Rights, in real situations
Rights questions, answered.
561 stored questions · 17 topics · No account needed
Choose where it happened. Read the rule, the exceptions and what you can do next. No chat needed.
Choose a state for local guides. Federal rules and practical steps are labeled separately.
Police encounters
Do I have to answer police questions?Background reading
Background reading
You generally have the right to remain silent. Say clearly that you are choosing to stay silent.
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How do I know if I can leave a street stop?Background reading
Background reading
Ask whether you are free to leave. If the officer says yes, leave calmly. If not, do not try to force your way past.
Note what the officer said once it is safe. This answer does not decide whether the stop was lawful.
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Can police extend a completed traffic stop just to wait for a drug dog?Federal rule · specific setting
Federal rule · specific setting
For this situationA roadside traffic detention under the Fourth Amendment.
Without independent reasonable suspicion, police may not prolong a traffic stop beyond its traffic-related tasks to conduct a dog sniff.
What to do next
- Comply with traffic-stop instructions and avoid physically obstructing the officer.
- When safe, note when documents were returned, any citation was completed and the dog arrived.
- Give the timeline and available video to your defense lawyer to assess a suppression motion.
What could change this answer?
- A sniff performed without adding time presents a different issue.
- Independent reasonable suspicion can justify further detention.
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Can an officer order me out when I am only a passenger during a traffic stop?Federal rule · specific setting
Federal rule · specific setting
For this situationPassengers in a vehicle lawfully stopped by police.
Yes. During a lawful traffic stop, an officer may order passengers out of the vehicle while the stop is completed.
What to do next
- Follow the exit instruction calmly, keeping your hands visible.
- Tell the officer about a mobility limitation before attempting a movement you cannot safely make.
- Afterward, record whether a frisk or further detention occurred and discuss those separate actions with counsel.
What could change this answer?
- The underlying stop must be lawful.
- Reasonable suspicion that a person is armed and dangerous is a separate frisk question.
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Does every street stop allow police to pat down my clothes?Federal rule · specific setting
Federal rule · specific setting
For this situationAn investigative street stop and protective pat-down under Terry.
No. A protective frisk requires a reasonable basis to suspect the person is armed and dangerous; a stop alone is insufficient.
What to do next
- Keep your hands visible and calmly state that you do not consent to a search.
- Remember the officer’s stated reason, questions and where the officer searched.
- Write the sequence afterward and provide it to counsel, including any movement or object the officer cited.
What could change this answer?
- An arrest can permit a different type of search.
- Specific observed facts, rather than the label frisk, control the legal analysis.
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Does arresting a driver automatically permit a search of the passenger compartment?Federal rule · specific setting
Federal rule · specific setting
For this situationA vehicle search justified as incident to a recent occupant’s arrest.
No. A search incident to arrest generally requires access by the arrestee at that time or reason to believe the car contains evidence of the arrest offense.
What to do next
- Do not interfere with the search or attempt to retrieve items.
- Record where the arrested person was secured, the arrest offense and which areas were searched.
- Ask defense counsel to assess the asserted search basis and obtain available footage.
What could change this answer?
- A secured arrestee’s inability to reach the car affects the safety rationale.
- An offense likely to leave evidence in the car affects the evidence rationale.
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Can police enter my home without a warrant for a routine felony arrest?Federal rule · specific setting
Federal rule · specific setting
For this situationPolice crossing the threshold of a suspect’s home to make an arrest.
Absent consent or an applicable emergency exception, police cannot make a routine, nonconsensual home entry to arrest you without a warrant.
What to do next
- Ask through the closed door whether officers have a warrant and request to see it safely.
- State any lack of consent without blocking officers or attempting to escape.
- Preserve the warrant and describe the entry, claimed emergency and your words to defense counsel.
What could change this answer?
- Consent or urgent circumstances can change the warrant requirement.
- A warrant naming another person raises a different home-search issue.
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Does an arrest warrant for my guest authorize police to search my home for them?Federal rule · specific setting
Federal rule · specific setting
For this situationA third party’s home searched to find the person named in an arrest warrant.
An arrest warrant for someone else does not by itself authorize a search of your home. A search warrant, consent or another valid exception is generally needed.
What to do next
- Ask whose name and which address appear on the warrant.
- Calmly state that you do not consent to a search; do not physically interfere.
- Keep a copy or identifying details and document who lived there for later legal review.
What could change this answer?
- An emergency can justify entry without a search warrant.
- A resident’s valid consent can also supply a separate basis.
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Does pursuing a suspected misdemeanor always let police enter a home without a warrant?Federal rule · specific setting
Federal rule · specific setting
For this situationHome entry during pursuit of a person suspected of a misdemeanor.
No. Misdemeanor pursuit does not create an automatic exception; the circumstances must justify urgent entry.
What to do next
- Do not flee or use a doorway to physically obstruct police.
- After the encounter, record the suspected offense and what officers said required immediate entry.
- Preserve recordings and ask counsel to assess actual urgency, including threats, evidence loss or escape.
What could change this answer?
- Imminent injury can justify immediate action.
- The seriousness of the offense and circumstances of pursuit matter.
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Is community caretaking a blanket reason to search my home without a warrant?Federal rule · specific setting
Federal rule · specific setting
For this situationPolice invoking general community caretaking to justify a home search or seizure.
No. The Supreme Court rejected a freestanding community-caretaking exception for home searches.
What to do next
- Explain any immediate safety or medical need accurately.
- If objecting, state your lack of consent calmly without blocking emergency assistance.
