Consumer Protection Law

Consumer Protection Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Consumer Protection Law

I work in the Music Industry in Orange County, California. I

Customer Question
hired a women to assist...
I work in the Music Industry in Orange County, California. I hired a women to assist with making a reality show with one of my young musicians. I make every contractor sign an agreement or at least acknowledge by email that they will never approach my client with the intent to self profit or take funds of any kind from my clients. One of the producers from the reality show we hired decided to contact my client directly sell my client the idea of a web series. My client was under the impression that I approved the deal and handed the women a deposit of $5,000. My client got ahold of me with in an hour or two of handing the check to this women. We called the bank to put a stop payment on check but was unable to reach anyone. Once we reached the women who has my clients check we asked her to return the check and not to cash it. I wrote her a email that stated client was canceling transaction and I called her on the phone to explain the issue. Women's response was " I am not refunding any money because I spent the money on my rent" . What is the rule on protecting the consumer against fraud offers or refunds?
Submitted: 2 years ago.Category: Consumer Protection Law
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 3 hours by:
9/5/2015
Consumer Protection Lawyer: CalAttorney2, Lawyer replied 2 years ago
CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10,244
Experience: I am a civil litigation attorney representing individuals and businesses.
Verified

Your client can still put a stop payment on the check (if the check bounces, it will then be this woman's problem).

You can sue this woman for breach of contract. The damages would include both the return of your client's money (if the check goes through), plus the cost of placing the stop payment, plus any additional damages "proximately related" (directly related) to her actions.

Your client may have an independent cause of action (if he wishes to pursue a claim individually), for "fraud in the inducement" - which would make any contract he entered with her "voidable" (the injured party can void or enforce the contract at their option), as fraud is an intentional tort, he would also be entitled to punitive damages.

(Given that this woman is using funds to pay rent, I would recommend exercising discretion here, as getting a judgment vs. collecting on one are two different things, you likely will collect (wage garnishments, bank levies, property liens), but it can take some time).

Fortunately, the amount is less than $10,000.00 so you can take advantage of small claims court: http://www.courts.ca.gov/selfhelp-smallclaims.htm

Ask Your Own Consumer Protection Law Question
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10,244
10,244 Satisfied Customers
Experience: I am a civil litigation attorney representing individuals and businesses.

CalAttorney2 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 bought second hand caravan from arv dealers Eden for
We bought second hand caravan from arv dealers Eden for $17,500. We were told the van was fully checked out everything was working well, and it did come with warranty. Just got back from our first tri… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,524 satisfied customers
Just got a lien form the sheriif dept from my job by way of
Just got a lien form the sheriif dept from my job by way of TX for a credit card debt that was 10-12 years old that only had a credit limit on it fro $350 now that want $1659 ,10% a week for my pay ,C… read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
How can I protect my credit if I am a consigner on a car
How can I protect my credit if I am a consigner on a car loan? My credit score has dropped due to missed payment by the other party. I do not have possession of the vehicle since I am just the consign… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
1,173 satisfied customers
My reintegration therapists made me sign a disclosure that
Hello my reintegration therapists made me sign a disclosure that he wouldn't be involved in being dragged into court nor report writing. Well he gave the other party a report lying and including a 3rd… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,524 satisfied customers
When a small claims is entered with the court for Fraud by
When a small claims is entered with the court for Fraud by Misrepresentation and I tell the magistrate that I have the documentation to prove my charge, is it not her DUTY TO HEAR my case and make the… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
I am a retail worker working in a supermarket as a cashier.
Hello, i am a retail worker working in a supermarket as a cashier. Today, I accidentally make a mistake. After telling customers their bill amount, they want to pay by card, but I accidentally pressed… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
For WiseOwl85 if he wants it: I need a suggestion as to the
For WiseOwl85 if he wants it: I need a suggestion as to the wording of a suit (motion) in civil court. Suing may not even get to court SO I need the reason for the suit to the defendant be significant… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,524 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
3,524 satisfied customers
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 was wondering if my husband and I are subject to the
I was wondering if my husband and I are subject to the equifax data breach … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 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 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 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 was in bankruptcy for about 4 months and because of all of
I was in bankruptcy for about 4 months and because of all of issues, I decided to back out of the bankruptcy proceeding about 11/10/12. Now the my car dealer said I owe 4, 000 in back payments and I n… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,524 satisfied customers
I live in Billings, MT. A year ago, I ordered flooring for
I live in Billings, MT. A year ago, I ordered flooring for my house from a local store amounting to approx. $1500. The flooring was never delivered or installed. Numerous attempts have been made to ha… read more
Andrew
Andrew
Attorney
Juris Doctorate
178 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
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

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