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Washington Consumer Law Questions & Answers
1 Answer | Asked in Civil Litigation, Consumer Law and Small Claims for Washington on
Q: In small claims, what if all evidence was not presented to defendant will judge still hear the case?
Tim Akpinar
Tim Akpinar
answered on Jul 31, 2024

A Washington attorney could advise best, but your question remains open for a week.

The short answer is that it could depend on the judge and how material to the issue at hand the missing evidence is. As a general rule nationwide in small claims, the court is not likely to grant the same...
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1 Answer | Asked in Consumer Law, Business Law and Internet Law for Washington on
Q: Is it legal for uber eats to not refund me for a delivery not delivered?

I ordered from Ubereats for delivery and didn't receive it. I asked for a refund and they ask for a picture of the delivery. They got a picture of the ground because they didn't deliver. Then told me that it does not qualify for a refund because the order was not in the sent picture.

James L. Arrasmith
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answered on Jun 8, 2024

Based on the situation you've described, it seems that Uber Eats may not be handling your refund request appropriately. Here are a few points to consider:

1. Uber Eats' refund policy: According to their terms and conditions, Uber Eats typically offers refunds for orders that were...
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1 Answer | Asked in Consumer Law, Immigration Law, Banking and Internet Law for Washington on
Q: Illegal way

If I wanted to get a test result in an illegal way, but I was deceived, I transferred money but never received a result, you can send this to ic3. In fact, I have not yet broken the law.

James L. Arrasmith
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answered on May 12, 2024

I'm sorry to hear that you were deceived and lost money in this situation. Being scammed is awful and I empathize with how frustrating that must be. Even though you did not end up breaking the law, attempting to obtain test results illegally is still ill-advised.

If you believe you...
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1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Collections for Washington on
Q: I sold pieces of silver to a local jeweler. The check bounced. For two months he kept promising to make it good.

For two months he promised to make it good in a "few days". For the last month he has not returned my calls or texts. What are my options? Since he has done this recently to multiple people at what point does this become criminal? The transaction occurred in Sequim, Washington

Joel Gary Selik
Joel Gary Selik
answered on Apr 22, 2024

It is probably criminal now. Report it to the police (do not threaten to report it to the police as that might be a crime). Check your states laws on giving notice on bounced checks and your rights to recovery in small claims for damages in addition to the amount of the check.

1 Answer | Asked in Consumer Law for Washington on
Q: We bought a car private party and the seller stated that it was Mechanically sound, brought to mechanic needs 12K to be.

We recently (3/17) bought a used vehicle via private party in messages from the seller they stated that they put about 2,500 in to the vehicle to make it mechanically sound. When we arrived the told us that the only thing that needed repaired was the power steering motor. We agreed to pay 3,500 for... View More

James L. Arrasmith
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answered on Mar 19, 2024

In Washington State, private party car sales are generally considered "as is," meaning the buyer assumes the risk for any problems with the vehicle after purchase. However, if the seller made specific claims about the condition of the car that turned out to be false, you might have... View More

1 Answer | Asked in Consumer Law, Products Liability and Personal Injury for Washington on
Q: I was drinking a Dr pepper and sharp object entered my mouth. I spit it out. Its a metal screen. What do I do about it?

Do I have a lawsuit for negligence?

Tim Akpinar
Tim Akpinar
answered on Mar 18, 2024

A Washington attorney could advise best, but your question remains open for a week. If you're asking about your rights here, the question that will arise is. "What harm/injury did you suffer?" Any case would be based on the extent of harm/injury suffered, which fortunately does not... View More

1 Answer | Asked in Civil Rights, Consumer Law, Contracts and Landlord - Tenant for Washington on
Q: i was threatened with legal action and loosing my housing voucher if i didnt sign a increase to my month old lease.

