs off the display... View More

Tim Akpinar
Tim Akpinar
answered on May 7, 2024

It's possible that there could be technical solutions, since you seem to like the place and its owners and don't want them to be hurt - dehumidification, air conditioning, etc. Good luck

1 Answer | Asked in Consumer Law for Texas on
Q: My application for a car loan was denied should I get my deposit back
John Michael Frick
John Michael Frick
answered on May 1, 2024

If the deposit is refundable, you should get it back.

1 Answer | Asked in Consumer Law and Real Estate Law for Texas on
Q: Hi my home is in a lawsuit since a relator bought my home from someone she knew had falsified signatures

When they tried to evict me in jp court the judge ruled in myfavor and stated that i should not be evicted while the case is pending higher court between the person i bought the house from and thecperson mrs leal bought the home from but she still gets another realator to list the home for sale... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

Win the case that is pending in the higher court. You might be able to persuade the judge in that higher court to grant a temporary injunction prohibiting the realtor from listing the home for sale until the lawsuit is resolved.

1 Answer | Asked in Insurance Bad Faith, Consumer Law, Foreclosure and Banking for Texas on
Q: auction.com has my property listed for auction 4/2/24. I was not given proper legal notification

What can be done, other than bankruptcy to immediately stop my home from going to auction? I only was made aware of my property going to auction by setting a reminder on the website for my property. The bank cancelled a Nov 23’ auction. I have not received tax forms from the lender since 2019 and... View More

James L. Arrasmith
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answered on Apr 1, 2024

I'm so sorry to hear about the challenging situation you're facing with your home potentially being auctioned off, especially given the lack of proper notification and other issues you've described with your lender. This sounds very stressful and I can understand your urgency in... View More

1 Answer | Asked in Consumer Law, Divorce, Family Law and Civil Rights for Texas on
Q: I lost my wife and money because someone Landed my name
James L. Arrasmith
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answered on Apr 1, 2024

I'm so sorry to hear about your situation. It sounds like you may have been the victim of identity theft, which is an awful experience that can have devastating consequences. Here are some steps I would recommend taking:

1. Contact the credit bureaus (Equifax, Experian, TransUnion) to...
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