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Consumer Protection Law Questions

What is a Consumer Protection Law?

Consumer Protection is made up of laws and organizations that are in place to make sure the rights of consumers and fair trade competition and the free flow of information that is truthful in the market place. These laws are in place to keep business that engage in fraud or specified unfair practices from gaining any kind of advantage in the marketplace and may provide additional protection for the weak companies and companies that may not be able to take care of themselves. The Consumer Protection Laws are a type of government regulation which protects the rights of consumers. Consumer Protection Laws can cause many individuals questions. To find questions that have been answered by the Experts about the Consumer Protection Laws, read below.

Is there any recourse in the state of Florida, against a real estate dealer that misrepresents the property that they are renting and the customer has proof of this?

If the person has proof that the real estate brokers mislead them about a property then according to Florida Statute 475.25(1) (c) the customer can complain to the Division of Real Estate in regards to the agent’s behavior. The Division of Real Estate may fine the agent or possibly take his/her license to sell real estate away. The customer may also be able to take the agent to court and sue for damages if he/she would like to take a more direct route.

If a person pays a “famous” consulting firm thousands of dollars and then the firm does not follow through with what they were paid to do, how would a person go about finding a lawyer to get his/her money back and what would they need to file against the firm?

The person wanting to file the suit can visit www.martindale.com to find a lawyer to assist them in their area. Once the lawyer is retained then the person would need to have the lawyer file a demand for repayment of the money and place a 7 day deadline on this demand. The lawyer would need to site lack of performance, breach and unjust enrichment as the reason for the demand for refund. If the firm does not respond to this then the lawyer would need to file a complaint and work on a commission fee basis.

In the state of New Jersey, are there any actions a customer can take to get their money back for a service that was not followed through on in the state of Texas if the customer used a bank wire transfer instead of a credit card?

If the customer used a bank wire transfer as opposed to a credit card, then this does not provide the same protection as using a credit card purchase. The person that lost the money would need to find the address of the company and file suit against the company and its principles to regain the money back. Once the customer has the address then he/she can serve the company through the Texas Security of State website. Once that is done the customer can file a deceptive trade practice law suit and may possibly regain the original amount of money paid, plus three times that amount in punitive damages.

In the state of Alabama, if the Consumer Protection Agency investigates a marketing practice can one company refuse to comply to provide certain records with other companies with a subpoena, and what can this company base their refuse upon?

This company, could possibly base their refusal to comply with the subpoena on confidentiality of in-company contracts and releasing private business information that is considered to be competitive business information.

When a customer makes a purchase or plans to make a purchase, then they have certain rights and protection so insure they get the service that they paid for. There may be times when the customer is fuzzy about the protections and laws that their transaction falls under and need to gain advice on what falls under the Consumer Protection Laws, then they can seek the answers from the Experts to help them understand the laws and protection that they are entitled to under the Consumer Protection Laws.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
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Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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    I had severe insomnia and depression and the general doctor gave me lunesta I came back to tell him it did not do anything for me, then he referred me to a psychologist who also referred me to a psychiatrist , finally and after eight months sleeping 1-2 hours a day, the psychologist prescribed me the right medicine which put me to sleep the first night I took it. the psychiatrist told me that the general doctor could have given me this medicine seven months before he did; in the meantime I almost died from lack of sleep, I fell asleep behind the wheel 3 times and almost lost my job from making mistakes and sleeping not to forget that my job is dangerous ( oil refinery) and I told him that. the problem I have is that this general doctor responded to my e-mail when asking for help " lunesta did not work but unfortunately there are not too many choices for you" I still have that message.
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    If a contractor takes 10 weeks to finish a residential front porch, but never finishes the job and only does about 40% of the job, how should he get paid. There is no written contract in place, just an emailed agreed to price. Turns out he is not licensed or bonded as well. We are being encouraged not to pay him at all by our general contractor (who was not very involved in this) and to pay off the concrete guys debts owed to the GC and the cost of finishing the job. help!
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