- Record the asserted reason and the areas searched, then obtain legal review of the actual exception claimed.
What could change this answer?
- An imminent threat of injury can support emergency entry.
- Rules for impounded vehicles do not automatically transfer to homes.
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Can police obtain a week of historical cell-site location records without a warrant?Federal rule · specific setting
Federal rule · specific setting
For this situationGovernment acquisition of historical location records from a cellular provider.
Obtaining seven days of historical cell-site location information is a Fourth Amendment search, generally requiring a warrant supported by probable cause.
What to do next
- Keep any provider notice and court papers identifying the records requested.
- Record the dates covered and whether the request involved historical or live location data.
- Ask defense counsel to review the order, warrant and any emergency justification through case discovery.
What could change this answer?
- The type and duration of location collection matter.
- Private access to an account is a different legal issue from government acquisition.
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Must an officer give Miranda warnings immediately at every arrest?Federal rule · specific setting
Federal rule · specific setting
For this situationPolice questioning when a person is in custody for Miranda purposes.
Miranda generally concerns custodial interrogation. Arrest alone does not mean warnings must precede every action or spontaneous statement.
What to do next
- If you do not want questioning, clearly say you are remaining silent and want a lawyer.
- Avoid volunteering explanations while waiting for advice.
- Tell counsel when restraint began, what was asked, when warnings occurred and what you answered.
What could change this answer?
- Custody and interrogation are separate requirements.
- Exceptions and later questioning can affect whether a statement is usable.
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Is saying maybe I need a lawyer enough to stop a custodial interview?Federal rule · specific setting
Federal rule · specific setting
For this situationCustodial police interrogation after Miranda warnings and a waiver.
After a Miranda waiver, an ambiguous remark may not require questioning to stop. Clearly request a lawyer.
What to do next
- Say plainly, I want a lawyer before answering questions.
- Stop discussing the incident while waiting for legal advice.
- Remember your exact words and the questions that followed, and relay them to counsel.
What could change this answer?
- Whether a prior waiver was valid is a separate issue.
- Restarting a discussion yourself can affect later interrogation analysis.
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Can police use unusual thermal technology to learn details inside my home without a warrant?Federal rule · specific setting
Federal rule · specific setting
For this situationGovernment thermal imaging of a home under the circumstances addressed in Kyllo.
Using technology not in general public use to obtain interior-home information otherwise requiring physical intrusion is a search, ordinarily requiring a warrant.
What to do next
- Keep any warrant affidavit identifying thermal or other sensing equipment.
- Write down what you know about the device and when it was used without approaching investigators.
- Ask counsel to examine how the information was obtained and whether it supported a later warrant.
What could change this answer?
- Ordinary visual observation presents different rules.
- The technology’s use and whether it reveals interior details are important.
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Is bringing a drug-sniffing dog onto a home’s porch treated like an ordinary knock?Federal rule · specific setting
Federal rule · specific setting
For this situationA police drug-dog investigation on a home’s porch or protected curtilage.
No. Bringing a trained dog into the home’s protected surrounding area to investigate its contents is a Fourth Amendment search.
What to do next
- Do not approach or interfere with the dog or officers.
- Preserve footage showing where they walked and what investigative activity occurred.
- Give counsel photographs of the property layout and any search warrant that followed.
What could change this answer?
- Whether an area is protected curtilage matters.
- A warrant or another valid exception can authorize investigative entry.
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Should I receive paperwork when federal officers take property under a search warrant?Federal rule · specific setting
Federal rule · specific setting
For this situationA search warrant executed under Federal Rule of Criminal Procedure 41.
Rule 41 ordinarily requires a warrant copy and receipt to be given to the affected person or left at the search location.
What to do next
- Ask where the warrant copy and property receipt will be provided.
- Photograph and safely store the paperwork, noting items missing from the receipt.
- Ask the issuing court for the inventory when appropriate and give discrepancies to counsel.
What could change this answer?
- A receipt is not a ruling that the seizure was lawful.
- Electronic-media inventories may describe the device rather than every copied file.
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How can I ask a federal court to return seized property?Federal rule · specific setting
Federal rule · specific setting
For this situationA person seeking return of property through Federal Rule of Criminal Procedure 41(g).
Rule 41(g) permits a motion for return of property in the federal district where it was seized.
What to do next
- Collect the seizure receipt, ownership evidence and the agency’s case number.
- Ask the agency or prosecutor about return and preserve the response.
- Discuss filing a Rule 41(g) motion in the seizure district, identifying each item and your right to possess it.
What could change this answer?
- The court can impose conditions preserving evidentiary access.
- A separate forfeiture notice can impose deadlines that this request does not stop.
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How do I request a lawyer if I cannot afford one in a federal criminal case?Federal rule · specific setting
Federal rule · specific setting
For this situationA federal criminal proceeding in which appointment under the Criminal Justice Act is authorized.
Ask the judge for appointed counsel. The court determines financial eligibility, commonly using the CJA 23 Financial Affidavit.
What to do next
- Tell the judge at your appearance that you cannot afford counsel and request appointment.
- Provide accurate income, assets, debts and dependent information to the designated court employee.
- Raise any concern about self-incriminating financial information with the court rather than leaving misleading answers.
What could change this answer?
- The court can revisit eligibility if finances change.
- Ordinary immigration removal proceedings do not carry this same appointed-counsel entitlement.
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What should happen after an arrest on a federal criminal charge?Federal rule · specific setting
Federal rule · specific setting
For this situationAn arrest governed by Federal Rule of Criminal Procedure 5.
