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Virginia Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Insurance Bad Faith for Virginia on
Q: I'm in a complex case and may need to join both insurance company's under new laws of bad faith vs at fault driver.

My insurance company did not do due diligence, withheld repair quotes that meant my car was not a total loss. Told me could only provide rental for 1 week after low ball offer, that they never corrected.

At fault drives ins company used "policy limits" to not pay, increasing my... View More

Tim Akpinar
Tim Akpinar
answered on Oct 27, 2024

A Virginia attorney could advise best, but your question remains open for two weeks. It sounds like you are dealing with an adversary with very low policy limits. If that's the case, you could explore your own policy's underinsured motorist provisions or look into viability of filing... View More

1 Answer | Asked in Bankruptcy, Consumer Law, Criminal Law and Immigration Law for Virginia on
Q: Credit card debt. Is the case active as per the case details below?

Credit card maxed out by doing balance transfer amount is 4000$.

left USA as wife lost the job.

I was using the same credit card for 3 years in the past.

Warrant in debt filed after 3 years I left the country.

Hearing happened the same year but I was not in the... View More

James L. Arrasmith
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answered on Oct 16, 2024

Based on the information you provided, it appears that your case is no longer active. The judgment stating "case dismissed" and "judgment vacated" typically means that the court has closed the case in your favor. Since it's been over ten years and the case has been... View More

1 Answer | Asked in Consumer Law, Criminal Law and Trademark for Virginia on
Q: Is it legal to resell fake products like airpods, but list them as fake, so the buyer knows the are not legit in VA?
James L. Arrasmith
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answered on Jul 18, 2024

Selling fake products, even if you clearly label them as fake, is illegal in Virginia. This practice violates both state and federal trademark laws. Trademark laws protect consumers from confusion and deception regarding the authenticity of products.

Additionally, selling counterfeit items...
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1 Answer | Asked in Consumer Law for Virginia on
Q: I bought a bracelet in 2020 for $9,000 I was told it was pure gold. It's only gold covered. What are my rights?

I bought a bracelet in 2020 for $9,000 I was told it was pure gold. However, the gold is beginning to discolor and I've come to learn that the bracelet is in fact gold covered and not pure gold. The pawn shop I bought it from has since changed owners twice but the store has kept the same name... View More

Tim Akpinar
Tim Akpinar
answered on Apr 28, 2024

A Virginia attorney could advise best, but your question remains open for a week. The Product Liability category is basically about injuries from dangerous products. Your situation appears to be closer to consumer rights. You could repost and add categories of "Consumer Law,"... View More

1 Answer | Asked in Consumer Law, Products Liability and Insurance Bad Faith for Virginia on
Q: I purchased a warranty from Endurance about 3 months ago. My car went into the shop about a month ago. It needs repairs

I purchased a warranty from Endurance about 3 months ago. My car went into the shop about a month ago. It needs repairs that are covered by the warranty and they will not pay. Can you help me?

Tim Akpinar
Tim Akpinar
answered on Jan 15, 2024

A Virginia attorney could advise best, but your question remains open for four weeks. Your question could be difficult to address within the brief scope of this Q & A forum. An attorney would likely want to see the agreement, information about the repairs, denial forms, correspondence, and... View More

1 Answer | Asked in Consumer Law, Contracts and Collections for Virginia on
Q: My question is about who's responsible for a debt related to the sale/purchase of a house in Virginia.

My wife and I bought our house in June 2022, and provided a check for the remaining propane ($750) which should have been given to the sellers. The seller's attorney misplaced the check and is now saying, almost 18 months later, that it's our responsibility to remedy the situation by... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 21, 2023

The question is whether the check cleared your bank. If it did not, you never paid the debt. If it didn't clear, you still owe the money.

1 Answer | Asked in Banking, Consumer Law and Contracts for Virginia on
Q: Long story. I cos-sign for a car. Some how they switched ot to make me principle buyer. Car payment 2 1/2 months behind

No tax paid since car was bought. Caused a stop fee on my dmv record. No insurance on vehicle and tags is no good since February 2023. Loan company said I can do a volunteer repo bust I must bring it in. The other signer refuse. What can I do please help.

