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:

I have been hounded by an attorney in Miami Fl. being used

as collection for 300.00 from...
I have been hounded by an attorney in Miami Fl. being used as collection for 300.00 from a doctor for a cosmetic procedure. The reason why I refuse to pay it is because the doctor told me to return to "fix" anything in two weeks from the original procedure which I paid by credit card a fee of $1,000. She did Botox and a filler on Dec.12 2010, I returned as instructed on Jan.04, 2011. She did not tell me I would be charged $300.00 until I was leaving. I did not pay because she told me it was to "fix" her first procedure. I feel it was a deliberate scam to get me to pay more. This doctor calls herself a Dermatologist but she is not an M.D. My question is: do I have the right to refuse to pay, and how do I negotiate with this attorney? Do I have to pay the interest charges?They started charging me a daily interest and my $300.00 is now up to almost $500.00! I called the attorney's office today, told them the story and would be obtaining my credit card charges. The rep said she would put my account on hold till I obtain that information. I signed an agreement to pay for services on Dec.12, but not on Jan. 04. How can I avoid the judgment and are they entitled to force me to pay interest. I have already told them in writing this account was disputed.

I have used your services before and was very pleased.
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 4 hours by:
7/24/2013
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 30,597
Experience: Lawyer
Verified
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

If the original contract that you signed when you had the procedure done called for interest on any unpaid balance, then, yes, they are allowed to charge interest. A person cannot charge interest on a debt it was never disclosed to the consumer.

When a person pays to have a service provider, the person providing the service has an obligation to do it correctly for the agreed price. That means that if they make a mistake, they have an obligation to fix it (or to pay damages if they can't). If there was something wrong with the original treatment that you got, such that it required a second visit to correct it, that would be covered under the original agreement. A person would only have to pay for any additional treatment received at later visits.

Florida has a statute specifically prohibiting unfair and deceptive trade practices. Fl. Stat., Section 501.204. If the doctor is in the habit of suggesting that certain services are covered under an original contract, inducing people to return for follow-up treatments, and then charging them, that could be seen as unfair and deceptive.

Look at the paperwork from the original treatment. If it says that there might be a fee for follow-up visits, then they may be able to charge it as disclosed. But when they suggest or state that it would be free, and then charge for it, that's not really a fair practice. Letting them know that you may sue them for your attorneys fees and damages under the statute if they pursue you further, or that you may file a Complaint with the Attorney General's Office, may make them more willing to negotiate.

If you are able to reach an agreement with the office, that would avoid a judgment against you (if they never file a court case, or it is dismissed). The only other way to avoid a judgment is to pay, let them know that you're paying under protest (you can write that on the check) and sue for a refund. If you send them the original agreement, and evidence that your second visit was to fix issues, that may also help you show that you do not owe the $300 or the interest on it. You would still have to pay any remaining balance on the $1,000.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Ask Your Own Consumer Protection Law Question
Customer reply replied 4 years ago

Thank you very much Lucy for your informative answer. I did pay for the original treatment of $1,000. There is nothing on the original document that I would have to pay extra to "fix" her original service. Thank you for the statute on unfair and deceptive trade practices. She obviously enticed me to return and charge me extra. There is a 12% annum interest charge. What a crook that P.A is. She flaunts herself as a cosmetic dermatologist which is impossible without an M.D. I do have a question in light of your information. At what point can they charge me interest, and can they do this when I have informed them in writing that the account is disputed. In the agreement it says 45 days after date of services and that was 2 years ago. Thanks

They can only charge you interest if you agreed to it, or if they have a judgment - post-judgment interest is allowed by statute. If the agreement allows for interest to be charged after 45 days, they can start charging it. However, they are only allowed to charge interest on what you owe - if you dispute the charge and owe nothing, that's interest on $0, which is nothing.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 30,597
Experience: Lawyer
Verified
Lucy, Esq. and 87 other Consumer Protection Law Specialists are ready to help you
Ask your own question now
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 30,597
30,597 Satisfied Customers
Experience: Lawyer

Lucy, Esq. 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

6,900 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,415 satisfied customers

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

Barrister

Barrister

Lawyer

1,595 satisfied customers

Attorney,17 years experience in consumer protection areas

Tina

Tina

Lawyer

1,587 satisfied customers

17 years legal experience including consumer protection law.

