unfair deceptive trade practices

Hello *********! Can you give me some details as to what happened with this? Are you owed money?

On got to! So to clarify, the monthly amount is covered, but the overpayments are being taken as well? Is it being applied toward the loan?

Ok so based on what you’ve seen, have they provided justification for their actions?

Got it! You’re just wondering what it is you can do here, correct?

Got it! What state are you operating in again did you have anything else you wanted to add before I answered? I have to do a little research so it may only be a few hours before I respond.

I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask because this law stuff can get complicated. For oral agreements, the statute of limitations is three years. This means that you would likely still have time here to do something. So this appears to be a breach of contract. In Colorado, the elements of a claim for breach of contract are (1) “the existence of a contract”; (2) “performance by the plaintiff or some justification for nonperformance”; (3) failure to perform the contract by the defendant”; and (4) “resulting damages to the plaintiff.” Western Distrib. Co. v. Diodosio, 841 P.2d 1053, 1058 (Co. 1992). This applies regardless of whether the agreement was written or done orally. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach.    You have some options you can explore: This seems like an issue of unfair trade practices (15 U.S. Code Section 45; Colorado Revised Statutes Section 6-1-105.).  This kind of action could give you some compensation if you were to bring a lawsuit.  An unfair act or practice is generally where a person does things like knowingly make false representations of the source of property, makes a  So this means that if a person has been defrauded, tricked, misled, lied to a consumer, or omitted some meaningful information that a consumer could not have reasonably found out, then this could be punished under state law, but certainly under federal law.  This applies to any person or any company.

In your case, I have serious concerns about the actions the other company took. Because there is nothing suggesting that the agreement allowed for them to keep taking the overage, because there is no proof of a modification that authorized them to do the same, because they have not cited to you a law or case that gives them authority to do this, and because there is no other legal justification, you have a good cause of action. I would send a demand for performance. I drafted a template myself to help with this so you know it's legitimate - https://www.contractscounsel.com/t/document-form-checkout/119 If that doesn't work, I'd look for a local attorney who can send a notice on your behalf that you intend to sue.

I know it’s a lot, but does that help make sense of things a bit more? I want to make sure I didn’t leave anything out.

Great question! You have a few places you can file a complaint 1. The CO Attorney General https://coag.gov/file-complaint/ 2. The FTC https://www.ftc.gov/media/71268 So this is not only at the state level, but also the federal level. I recommend CO because they are well funded and there is less political turmoil such that they can focus on consumers instead of themselves.

Sure thing! As far as the BBB, here what I was able to find online: In Colorado, the Better Business Bureau (BBB) has several offices to assist consumers and businesses. Here are the main locations: In Colorado, the Better Business Bureau (BBB) has several offices to assist consumers and businesses. Here are the main locations: BBB Serving Greater Denver and Central Colorado - Address: 3801 E. Florida Avenue, Suite 350, Denver, CO 80210 - Phone: (303) 758-2100 - Office Hours: 9:00 am - 3:00 pm, Monday - Friday - Website: [BBB Denver](https://www.bbb.org/us/co/denver) BBB of Southern Colorado - Address: 25 North Wahsatch Avenue #100, Colorado Springs, CO 80903 - Phone: (719) 636-1155 - Office Hours: 8:00 am - 5:00 pm, Monday - Friday - Website: [BBB Southern Colorado](https://www.bbb.org/us/co/colorado-springs) BBB Serving Northern Colorado and Wyoming - Address: 8020 S. County Road 5, Suite 100, Fort Collins, CO 80528 - Phone: (970) 484-1348 - Office Hours: 8:30 am - 4:30 pm - Website: [BBB Northern Colorado](https://www.bbb.org/us/co/fort-collins)

One thing to consider is sending a notice to the one that you originally contacted to make a decision. You can tell them that you will seek a "writ of mandate" which is a court order stating that they will be forced to make a decision. I'm not sure which one you called, so I just put all of them.

You could call TX as well. You can file a complaint with the Attorney General’s Office by clicking here -  https://www.texasattorneygeneral.gov/consumer-protection/file-consumer-complaint I don't have a template about any specific attachment you can send, but I think if you're fighting these people without a lawyer you need to find one ASAP. I don’t have any contacts but try clicking here Also, try this link - https://www.lawyerlegion.com/lawyer-referral-directory You can also try Lawrina - https://lawrina.org/match/ ContractsCounsel.com has lawyers you can find as well. - https://app.contractscounsel.com/client/create-project/step-h1 Sometimes, the local law schools can provide free legal assistance, too. Yelp.com is a surprisingly good place to find lawyers. You can also find lawyer on the Legal Services Corporation website. The LSC is an independent non-profit organization authorized by Congress in 1974 to help people find legal aid services (https://www.lsc.gov/what-legal-aid/find-legal-aid). You can also return to this site and ask questions to me as you go through this process to keep your costs down. I know it’s a lot, but does that help make sense of things a bit more? I want to make sure I didn’t leave anything out.

Understood. It may have been lost in the messages, but I didn't know which one you contacted so I was just offering up the contact info for those ones. Also, I had mentioned that I just don't have a template, and there generally isn't a template, for adding that information. Nevertheless, what I would recommend is just: 1. Emailing the arbitrator that you have this information; 2. Copy the oil company on this as well; 3. Add a blurb that states that that this information is being added as a part of their decision; and 4. Explain if you're willing to appear at a remote hearing on the matter to explain and testify to it in detail!

5. Make sure to sign it and date; 6. If you can email it, do so, but if you have to use some filing method with this arbitration process, use that; 7. Make sure that you include that you want a decision considered specifically with the information you have.