James L. Arrasmith
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answered on Nov 13, 2023

In Virginia, if you find yourself incorrectly listed as the principal buyer on a car loan you cosigned, you should first review the loan agreement and any related documents to understand how this change occurred. If there's evidence of a mistake or fraudulent activity, you may need to dispute... View More

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Virginia on
Q: Do I really need a lawyer?

I need to sue a contractor who built a deck that is not up to code for its intended purpose after I provided specific instructions to do so. It could be dangerous to life and limb.

T. Augustus Claus
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answered on Oct 20, 2023

While it's not obligatory to hire an attorney to sue a contractor in Virginia, doing so is highly recommended, especially in cases involving construction defects that could pose safety risks. An attorney's expertise in Virginia's construction and contract laws can be invaluable in... View More

1 Answer | Asked in Consumer Law for Virginia on
Q: Cemetery mix up do I have a legal right to go after them
T. Augustus Claus
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answered on Oct 13, 2023

Yes, you may have a legal right to go after the cemetery if there was a mix-up with your loved one's remains. The specific legal claims that you may have will depend on the specific facts of your case. For personalized legal advice tailored to your unique circumstances, it's advisable to... View More

2 Answers | Asked in Real Estate Law, Consumer Law, Small Claims and Insurance Bad Faith for Virginia on
Q: Should I file an insurance claim, work with my neighbors or contact an attorney?

The issue involves an HVAC company (AllTech) that performs HVAC and plumbing services on my condominium (Unit 304) and my neighbor’s (Unit 404) who lives directly above me. The issue is that AllTech failed to properly re-insert the condensation pipe into the drain when performing service on Unit... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Aug 21, 2023

Assuming the condominium unit is in Virginia, I don't understand why you would not report a claim to your hazard insurance company for damage to your unit. The insurance proceeds will be used to repair the damage to your unit. Your insurance company will be subrogated to your right's to... View More

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1 Answer | Asked in Consumer Law, Small Claims and Real Estate Law for Virginia on
Q: I am seeking counsel to see if working with an attorney is a better course of action than filing an insurance claim.

The issue involves the HVAC company (XXXX) that performs HVAC and plumbing services on my condominium (Unit 304) and my neighbor’s (Unit 404) who lives directly above me. The issue is that AllTech failed to properly re-insert the condensation pipe into the drain when performing service on Unit... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Aug 20, 2023

Assuming your unit is in Virginia, I am not sure why you would hesitate to use your hazard insurance for a claim. Your insurance carrier will straighten it out, and use subrogation to recover from the party who is liable. Sure, there is likely common element damage as well, that should be covered... View More

1 Answer | Asked in Consumer Law and Collections for Virginia on
Q: salemans modified cancelled contract, forged name, then file with collections agency..what options to stop collections

A salesman came to my son's home Nov 29th, demonstrated vacuum cleaner. Purchased, signed contract...had 3 days to cancel contract. Dec 1st he cancelled contract, salesman came picked up vacuum and took all paperwork including his copy of the contract stating he didn't need it anymore.... View More

Maria T Patente
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answered on Mar 20, 2023

Yes, your son could pursue a private right of action under the Virginia Consumer Protection Act. In these cases, any intentional or willful actions that violate the act enable the Plaintiff to recover treble (triple) the damages and attorney fees. The Virginia Consumer Protection Act creates a... View More

1 Answer | Asked in Consumer Law for Virginia on
Q: i been out of country and did not received the summons and court order judgment against me for the credit card payments

should i file motion and ask the court to set aside the case ?

Maria T Patente
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answered on Mar 20, 2023

If the Court Order occurred within 30 days, you may be able successfully motion the Court to re-open the case or re-try the case. If the Court Order occurred within the past 10 days, you could appeal to the Order to the Circuit Court. If you were in the military, you may be able to obtain relief... View More

1 Answer | Asked in Consumer Law, Contracts and Personal Injury for Virginia on
Q: What does Plaintiff hereby waives any and all right to be provided with any futther notice of payment of settlement fund

This is written in my settlement agreement that payment would be sent to counsel and my attorney stated the other attorney sent payment to another location like the check is lost