The defendant must be taken before a judicial officer without unnecessary delay, subject to applicable exceptions.
What to do next
- Request counsel and tell the court if you cannot afford representation.
- Listen for the charges, release decision and next court date; request interpretation if needed.
- Give your lawyer a timeline from arrest to appearance and any questioning during that period.
What could change this answer?
- Arrest in a different district can require transfer procedures.
- Probation or supervised-release violations follow a different rule.
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When is a preliminary hearing due after a federal criminal initial appearance?Federal rule · specific setting
Federal rule · specific setting
For this situationFederal criminal defendants whose charges require a Rule 5.1 preliminary hearing.
When Rule 5.1 requires one, it is ordinarily due within 14 days if detained or 21 days if released, measured from the initial appearance.
What to do next
- Ask counsel whether the charge and charging document require this hearing.
- Record the initial-appearance date and whether you are in custody.
- Review any proposed waiver or extension with counsel and confirm the next scheduled proceeding.
What could change this answer?
- A later indictment can remove the hearing requirement.
- Consent and good cause affect extensions; extraordinary circumstances are required without consent.
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Can a federal criminal defendant request a court interpreter?Federal rule · specific setting
Federal rule · specific setting
For this situationFederal judicial proceedings instituted by the United States under 28 USC § 1827.
Yes. The court must use a qualified interpreter when the statutory language or hearing-related need inhibits understanding or communication.
What to do next
- Tell counsel and the courtroom deputy the language, dialect or hearing-related communication need early.
- Ask that the need be raised with the judge and official interpretation arranged.
- Tell counsel promptly if interpretation is inaccurate or you cannot follow the proceedings.
What could change this answer?
- Availability can determine whether a certified or otherwise qualified interpreter is used.
- Privately initiated civil litigation has different funding and appointment rules.
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Can I ask to change a federal pretrial release condition that I cannot meet?Federal rule · specific setting
Federal rule · specific setting
For this situationA person released before trial under 18 USC § 3142.
Yes. The judicial officer may amend release conditions, but the existing order remains binding until changed.
What to do next
- Read the written condition and document the specific conflict, dates and proposed alternative.
- Contact defense counsel and pretrial services before acting contrary to the order.
- Seek court approval where required and keep the written amendment with your release papers.
What could change this answer?
- Safety and appearance concerns guide release decisions.
- A condition allowing advance approval by pretrial services may permit that route within its terms.
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Where can I report suspected criminal civil-rights abuse by an officer?Federal rule · specific setting
Federal rule · specific setting
For this situationSuspected willful deprivation of federal rights by someone acting under color of law.
Report suspected criminal law-enforcement misconduct to the FBI, including through its tips portal.
What to do next
- If safe, record the agency, officers, date, location and specific conduct.
- Preserve original evidence and identify witnesses without coordinating their accounts.
- Submit a factual report through FBI Tips and keep the confirmation and copies for counsel.
What could change this answer?
- A policy disagreement alone may not establish a federal crime.
- State disciplinary complaints can proceed through separate agencies.
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How do I complain about a Virginia State Police employee?Background reading
Background reading
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Virginia law
For this situationA complaint about a Virginia State Police employee’s conduct.
Use Virginia State Police Internal Affairs or a supervisor, including the SP-163 complaint process.
What to do next
- Write the date, location, employee description and specific conduct you observed.
- Submit the SP-163 information through Internal Affairs or contact a State Police supervisor.
- Keep the submitted material and acknowledgment; provide original evidence through the investigator’s requested channel.
What could change this answer?
- Local police and sheriff complaints go to their respective agencies.
- A criminal charge or civil claim has separate procedures and deadlines.
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How long do I have to file a complaint with DC’s Office of Police Complaints?Background reading
Background reading
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District of Columbia law
For this situationCovered incidents in DC involving MPD or DC Housing Authority Police officers.
OPC generally must receive a completed, signed complaint within 90 days of the incident.
What to do next
- Record the incident date, location and facts supporting the complaint.
- Submit the completed signed form through OPC’s filing route and retain confirmation.
- If the deadline has passed, contact OPC promptly about whether a good-cause extension is available.
What could change this answer?
- The officer’s agency and category of misconduct affect jurisdiction.
- Filing with another organization may not satisfy OPC’s receipt requirement.
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Can I file an NYC police misconduct complaint if I only witnessed it or do not know the officer’s badge number?Background reading
Background reading
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New York law
For this situationWitnesses or affected people reporting NYPD force, abuse of authority, discourtesy or offensive language.
Yes. NYC’s CCRB accepts complaints from witnesses, and an officer’s name or shield number is not required to start.
What to do next
- Record the time, precise location and observable details identifying the officer or vehicle.
- Use CCRB’s online, telephone, mail or in-person complaint route.
- Provide your evidence and safe contact details so investigators can ask follow-up questions.
What could change this answer?
- Citizenship is not a filing requirement and CCRB does not ask immigration status.
- Unknown identifying details can make a detailed incident account especially important.
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Where do I report suspected corruption by an NYPD employee?Background reading
Background reading
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New York law
For this situationSuspected corruption involving NYPD employees.
NYPD’s Internal Affairs Bureau receives reports of corruption and serious misconduct, including anonymous reports.
What to do next
- Write the specific conduct, dates and any identifying information without guessing at missing facts.
- Contact IAB through the official reporting instructions, including its 24-hour telephone route.
- Preserve documents and messages and tell investigators where originals can be obtained safely.
What could change this answer?
- A force or discourtesy complaint may instead fall within CCRB’s role.