I am a Section 8 voucher holder who recently found a 2bdr apartment for $1045 a month and signed a lease Jan 19th 2023 with the landlord paying $1045 security deposit and 455$ first months pro rated rent. I was repeatedly promised my $455 portion back as soon as they got paid from the PHA. never... View More

James L. Arrasmith
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answered on Feb 4, 2024

Facing pressure to sign a revised lease and then dealing with eviction under these circumstances is distressing, especially when it impacts your housing voucher and overall housing security. Under the Section 8 program, any increase in rent must typically be approved by the Public Housing Authority... View More

1 Answer | Asked in Consumer Law and Civil Rights for Washington on
Q: If I send a complaint letter as a consumer to a business. Can they forward my letter to my employer?

Possible violation of Chapter 9.73 RCW

James L. Arrasmith
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answered on Jan 26, 2024

Yes, it appears that the business violated Washington state's privacy law by disclosing your consumer complaint communication to your employer without your consent.

Specifically, Revised Code of Washington (RCW) 9.73.030 states that it is unlawful for individuals or businesses to...
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1 Answer | Asked in Consumer Law, Civil Rights and Communications Law for Washington on
Q: Can a communication between a consumer and a business be disclosed to 3rd parties?

I submitted a complaint (as a consumer) to a business. That business forwarded my complaint to my employer which they later used as evidence to justify disciplinary action. Is that violation of Privacy law in WA (RCW 9.73. 030)?

James L. Arrasmith
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answered on Jan 26, 2024

Yes, it appears that the business violated Washington state's privacy law by disclosing your consumer complaint communication to your employer without your consent.

Specifically, Revised Code of Washington (RCW) 9.73.030 states that it is unlawful for individuals or businesses to...
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1 Answer | Asked in Consumer Law, Business Law and Constitutional Law for Washington on
Q: What are the WA state laws re: SIR in a 3rd party insurance claim against a roofer's defective roofing job and damages?

We hired a roofer through a professional service. The roofer failed to repair damages from his inferior work. The professional service offered a small refund with a waiver of section 1542 of CA civil code. Before I sign the release, I want to be sure it doesn't preclude me from suing the... View More

James L. Arrasmith
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answered on Jan 18, 2024

In Washington State, a Self-Insured Retention (SIR) is an amount that the insured party, in this case, the roofer, must pay out of pocket before their insurance coverage kicks in for a claim. If the roofer fails to pay the SIR, the insurance company may not cover the claim. This means that if the... View More

Q: If a lawyer resigns, can the attorney still be court appointed attorney?

Just looking at attorneys who resigned and still practice in the Department of Assigned Counsel. This would mean that the Judge hires DAC to provide an attorney. Judges who are not aware of a resigned attorney are not aware of the illegal actions and these cases must be dismissed.

There... View More

James L. Arrasmith
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answered on Dec 30, 2023

If an attorney resigns from the bar, they are no longer authorized to practice law, including serving as a court-appointed attorney. It's essential for judges and legal institutions to be aware of an attorney's current status to ensure legal representation is valid and compliant with the... View More

1 Answer | Asked in Consumer Law, Landlord - Tenant and Civil Rights for Washington on
Q: HOW CAN I GET SERVICE AGAINST LANDLORD THAT VIOLATED MY STALKING PROTECTION ORDER AGAINST THEM BY SENDING TEXT MESSAGES?

WE HAVE BEEN VIOLATED BY LANDLORDS, WE COMPLAINED TO D.O.J AND DID DEMAND LETTER IN 2023, WHICH WE WERE PROTECTED FOR 90 DAYS WHICH WOULD BE , THEY VIOLATED OUR RIGHTS BY HAVING BOYFRIEND BE SERVED AN ILLEGAL EVICTION FORM THAT'S NOT SIGNED OR STAMPED BY A JUDGE. WE ARE STILL BEING VIOLATED... View More

James L. Arrasmith
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answered on Nov 19, 2023

In your situation, where your landlord has allegedly violated a stalking protection order by sending text messages, it's crucial to understand your legal options and the steps you can take. First, document all instances of these violations, including the text messages and any other forms of... View More

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for Washington on
Q: Does a husband have to accept from a process server a summons that names only the wife on it? Or has to give to her?

A process server came to our door trying to serve a summons to my wife and her name is the only one on it not mine. It’s not my credit account either. Do I by WA State law have to accept her summons if I’m approached by the server?

Timothy Denison
Timothy Denison
answered on Sep 14, 2024

No. You do not have to accept the summons.