Tim Akpinar
Tim Akpinar
answered on Mar 5, 2023

A Virginia attorney could advise best, but your question remains open for a week. It means that plaintiff waives further notification of settlement payment being sent, other than the initial notice made to the attorney. It sounds like the opposing attorney sent check to a wrong location, and that... View More

1 Answer | Asked in Consumer Law and Collections for Virginia on
Q: Can a debt collection agency imply that I obtained a payday loan from several years ago with FRAUD

I never received the 1st notice, I only received the 2nd notice, and the notice says that the debt was incurred several years ago, and that because my check came back as NSF, that i INTENDED TO DEFRAUD, the payday loan company. Add on i sent them a DEBT VALIDATION LETTER on the 21st of February,... View More

James L. Arrasmith
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answered on Mar 2, 2023

Under the Fair Debt Collection Practices Act (FDCPA), debt collectors are prohibited from using false, deceptive, or misleading statements in an attempt to collect a debt. Implying that you obtained a payday loan with fraud, without evidence to support that claim, could be considered a violation of... View More

1 Answer | Asked in Banking, Civil Litigation and Consumer Law for Virginia on
Q: I just refinanced on a car with a dealership that deals with banking, I signed a contract and car won’t go in reverse

They denied my refund it hasn’t been a whole 24 hours, I no longer trust the dealership because they are hanging up in my ear, I live in norfolk Va, how can I get help with this, does this fall under the lemon law, not to mention I told them I was unable to get insured which was reason 2 I wanted... View More

James L. Arrasmith
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answered on Mar 2, 2023

If you have just purchased a car and it has a significant mechanical issue, such as the inability to go in reverse, you may be able to take action under Virginia's lemon law or other consumer protection laws. Under Virginia's lemon law, a car may be considered a "lemon" if it... View More

1 Answer | Asked in Consumer Law for Virginia on
Q: I bought a house that clearly stated in the listing “hardwood floors are throughout the home under the existing carpet”

When I was able to occupy the home I pulled up the carpet to find there was no hardwood floor. According to the VCPA I have a case against them

Steven Krieger
Steven Krieger
answered on Feb 22, 2023

Yes, it sounds like there was a misrepresentation re the hardwood floors, so you may have a valid VCPA claim. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

1 Answer | Asked in Business Law, Contracts and Consumer Law for Virginia on
Q: Hello! I went to purchase a vehicle for my new business. The person at the dealership asked me to put down 2K

After looking for lenders for my loan. I was told by the finance rep to put down 2k to cover the tax and other fees at least due to the amount of the loan. At that moment, it wasn’t my intention to do so but I felt pressure to do it. Can I use any consumer law on this case?

Dragan Ivetic
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answered on Feb 10, 2023

The facts as presented in the question unfortunately are unclear as to what basis there would be for a consumer law claim.

Is there a claim of fraud or deceptive business practices? Just because you intended to do one thing and ended up doing another - does not by itself indicate fraud....
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1 Answer | Asked in Consumer Law for Virginia on
Q: We took our rv in for repair last fall. Guy kept saying backed up/ needed more time etc. He is now avoiding us.

We originally paid to store the RV but the owner also does repairs so we went ahead and had him do our external repairs. Was given a quote we agreed to. Maintained contact with him and when he was ready to start our repair he would not take a credit card over the phone so I requested he send me... View More

Steven Krieger
Steven Krieger
answered on Jan 25, 2023

At this point, I think you have to send a letter through a law firm or file a lawsuit. Hopefully, the RV is still at the property, but you really have no way of knowing (unless you can see it through the gate). I'm sure anyone who responds would be happy to help if you decide to retain a firm.... View More

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Collections for Virginia on
Q: Is there a statute of limitations on credit card debt?

I was contacted by a law group saying I owed on an old credit card debt. They're saying the last time they tried to contact me was 2016 from a card I obtained before 2010. It was a JCPenny store card. They're threatening garnishment. I paid off all my debts before I purchased my home in... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Dec 9, 2022

Credit card lawsuits typically involve two different jurisdictions - the issuer's home state and the borrower's home state, and the shorter of the two may apply in Virginia. In Virginia Code Section 8.01- 232, there are three conditions on the enforceability of a waiver of the right to... View More

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