- Immediate danger calls for emergency assistance rather than waiting for an administrative response.
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What should I do first during a traffic stop?Background reading
Background reading
Pull over safely. Keep your hands visible.
Once safely stopped, explain before moving your hands to retrieve documents. This is general orientation for a driver, not a passenger, border inspection or immigration checkpoint.
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What documents might a driver be asked for?Background reading
Background reading
As the driver, be ready to provide driving documents when requested.
Driving-document requests commonly include a license, registration and insurance. This card does not determine your state’s stop-and-identify rule or immigration-document obligations.
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Virginia law
For this situationYou are the driver during a stop on a Virginia highway.
In Virginia, carry your driver’s license or qualifying permit and the vehicle’s physical registration card. Show the requested documents to the officer.
What to do next
- Pull over safely, park and keep your hands visible. Remain in the vehicle unless directed otherwise.
- Say where the documents are before reaching. Retrieve them slowly.
- If required to establish identity, this statute also requires writing your name in the officer’s presence.
Words you can use
My license is in my wallet and the registration is in the glove compartment. May I reach for them?
Replace the brackets with your details. Keep only what is true for you.
What could change this answer?
- Section 46.2-104 does not list proof of insurance. Other rules may apply.
- If cited for failing to display documents, the statute has a court-presentation procedure. Read the citation and section carefully; costs can still apply.
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Can I say no to a search?Background reading
Background reading
You can say that you do not consent to a search.
Permission is only one possible basis for a search. Its legality depends on the facts and applicable law. Keep your account of what was said for later review.
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What should I write down after a police stop?Background reading
Background reading
Start with what was said and when; agency, badge, or vehicle details if known; witnesses and original recordings.
Keep your own observations separate from what someone told you. These are preparation steps, not a finding about your rights or eligibility.
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Work & wages
When should I get overtime pay?Background reading
Background reading
Most employees covered by federal overtime rules who are not exempt must receive at least 1½ times their regular pay rate for hours worked over 40 in a workweek.
Compare your hours for each workweek with your pay statement. A two-week total can hide a week of unpaid overtime.
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Where can I report unpaid wages?Background reading
Background reading
You can contact the US Department of Labor’s Wage and Hour Division. Its complaint page explains how to contact an office and what information to gather.
Have your employer’s name, work location, dates, hours and pay details ready. Keep copies of your records.
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Can my employer punish me for a wage complaint?Background reading
Background reading
Federal wage law prohibits retaliation for protected complaints or participation in an investigation. Keep a record of threats, changed hours or other treatment after you raise the issue.
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My employer makes me clock out for a 10-minute rest break. Should that time count?Federal rule · specific setting
Federal rule · specific setting
For this situationAn ordinary short rest break offered by an employer to an employee covered by federal minimum-wage and overtime rules.
For covered, nonexempt employees, employer-provided short rest breaks, usually 5 to 20 minutes, generally count as paid work time and toward overtime.
What to do next
- Record the start and end of each break, whether it was authorized, and how the timecard treated it.
- Compare your actual weekly hours with paid hours. Save the break policy and pay statements before asking payroll for a correction.
- If the deduction remains unexplained, contact the Wage and Hour Division with your employer’s name, work location, dates, and records.
What could change this answer?
- A longer meal period during which you are relieved of work is different from a short rest break.
- Unauthorized extra break time can be excluded when the employer clearly communicated its duration and consequences. State break requirements may add protection.
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Can my employer refuse overtime pay because I did not get advance approval?Federal rule · specific setting
Federal rule · specific setting
For this situationA covered, nonexempt employee who actually performed compensable overtime, including work the employer knew or had reason to know about.
A rule requiring advance approval does not erase pay owed for compensable overtime the employer required or permitted. Coverage, exemption status, and actual hours still matter.
What to do next
- Write down the work performed, exact hours, and who assigned it or knew it was happening. Keep relevant messages.
- Submit an accurate time record and ask payroll in writing to identify any hours excluded solely for lack of approval.
- Contact the Wage and Hour Division if the employer refuses to count those hours. Bring the policy and weekly pay records.
What could change this answer?
- An overtime exemption or a special statutory work-period rule can change the calculation.
- Whether the employer knew or should have known about unreported work matters; preserve evidence and use the employer’s reporting process.
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Our manager takes a share of the staff tip jar. Is that allowed?Federal rule · specific setting
Federal rule · specific setting
For this situationEmployee tips at a workplace covered by the Fair Labor Standards Act, including shared jars and mandatory tip pools.
A manager or supervisor who meets the federal duties test cannot keep other employees’ tips or receive money from their tip pool, even if the employer pays everyone the full minimum wage.
What to do next
- Save the written pooling policy and records showing how tips were collected and distributed. Note which workers contributed.
- List the manager’s actual duties, such as directing workers and meaningful hiring or firing authority, rather than relying on their title.
- Ask payroll to explain the distribution, then contact the Wage and Hour Division if a manager is receiving pooled staff tips.
What could change this answer?
- Tips for service a manager directly and solely performs differ from money produced by shared staff work.
- Whether someone meets the manager or supervisor test depends on duties; certain actively managing owners also qualify.
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Can a required uniform deduction push my pay below the federal minimum wage?Federal rule · specific setting
Federal rule · specific setting
For this situationA uniform required by the employer, the nature of the work, or law, where federal wage requirements cover the employee.
For a covered employee, employer-required uniform costs cannot reduce pay below the federal minimum wage or cut into required overtime compensation. Requiring cash reimbursement does not avoid those limits.
