Consumer Protection Law

Consumer protection law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

In late April 2015 I had a visit from a Charlotte NC based…

Customer Question
In late April 2015 I...
In late April 2015 I had a visit from a Charlotte NC based merchant services salesperson to my business. This company approached me about their services. I filled out what I was told be be an application form for their services. Salesperson did comparisons with my existing service provider and went onto say how much I would save by signing up with them. Also, he stated that my average monthly bill would be approx. $ 35, service would be month-to-month and equipment would be included at no extra charge. The application included 2 signatures and initials. I did not get a copy and did not ask for one as this only an application. A week later the terminal/pin pad arrived, the company called and I was approved and then processing with them. Six weeks later I receive in the mail a 6-page document from a NYC based leasing firm detailing a " non-cancellable lease agreement " for 48 month duration at $ 42/month for the terminal and pin pad ( cost somewhere around $ 250 to 300 for both ).
I immediately called the leasing firm to query and to state that I had not only never signed any such paperwork with their company and in addition the filled in boxes of information ( by hand ) showed at least 2 different handwritings proving that this was not the original paperwork. In addition some of the filled in boxes contained information contrary to what I volunteered to the salesperson.
This document forms the core basis of my contention - that it's basis is in FRAUD and DECEPTION, or bait and switch. I explained to the person on the phone that if an original document is rewritten I must see the rewrite and either approve or disapprove it , meaning it needs to be re- signed ( or not ) by me in order to be valid. I don't know what they're writing into the rewrite and one cannot lawfully just cut and paste my former signature into the unauthorized new document. They maintained that my signature appears on the form, that is all they're concerned with.
I also called the merchant service company in Charlotte to query and point out the obvious rewrite and the sales agent adnitted to it ! And went onto say that they did not change anything critical !?? or something to that effect. I then proceeded to close my business bank account as by then the leasing company had drafted 2 unauthorized " lease " payments and in addition the merchnat service company was charging a transaction fee/percantage much higher than that promised. I've since reported the
the leasing company's actions to the ATTORNEY GENERAL's offices of NC and NY to no avail. On the response to AG's office of NY the leasing company they brought forth another new document yet with one more signature - the merchant service co. stated in their response that all initial paperwork requires 2 signatures and 5 initials, so where did they get this 3rd signature from ? I should also point out that the state of NY won a case against this leasing company in 2011 the basis being illegal drafting of money by the leasing company from multiple small business owners bank accounts. Furthermore, there are hundreds of personal accounts on the internet detailing the same predicament as mine from other victims.
In the past few weeks the leasing company has mailed two letters demanding full payment of the lease ( approx. $ 2,300 ) or they will take me to court. I've consulted with several attorneys and their recommendation is for them to contact the leasing company';s attorney and offer to settle the situation with a figure below that given above.
Another option I've entertained is based on account of what some individuals did in the same predicament with that leasing company - when they serve you write your own " countersuit ", have it notarized, send it to the NYC court, a copy to the leasing company, and you keep one. You must specify all hearings to be held by phone. When the trial ( phone trial ) begins the judge will ask you " what you want to do " and you say " I want this case dismissed ". This is followed up with a written motion for dismissal along with a motion to contest their motion for judgement. If this is all done properly, the case will be dismissed without prejudice on your next phone call/trial.
So my question is what would be your recommendation for me to do at this point ?
Submitted: 2 years ago.Category: Consumer Protection Law
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 18 minutes by:
2/19/2016
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 124,441
Experience: Attorney experienced in commercial litigation.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You have three options. First, if you can file suit against the company directly, you do not have to wait for them to sue you and then countersue. It is always best to be on the offensive and with the prior findings from the NY AG, you have a strong case for unfair and deceptive practices and breach of contract (fraud/misrepresentation). Second, you wait and let them sue, then countersue, which puts you really on the defensive. The option the attorney suggested to you is a good suggestion as well, to offer them $1000 or less and if you can get out of this without running back and forth to court and it is an economical decision you can make regarding settling the case.
Ask Your Own Consumer Protection Law Question
Was this answer helpful?
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 124,441
124,441 Satisfied Customers
Experience: Attorney experienced in commercial litigation.

