Consumer Protection Law

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Dispute Resolution Questions

Dispute resolution is the process of resolving a dispute between parties. Usually, businesses have dispute resolutions written in contracts to attempt to solve issues without the need of court. Below are just a few dispute resolution questions that have been answered by Experts.

What can I do if ISP, Phone Co is not following through with dispute resolution process request, nor are they addressing serious security threats and breaches to my business accounts and personal information ? What are my rights?

If the company isn't complying with the contract, you can sue them for breach of contract. Check over the contract and see if there is any mention of an arbitration clause which determines that any disputes must be arbitrated. If there is no mention of arbitration, you will have to file a lawsuit against ISP for breach of contract, seek damages or end the contract. If you have an arbitration clause in the contract, you will have to follow the guidelines of the contract.

I bought a brand new motorcycle and the bike only lasted 5 months. I have a one year warranty and the owner of the shop says it is my fault. What can I do?

If the bike is still under warranty you have a right to the repairs that can be covered by the warranty. If the bike has a manufacturer's warranty, you can take the bike to any dealer and have the warranty repairs made. Another option is to contact the state Attorney general's Consumer Protection Unit. This agency will have people who work in resolution services and they will settle the issue with the warranty claim.

I'm curious if I have probable cause for a lawsuit against a computer game company. It's a paid service, and my support calls are being ignored. My services were banned, and suspended, and they're not notifying me why. Can I sue? I live in MN.

This will depend on the language of the contract. If they broke the contract, you would have a reason to sue. However, many of the gaming companies provide a contract that has a clause that allows them to terminate an account. In the event that you sued the company, you would probably only be entitled to the cost of the service. You would have to file in small claims court where the company is located.

If the contract is covered by MN law, you have up to six years to sue the company for breach of contract. You need to look at the bottom of the contract and read the dispute resolution procedures. You will have to abide by these procedures before attempting to sue the company in small claims. If you can't settle the matter by using the dispute resolution, you will have to sue them in small claims court where they are located and this must be done in person.

We bought a Winnebago Itasca Motor Home in 8/09. From the very beginning the chassis battery will not stay charged. We have had the Motor Home in for this service 8 times and it will still not stay charged. Do we fall under the Lemon Law? We live in NM.

In order to file a claim under the New Mexico Lemon Law, you would need to file within 18 months of the date the motor home was delivered to you from the manufacturer. There are two exceptions to this deadline.

1. If you (the consumer) agreed to an informal dispute resolution with the manufacturer. This would make the deadline would be 90 days after a final decision is made by the arbitration panel.

2. If the manufacturer deceives the consumer in holding off on any legal action by making empty promises to the consumer about resolving the issue.

It is possible that you would fall under #2 and you may have a case. You need to speak with a consumer protection attorney without delay.

If you have questions or issues regarding dispute resolutions, don't hesitate to ask an Expert in consumer protection law to evaluate the particulars of your case and provide legal insights and opinion.
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