What to do next
- Keep the uniform requirement, purchase or cleaning receipt, and the pay statement showing any deduction. Record cash repayments too.
- Compare each affected workweek’s wages and hours, including overtime. Do not rely only on the total for a two-week paycheck.
- Ask payroll to explain and correct a deduction that reduced required pay. Contact the Wage and Hour Division if it remains unresolved.
What could change this answer?
- A deduction that leaves all federally required minimum and overtime pay intact needs separate state-law or contract analysis.
- Who required the clothing and whether it is an employer business expense can affect the rule.
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Federal rule. State or local protections may add to it. Legal review pending.
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My workplace offered a bathroom for pumping milk. Does that meet federal law?Federal rule · specific setting
Federal rule · specific setting
For this situationAn employee protected by federal pumping-break requirements during the first year after the child’s birth, including eligible employees working remotely.
For employees protected by the PUMP Act, the employer must provide a functional pumping space other than a bathroom, shielded from view and free from intrusion, for one year after childbirth.
What to do next
- Tell your employer when you need pumping breaks and that the offered space is a bathroom. Keep a dated copy.
- Ask for an available private room or temporary space and a way to prevent coworkers or customers from entering.
- Contact the Wage and Hour Division if the employer refuses. Describe the space, timing, job, and employer size so coverage can be checked.
What could change this answer?
- Certain employers with fewer than 50 employees may claim an undue-hardship exemption; it is not automatic.
- Pay depends on whether you are relieved of duty and the employer’s paid-break practices. Other laws may protect a longer period.
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My doctor cannot finish my FMLA certification within 15 days. What should I do?Federal rule · specific setting
Federal rule · specific setting
For this situationAn FMLA-eligible employee whose covered employer requested certification for the employee’s or a qualifying family member’s serious health condition.
An employer generally must allow at least 15 calendar days for requested medical certification. If diligent, good-faith efforts cannot meet that deadline, the employee is entitled to additional time.
What to do next
- Send the certification request to your provider promptly and save appointment, message, and follow-up records.
- Before the deadline, tell the employer what you have done, why the provider cannot finish, and the expected completion date.
- Request additional time in writing and deliver the complete certification as soon as possible. Keep delivery proof and contact WHD if protection is denied.
What could change this answer?
- An avoidable delay without diligent efforts can result in a gap in FMLA protection.
- A missing or incomplete certification is different from an employer questioning an otherwise complete certification. Ask which information is needed.
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I missed two hours for approved FMLA care. Can my employer subtract a whole day?Federal rule · specific setting
Federal rule · specific setting
For this situationA worker using qualifying FMLA leave for part of a scheduled day, rather than an entire workweek.
An employer generally may count only FMLA leave actually taken. It must use the smallest leave increment it allows for other leave, and that increment cannot exceed one hour.
What to do next
- Save the schedule, actual departure and return times, and the notice approving or designating the leave.
- Ask the leave administrator for the balance calculation and the smallest increment used for other kinds of leave.
- Request correction of time charged beyond the qualifying absence. If unresolved, give the records to the Wage and Hour Division.
What could change this answer?
- Required overtime you could not work for an FMLA reason may count; optional overtime follows different rules.
- Your normal schedule, periods when the business closes, and any genuine inability to start or stop work mid-shift can affect the amount counted.
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Can a one-day migraine flare qualify for FMLA even without a doctor visit that day?Federal rule · specific setting
Federal rule · specific setting
For this situationAn eligible employee of a covered employer who cannot work because of a chronic condition meeting the federal FMLA serious-health-condition rules.
A qualifying chronic serious health condition can support FMLA leave for an episode of incapacity even when the absence is shorter than three days and no provider visit occurs during that episode.
What to do next
- Discuss recurring episodes and work limitations with your treating provider, including the condition’s ongoing treatment needs.
- Tell the leave administrator that the absence relates to the condition covered by your FMLA request. Follow the normal call-in process when possible.
- If certification is requested, provide it on time and keep absence dates and responses. Contact WHD if leave is rejected solely because one episode lasted only a day.
What could change this answer?
- Chronic conditions require periodic provider visits, generally at least twice yearly, and continue over an extended period.
- Not every headache or brief illness qualifies. Existing certification, treatment history, and actual inability to work affect the answer.
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Can I report an unsafe machine to OSHA without my employer getting my name?Federal rule · specific setting
Federal rule · specific setting
For this situationWorkers or their representatives reporting hazards at workplaces covered by federal OSHA or an OSHA-approved state plan.
You can request that OSHA keep your name confidential when filing a workplace safety or health complaint. Describe the serious hazard and the workplace precisely.
What to do next
- Write down the machine or hazard, location, tasks affected, and when workers are exposed. Preserve records you can lawfully obtain.
- Use OSHA’s safety complaint route and expressly request that your name not be revealed to the employer. Include a safe contact method.
- Respond to OSHA’s follow-up. For an imminent life-threatening situation, call 800-321-6742 instead of waiting for a web submission.
What could change this answer?
- OSHA coverage and the responsible office depend on employer type, industry, and whether an approved state plan applies.
- A complaint about retaliation is a separate process with a short deadline and cannot remain anonymous to the employer.
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I was fired after reporting a safety hazard. How long do I have to contact OSHA?Federal rule · specific setting
Federal rule · specific setting
For this situationA worker covered by federal OSH Act retaliation protection who experienced adverse action for protected workplace safety activity.
A retaliation complaint under section 11(c) of the federal Occupational Safety and Health Act generally must be filed within 30 days after you learn of the adverse action.