Law Educator, 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

6,930 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

1,587 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 my pickup truck at Aamco for another transmission
i have my pickup truck at Aamco for another transmission problem. Sixth time in 11 months since I paid $2700 for a rebuilt tranny and it keeps going back again. This time they say they don't know what's wrong. Puzzles them. But for $1200 more they can fix it and give me 3yr warranty. I said I haven't any money and I do have a 3yr warranty already. I have hardly used my truck in 11 months. Six rebuilt transmissions and still no run. Should not they give me my money back? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,365 satisfied customers
I think I have been taken advantage of although it has taken
I think I have been taken advantage of although it has taken 2 years for me to realize it. I signed a contract that I thought I understood and did realize the 28.89% interest was extreme. I felt it wa… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,113 satisfied customers
Law Educator Only Thank you for your patience in taking the
Law Educator OnlyGood DayThank you for your patience in taking the time to respond to my issues. I would like to address the information we have discussed previously. Is there any way I can do it in a… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
124,441 satisfied customers
My husband bought a service truck from a dealership in North
My husband bought a service truck from a dealership in North Carolina. He saw it listed on Ebay. We live in Georgia. We have had nothing but trouble out of it, things that should not be happening with… read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
897 satisfied customers
I purchased a car last week. The dealer arranged the
I purchased a car last week. The dealer arranged the financing, and I signed all the papers and drove the car home. I've been driving it for a week. They paid off my old loan for my trade in. Today th… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,365 satisfied customers
Hotel sent copy of my receipt that had personal information
Hotel sent copy of my receipt that had personal information (name, address, date I stayed) to someone that called in without my consent. What are my legal rights for damages for public disclosure of p… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,365 satisfied customers
I purchased a 2008 Ford truck for $19,600 and drove it 4
I purchased a 2008 Ford truck for $19,600 and drove it 4 days and would not run any more since then the warranty covered a new timing chain for it and only to find out that because of the timing chain… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,365 satisfied customers
Is it legal that an employee(Cashier) to speak their native
Is it legal that an employee(Cashier) to speak their native language to another employee of the same nationality in the presence of a customer while paying for thier items at the cash register? … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I was the plaintiff in a small claims court case 18 months
I was the plaintiff in a small claims court case 18 months ago, in upstate New York. I live in a town of about 10 thousand. The area is economically depressed. Brought small claims court case against … read more
Thelawman2
Thelawman2
Doctoral Degree
1,365 satisfied customers
I hope I'm asking the right type of lawyer. I stayed at a
Hello, I hope I'm asking the right type of lawyer. I stayed at a hotel about a week ago and when we left we forgot an envelope with a month worth of receipts inside. An hour later we called for it, it… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,113 satisfied customers
I droped off my boat to get some scratches repaired on the
I droped off my boat to get some scratches repaired on the bottom of the hull on April 14th. We came to a agreement of $700.00 for the repair and I would be able to pick up the boat in 10 days. I told… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,344 satisfied customers
In Pennsylvania I sold a car the buyer forced me to lie on
In Pennsylvania I sold a car the buyer forced me to lie on the title transfer what kind of trouble can I get in,or what can I do?… read more
Lori
Lori
Juris Doctor
1,375 satisfied customers
I have a consumer legal question regarding a used car
I have a consumer legal question regarding a used car purchase from a dealership … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have attended the Trump University course and did not
Second opinion] I have attended the Trump University course and did not realize that there was a Class Act settlement May of last year 2017 that I failed to enroll into but now the settlement is compl… read more
Barrister
Barrister
Lawyer
Doctoral Degree
1,607 satisfied customers
I would like to file a complaint with sweepstakes/lottery
I would like to file a complaint with sweepstakes/lottery prizes that I won and was given their bank information to deposit money in it … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
Bought a car on Feb9 from Nissan, 2008 Camry, and the high
Bought a car on Feb9 from ***** ***** Nissan, 2008 Camry, and the high oil consumption recall from Toyota ended Feb 5. It consumes over a quart of oil a week and we just had Toyota diagnose the proble… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
124,441 satisfied customers
I recently hired a plumber who applied for a plumber's
I recently hired a plumber who applied for a plumber's permit. He then noticed me that the DOB would not issue unless he also had an electrician pulled a permit to disconnect a existing water heater. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
6,930 satisfied customers
Purchased a Honda CR-V (2004) from a small dealer here in
Hi purchased a Honda CR-V (2004) from a small dealer here in Houston. I bought it on May 6th. I paid cash and signed an "as-is" agreement. I also signed an arbitration agreement. The day before yester… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
6,930 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