Consumer Protection Law

Consumer protection law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

Purchased a car from a big online company in November. Car…

Customer Question
Purchased a car from a...
Purchased a car from a big online company in November. Car was financed by a local bank and I received the car 10 days after purchase. I have been waiting on the dealership to send the title to the bank as my state (New Mexico) retains the title and requires it for registration. The dealership says the title is lost but several folks on their social media are complaining about the same issue. I paid six figures for this car and I am afraid that I will never be able to register it. I have called and emailed with no success. They won’t answer the phone nor will they respond to emails. I can’t drive the car as the manufacturer won’t service cars that are not registered to the owner. I am also out of date on my temp tags since December! Please help me with an appropriate approach from a legal stand point. I want to find an attorney to help me. The dealership is in Texas and I am in New Mexico.
Submitted: 4 months ago.Category: Consumer Protection Law
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 3 minutes by:
3/20/2018
Consumer Protection Lawyer: RayAnswers, Lawyer replied 4 months ago
RayAnswers
RayAnswers, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 48,823
Experience: 30 years as Texas lawyer representing consumers
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Ask Your Own Consumer Protection Law Question
Consumer Protection Lawyer: RayAnswers, Lawyer replied 4 months ago

File complaint here

We investigate complaints against vehicle dealers licensed to sell vehicles in Texas. You can file a complaint whether you are a consumer or a vehicle dealer. For additional information or assistance with enforcement actions, call us at(###) ###-####or(###) ###-####

TXDMV.GOV - Contact - Texas Department of Motor Vehicles

https://www.txdmv.gov/contact-us

Another one here

https://www.texasattorneygeneral.gov/cpd/file-a-consumer-complaint

Lawyer to sue here for deceptive trade practices

Contact us by phone:(###) ###-####(Toll Free), Monday - Friday, CST, 8:30 a.m. to 4:30 p.m. The call-in service is closed on legal holidays.

Here is the Primer in a Nutshell: (Too many euphemisms?)

  1. Have to be a Consumer: Have to buy or lease something. Can be goods, materials or services.
  2. Proper Defendant: Someone who sold or leased goods, materials or services.
  3. Defendant Committed DTPA Violation: This can include any one of the 24 subparts of Section 17.46(b) or anyone of the numerous "Tie In" Statutes. However, here are the most common violations and most probably the ones affecting you: Representing the characteristics or qualities of the good or service to be one thing when they were of another.
  4. The misrepresentation or violation of the DTPA causes injury or damage to you.

That's it. That is the DTPA in a Nutshell. Naturally, it get's way more complicated than that but that is what every case starts with if you drill down to the basics.

There are some SPECIAL aspects of the DTPA such as:

  • You get attorneys' fees. No matter how big or small your claim is, the DTPA doesn't just "allow" attorneys' fees. It AWARDS them if a violation occurs.
  • You can get ADDITIONAL DAMAGES. These are extra damages that can be awarded if the Defendant commits a DTPA Violation "KNOWINGLY". And Knowingly means what it sounds like it means. That the Defendant was aware they were making a misrepresentation when they made it.
  • TREBLE DAMAGES. This is one of the most misunderstood parts of the DTPA even for lawyers. First, Treble Damages or three times the award or Additional Damages are not automatic. The jury or fact finder CAN award UP TO Three Times the actual damages. Or they can award nothing. Zero. Not one dime. It is optional and in no way is it definite, sure or certain. In addition, the TREBLE part is the LIMIT of what you can recover. It means that you can get a TOTAL award of THREE (3) times your actual damages. Or your actual damages plus twice again that amount. Example: If you win $10,000 in actual damages, you can recover ADDITIONAL DAMAGES of $20,000 or a TOTAL award of $30,000.
  • TREBLE DAMAGES or ADDITIONAL DAMAGES do not include court costs or attorneys' fees.
  • ADDITIONAL DAMAGES allow evidence of mental anguish after a KNOWING violation. Conversely, there are no MENTAL ANGUISH damges, inconvenience damages or damages because you went through a hell of a lot of trouble at the ACTUAL damages phase. You only get to present evidence of these injuries if the jury finds the Defendant committed a DTPA violation KNOWINGLY.

Thee are very lucrative suits, treble damages plus legal fees.

I appreciate the chance to help you tonight, sorry this happened.

I appreciate the chance to help you tonight.Thanks

If you can positive rate5 stars at top of page it is much appreciated.

Ask Your Own Consumer Protection Law Question
Customer reply replied 4 months ago
I have looked into contacting the attorney general but I feel like hiring my own attorney would be a much faster way to achieve results. Does the situation sound like it is potentially a fraud claim of some sort? If not what exactly am I looking at as far as attorneys go? Should I be seeking an attorney in Texas or NEw Mexico?
Consumer Protection Lawyer: RayAnswers, Lawyer replied 4 months ago

Texas you have to sue them there.Also Texas has real good deceptive trade practices law with treble damages.I would try them all here, I mean AG doesn't cost anything.Heat these guys up your title may appear.Fraud here is another cause of action that may come into play.

Thanks again.

