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New York State Office of the Attorney General

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2003 Honda Accord transmission failure
Posted by Borowicz on 01/20/2005
GRAND ISLAND, NEW YORK -- As a consumer from your state, I felt it was my responsibility to bring to your attention the following incident.

In April of 2003, we purchased a brand new 2003 Honda V4 Accord. This month, December, 2005, our vehicle had 55,000 (mostly highway miles) when the transmission failed. The car is not even 2 years old! We contacted the Honda dealer and Honda headquarters. The dealer said they would rebuild one and our cost would be $1,600.00. As my husband works out of town, we needed a car so we had it fixed. Needless to say, I am most disappointed with this vehicle.

As a resolution, I would like the following:

I would like to have this matter checked into. I have never heard of a transmission failing in a vehicle LESS than 2 years old. In doing research, I found that there have been numerous problems with the V6 2003 Honda transmissions and a recall has been done. I would like to have the money I expended on the repair of this transmission returned.

Please contact me if you need more details regarding this incident.
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Posted by speedy06 on 2005-01-25:
Sorry, to read about your bad experience with Honda. I bought a new Honda Accord EX in 1990, and kept it until 2000. I had a few minor repairs, but over all this car was great. One thing I failed to mention was that my mileage was real low. When I sold the car, It only had like 70,000 miles. I pass it on the road occasionally, so it is still going strong after 15 years.
Posted by Loki72 on 2005-01-26:
Your car should fall under the warranty extension Honda has issued. I have a 1999 accord with the same problem and am trying to get it resolved. Good luck
Posted by jbsac on 2005-02-08:
Our 2003 Accord trans. just failed at 46000 miles, took it to the dealer they ran it till it warmed up and found that there was internal failure. Honda is buy a new tranny...
CONTACT your local Honda rep. and go up from there.
Posted by js on 2005-03-14:
I have just experienced the same problem blown transmission on a 2003 honda accord V6 with 54,000 miles on it. I service the transmission at 30,000 and again at 53,000. The dealer has been no help! Has anyone heard anything on how to get back at Honda?
Posted by OCeddy on 2005-07-08:
I also have a 2003 Honda Accord V6 w/Automatic. The transmission just went out at 55K miles..interesting
Posted by DARS on 2005-08-02:
Well i bought a 2005 honda accord, 18,000 miles on it and 9 months old,The transmission has gone out, and I;m in litigation. I've filed a complaint with the BBB, Contacted Honda Customer relations, and making documentation of all incidents concerning the transmission going out.
Posted by garden on 2007-03-03:
We have a 2002 Honda Accord with 58,000 miles on it and learned this week that we have to replace it. We're the original owners and Honda won't do anything. The car was only used for trips to and from work.
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Fraudulent Advertising Practices by GE Money Bank
Posted by Chuckb on 03/16/2006
RUSH, NEW YORK -- As a consumer from your state, I felt it was my responsibility to bring to your attention the following incident.

In February, 2006, I received a mailer from GE Money Bank advertising a line of credit showing sample amounts borrowed from $5,000 up to $50,000 with monthly paybacks shown at a 7.9% interest as the lowest rate available.

I have a very high FICO score, so I called the toll free number to request $25,000 with a 48-month payback. The loan consultant took my information and in approximately 10 minutes came back and told me 'Mr. Barone, I have some good news for you. I can give you $14,500 at 15.9% interest.' I was furious, as I have always qualified for the lowest available rate because of my great credit score. The consultant kept asking me if I wanted her to send the check. I vehemently told her NO at least 5 times and then asked to speak to her supervisor, who I told the same thing as well as issuing a complaint. I firmly believe that no one who applies gets the 7.9% rate. This rate is simply a 'come on' to get your information and open an account. Yesterday, I received the check that I insisted I did not want. No where on this letter or accompanying documents did it specify my interest rate. There was only mention of a 15.99% rate in the credit agreement, which substantiates my claim that no applicant gets a lower rate.

I called their 800 number immediately to have them close this 'account' and have this removed from my credit record. I was told that I could close the account, but because I 'applied' this must stay on my credit record for 24-months by law. I asked for the address of Scott Young, VP of Personal Finance for GE Money Bank, whose signature appears at the bottom of the letter thanking me for opening the account which I asked not be opened. I plan to write a very unpleasant letter to this man today.

This company is praying on people that are desperate for money. By the time an applicant receives a check, they have probably forgotten the interest rate and just cash the check(s). Their advertising information is misleading and fraudulent and their business practices are at best questionable.

As a resolution, I would like the following:

This company should not be allowed to take advantage of people with false claims of low interest rates and loan amounts that they can't deliver on.

In my opinion, GE Money Bank should be ordered to stop such fraudulent advertising and business practices. They should also be heavily fined and forced to pay restitution to those who they cheated.

Please contact me if you need more details regarding this incident.
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Posted by yoke on 2006-03-16:
Not sure, but unless you cash the check there is no agreement. Send the check back with a letter (certified)stating you never opened an account with them.
Posted by UCFirefly on 2006-05-14:
Doesn't seem too odd. I also had GE Money Bank change their terms after I had already used their card. Nice of them to change it from no payments no interest to make payments or receive interest.
Posted by IQscoresShouldBeAttachedCreditReports on 2007-02-26:
Let me guess your credit score is probably around 500 or 600 and you are $20,000 dollars in debt. That isn't good credit...

Yes, people are approved for $25,000 at 7.99%. It is all dependent upon your credit.
Posted by multifacetedmuse on 2007-07-03:
Simply because you were ineligible for the best rate, does not mean that GE is advertising falsely.

