Consumer Protection Law

Consumer Protection Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Consumer Protection Law
This answer was rated:

For Tina, I have a questions under Consumer Protection Law

....
For Tina, I have a questions under Consumer Protection Law .
Ask Your Own Consumer Protection Law Question
Answered in 3 minutes by:
5/16/2013
Tina
Tina, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33,167
Experience: 17 years legal experience including consumer protection law.
Verified
Hello again. It looks like you were able to navigate to my profile page. Great!

Is this the question you would like me to address here?

Hi Tina,

I did find your answer helpful and have something to assist with.

I had a service company work on my boat. The job was for a set price in which there was some additional added. However, when it took a good two weeks longer than should have because of several mistakes they made. When I got the bill it includes all of the time they spent to fix their own mistakes (and then some). They also never finished as they at the end tried to say I'd have to pay them to correct a leak which was on a part they supplied.

They did mention that they'd like to "talk" about the bill but after doubling the original quote and the additional expenses and cost this has caused, I don't care to "talk" after such a bad experience. I thought about emailing this:


"This email is to state my total dissatisfaction with the services performed by COMPANY as well as the inability of COMPANY to complete the work to the boat.

The work performed did not conform to the standards of the trade and in fact, contained numerous defects in materials and/or workmanship. Many representations were false including but not limited to the duration of the work, expertise of the work, completion of the work, cost of the work (not sure if I should say this), parts that needed to be replaced, parts provided to be replaced, expenses incurred while COMPANY attempted to fix their own mistakes and damages (not sure if I should say this here), etc. I relied on many of these representations in deciding to have COMPANY service the boat.

COMPANY is supposed to be the expert, you gave me a quote, and you are contractually bound to perform the repairs pursuant to the quote which was not done. I had to have the job completed, I am still in the process of getting the job completed, and continue to suffer further issues and damages as result of the work continue to arise and/or are discovered due to the gross negligence of COMPANY.

I would like to resolve this amicably, but if you are not willing to accept payment in accordance with your quote which is more than reasonable considering the issues and damages I have and continue to suffer, I will be forced to file suit. I will be filing this claim not only as a breach of contract case, but also as deceptive trade practice action, which will entitle me not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages."


Do you think that is okay to do? Would you suggest adding anything else or taking parts out of the email?

Thanks!
Ask Your Own Consumer Protection Law Question
Customer reply replied 4 years ago
Yes that is the question!
Wonderful, I am reviewing it now and will post a response to you here shortly. Thank you for your patience.
Ask Your Own Consumer Protection Law Question
Hello again, Mike.

This communication looks good for the most part. With regard to this paragraph:

The work performed did not conform to the standards of the trade and in fact, contained numerous defects in materials and/or workmanship. Many representations were false including but not limited to the duration of the work, expertise of the work, completion of the work, cost of the work (not sure if I should say this), parts that needed to be replaced, parts provided to be replaced, expenses incurred while COMPANY attempted to fix their own mistakes and damages (not sure if I should say this here), etc. I relied on many of these representations in deciding to have COMPANY service the boat.

I would delete the portion referring to expenses incurred with company attempted to fix their own mistakes as this does not appear to be a misrepresentation but incompetence. I would include this phrase in the next paragraph where you refer to your damages.

Otherwise, it looks good and I would send it by certified mail so you have proof it was received. You could file a complaint with the BBB as well as disputes can often be resolved through that process.

I would also suggest that you may not owe even the amount of the estimate since they did not complete the job as agreed. Normally, they would be entitled to the agreed price less the amount you must pay someone else to complete the work (unless they did perform some additional work beyond that which you originally agreed).

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina
Tina, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33,167
Experience: 17 years legal experience including consumer protection law.
Verified
Tina and 87 other Consumer Protection Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago
What is your thought on adding this to the end of the letter:

Statements made in this correspondence are made as offers to compromise and are therefore inadmissible in court pursuant to Maryland Rules of Evidence, Rule 5-408
Hello again, Mike. That is unnecessary since you do make an offer to resolve the matter in the body of the letter so an attorney would normally know it is not admissible, but I can't think of a good reason not to include it.
Ask Your Own Consumer Protection Law Question
Ask Tina Your Own Question
Tina
Tina
Tina, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33,167
33,167 Satisfied Customers
Experience: 17 years legal experience including consumer protection law.