What to do next
- Record when you learned of the firing, reduced hours, discipline, or threat. Preserve the notice and your earlier safety report.
- Promptly file through OSHA’s whistleblower route or call 800-321-6742. Explain the safety activity, employer knowledge, and resulting action.
- Save confirmation and respond to OSHA’s contact requests. Provide supporting documents and witness information through the investigator’s instructions.
What could change this answer?
- This 30-day rule is specific to section 11(c); federal employees and other statutory claims can follow different processes.
- OSHA retaliation complaints are not anonymous. If investigated, your employer is told about the complaint and may respond.
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I am pregnant. Can my employer demand a doctor’s note just to let me carry water?Federal rule · specific setting
Federal rule · specific setting
For this situationA currently pregnant employee or applicant seeking these simple adjustments from an employer covered by the PWFA, generally with at least 15 employees.
Under the PWFA regulation, an employer cannot require supporting documentation when a currently pregnant worker requests water, food or restroom breaks, carrying drinking water, or sitting or standing as needed.
What to do next
- Explain the pregnancy-related limitation and the specific adjustment, such as carrying a water bottle during the shift.
- If a note is demanded, ask the accommodation contact to review the EEOC documentation guidance and keep a copy of the request and response.
- If access is denied or you are penalized, contact the EEOC promptly through its charge process. Keep the relevant schedules and discipline notices.
What could change this answer?
- Documentation rules differ for other requests and circumstances; this guide covers the listed adjustments during pregnancy.
- A different effective accommodation or a legally supported undue-hardship issue may require further discussion.
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HR is investigating discrimination. Does that pause my deadline to file with the EEOC?Federal rule · specific setting
Federal rule · specific setting
For this situationA private-sector or state/local government worker considering an EEOC charge while another process investigates the same discrimination concern.
Generally, no. An internal grievance, union process, arbitration, or mediation does not extend the EEOC charge deadline, usually 180 days or 300 days where qualifying state or local law applies.
What to do next
- List each alleged discriminatory action and its date, along with when you complained internally. Save the HR correspondence.
- Contact the EEOC now to determine the applicable deadline and begin its charge process while HR continues reviewing.
- If the deadline is close, call 800-669-4000 for urgent assistance and confirm whether a signed charge has actually been filed. Keep that confirmation.
What could change this answer?
- Age claims use a different test for the 300-day extension; federal employment has a separate process.
- Different acts can have separate deadlines, while ongoing harassment has special timing rules. Do not calculate solely from the final HR response.
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I was fired from a California office job. Can my employer wait until payday to pay me?Background reading
Background reading
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California law
For this situationA directly employed California private-sector office worker who is fired, outside special industry rules.
For an ordinary covered employee who is discharged, earned wages, including accrued unused vacation, are due immediately.
What to do next
- Record the discharge date and time and keep the termination message.
- Compare the final payment with unpaid hours and earned unused vacation. Request any shortfall in writing.
- Use the California Labor Commissioner’s wage-claim instructions if wages remain unpaid. Attach your pay records and termination evidence.
What could change this answer?
- Quitting has different deadlines, including a 72-hour rule when adequate advance notice was not given.
- Film production, oil drilling, certain seasonal work and some union agreements have special payment provisions.
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I quit my California job without 72 hours’ notice. When is my final pay due?Background reading
Background reading
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California law
For this situationA California private-sector employee who quits an ordinary job without a fixed-term written employment contract.
For a covered employee without a written contract for a definite term, final wages and earned unused vacation are due within 72 hours after quitting without at least 72 hours’ notice.
What to do next
- Keep a dated copy of your resignation and record when your employment ended.
- Ask where to collect the final payment, or request mailing to a specified address. Keep the request.
- Check wages and vacation against your records. Use the Labor Commissioner’s wage-claim process for an unpaid balance.
What could change this answer?
- With at least 72 hours’ advance notice, final pay is due when you quit.
- Fixed-term contracts and special industry provisions require a separate review of the payment deadline.
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Does California’s minimum paid sick leave mean 40 hours or five workdays?Background reading
Background reading
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California law
For this situationAn ordinary California private-sector employee who works at least 30 days for the same employer within a year and is outside a statutory exemption.
The annual use allowance must generally be at least 40 hours or five days, whichever is greater, once the leave has been earned or provided upfront.
What to do next
- Check your employer’s leave year, accrual or upfront policy, and available balance.
- After the usual 90-day employment waiting period, request available leave for a qualifying purpose. Keep the request and response.
- If leave is denied or unpaid, save the policy, pay statements and hours, then consult the Labor Commissioner’s claim instructions.
What could change this answer?
- A ten-hour workday means five days is 50 hours; the greater amount controls.
- Local laws can provide more leave. Certain collective bargaining agreements, railroad work and qualifying aircrew arrangements have different coverage.
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Can a new part-time New York employee use paid leave for prenatal appointments?Background reading
Background reading
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New York law
For this situationA New York private-sector employee receiving covered pregnancy-related healthcare, regardless of employer size.
Yes. Covered private-sector employees have 20 hours of paid prenatal leave in a 52-week period, including new and part-time employees. This leave does not need to accrue first.
What to do next
- Request Paid Prenatal Leave through the employer’s normal leave procedure and identify the appointment time needed.
- Track hours used and the date of first use, which starts the 52-week period.
- Keep a denial or pay shortfall and use the New York Department of Labor Paid Prenatal Leave complaint form if necessary.
What could change this answer?
- The 20 hours are separate from sick leave; the employer cannot require using other leave first.
