Question for Lawyers

[Townhallsavoy]

Quick summary of events:

A/C breaks.  Call American Home Shield.  American Home Shield sends A/C company.  A/C company says compressor needs to be replaced.  $100 to dispose of the refrigerant.  $100 to dispose of the compressor.  I say I'll keep the compressor and dispose of it myself.  Repairman says his company won't allow that.  Part of the labor.  I say that they don't have the right to do that.  He says he has to take it and will send me a bill for the disposal fee. 

What kind of action should I take?  Just not pay it?  Report them to the BBB?  Or am I stuck paying it? 

[wesfau2]

$100?

Fuck it, find something worth getting worked up over.  Let the little shit slide.

If you must, bitch to the warranty company and see if they will pursue the matter.

[Townhallsavoy]

$100?

Fuck it, find something worth getting worked up over.  Let the little shit slide.

If you must, bitch to the warranty company and see if they will pursue the matter.

Did you miss my "I'm going on food stamps" post?

[wesfau2]

Did you miss my "I'm going on food stamps" post?

No.

Your time and blood pressure have value, though, and chasing $100 is not going to fully compensate you for that.

Besides, didn't the warranty company pay the A/C guy? 

To put it another way: if it's about the "principle", then let it the fuck go.

Final thought: there may be an ordinance requiring disposal in a particular fashion, given the nature of the materials involved.

[Snaggletiger]

$100?

Fuck it, find something worth getting worked up over.  Let the little shit slide.

If you must, bitch to the warranty company and see if they will pursue the matter.

In 2 weeks, I'm buying the first $100 of IPA.  You provide the salt.

[Townhallsavoy]

No.

Your time and blood pressure have value, though, and chasing $100 is not going to fully compensate you for that.

Besides, didn't the warranty company pay the A/C guy? 

Yes.  But we also paid $75 to the A/C guy and have been paying $44/month to offset costs of big repairs such as this.

To put it another way: if it's about the "principle", then let it the fuck go.

Final thought: there may be an ordinance requiring disposal in a particular fashion, given the nature of the materials involved.

It's about the money.  Newborn expected any day and I've quit my job. 

I've done some research on this and there are no laws about disposing of the compressor.  Only the refrigerant.  In fact, there is literature on the web explaining how A/C repair companies scam people by overcharging to "dispose" of the compressor, which is mostly steel and can be sold in large quantities for money.

[wesfau2]

Yes.  But we also paid $75 to the A/C guy and have been paying $44/month to offset costs of big repairs such as this.

It's about the money.  Newborn expected any day and I've quit my job. 

I've done some research on this and there are no laws about disposing of the compressor.  Only the refrigerant.  In fact, there is literature on the web explaining how A/C repair companies scam people by overcharging to "dispose" of the compressor, which is mostly steel and can be sold in large quantities for money.

Proceed to chase those dollars, then.

In 2 weeks, I'm buying the first $100 of IPA.  You provide the salt.

Deal.  It's good for your hair and skin, but if you want a shot in your beer, I'll oblige.

[Snaggletiger]

Proceed to chase those dollars, then.

Deal.  It's good for your hair and skin, but if you want a shot in your beer, I'll oblige.

Sounds good.  I look forward to.....wait, what's good for your hair and skin?

[Vandy Vol]

The guy is charging you $100 to dispose of the compressor, but how much of that is being paid by American Home Shield (AHS)?  I'm assuming the $75 that you paid him was AHS's trade service call fee (which would have been paid regardless), and that AHS will send you a bill for any portion of his fees that they don't pay.

I'm asking so as to determine what amount of money you're actually out, as opposed to what the guy charged.


If the amount of money that you're ultimately out isn't going to change the fact that you want to challenge this, then here's my suggestion.  If I'm not mistaken, an A/C repair company would have to register with the Alabama General Contractors Board.  File a complaint with them and allege fraud (http://genconbd.alabama.gov/default.aspx).  Alternatively (or in addition to the complaint with the contractors board), you may want to file a complaint with the Attorney General's Consumer Protection office (http://www.ago.state.al.us/Page-Consumer-Protection).

Your complaint should suggest fraud due to the company's representation of there being a necessity for a disposal policy and disposal fee, when in actuality such a necessity does not exist.  The only contents of a compressor that would require special disposal is freon.  However, it's my understanding that you can not remove or change a compressor without also removing most of the freon inside, and that the EPA has indicated that any remnants of freon in the compressor is minimal and doesn't require special care for disposal.

It's also my understanding that these A/C companies use tanks to collect freon when replacing compressors, and that the disposal of those tanks costs them about $5.

[Snaggletiger]

What the guy in the post above this one said.  Or, you could come to Destin in a couple of weeks and I'll buy you a beerz.

[CCTAU]

When ANYTHING is covered by insurance, every charge allowable is used.

Find out what your insurance thinks of the charges.

[WiregrassTiger]

I'm not a lawyer per se but I know so damn much about the law that I could easily pass the bar. I think that you should have taken the compressor off of the truck and whipped his ass if it came to it.