Ask Your Own Consumer Protection Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a consumer protection lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 48,823
48,823 Satisfied Customers
Experience: 30 years as Texas lawyer representing consumers

RayAnswers 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

7,125 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,436 satisfied customers

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

Barrister

Barrister

Lawyer

1,679 satisfied customers

Attorney,17 years experience in consumer protection areas

P. Simmons

P. Simmons

Lawyer

1,227 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

604 satisfied customers

Licensed Texas General Practice Attorney

RobertJDFL

RobertJDFL

Lawyer

517 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Consumer Protection Law Questions
I bought a car or should I say tried to buy a car from a
I bought a car or should I say tried to buy a car from a dealer and the loan was denied to do some discrepancies on the application. They want me to come back in and fill out a new loan application to… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,232 satisfied customers
If a car lot just disappears and a bank and other note
if a car lot just disappears and a bank and other note handlers start wanting money should I get some type of legal form saying they have the rights to the vehicle? I have had this truck over a year a… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,465 satisfied customers
Dealership did not send lien pay off check but included the
My name is***** did not send lien pay off check but included the car as a trade-in and the difference of the balance owed on the old car on the new purchase. Dealership is having problems finding some… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,465 satisfied customers
I bought a new car, by way of an auto loan, on July 31st
I bought a new car, by way of an auto loan , on July 31st this year. I traded in another vehicle and they were supposed to have transferred the tags over. I've called PENNDOT today and they have not r… read more
Dimitry Esquire
Dimitry Esquire
Attorney at Law
Doctoral Degree
113 satisfied customers
I apologize now long story. This is all taking place
I apologize now long story. This is all taking place in the State of Florida, Broward County. I financed a car through a dealership where they showed me a clean title and then after 2 weeks lied to me… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I PURCHASED A VEHICLE IN THE STATE OF WASHINGTON BECAUSE I
I PURCHASED A VEHICLE IN THE STATE OF WASHINGTON BECAUSE I NEEDED A TRUCK FOR MY UP COMING PERMANENT CHANGE OF STATION TO TEXAS. I AM IN THE MILITARY AND INFORMED BOTH THE DEALERSHIP AND FINANCE COMPA… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,125 satisfied customers
I purchased a vehicle through a major car dealership in April
I purchased a vehicle through a major car dealership in April 19,2012. I payed half cash and the dealership finanaced the other half. 4 days later the vehicle was repossessed by a towing company that … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Bought a used car from a dealership and financed thru the finance
Bought a used car from a dealership and financed thru the finance company they recommended. Its been thirty days and my title has not arrived. My temporary tag has expired. Can't get the car registere… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
Just bought a mororcycle on November 1, it is now December
Just bought a mororcycle on November 1, it is now December 2, I still do not have the title, the 30 day tag has expired so now I cannot drive the motorcycle because I cannot get another temp tag becau… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I talked to the saleman about getting my money back. He told
I talked to the saleman about getting my money back. He told me to wait until November 30th and the previous owner who traded this car (the car I bought) in on a new SUV will bring the title in. He wa… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I purchased a vehicle from a dealership in November 2010.
I purchased a vehicle from a dealership in November 2010. In the beginning there was some issues with the title and I couldn't purchase the car tag. After going back and forth between the DMV and the … read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
I purchased a new vehicle from a large reputable dealership,
I purchased a new vehicle from a large reputable dealership, and traded my used car in on the purchase price. I did this on 10/31/10. Yesterday, 12/2/10 a representative called me from my old finance … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,461 satisfied customers
Nj auto dealership has not put through for registration because
Nj auto dealership has not put through for registration because of a $200 cash balance due them.Purchase(trade in) was June 2009 While traveling 9/13/10 pulled over St Trooper Car impounded Never been… read more
RGMacEsq
RGMacEsq
Lawyer
Doctoral Degree
604 satisfied customers
One week ago I purchased a 2005 Mini Cooper through a local
One week ago I purchased a 2005 Mini Cooper through a local dealership w/ 70,000 miles, signed contract, was given a temp tag, registration and keys to the car. I left thinking I had just purchased a … read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
I purchased a new 2009 Honda Accord from a Honda a dealership
I purchased a new 2009 Honda Accord from a Honda a dealership located in New Jersey. I deposited $2,000.00 (cash) as a down payment for the car. The down payment was accepted by my salesman and writte… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
My boyfriend purchased a truck at a used car lot in West Palmb
My boyfriend purchased a truck at a used car lot in West Palmb Beach, Florida, on April 22, 2008. After three months of temporary tags, the sales rep kept promising registration, title and tags. At on… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
purchased a vehicle 06/28/08, I am on my third set of temporary
purchased a vehicle 06/28/08, I am on my third set of temporary tags. Per the dealership they will not Regis? the vehicle due to i have not finish paying on the down payment of $1400.00. So per the fi… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,125 satisfied customers
I bought a car at the end of January, when the previous ...
I bought a car at the end of January, when the previous owner sold the car to the dealer they made a mistake with the milage. When we bought it it had 72000 and they stated 90000, needless to say we h… read more
Anne_C
Anne_C
Attorney
Doctoral Degree
13 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