- A second pregnancy does not restart the allowance within the same 52-week period. Fertility treatment and end-of-pregnancy care can qualify.
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Which form can I use for ordinary unpaid wages from a New York job?Background reading
Background reading
Choose New York to read this local rule and its limits.
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New York law
For this situationAn ordinary private-sector employee seeking earned wages for work performed in New York, rather than a sales-commission or independent-contractor dispute.
New York Department of Labor uses Labor Standards Complaint Form LS223 for covered unpaid-wage complaints. Its intake rules exclude some workers and disputes.
What to do next
- List each unpaid pay period, hours, agreed rate, payments received and employer’s legal name and address.
- Read the Department of Labor’s intake exclusions, then complete and sign LS223 with supporting copies.
- Submit by the method stated in the current form instructions. Save the submission and respond to the investigator’s requests.
What could change this answer?
- The agency excludes government employment, claims already filed in court and matters subject to a union grievance procedure.
- The agency excludes executive, administrative or professional employees earning over $1,300 per week. Benefit claims have additional intake restrictions.
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After leaving a Maryland job, when should I receive my last earned wages?Background reading
Background reading
Choose Maryland to read this local rule and its limits.
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Maryland law
For this situationA Maryland employee seeking earned wages after quitting or being discharged.
Earned wages are due by the regular payday on which they would have been paid if you had stayed employed.
What to do next
- Keep your separation date, pay schedule, hours and vacation policy as provided when hired.
- After the scheduled payday, request missing wages and the employer’s calculation in writing.
- Maryland Labor directs workers still unpaid two weeks after the scheduled payday to its signed Wage Claim Form. Save your submission and attachments.
What could change this answer?
- A properly disclosed written policy can limit vacation payout; without such a policy, earned unused vacation can be payable.
- Giving notice of a future resignation does not by itself guarantee pay for unworked future days if the employer ends work sooner.
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Does a Maryland employer have to give me an itemized pay statement?Background reading
Background reading
Choose Maryland to read this local rule and its limits.
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Maryland law
For this situationAn employee paid for work in Maryland, including a worker receiving an electronic pay statement.
Yes. For each payday, a covered employer must provide a written or online statement showing the pay period, rates, gross and net pay, itemized deductions and required employer details.
What to do next
- Save each statement and compare its dates, hours, rates and deductions against your own records.
- Ask payroll in writing for a missing statement or a corrected itemization. Identify the payday and missing fields.
- If the problem continues, contact Maryland Labor’s Wage and Labor Standards Enforcement Unit and keep the statements and correspondence ready.
What could change this answer?
- The employer’s registered name, address and telephone number must appear in the required information.
- A period with no work and no wages does not require a pay statement under this rule; separate sick-leave laws can require leave information.
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Do employees at a small DC office earn paid sick leave?Background reading
Background reading
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District of Columbia law
For this situationA non-student adult employee working entirely in DC for a small private office, rather than an independent contractor or another excluded worker.
A covered employee at an employer with 24 or fewer employees earns at least one hour of paid sick and safe leave per 87 hours worked, up to three days per calendar year.
What to do next
- Ask payroll which employer-size tier applies and how your leave balance is calculated.
- Accrual starts with employment; after 90 days, request available leave for a covered health or safety need. Keep the request.
- For denied leave or unpaid leave hours, use the DC Office of Wage-Hour Accrued Sick and Safe Leave claim form.
What could change this answer?
- Employers with 25 to 99 employees use one hour per 43 hours, up to five days; the largest tier has a higher minimum.
- Certain tipped restaurant workers have a separate five-day rule, and a more generous employer policy can exceed the minimum.
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I was fired from a DC job. When are my earned wages due?Background reading
Background reading
Choose the District of Columbia to read this local rule and its limits.
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District of Columbia law
For this situationA directly employed DC private-sector worker who was discharged, rather than a worker resigning or pursuing a temporary-agency joint-employer claim.
A covered discharged employee must generally receive earned wages no later than the following working day.
What to do next
- Save the discharge notice and record your last day, unpaid hours and usual pay rate.
- Check the next working day for payment and ask payroll in writing for any unpaid earned wages.
- If payment is late, complete the DC Office of Wage-Hour Wage Payment claim form with pay records and the termination date.
What could change this answer?
- For an employee handling employer money, the employer has four days after discharge to determine account accuracy.
- Resignation has a different deadline. Union agreements and some employment arrangements need a separate review.
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My handbook bans discussing my own pay with coworkers. Can that rule be challenged?Federal rule · specific setting
Federal rule · specific setting
For this situationPrivate-sector employees protected by the National Labor Relations Act.
Employees covered by the NLRA generally may discuss wages with coworkers. A rule forbidding those discussions can violate the Act even without a union.
What to do next
- Save the exact handbook rule and any confidentiality agreement.
- Record any warning, who issued it, and whether you were discussing your own compensation.
- Ask an NLRB regional office about the rule and filing a charge promptly.
What could change this answer?
- Neutral limits on conversations during working time can matter.
- Accessing confidential payroll files without permission is different from voluntarily discussing your pay.
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Can coworkers discussing unsafe staffing in a group chat have labor-law protection?Federal rule · specific setting
Federal rule · specific setting
For this situationNLRA-covered employees using social media or messages to address shared workplace concerns.
Online discussion aimed at group action over working conditions can be protected concerted activity, including at a nonunion workplace.
What to do next
- Preserve the full conversation showing the shared concern and proposed action.
- Keep any disciplinary notice and the employer’s explanation.