Also, if you applied for the loan (and you did) they can't expunge that from your credit report. Of course, you are welcome to close the account. However, that will show as an account applied for and closed.
Posted by Thomas75 on 2007-07-27:
Everyone is so infatuated with their FICO scores these days. WHO CARES what your FICO is? There are several other scores to evaluate an application. What are your debt ratios, what is your current credit utilization, what is your income? People don't realize that there are dozens of factors involved in approving credit, not just your score. I've seen people with FICO scores in the 700's at age 21; does that mean someone who has a part-time job while being a full time student should receive an unsecured loan for $20K? Absolutely not, just because their score is good, doesn't mean they have sufficient credit history. You didn't qualify for what you wanted, why are you so upset? I'm sick and tired of people making excuses instead of being pro-active. Surprisingly enough, I see this mostly out of the baby-boomer generation and it's being passed down to their children. Move on, pay down some existing debt, make more money, live in a less expensive home, pay off your auto loans, etc. These will help you in your quest to receive a loan. As for the inquiry, previous responses are correct, they must stay on there when you apply for credit.
Posted by Anonymous on 2007-07-27:
Stay away from credit that is my best advice!
I mean if your life revolves around a stupid credit score you have real reality problems and not much common sense, just the facts.
Posted by Tired on 2007-11-13:
We all need to stop doing business with GE Money. That way we send them a message that cheating their customers won't be tolerated! Losing money is the only way these people will listen.
Posted by Anonymous on 2007-11-13:
Tired, you have a good point there but I don’t think people will ever band together and do that. Did you know GE is very heavily invested in alterative power solution that cost a lot of money yet at this point there not enough people interested in buying them? And that GE is one of the biggest lobbyist in Washington these day and guess what they want? They want legislation to be passed into law that will make their investment worth BILLIONS. Do you think they will get it?
Posted by Lurdine on 2008-03-27:
GE Money Bank is raking me too. They input the wrong address on my new account, couldn't find the acount for three months, charged me back late fees, reported me to the credit bureaus, said they were fixing it, I paid all three back months, they took two payments and applied both to one month, the next month was marked unpaid, more late fees, I set up a direct pay, they checked the routing # and approved it then sent the bill withthe wrong routing # and canceled the direct pay charging me late fees and reporting me again. I'm still in limbo. Lurdine
Posted by bajaskier on 2008-06-25:
a.k.a. GEMB, GE Moneybank, GE Money, CareCredit, Kwik Comfort, JC Penney Credit.

The first thing to do is go to complaint board. Do a search on CareCredit, GEMB of GE Moneybank. You will notice they have a running scam.

1) Their offer is for interest free financing if the balance is paid in full after x-months, usually 24.

2) No matter if you mail in your payments, have autopay from your charge card, or direct debit from your bank account, GE will ALWAYS claim they did not receive your payment, or received your payment late. Why? Then they can add late charges! And of course, your last payment is always lost, therefore “you did not pay-off your balance in the predetermined time frame”. Then they try to collect a huge interest payment effective from the inception date.

3) You cannot contact the company via e-mail; they ignore e-mail.

4) You cannot get a response via snail mail; they ignore your letters.

5) If you are willing to sit on hold for 45-60 minutes, and punch in your account number countless times, you may be able to reach a person with a pulse. In most cases, the employee speaks/understands English, but are not overly bright.

6) Said person will claim your payment was not received, or received late.

In my case, I had electronic records of every payment. I also paid extra every month. When asked that I provide the proof, I faxed copies of the electronic transaction records as well as e-mailed same. Of course, they "never received it" despite the fact that I was holding the FAX confirmation in my hand and looking at the e-mail receipt.

If you have entered a contract with these scammers, beg, borrow or steal whatever amount of money you owe them. DO NOT PAY INTEREST OR LATE FEES (unless you actually were late). Send a CERTIFIED CHECK, RETURN RECEIPT REQUESTED FOR THE AMOUNT YOU CHARGED less any payments already made.

If you did direct debit or credit card payments, close the bank account or cancel the credit card IMMEDIATELY AFTER the check has cleared or the withdrawal is posted. They tend to post charge card debits almost immediately.

Check for class-action suits in your area; there are many going on nationwide. Save all your evidence if they come after you. However, they won't because they would lose; I am telling you from experience. I threatened them with court and was refunded all interest and late fees.

Best of luck to you!
Posted by lamett on 2008-10-03:
I too have problems with GE Money Bank changing my mailing address without my knowledge or consent. (Its considered Mail fraud when they do this as well as violation of the fair credit billing act.)
They also posted fraudulent charges to my account at the same time.
I have never received any collection calls from GE Money Bank the 7 months my account was in arrears for charges I knew nothing about - then they sold it as JUNK Debt to a collection agency and posted failure to pay on my credit reports for their mistakes.

junk debt is defined as legally unable to collect
beyond statute of limitations, Unable to validate the debt or discharged in Bankruptcy.

In my case - there is no proof I authorized the charges, so instead of removing them from my account as they should have - they sold it to the one of the worst Collection Agencies - they constantly break federal FDCPA laws.
Posted by adoryble on 2008-11-12:
G E MoneyBank Headquarters
3135 Easton Turnpike
Fairfield, CT

(203) 373-2211
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Stainsafe warranty
Posted by on 05/10/2003
As a consumer from your state, I felt it was my responsibility to bring to your attention the following incident.

Here's the problem: I purchased a sofa and also purchased the warranty for Stainsafe protection. The sofa got stained and I called immediately the customer service department to find out what to do. I was then told what product to get to clean the stain. I did this but the stain would not come out. I again called and was told they would send out a tech to professionally clean the sofa. Well this took you six months with repeated calls from me to ever get someone out here. In fact Stainsafe ended up giving me the cleaning company phone number and I had to set up the appointment myself. The tech cleaned the sofa and the stain still wouldn't come out. In fact the cleaning solution left a white ring on the sofa arm and cushions. At this point I said it was unacceptable, so they said they would replace the cushion covers. This was fine, but for one the dye lot didn't match which I understand is not covered, but it didn't solve the problem of the white ring left on the arm of the sofa from the cleaning solution from the tech they recommended.

After going back to the store where I purchased the sofa (Seamans) they told me to contact Stainsafe, which I did, and they again sent out an inspector from Stainsafe after waiting weeks to make the appointment. This inspector told me at this time that the material was defective and put this in his report to Stainsafe. This was 7 weeks ago and I have heard nothing back from them.

As a resolution, I would like the following:

To resolve the problem, I would appreciate Stainsafe honoring their warranty agreement. I want the sofa replaced immediately. No more replacing cushion covers, no more runaround. Just replace the sofa with a new non-defective one. I want to be contacted immediately about this claim and I want it resolved not put in the dead letter file any longer.