Tina is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

6,930 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,422 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,607 satisfied customers

Attorney,17 years experience in consumer protection areas

Tina

Tina

Lawyer

33,167 satisfied customers

17 years legal experience including consumer protection law.

P. Simmons

P. Simmons

Lawyer

1,184 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

582 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Consumer Protection Law Questions
I have to file a notice of dispute with an online video game
I have to file a notice of dispute with an online video game I play. The game has been VERY expensive and their rules have been subverted by other members, resulting in the release of my families name… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,303 satisfied customers
Is there legal ramification for a legitimate company (a
Is there legal ramification for a legitimate company (a large one) that will not stop relentless email spamming without an unsubscribe button or means to get off the spam list? I've asked 5-6x and the… read more
Lori
Lori
Juris Doctor
318 satisfied customers
I have been looking for the same information about the
HI , I have been looking for the same information about the united/DTC INS PREM that my father has on his bank statement and can not find any thing about … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My name victor Assouline I was charged $ 50.90 and $2 on the
My name victor Assouline I was charged $ 50.90 and $2 on the 12/27/2017 for a ride I never did . I was all this at the hospital where my wife was having chimio … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have been contacted by American dream sweepstake that I've
I have been contacted by American dream sweepstake that I've won 1.3 million dollars. How do I find one … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Could you answer or send me websites which answers this: we
Could you answer or send me websites which answers this: we are arranging a private 10 day packaged tour as a group of 15 people, with a travel-tour company. Our group leader collects money and then p… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
A mechanic determined my transmission needed replaced in my
A mechanic determined my transmission needed replaced in my 97 Ford F-150. He said he couls find me a used one or a remanufactured one. I told him to find a used one. He did and it was no good, the an… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,704 satisfied customers
In the state of WA, can a social worker share medication and
In the state of WA, can a social worker share medication and diagnosis information with any family member? This includes any treatments for a doctor managed pain condition while pregnant? … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,723 satisfied customers
I graduated from ITT-Tech with an associates degree about 2
Hello, I graduated from ITT-Tech with an associates degree about 2 years ago. They assured me that I could transfer my credits to UTD but that was not true. I tried transferring my credits even to a c… read more
Thelawman2
Thelawman2
Doctoral Degree
1,299 satisfied customers
Back in November I received a confirmation email from eBay
Back in November I received a confirmation email from eBay regarding a camera for $3097.99 that was purchased from eBay and that it was on the way to me. I immediately replied to that email stating th… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
In Nov 2017 I filed a complaint with the calsb against a
In Nov 2017 I filed a complaint with the calsb against a contractor that I had retained in Jan 2017 to build me a garden room, approx 180 sq ft that was supposed to be completed by July 2017. We enter… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
I was served regarding credit card debt a couple of weeks
I was served regarding credit card debt a couple of weeks ago. The statute of limitations on this debt is up Nov. 2018. The court date is Dec. 2018. How do I respond to the summons?… read more
RGMacEsq
RGMacEsq
Lawyer
Doctoral Degree
582 satisfied customers
In a NYS Supreme Court instant foreclosure matter the
Second opinion] In a NYS Supreme Court instant foreclosure matter the plaintiff claims in their complaint to be in compliance with RPAPL 1304. However, the name of the servicer/insurance carrier is to… read more
Damien Bosco
Damien Bosco
3,395 satisfied customers
I just found a hard credit inquiry from a hospital on a day
Hi! I just found a hard credit inquiry from a hospital on a day my 13 yr old son had an xray (which was 100% covered by insurance and was known to be covered). I am quite perplexed at how a hospital c… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,972 satisfied customers
In Arizona do auto service facilities require that customers
In Arizona do auto service facilities require that customers must see or inspect parts that have been replaced? I know, 1st hand, that this is the law in many other states … read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
Are you familiar with TN Consumer Law? The complaint is
The complaint is against an Auto Dealer and, yes, they are fully aware and even lawyered up due to a complaint I filed with Consumer Insurance and Titles. … read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
I was rear ended by a suburban 12-14-17. Pushed into car in
I was rear ended by a suburban 12-14-17. Pushed into car in front of me. 1-16 my car was totaled. I have lost week of work, parents killed in car accident has been brought back to mind, worried about … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
I am a auto shop in the state of PA I have a customer that
I am a auto shop in the state of PA I have a customer that owes money on his truck repair. I said that he can not have the truck until the bill is paid. he called the police and they said I need to al… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x