My other advice is to call this guy and tell him you want your compressor back or somebody is likely taking an ass whipping. Now, if it actually comes down to meeting the guy in a parking lot, I usually have something come up unexpectedly but I would have kicked his ass had I been able to make it.

All of this is perfectly legal and I will gladly help represent you sonny bono if need be.

I think you need to pursue the $100 bucks because it's yours and also because if we let more assholes get away with this, it only encourages it.

[Vandy Vol]

I'm not a lawyer per se but I know so damn much about the law that I could easily pass the bar. I think that you should have taken the compressor off of the truck and whipped his ass if it came to it.

My other advice is to call this guy and tell him you want your compressor back or somebody is likely taking an ass whipping. Now, if it actually comes down to meeting the guy in a parking lot, I usually have something come up unexpectedly but I would have kicked his ass had I been able to make it.

All of this is perfectly legal and I will gladly help represent you sonny bono if need be.

I think you need to pursue the $100 bucks because it's yours and also because if we let more assholes get away with this, it only encourages it.

Forget my suggestion; this one is completely legal and way better.

[AUTailgatingRules]

I'm not a lawyer per se but I know so damn much about the law that I could easily pass the bar. I think that you should have taken the compressor off of the truck and whipped his ass if it came to it.

My other advice is to call this guy and tell him you want your compressor back or somebody is likely taking an ass whipping. Now, if it actually comes down to meeting the guy in a parking lot, I usually have something come up unexpectedly but I would have kicked his ass had I been able to make it.

All of this is perfectly legal and I will gladly help represent you sonny bono if need be.

I think you need to pursue the $100 bucks because it's yours and also because if we let more assholes get away with this, it only encourages it.

OJ Simpson says you may want to rethink this advice

[WiregrassTiger]

OJ Simpson says you may want to rethink this advice

Look, I may not know everything but the law is one thing that there is no need to question me on. I have seen most episodes of Ironsides, Perry Mason and Matlock. I also took a business law class and read the Wall Street Journal fairly often.

 OJ screwed up in his repossession because he pulled his heater out and didn't use it. He didn't seek good counsel.

THS has every right to get his compressor back. One good way may be to sneak into the place where the dude parks at night with a mask and get it. And maybe accidentally puncture tires on the way out.

WT's legal opinion is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered.

The information is not guaranteed to be correct, complete, or current. WT makes no warranty, expressed or implied, about the accuracy or reliability of the information. WT is not soliciting clients and does not propose any type of transaction. You should not act or rely on any information given by WT without seeking the advice of an attorney (if you're a pussy).

Now, go whip that ass.

[Kaos]

Quick summary of events:

A/C breaks.  Call American Home Shield.  American Home Shield sends A/C company.  A/C company says compressor needs to be replaced.  $100 to dispose of the refrigerant.  $100 to dispose of the compressor.  I say I'll keep the compressor and dispose of it myself.  Repairman says his company won't allow that.  Part of the labor.  I say that they don't have the right to do that.  He says he has to take it and will send me a bill for the disposal fee. 

What kind of action should I take?  Just not pay it?  Report them to the BBB?  Or am I stuck paying it?

Quick summary of question.

What is your out-of-pocket for this repair? 

[Snaggletiger]

I'm not a lawyer per se but I know so damn much about the law that I could easily pass the bar. I think that you should have taken the compressor off of the truck and whipped his ass if it came to it.

My other advice is to call this guy and tell him you want your compressor back or somebody is likely taking an ass whipping. Now, if it actually comes down to meeting the guy in a parking lot, I usually have something come up unexpectedly but I would have kicked his ass had I been able to make it.

All of this is perfectly legal and I will gladly help represent you sonny bono if need be.

I think you need to pursue the $100 bucks because it's yours and also because if we let more assholes get away with this, it only encourages it.

I'm gonna' whip your ass if you don't buy me a new monitor. 

[Tiger Wench]

Generally speaking, when we repair a part under a warranty claim, the salvage is ours.  We remove your broken one, gave you a new one, and we own the broken one.  Charging you to haul it off seems a bit excessive given that they will either repair it/refurb it/scrap it and make their money back, but the odds are that they would own the piece anyway.

I'd tell them that you aren't paying the disposal, but they can have the compressor.  Tell him good luck getting blood from a turnip. 

Plus, you are gonna be on the welfares soon anyway - it will just add credence to your claim for the WIC... "I cain't even pay to have my broken shit hauled off!" 

[wesfau2]

I'm asking so as to determine what amount of money you're actually out, as opposed to what the guy charged.

What I was asking in a roundabout way.  This is really an issue for the warranty company, but they're probably in cahoots with the service company they sent out.

[chinook]

@   we would kindly tell you to shove it in your ass.  pay the fucking hundred.  your skirt and newborn won't be happy in a hot, humid home...neither will you.

this is no different than the oil disposal fee at the jiffy lube.

speaking of lube...it's 50 percent off at