Please contact me if you need more details regarding this incident.
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Posted by Anonymous on 2003-05-21:
"I feel your pain".

I came across your problem while researching StainSafe in an effort to resolve a dispute I presently have with the company.

Perhaps this will sound familiar to you:

My wife and I recently purchased some furniture, and a 5-year StainSafe warranty.

Just less than a month after delivery, my wife discovered an ink mark on the arm of our loveseat. It would appear that the mark was made by an errant pen while she was paying bills.

I read the StainSafe warranty, found that this was covered, and identified all items StainSafe required to be reported to file a claim.

Since the contract permitted either telephone or e-mail, I opted for the latter. The day after I e-mailed my claim, I received a reply from StainSafe.

At first, I was quite happy to receive such a rapid response; however, when I opened the message, I discovered that the sender had failed to attach a claim form.

I immediately notified them of the omission, but received no further communications for several days.

After 21 days passed, I telephoned. After waiting for a substantial time on the phone, a recorded message came on to inform me that, due to the heavy volume of telephone calls, I should consider e-mail.

I went back to my computer, and sent a somewhat angry message. Soon thereafter, I received a reply, and this time, a claim form was included.

I immediately filled out the claim form and returned it in a new message.

After two days, I received a reply from StainSafe, informing me that, since I failed to file the claim within five days, pursuant to the terms of the contract, the claim was denied.

Go figure!!!!

I am presently making a final attempt to resolve the matter personally; however, my next step will be the Oklahoma Insurance Commission.

If neither of these works, well. . . .

I just happen to be a licensed attorney.

Posted by Anonymous on 2003-06-08:
re: stainsafe
I purchased the 7 yr. contract. My recliner"s vibrator and heater went bad. I contacted stainsafe 8 months ago and as of today June 8 03 have had no results. The will not answer my e-mails which I have sent over 125. Their 800 number must only have one operator because I am on hold for hours every time I call. The company needs to get a kick in the butt, they won't do any thing except the money.
Joe 505-744-5634
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Cancelled Service prior to installation with Time Warner, they wont give back my phone number
Posted by Helona on 07/18/2006
SAUGERTIES, NEW YORK -- As a consumer from your state, I felt it was my responsibility to bring to your attention the following incident.

In June I decided to try Time Warner's Triple Play package. I called for an appointment. They sent 2 guys on the appointed date (late in June).
I had stepped out my door to let my dog out & noticed a rickety white van sitting in the middle of the street with Florida license plates. It said Time Warner Contractor on the side, so I waved them over. The driver was on a phone or radio at the time. He stepped out & told me that since my house number had changed from 24 to 27 they couldnt do the job that day. Would have to reschedule. He asked if he could use my phone to call it in. As we walked inside his passenger followed. This 2nd guy didnt even have the courtesy to say hello or smile or grunt, and he was filty dirty, looked like he hadnt showered in a month!
While the driver was on my phone (by the way, he was talking on something from his truck so as we walked into my dining room I was thinking why does he need to use my phone...but oh well, we were in the house now)...the 2nd guy was looking all around my house. When I put something into my purse he looked like he was going to dive into it. He really gave me the creeps! I tried to engage him in conversation by asking where in FL they were from, etc. I got mumbled one word answers from this guy with looks that said, lady why you talkin to me. The appointment was reset for July 5,2006. but, I decided right then & there that they were not coming back into my house.
During my initial call to TWC I was told that if I had to cancel, just give them 24 hr notice. I also mentioned that I have heard good & bad about digital phone service & voiced my concerns as I do work out of my home most of the week (as a Real Estate agent) and my husband recieves his overtime calls any time of day or night. I was assured that if I didnt like the digital service it would be simple to just switch right back with just a phone call to TWC.
I called TWC on July 3rd to cancel installation. The person I spoke with never cancelled the installation so another guy showed up on July 5th. (I dont know why but he wanted to know where the main box for the security system was & also said he would have to drill a hole into the new vinyl siding to do the installation) My husband told him I cancelled the appointment & sent him on his way.
On July 6th (my birthday) I tried to call my husband at home & recieved a message 'this number is no longer in service.'
Since then I have spent countless hours on the phone. Time Warner says I have to call my phone company to have the number ported back. My company was Trinsic. They say I have to call Verizon. Verizon said I was never a customer of Verizon, nothing they can do. Over & over I called all 3 companies over the next few days, and just kept doing these circles...each one passing the buck to the next.
It was finally decided that I could get my number back (which I have had for 28 years & dont want to change for many reasons) if I became a Verizon customer. OK fine. I would have service back by July 21st, much too long for my business to be without service but my hands were tied I guess....so I agreed...as long as I didnt have to have those creepy guys from TWC back to my house
Yesterday, July 17th (thinking OK its only a few more days without a phone)...I received a call from Verizon telling me that TWC cant or wont release my number. I am now back to square one!
Karen/Verizon only suggestion was to let TWC hook up the lines. I WILL NOT HAVE THOSE CONTRACTORS BACK IN MY HOUSE & WILL NOT BE FORCED/BULLIED INTO IT! (Early in this fiasco I was told that once a cable company gets your number, they own it) What gives them this power?
Today I called TWC, spoke to Patsi/ref # 212906. I didnt even want to explain the situation to her again, asked to speak with a supervisor. (Have done this after getting no where with several other TWC employees..they put me on hold for 10-20 minutes, then each & every time came back on the line to tell me there is no supervisor available at this time, they will have to call me back). So before Patsi did anything I told her before putting me on hold make sure there was a supervisor available. She was (the 1st) very honest employee to tell me that from her position she could not connect me with a 'district' supervisor. She is setting up a conference call between me, Verizon & TWC. I am waiting to hear when this will be.
I mentioned to her that the operator who originally was supposed to cancel the service call never did & other TWC employees told me there was no record of my ever calling to cancel on July 3rd. Patsi said there IS a record....but, the operator who tried to cancel got an error message saying that it couldnt be cancelled & he did nothing to follow through. This person is to blame for this entire mess. They should have called a supervisor, or at the very least, called me back to let me know ...not just allow my telephones to be shut off!!! I have a verifcation number written down from one of the early contacts...I believe it may be the actual cancellation call...#759001.
This goof is costing me thousands of dollars by this time. It is an embarrasment to have people call & get a message that sounds as though I dont pay my bills.