P. Simmons

P. Simmons

Lawyer

1,173 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

578 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Consumer Protection Law Questions
We have a situation with our builder that needs to go to
We have a situation with our builder that needs to go to arbitration. The arbitrator that they have chosen is charging $1,000 administration fee plus $300 per hour. This is a relatively small dispute … read more
socrateaser
socrateaser
1,031 satisfied customers
I want to get out of a used car contract, because 1. they
I want to get out of a used car contract, because 1. they (dealer #2, I'll call them) didn't disclose a defect in the left front part of the car (door doesn't seal to body due to a previous accident, … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,511 satisfied customers
Not for Phillip esq., lawyer 2, Ray, infolawer,I have
Second opinion] Not for Phillip esq., lawyer 2, Ray, infolawer,I have received subpoenas regarding judgement over 10 years ago. I did not know there was judgement. I never received it before. It was w… read more
Pheobe Clark
Pheobe Clark
Attorney
JD
19 satisfied customers
I was wondering if you could tell me if there is such a
Hi, I was wondering if you could tell me if there is such a thing as not being able to cancel a contract ever? My fiancé signed a membership with a westgate resort, it wasn't a purchase of property or… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
6,900 satisfied customers
I live in Florida and I took out a short term loan in the
I live in Florida and I took out a short term loan in the amount of $800 with a tribal lender (Inbox Loans). I was in a desperate medical situation and needed money fast. No realizing (my mistake of c… read more
socrateaser
socrateaser
1,031 satisfied customers
I have a friend who was wrongly terminated by a major
I have a friend who was wrongly terminated by a major airline. What agencies can he complain to? He may not be able to beat, "city hall," as the saying goes, but he can at least report them and bring … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I bought a car at the dealership and now I realize that I
I bought a car at the dealership and now I realize that I did not receive any money for the car I traded in. They told me that I was going to get $4,000 for my other car. But when I look at my loan th… read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
Am I able to opt out of the purchase of a motorcycle if I
Am I able to opt out of the purchase of a motorcycle if I don't like the test ride and I have a form stating they would offer me a test ride for the purchasing of said motorcycle? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,451 satisfied customers
I had aBallys heath club because of school and baby i
I had aBallys heath club because of school and baby i stopped going for years. It is now lifetime fitness. i cant find my contract … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
6,900 satisfied customers
Got 80% water in gas in my car. Has been fixed twice now, I
Got 80% water in gas in my car. Has been fixed twice now, I am 66 years of age, live alone, and I am afraid to keep the car now, for fear it will leave me stranded on the road. BP is the gas company, … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,451 satisfied customers
Just had my water heater fail. It has a twelve year warranty
Just had my water heater fail. It has a twelve year warranty and Sear warranty department says that can't replace it unless I provide the receipt. I don't have that and they said their records only go… read more
Barrister
Barrister
Lawyer
Doctoral Degree
1,595 satisfied customers
How do I file a complaint about, being overcharged for my
Hi. How do I file a complaint about, being overcharged for my car repair? I think an Auto Repair shop owner overcharged deliberately! I was taken in by surprise. Jin Lee … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
6,900 satisfied customers
I want to sue Duane Reade - Inwood Manhattan location in NYC
I want to sue Duane Reade - Inwood Manhattan location in NYC small claims court. What address do I use in the NYC small claims court form?. I did look up the https://www.dos.ny.gov/corps/bus_entity_se… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,838 satisfied customers
Sold my car. Contact dealership to get refund on my unused
Sold my car. Contact dealership to get refund on my unused warranty for that sold car. Told that it will take 6 weeks to get that money back. In the meantime, I get a check from that dealership/bank. … read more
Legal Expert Justin
Legal Expert Justin
Law Degree
200 satisfied customers
WiseOwl58 I meant no disrespect to you and please do accept
Hi WiseOwl58 I meant no disrespect to you and please do accept my humble apology. I would prefer to ask more and to learn more from you.… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,511 satisfied customers
Bought a home less than six months ago only to discover the
Bought a home less than six months ago only to discover the listing agent nor the owners disclosed major problems regarding plumbing and electrical issues. … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I believe I am being scammed for payment on a supposed
I believe I am being scammed for payment on a supposed support frm you guysv that dates to JUL2015, Can … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
6,900 satisfied customers
I have a question about my taxes. Several years agoI had
I have a question about my taxes. Several years agoI had $40,000 of pre-taxed money that I invested that was stolen by people in the company I was investing it with. The thieves were charged and sent … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 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