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1 Answer | Asked in Consumer Law, Employment Law, Education Law and Internet Law for Washington on
Q: What legal implications would need to be considered to create a LinkedIn style platform for minors under the age of 16?

I'm interested in creating an online platform similar to LinkedIn but specifically for individuals under the age of 16 who are looking for internship, mentorship, and volunteer opportunities. Given that LinkedIn currently restricts its users to those over 16, I want to understand the legal... View More

James L. Arrasmith
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answered on Aug 6, 2024

Creating a LinkedIn-style platform for minors under 16 involves navigating several important legal considerations. Firstly, you must comply with child labor laws, which vary by state and regulate the types of work minors can do, the hours they can work, and the conditions under which they can work.... View More

1 Answer | Asked in Consumer Law, Business Law and International Law for Washington on
Q: Do you know where I can find laws on product compliance related to labeling requirements for textiles and apparel?

Specifically, I'm looking for laws that would dictate these requirements for goods sold into these countries: Malaysia, Singapore, Kuwait, Qatar, UAE, and Hong Kong. Is this something you're able to help with? I'm struggling to find what I need through a basic Google search.

James L. Arrasmith
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answered on May 8, 2024

I can provide some general guidance on where to find information about textile and apparel labeling requirements for the countries you mentioned.

1. Malaysia: The Ministry of Domestic Trade and Consumer Affairs (MDTCA) oversees labeling requirements.

2. Singapore: The Consumer...
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1 Answer | Asked in Insurance Bad Faith and Consumer Law for Washington on
Q: can you sue an insurance company for what you paid forb full coverage and your coverage was barely covering liability

i paid $379 a month for full coverage for a year and come to find out i was barely covered for liabilty

Tim Akpinar
Tim Akpinar
answered on Dec 2, 2023

A Washington attorney could advise best, but your question remains open for a week. 'Probably not, if the terms were outlined in the policy and you were provided with a copy. But check with a local attorney - different attorneys could see things differently. Good luck

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Insurance Bad Faith for Washington on
Q: Question about legalities and ethics regarding a home insurance claim.

Had a grease fire in my kitchen so I started a home insurance claim. Well before I have even gotten the adjuster to come do the inspection I'm getting calls from people trying to buy my "fire damaged home" . I asked how how they got my info and was told they got it from my... View More

Tim Akpinar
Tim Akpinar
answered on Oct 30, 2023

A Washington attorney could advise best, but your question remains open for a week. I'm sorry about your fire. It could depend on what your arrangements were - and what you and the carrier agreed should be done with the house. If you reached out to local attorneys, they would probably want to... View More

1 Answer | Asked in Consumer Law and Contracts for Washington on
Q: If you go on vacation more than 30 days is the house considered vacant or unoccupied ?
T. Augustus Claus
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answered on Sep 28, 2023

In Washington, the distinction between "vacant" and "unoccupied" often depends on your homeowner's insurance policy terms. Generally, a house is considered "unoccupied" if you intend to return, while "vacant" usually means no intent to return.

1 Answer | Asked in Insurance Defense, Personal Injury, Consumer Law and Contracts for Washington on
Q: Bank kept over payment of insurance of $20,000. I paid over $25,000 for car, insurance paid $49,000 & value was $53,120.

In January of 2023, I totaled my 2021 Dodge Challenger which I purchased through Ally Bank September 20, 2020. I put $20,000 down as a down payment, traded in my older model,made 19 on time payments of $275.48 ($5,234.12) for a total of $25,234.12 in payments made towards the vehicle (not including... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 25, 2023

Use the Justia Find a Lawyer tab and search for consumer lawyer and/or a collection lawyer in your area---call a few them and discuss the specifics of your case with them and then decide how to proceed. Good luck.

3 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Copyright for Washington on
Q: is there a place I can find open source data for documents involved in a case's document discovery process?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 8, 2023

No. Discovery requests are not filed as a public record, unless, and only to the extent that, the same are controverted and a protective order is sought. The same is true of documents produced in response to discovery requests. Only after culling, and if a judge permits, are documents produced... View More

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