As a resolution, I would like the following:

I want my phone service back with a phone company, not Time Warner Cable! I also want my same phone number as it is tied to my business as a Realtor & my husbands job, and friends and family in other states & other countries have this number.
Im sure I wont get any kind of compensation for my losses. These huge companies that bully the little guy have got to be fined when they pull things like this.
Just for my knowledge: Can someone explain to me why they hire contractors from Florida to do the work herein NY? There are plenty of guys right here in the area that would appreciate the job & give TWC a better reputation.

Please contact me if you need more details regarding this incident.
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Posted by Helona on 2006-07-22:
Patsi promised me a conference call with Verizon & TWC. Later, Mary, a "supervisor" called me back & again tried to pass the buck saying I have to call verizon as they still have my number. Oh brother....
...when I insisted on the conference call...she cant dial them because TWC is not a Verizon customer. I cant dial them from my cell phone as that is not thru Verizon either...tried to call from my daughter's land line...oops not Verizon either. Now if I can just hunt down a verizon customer who will let me spend hours on their phone arguing with these people, I may get somewhere! What a bunch of crap!!!
Posted by beanbagbritches on 2006-07-24:
First of all, TWC can't do a thing if you want to cancel the phone service because it is up to your NEW carrier to contact TWC. TWC is obligated to release the number to the new carrier. Make sure your new company definitely contacted TWC & find out with whom they spoke, etc..

Keep in mind that the department that handles Digital Phone is not the department you call into. The Digital Phone group doesn't deal with customers directly. The rep you're speaking with can contact that group & find out what's going on.

Next, if you had a problem with the original techs, pls report it to someone at TWC. They will send a note to the contractors' supervisor so s/he can look into the situation.

Finally, if you're working out of your home, you probably should have had more than 1 working phone line. In TWC's digital phone disclaimer, you are told that if you cancel the appointment within 3 days of the appointment, that you may suffer loss of telephone service. TWC covered their butt, now it's up to you to work with your new carrier & get your phone number ported over.
Posted by engelbach on 2006-08-03:
beanbagbritches' assurance that Time Warner "covered their butt" and that they would act on a complaint about the contractor is touching. What street do you live on in cloud-cuckoo-land, beanbag? Perhaps you've never tried to deal with Time Warner. Or maybe your scolding Helona for not having more than one phone line (really!) tells us where you're coming from. Spare us your incredibly insensitive advice and go collect your payoff from TW.
Posted by cincinnati on 2013-07-23:
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Car dealership
Posted by Good faith on 09/02/2009
NEW ROCHELLE, NY, NEW YORK -- On Aug. 8th (Saturday night)I gave $500. check to dealership to purchase a car (during clunker program). On Monday Aug. 10th I canceled deal, the dealership signed a request for refund which stated; IF YOUR DEPOSIT WAS MADE BY CHECK WE MUST VERIFY THAT YOUR CHECK HAS CLEARED OUR BANK BEFORE WE CAN ISSUE A REFUND. ALL REFUNDS WILL BE PROCESSED THE THURSDAY FOLLOWING THE REFUND REQUEST. On Thursday Aug. 13th I called dealership, one manager said that the check will be cut on the next Thursday. I called on Aug. 24th, a manager said that they do not send out refunds until 25 days after because they had to wait for my check to clear. They told me to show proof that my check cleared, so I went to my bank and got a copy of my check which cleared their bank on Aug. 14th. I spoke to the manager again, told him I had a copy of my check he told me to fax it to him and he would have a check cut from their accounting office at their corporate location, which he would not give me their tel.# or location, on Thurs. Aug. 27th and I should have a check by Monday. On Monday I did not receive a check, I called again, another manager said I should wait til Tues. to receive check. On Tues. no check!!! I called on Wed. Sept. 2nd, spoke to another manager and customer relations person, said now that she is involved she would make sure that I get a check by Fri. or Mon. What is going on here?????? They have been lying to me and given me so much aggravation and I don't know why!!!!!! Finally, I told this customer relations manager that I wanted proof that a check was mailed out from their accounting office, well, today is Sept. 2nd and I have received a copy of a check from their bank made out to me dated the 27th of Aug. but why haven't I received this check yet???? I feel that I have been treated very badly from this dealership and they really don't want to send me a refund, even though I have signed proof from their manager, they are hoping that I become tired and frustrated and give up!!!!! Why isn't there someone, some agency, some law person to intervene quickly and DO SOMETHING ABOUT THIS. I am sure I am not the only person, consumer going through this horrible process. Please help!!!!!! THIS DEALERSHIP SHOULD BE INVESTIGATED. DO NOT DO ANY BUSINESS WITH THIS DEALERSHIP!!!!!!
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Posted by Anonymous on 2009-09-02:
What dealership is this? Your complaint should be about them, not the AG.

Posted by MSCANTBEWRONG on 2009-09-02:
Please update your review to include the dealership's name. If you're going to complain to the AG you need to include that information. They may have cut the check but are holding it to collect additional interest. The interest could be significant if they do this to a lot of folks.
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Unprofessional, Shoddy Accounting
Posted by Toootrust on 05/22/2008
NEW YORK, NEW YORK -- Dec 2007 I went to Jerusalem Furniture and paid $40.00 in cash, as partial payment for a twin size bed. I was given a receipt.I lost the receipt somewhere in this house.

April 2008 Went to Jerusalem Furniture and paid $60.00 in cash, as another partial payment. That sales rep. informed me that the 'system was down' said she would enter the information later. She gave me a handwritten receipt. I was not concerned, then.

Approximately 10-12 days later, I began to call the store - because I needed to know what was the balance on my account, also needed another copy of the receipts. Went to the store a few times, to find out if my receipts were found. Because they never returned my calls, I decided to go in person. Each time I was at the store, they were "looking" for the receipts. I was very upset, because then they started saying that they can't find the receipts. Finally - I was told that they have no record of the cash transactions. Got more upset, as sales rep. tells me that "we did no business with you" - asked me to leave.

