at court, 9 am. new computer.
downloading openoffice. not very awake yet.
today could go either way.
they could dismiss the case, or put me in jail, or keep dragging it on.
there's tammy.
to do: install adaware, that other one, any good antivirus.
she says it's in compliance.get rid of the microwave, clean up that corner.
i still have to talk to the judge about the fines.
next i'll have to start to deal with the talbott house.
i'm just rambling. almost conscious. not a morning person.
it's hot. crowded room.
case was dismissed. no hearing today on fines, need to follow up by written motion.
did: trash, vacuumed dining room, set up openoffice. next: clean room, set up shelves.
mopped basement room.
dinner 6ish. potatoes, cake, something healthy, salad, drink, possible bonfire.
prepare bug committee report:
flies roaches gnats the b-word, hornets, black mold. no ant problem right now. fleas, get flea spray. does the pump bottle work for fleas? bring in toaster.
recycling committee: no news. do 2n helpings run. get fake ID for sylvia. work on kevin ID situation. find minutes card and bonus minutes.
what else at house? x clean cafe room, x move stuff from porch. x bring jigsaw. x great grate.
x look for key at 4015. x laundry? bring more clothes. think about kid, 6, look for clothes in attic. get his address.
make list on paper of stuff to do at house.
make list on paper of personal stuff to do. taxes, erato, caudill. property tax appeals, call tomorrow.
find status of talbott case.
begin motion to abate fines.
get minutes. find out how to get voicemail.
http://ivytech.edu/carsonjobfair/ 8/6. places to apply: amazon, aldi warehouse.
update resume for house.
get criminal history. was closed when i went at 4:20.
track expenses. added 150 minutes $20. electric $100. need to pay cable/internet. water ok. what else?
$40 on gas #50. toaster $3. computer $260.
so $423 subtotal.
new guy, martinez-martinez? paid $50. have a dog now. greg paid $200 this week. oil income $53.
subtotal $303.
$23 - 303 =120 net expense this week. $4 kevin.
need to get minutes for kevin.
did: partly cleaned car. visited local chickens at former state hospital with 9tales.
todo:
1) need bath,
2) change clothes.
3.) scottish rite run, ollie's.
4.) email the collective with update.
made 20 item list, did a few things.
did today:
suit dismissed so saving $140/wk.
found key.
bought toaster
partly cleaned car.
laundry.
rented basement to dog $200/mo.
brought battery but volvo wouldn't start. try other battery next.
discussed house seminars on stuff like mushrooms.
didn't: clean room.
bug report, chore wheel report, key update, trash concerns (dumpster not picked up),
in progress now: transferring files from old computer.
still need to clean room. partly cleaned car. battery is at other house.
to do:
email computer place re power cord no longer neededbe told they wouldn't fix it.
outline letters re consumer deceptive practice by best buy re shippinjg charge.
two problems: pretend to have warranty whenh warreantee is actually worthless,
because seller gets to unilaterally decide that ordinary use constitutes an accident.
this violates the duty of good faith.
factual dispute about whether there was an accident.
replevin : return of the brick.
second issue: undisclosed $35 charge for not fixing computer.
third issue: the phone call that said "come pick it up". they should have told me they were refusing to fix it.
fourth issue: it took them 1 houir 20 minutes to not give me my computer. 1/2 wait just to get told they hadn't fixed it. why freakin' waste my time? could bill them for a service call.
plan of action: draft letter to gm, manufacterer, and best buy HQ and IN AG.
draft letter to class action attorneys in indy, with copies to best buy and the jerk i talked to.
find name of best buy indy GM. home address.
to review what they did wrong:
didnt fix computer.
didnt cool of the mark.
attempted to charge undisclosed $35 fee.
dispute over $35 being the actual cost of shipping, since it was an internal thing, not returned to manufacturer.
next step: research indy deceptive consumer practices statute.
Nevertheless, the majority opinion got it right. It did what we at Pavlack Law often praise theIndiana Court of Appeals for doing – realizing that the law and common sense should rarely, if ever, be in conflict. To finish off the case, the court also found that Heather could present her claims for the Crime Victim’s Relief Act and fraud to a jury as well. Recall from our previous discussion on the Crime Victim’s Relief Act that a plaintiff can bring a civil claim for damages sustained from something that constitutes a criminal act. In this case the alleged criminal act was Deception.
The Indiana Code defines the crime of deception as occurring when “a person ‘disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment’ commits deception.” The court found that the same grounds that supported its findings on the Deceptive Consumer Sales Act could support a claim for deception. The court also held that it could support a claim for common law fraud.
All-in-all the Court of Appeals wrote a phenomenal opinion for the triumph of common sense with regard to consumer expectations. This decision helps to extend the protections for Indiana consumers and helps to protect against consumer fraud.
If you find yourself the victim of consumer fraud it is of the utmost importance that you find counsel that is experienced and knows the intricacies of the law. Though the Kesling decision is a major step in the right direction for consumer rights in Indiana, there are still very many difficulties and complexities in Indiana law regarding consumer protection.
https://iga.in.gov/legislative/laws/2015/ic/
http://www.in.gov/legislative/ic/2010/title24/ar5/ch0.5.pdf
unclear if applies.
allows clas actions.
requires notice and opportunity to cure. so work on that.
How do I check my Voice Mail from a landline phone?
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Can I turn off the Voice Mail feature?