Consumer Legal Questions

This is a medical question and not a legal question. however, I think that you will find that your daughter is perfectly okay. Just because a drug has an expiration date on it, it doesn't mean that it becomes poison after that date. That is only the date that the manufacturer recommends that you use the drug by.... Read More

If it is a 2014 model, then you could not have thought it was new in 2015.  However, if the odometer said zero, then that is a crime.  Call the DA in your county.  Ask for the consumer fraud division.  Given it is a year later, it is hard to prove that value was reduced by collision in 2014, and not your usage.  Thus, a civil remedy is less likely.... Read More

This could be a Fla. Stat. 501.201 problem but you will have to prove that the CE light would have popped on for a transmisson fault and most dont and that the CE light was present and on when you purchased it, as the dealer may lie. This simply may not be a cost effective case to pursue as a lawsuit and I suspect the dealer wont volntarily give you the money back. YOu might want to consider hirng a lawyer to send a demand letter and see if the dealer makes some accomodation but thats a judgment call. ... Read More

Just because the case was "tossed out" for the way you named the defendant does not mean that the case is over. The judge could have dismissed your complaint, and not the case. More detail as to what was filed and the order from the court is needed to determine what your next step should be. For instance, you may be able to amend your complaint to add additional parties or substitute defendants. If that is the case, then you would not have to pay an additional filing fee. Be mindful, however, the court may have given you only a short time to refile (10 through 30 days in some cases).  And the threat from the other attorney that he will seek fees and costs may be a hollow threat. Typically, in Florida, a party is only entitled to attorney's fees by contract or statute, and they must be the prevailing party before they are entitled to get the fees. Being the prevailing party can be difficult to ascertain in some cases as we do not have a "loser-pays" system. This is how big companies protect themselves from wrongdoing. They try to price injured parties out of court. Don't just throw the towel in and walk away from your case because the opposing lawyer threatened to counter-sue you. That lawyer is doing his job trying to protect his client's interest. That does mean the attorney or the company is right. The company took your hard-earned money, they failed to provide you the service they should have, and you have been injured as a result. You may be entitled to damages. At least you should have your day in court.  ... Read More