Now, my account must have been deleted, money pocketed. I am on disability, limited income. This is causing a financial hardship. I wanted the bed to be delivered in time for my son's graduation - but there is NO data to prove that I made partial payments. What recourse do I have? My account must have been deleted.

Please advise..
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Posted by Anonymous on 2008-05-22:
What does the NY States Attorney have to do with this complaint?

So you lost both receipts? You need a better filing system.
Posted by madconsumer on 2008-05-22:
some self service is required, disability or not.
Posted by Anonymous on 2008-05-22:
A receipt for cash is as valuable as cash itself. It is hard for me to lambast the retailer for 'shoddy' accounting, when the poster engaged in equally shoddy accounting. If the poster had not 'lost' both receipts, the transactions could be proven. "...was upset..." and "...got more upset..." followed by "asked to leave" has an unfavorable context. This was your $100 lesson.
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Would You Sue Your Neighbor for Smoking?
Posted by on 02/24/2008
Would You Sue Your Neighbor for Smoking?
By Katherine Steinberg

Should you be able to regulate your neighbor's smoking habit? Some New Yorkers think so.

Smokers are being increasingly pushed to the wayside as bans on smoking sweep across cities from the West to the East coasts, from the work place to restaurants. It seems there is no place to light up indoors anymore. But when does the ban on public smoking become private?

Two neighbors are feuding in New York over secondhand smoke seeping into a public hallway, as reported in the New York Times. One neighbor is a 57-year-old chain-smoking restaurateur who says she has been a smoker for four decades. She admits to feeling guilty over not being able to quit, and claims she uses air purifiers and door seals to ward against smoke seepage.

Her neighbors, a couple, both 40 and lawyers, claim her efforts are not stopping the smoke fumes from infecting the hallway where their young son is exposed to her secondhand smoke.

But do they have the right to restrict her smoking in her own apartment?

The well-documented dangers of secondhand smoke are many, ranging from lung cancer to heart disease, and possibly many other cancers, such as breast and cervical cancer. Secondhand smoke exposure has been concluded to be unsafe at any level, according to a June 2006 report by the U.S. Surgeon General. The report went further, stating there must be a ban on indoor smoking entirely in order to fully protect nonsmokers.
But, should your own apartment be considered a smoke-free zone, simply because it's indoors? Perhaps, if that apartment has a shared hallway where smoke can collect. What this means to smokers in their own apartments is still up for debate. Home may not be a sanctuary for smokers much longer.

Read the hole story at:

In my opinion.
Well, From the poles and the commie, deceitful way they are taxing people to death I don't think so. People are just using this as another way to steal money and take away the freedoms of the people. If you support this kind of counter productive dictatorship then vote your freedoms away. The freedoms that make this the greatest country in the world are now being made a mockery of by lawyers, Doctors and most of all your own elected officials. Its you country and it use to be your choice.

PS. I don’t smoke.
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Posted by Anonymous on 2008-02-24:
I live in Maryland. A couple of years ago the 'People's Democratic Republic of Montgomery County' passed a law that allowed a neighbor to sue another neighbor if smoke, either tobacco or from a grille, crossed the property line or went from one open window to another open window thereby causing an offensive assault. This law quickly became a worldwide laughing stock. The law was never enforced and was rescinded swiftly. If the law had been enforced I would have sued my Asian neighbors for the offensive assault of way too much garlic in their cooking.
Posted by Anonymous on 2008-02-24:
LOL PassingBy!
Posted by fascismsux on 2008-02-24:
well , smoking is insane , but so is most of what we humans
do .We certainly dont value our own health like we should .
I think we would be more health conscious and self-preserving
if being a wage-slave in THE FREEEST COUNTRY ON EARTH didnt make dying seem so 'not so bad'! freedom's just another word for having the right to kill yourself cuz life sux anyway!
Posted by Anonymous on 2008-02-24:
Smoking is NOT insane, it's an addiction. I've been an on/off smoker. It has NOTHING to do with *valuing* our own health, or, anyone else's for that matter.
Posted by fascismsux on 2008-02-24:
Leela-I beg to differ- I think it is insane - Its also an addiction . And yes , certainly there are ppl who value their health to the point of obsession about being free from other ppl's smoke and on the other end of that scale is the person who just cant quite overcome self-stimulation cuz of the lack of emotional intensity necessary to defeat the addiction .
Posted by Anonymous on 2008-02-24:
Leela, you are wise way beyond your years and very pretty too. (BA)
Posted by old fart on 2008-02-24:
I've been a smoker for 56 years... I actually enjow it!
I've been an alcoholic all of my life with 32 years of sobriety to date..I gave up booze, but I'll be damned if I'll give up smoking.
Let those sanctimonious SOB's put that in their pipes and puff on it!!!
Posted by fascismsux on 2008-02-24:
And yes i am an insane nicotine abusing addict fool !
Posted by fascismsux on 2008-02-24:
old fart- if it were easy to quit , would you ?
Posted by Anonymous on 2008-02-24:
fascismsux, that is the most truthful thing you have posted in the name of Stew your other NIC. "And yes i am an insane"
Posted by old fart on 2008-02-24:
nope fascism... at my age why do I want to do that?
Posted by Anonymous on 2008-02-24:
OF, they are getting back in the cars!
Posted by fascismsux on 2008-02-24:
Lidman- that is very cheap and you know it . You know i am not stew and if ya really dont ,well , who cares .
Posted by old fart on 2008-02-24:
Yeah Lids... did you see how the water was SPRAYING out of the cracks... this should be a fun race... lots of crashes..
Posted by MRM on 2008-02-24:
Let the race begin... woohoo!
Posted by fascismsux on 2008-02-24:
lidman - I had to vote NH due to the insults and the propaganda factor .
Posted by Nohandle on 2008-02-24:
Hey Lid, I ain't posted yet. I agree with Leela's comments and Passingby's as well. OK, I have a grill in my backyard. What I do in my home is my privledge and my guests as well. Outside? To heck with the smoke coming from the neighbor's grill, I'd rather he clean up his yard. When is this insanity going to stop? Don't tell me what to do on my own property and I'll leave you alone as well. Apartments..does the smoke really come through the walls? If so, they need some thicker walls.
Posted by DebtorBasher on 2008-02-24:
NH...my parents live in a side by side duplex. The girl living on the other side, smokes in the back hall near the back door where her basement is. There is a solid wall between her and my parents place...but that smoke does come right through and whether we are in the kitchen or the living room, my parents whole place smells of cigarette smoke...even with her back door closed. She can't even open her kitchen window in the summer because the neighor stands outside and smokes and the smell comes right in. If they smoke outside at night, the smell comes in through the upstairs windows as well. Being that they rent the place, they can't make thicker walls.
Posted by old fart on 2008-02-24:
Bash... my non-smoking daughter will walk up the driveway to my house and say eeeeww.. I can smell that you've been smoking.. I just tell her that she's missed her calling... she shoulda' been a bloodhound instead of a nurse!
You can't tell me that people are that sensitive..
Posted by MRM on 2008-02-24:
Lidman will respond shortly. He is watching NASCAR at 32 laps to go.
Posted by old fart on 2008-02-24:
MRM... it ain't 32 laps to go... it's 32 laps run.. they still have 218 laps left... this race won't be done until tomorrow..LOL
Posted by MRM on 2008-02-24:
LOL... my bad.
Posted by DebtorBasher on 2008-02-24:
To a non-smoker it is VERY noticeable. Our company even has seperate closets for the Smokers and Non-Smokers to hang their coats up in. Because the smell will get onto other people's coats. I remember coming home from bingo halls and my hair and clothes would gag a magot from the other people's smoke. There is a guy at work and I have to go into his office quite often and when I do, I have to hold back gagging because his office smells of stale cigarette smoke...there's no smoking in the building, but it's on his clothes, he must smoke on the way into work.
Posted by Nohandle on 2008-02-24:
In rental property DB, and I have no reason to question you, I thought the rules had changed and smokers were sent to some area far away from the complex. On private property I still maintain the property owner can decide what he wishes to do on his own property. As long as it's not against the law, do what you wish. Oh, I forgot. Now some folks want to make it against the law for an individual property owner to make his own decisions, Oh well, win some and lose some.
Posted by DebtorBasher on 2008-02-24:
LOL...well, the lease states NO SMOKING inside, when my Dad smoked, he went outside...but he stayed away from other people's windows...but he's quit for almost two years now...This girl smokes INSIDE the hall near the door...but then again, the rules don't apply to her because she is the owner's granddaughter.
Posted by Anonymous on 2008-02-24:
No one should have the right to tell you what you can or cant do in your own House. If they dont like it move out no one is forceing them to stay there.
Posted by Anonymous on 2008-02-24:
The second-hand smoke issue is BS. Walking down a hallway and catching a wiff isn't a death sentence. Maybe locked in that woman's home everyday for 40 years could do a little damage but there's more crap passing through our lungs everyday that does more harm than a little tobacco burning. Some lawyers shouldn't be allowed to keep their license! They would really have a complaint if they were breathing what I smoke.
Posted by DebtorBasher on 2008-02-24:
" They would really have a complaint if they were breathing what I smoke"...LOL...Is that what makes you Happy As A Clam?
Posted by old fart on 2008-02-24:
Happy.... just a little ganja?
Posted by Slimjim on 2008-02-24:
I like wally's answer best. You move into a shared unit complex with common areas, then you made that decision and need to accept what comes with the territory. Nobody should be told they can't smoke in their own home, especially considering it's about the only place you can anymore.
Posted by Anonymous on 2008-02-24:
This was my opinion just for the people that don't read the whole thing.
People are just using this as another way to steal money and take away the freedoms of the people. If you support this kind of counter productive dictatorship then vote your freedoms away. The freedoms that make this the greatest country in the world are now being made a mockery of by lawyers, Doctors and most of all your own elected officials. Its you country and it use to be your choice.
Posted by Anonymous on 2008-02-25:
Yes Debtorbasher, you are correct. You are too old fart.
Posted by Principissa on 2008-02-25:
This makes me angry. Since when is it O.K. to tell someone how to live behind the closed doors of their own home. When they start footing the bills for my mortgage payment and property taxes, then they can tell me what I can and cannot do in my own home. If me and my guests want to grill garlic fish tacos and chain smoke in the backyard, I can. Why? Because it's my back yard. If the neighbors don't like it, they don't have to look.
Posted by MRM on 2008-02-25:
When is it okay for the 5-0 and the gov't to take my rights to light up mary jane? As long it is in the privacy in my own home and not in public, I should have the right to light up a mary jane, legalized or not.
Posted by jktshff1 on 2008-02-25:
Looking at the posts, and I am a heavy smoker, the thing that is being missed is that an renter's apartment or duplex is not the renter's property. The owner of the property sets the rules and the renter/lessee should abide by them.
If they choose to let people smoke there, non-smokers shouldn't rent there or complain about it.
If they choose not to allow it, don't rent or don't smoke.
Posted by Anonymous on 2008-02-25:
JKT, that is not 100% true, when you rent an apartment and live in it, it is yours as long as you pay your rent. The owner sets a certain amount of rules in the contract but NOT when it gets personal or next you will say they can tell you when you can take a shower or what time you get up.

If they tell you this before you sign a lease then you can say NO and go elsewhere but they have NO right to make up rules as they go along.
Posted by Anonymous on 2008-02-25:
jktshff1 -- Excellent answer. You always impress me!... except for the 'heavy smoker'... None of my business but you should try chantix. It's worked well here where I work...success rate of 100% (5 out 5). Good discussion overall.
Posted by jktshff1 on 2008-02-25:
Maybe I needed to clarify...whatever is in the contract when you sign it. Any changes would be after the lease is up. I thought that would be understood.
But as my grandmother would say "remember what thought did! Little Boy thought he had to poot and shat upon himself!!!"
Posted by Anonymous on 2008-02-25:
stew, make sure those chantix users don't own firearms.
Posted by Anonymous on 2008-02-25:
LOL, jkt!
Posted by Anonymous on 2008-02-25:
jkt, were you that little boy?

Leela, come home now!
Posted by Anonymous on 2008-02-25:
Okay, Liddy! I'll be right over...
Posted by MRM on 2008-02-25:
Oh Lawd, here we go again!
Posted by Anonymous on 2008-02-25:
MRM, eat your donuts!!
Posted by MRM on 2008-02-25:
Will do, Professor Lidman...BTW, the new Indiana Jones is coming out May 11th!!!
Posted by Anonymous on 2008-02-25:
OK and you can have the banana filled ones this time.
Posted by Anonymous on 2008-02-25:
Lid's, good post and info. Hope people like the smell of a fine cigar or pipe though. Hey, we just took this one green. You know who is going to be upset now.
Posted by Anonymous on 2008-02-25:
Thanks Super, I think people other then making money off the sufferings of other people, would whine if one chopped an onion up for dinner with the window open.

But these people are just going way to far!
Posted by DebtorBasher on 2008-02-25:
JKT...LOL..."remember what thought did"...I can't count the times I've heard that while I was growing up...and YES, my Mothers STILL Tells me that!
Posted by DebtorBasher on 2008-02-25:
Now it's more like, "You know what Ejack thought...." LOL!
Posted by Anonymous on 2008-02-25:
Posted by jktshff1 on 2008-02-26:
funny how some grandmaisims keep coming back
Posted by freethinking on 2009-05-05:
All of these inconsiderate arses writing responses about a smoker's "right" makes me so mad. I'm a non-smoker minding my own business, living my life, and smokers decide when and how much smoke I will be exposed to on a daily basis on my walk to the park, my wait for the bus, and in my own home!! Where are MY rights?

It's been well researched and documented by multiple creditable scientific studies that there is no acceptable level of smoke exposure. In today's cigarettes there isn't even any tobacco left, it's all chemicals! An unlit cigarette has a 'trace' odour of tobacco, but the lit version and the smoke emitted from it is just benzenes and formaldehyde - it smells nothing like cigar or pipe smoke.

I was living peacefully in my place when a new neighbour moved in and keeps exposing me to her smoke. She smokes right outside my front door, blows smoke at my air intake which leads into my home, and had the audacity to tell me I should close my window. For one thing the window isn't open, it's winter! And for a second thing, I should be able to open my window when I want.

Comnents like "you have to accept it if you choose to live in a multi-unit dwelling" or "if you don't like it, you can move" are BS. I own my home and it is going to cost a lot in realty fees to move away from this beotch, but hopefully she'll be sharing (or paying outright) the cost when my lawyer gets through with her! Ha!
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wells fargo
Posted by Mccracken on 06/07/2007
NEW YORK -- As a consumer from your state, I felt it was my responsibility to bring to your attention the following incident.

I have a car loan through wells fargo and two days ago they repossessed it. I have tried to explain that I had to buy a new boiler for my home that was 6,000 and had to have my roof repaired so with all of this happening I got behind I have offered them the money owed to make the loan current but they are refusing to reinstate me and told me that I have to days to refinance it with a different company or it will go to the auction. I am trying my best to make things right but they refuse to try to work with me. Trough the 7 months that I have had the loan I have only received one statement in the mail from them I received no call or letter for the threat of repossession.Everyone I have spoken to refuses to let me talk with a supervisor and is very rude and treats you like you are a piece of garbage and I am not I just got behind and now I am trying to do the right thing and get caught up instead of running away and claiming bankruptcy like people usually do.

As a resolution, I would like the following:

I would like someone to ask wells fargo why they can't send statements or call or let someone try to get caught up on there loan if they still have proof of making good money and obviously just got behind.

Please contact me if you need more details regarding this incident.
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Posted by Jambra on 2007-06-07:
Not getting statements is no excuse for not paying back a loan. It's your responsibility to pay back what you borrow.
Posted by Anonymous on 2007-06-07:
First, read through your loan contract. It will probably cover most of the issues you are raising and what you agreed to.

Second, I hope that this isn't the actual letter you sent to the Atty General. With all the mis-spellings and misused grammer, it probably won't be taken very seriously. That's why they include spell and grammer checking in most word processing programs.
Posted by Anonymous on 2007-06-07:
It is hard to find the laws for NY repossession of cars but I don’t think they have to tell you when they are coming to get it. One would think they at least give you a warning. As far as your other problems they really don’t care and I don’t think the state will either.

Sorry about you problem and hope you can take care of it soon.
Posted by adzidek on 2007-06-07:
I imagine that they don't tell you when, or don't give you a warning, because people would take precautionary measures (blocking the car in with another car/truck), hiding the car, taking two wheels off, etc.)
Posted by Anonymous on 2007-06-07:
That was my point as well adzidek and I agree.
Posted by poppapia on 2007-06-07:
Robf, it's grammar, not grammer. How much time did Wells give you after repossessing the vehicle? By federal regulation, they must provide you with 10 days notice, to either reclaim the vehicle (usually by getting a loan somewhere else), or to retrieve any personal belongings that were in the vehicle. Bankruptcy won't help you with getting the car back, because I don't think you can get filed in two days. If the car is sold, Wells will come after you for any deficiency plus expenses, so at that time, you will need to decide whether to go the bankruptcy route. The repossession and default have already dinged your credit, so if the deficiency judgment is more than you can afford, bankruptcy may be your only option. However, you knew payments were due, with or without a coupon book or payment notice. Did you move after getting the loan and not have mail forwarded, because I find it hard to believe Wells didn't contact you via mail, usually certified.
Posted by Dedicated Reader on 2007-06-07:
Your own words sum up your problem, "I have offered them the money owed to make the loan current." In other words, you want to pay them what you should have already paid them, and then have the loan continue as before -- until the next time you default.

Why would Wells Fargo want to work with you? You made a contract with them and after only seven months you broke it. It doesn't matter how many reasons you had -- you broke the contract. If you had truly wanted to repay this loan and get it in good standing, you should have gone to them BEFORE you missed the first payment.

The best you can do now is find another lender willing to take a chance on you or face the facts that you've lost the vehicle.

And for your assertion that filing for bankruptcy is what people usually do is wrong -- the vast majority of people pay their bills on time.
Posted by Jambra on 2007-06-08:
Dedicated Reader, I do believe that you have hit the nail squarely on the head. Great response.
Posted by DebtorBasher on 2007-06-08:
Jambra is right...statements are sent out as a courtesty, they are not required to do so. A person still owes the money by the due date whether they get one or not. However, I know if you don't get a statement, it can slip by you, it's happened to me once. I didn't realize it until I got my statement the following month and seen they didn't get a payment the month before...so, I called right away and made the payment over the phone. It's easy to forget a payment without that montly statement as a reminder but, you learn from it and start keeping track of your payments by logging what payments are due when.
Posted by poppapia on 2007-06-08:
Debtor, you are correct, but to miss a statement for several months doesn't seem right.
Posted by Skye on 2007-06-08:
You are an adult, and therefore, have to be responsible for taking care and making sure things get paid. Not getting a statement, is not an excuse to not make your payment.

Did you think your loan was forgiven??

We all have things that come up unexpectedly, but that's not an excuse to ignore a finacial obligation. If money is tight, how about a 2nd, part time job??

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Refund owed on canceled order
Posted by Deedeerae on 01/26/2007
NEW YORK, MARYLAND -- As a consumer from your state, I felt it was my responsibility to bring to your attention the following incident.

On 1/6/07, I placed an order at Just My Shopping (justmyshopping.com)
for 1 Retro Chrome Black Bar Table and a Pair Of Chrome Plated Bar Chairs, shipping was free. On 1/8/07, I realized that I had made a mistake and could not use the items and called the company. I could not reach anyone to speak to or an answering service, so I emailed the company that I wanted to cancel the order. On 1/9/07, I called the company again and explained that I could not use the items and cancel the order. I spoke with Elligant Casa and was told the item had not shipped yet and I could cancel. He also said there would be a 34. restocking fee and they would have to charge me shipping for the item for the trouble of canceling the order. I told him I did not agree with paying shipping for an item that was still at their facility and shipping was free to order the item. He told me it was a lot of trouble to retrieve the items. Isn't that what the restocking fee is for. I had no choice but to still cancel the order, because I could not use it. He said I would receive the refund in a couple days. A refund was issued 1/19, 10 days later for only $119.82, not 229.98 that I had paid or even 229.98 minus 34. for restocking. Almost 100. was kept by this company for their fraudulent excuse of shipping charge and I am disputing that I should not be charged a shipping fee for this order that never shipped from their company. I want my complete total refunded for 229.98. This company is scamming me by these extra charges and they have the merchandise. I have emailed the company two more times but received no reply. Please help me.
company information:
c/o Just My Shopping Inc.
2168 3rd. Ave.
New York, NY 10035
Phone #: 1-800-996-6324
Fax #: 1-212-996-9083

As a resolution, I would like the following:

I want my complete total refunded for 229.98. They only refunded part of it and still owe me 110.16.

Please contact me if you need more details regarding this incident.
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Posted by Skye on 2007-01-26:
Contact your credit card now. They really pulled a fast one on ya, and you are doing the right thing for letting others know. They didn't ship you anything. FREE SHIIPING, right.
Tell bank/credit card company exactly what happened.
Posted by Anonymous on 2007-01-26:
Yeah, pursue this one to the end !
Posted by Anonymous on 2007-01-27:
Keep us informed.
Posted by DebtorBasher on 2007-01-27:
I agree that you should dispute the charge with your credit card company...I don't see how they can possibly charge shipping fees on an item they didn't ship. I'm not even sure about the restocking fee, since again, the item wasn't shipped...good luck to you.
Posted by deedeerae on 2007-03-13:
Update on this complaint, bank would not help me since I received a partial refund. It took my actions of complaining to BBB and Attorney General of their state to receive another refund, still not a complete, but I had agreed to it because of the distance and I was afraid that I would not receive more. Maybe if I had held out they would have refunded entire amount. These internet order companies try to make money on the consumer and call it policy.
Posted by daricj on 2008-09-28:
i too had a similar incident with this company. They also tried to stiff me with shipping charges on a 'free shipping' item and when they took my order they charged me 500 dollars for shipping (unauthorized). i cancelled the order and they had the nerve to tell me that i had to pay restocking fee's for the unauthorized charge that was never shipped. i turned it over to my CC card company who (after months of back and forth) successfully got my money back. It makes me feel better that others have experienced the same level of poor customer service from this company and now hopefully this unprofessionalism will be exposed and put to an end.
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Posted by Dodge Ram on 09/27/2006
SARATOGA SPRINGS, NEW YORK -- As a consumer from your state, I felt it was my responsibility to bring to your attention the following incident.

As I first started off, Nextel signed me up for a Nation Super Connect 500+500 Plan. I was stated that the first bill would be the highest, and then from now on, I would only pay $44.99/month for 1,000 minutes. It is now nearly the end of September and I still have not received the latest bill from Nextel. Back in the middle of August, I never received a bill from Nextel. I called the local store; they said that I would have to call their 1-800 number(s), so I did. I finally got through to someone and they said that they would send me a new bill. I got that one. Now again, the next billing cycle, I didn't get the bill again, this is the second time not receiving a bill. I once again called Nextel and they said that I owe $129.93 including late fees/charges. I stated that was very unfair and not my fault. Now September rolls out into the second week and Nextel is constantly calling me for the money. I finally told the several representatives that I refuse to pay late fees, charges because I never received a bill. Now I have been hung up on by two representatives. As of 09/27/06 my cellular service has been disconnected. This is a horrible company.

As a resolution, I would like the following:

In my personal opinion the best way for the company to resolve my complaint is to refund me $64.96. This is figured by taking the current amount of $129.93 and dividing it in half. I feel this is the maximum I owe Nextel. Also, I want my credit history cleared with credit reporting agencies. This is IMPERATIVE!

Please contact me if you need more details regarding this incident.
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Posted by rhondam718732 on 2006-09-28:
Not gonna happen. YOU have to fix this yourself. Pay the bill then send a request to the credit reporting agencies regarding your situation. However, receipt of bill is NEVER EVER EVER an excuse for not paying nor will they pay much attention to it. Within a few days of not getting your bill you should go or call and get your amount due. You can't keep blaming them when you know you have a bill due each mth. It's unfair they can't get it to you, but you are still on the hook to pay it on time any way you can.
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