- Contact the NLRB promptly with context, not just an isolated screenshot.
What could change this answer?
- Knowingly malicious falsehoods and certain serious misconduct can lose protection.
- Coverage and whether you were seeking or supporting collective action affect the result.
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Can nonunion coworkers jointly petition for more predictable schedules?Federal rule · specific setting
Federal rule · specific setting
For this situationCovered private-sector employees bringing a shared scheduling concern.
The NLRA protects covered employees acting together to improve hours and other working conditions. Union membership is not required.
What to do next
- Write the proposed schedule change and invite coworkers to participate voluntarily.
- Keep the petition and evidence that it represents a group concern.
- Document threats or punishment and ask the NLRB about a charge.
What could change this answer?
- A purely personal dispute may lack the required connection to group activity.
- Supervisors, independent contractors, and other excluded workers need a different coverage analysis.
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My union employer wants to question me about possible misconduct. Can I request a representative?Federal rule · specific setting
Federal rule · specific setting
For this situationUnion-represented employees protected by the NLRA during potentially disciplinary questioning.
A union-represented employee may request representation at an investigatory interview they reasonably believe could lead to discipline.
What to do next
- Ask whether the meeting concerns conduct that could lead to your discipline.
- Clearly request your union representative before answering investigative questions.
- Save any refusal and contact the union and NLRB promptly.
Words you can use
I reasonably believe this questioning may lead to discipline, and I request my union representative.
Replace the brackets with your details. Keep only what is true for you.
What could change this answer?
- A meeting only announcing a final disciplinary decision may be different.
- Current NLRB guidance limits this right to union-represented employees.
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Can my employer ban union flyers in the break room during unpaid breaks?Federal rule · specific setting
Federal rule · specific setting
For this situationNLRA-covered employees distributing their own union information.
Covered employees generally may distribute union literature during nonworking time in nonworking areas.
What to do next
- Identify whether both the time and location are nonworking.
- Keep the distribution policy and examples of how it is enforced.
- Contact the NLRB if union literature is prohibited in circumstances the Act protects.
What could change this answer?
- This guide concerns employees, not outside organizers seeking property access.
- Healthcare settings and other special circumstances can require closer analysis.
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I was demoted for organizing months ago. Is there a deadline for an NLRB charge?Federal rule · specific setting
Federal rule · specific setting
For this situationEmployees alleging employer or union violations of the NLRA.
An unfair labor practice charge generally must be filed within six months of the unlawful conduct. Contact the NLRB promptly.
What to do next
- List the demotion date, earlier organizing activity, and when you learned the reason.
- Contact the regional office serving the worksite about filing and service requirements.
- Provide supporting messages and keep the filed charge and confirmation.
What could change this answer?
- Different acts may have different dates.
- NLRB coverage and limited timing exceptions require case-specific review.
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HR demanded my green card even though I offered other valid I-9 documents. What can I do?Federal rule · specific setting
Federal rule · specific setting
For this situationWorkers facing discriminatory document practices during Form I-9 or E-Verify.
Employers may not demand particular or extra I-9 documents because of citizenship status or national origin when the worker presents an acceptable choice of genuine documents.
What to do next
- Save the document demand and note the documents you offered.
- Ask HR to review the I-9 Lists of Acceptable Documents without surrendering originals unnecessarily.
- Contact DOJ’s Immigrant and Employee Rights Section through its charge route.
What could change this answer?
- A lawful reverification requirement differs from discriminatory document demands.
- The stated reason and treatment of comparable workers help establish discrimination.
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Can an employer reject me because customers might dislike my accent?Federal rule · specific setting
Federal rule · specific setting
For this situationApplicants to Title VII-covered employers, generally with at least 15 employees.
An accent may justify a job decision only where effective spoken English is required and the accent materially interferes with job performance. Customer prejudice is not enough.
What to do next
- Save the job description and the exact reason given for rejection.
- Record examples of performing the required communication tasks.
- Contact the EEOC promptly with the decision date and any customer-preference comments.
What could change this answer?
- The actual duties and degree of communication interference matter.
- Federal applicants use their agency’s EEO process with different deadlines.
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My employer forbids speaking another language even during lunch. Is that automatically lawful?Federal rule · specific setting
Federal rule · specific setting
For this situationWorkers covered by Title VII whose employer restricts language use.
An English-only rule must be justified by business necessity under EEOC guidance. A blanket rule covering breaks raises different concerns from a narrowly justified safety instruction.
What to do next
- Get the written rule and identify when and where it applies.
- Record the business reason given and any selective enforcement or discipline.
- Ask the EEOC to assess the restriction and any national-origin discrimination.
What could change this answer?
- A task-specific safety or operational need may justify a limited rule.
- Employer size and whether the rule targets particular nationalities change the analysis.
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An employer accepts White applicants with convictions but rejects similar Black applicants. Is that a civil-rights issue?Federal rule · specific setting
Federal rule · specific setting
For this situationApplicants to employers covered by Title VII.
A covered employer cannot apply criminal-record screening differently because of race or national origin. A criminal record does not remove Title VII protection.
What to do next
- Save the rejection, screening policy, and the record actually used.
- Identify comparable jobs and applicants with similar records without accessing private files improperly.
- Contact the EEOC with the decision date and evidence of unequal treatment.
What could change this answer?
- Offense, timing, qualifications, and job duties affect whether situations are comparable.
- Some jobs have legal disqualifications; an inaccurate background report also has a separate dispute route.
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A job application asks whether cancer runs in my family. Must I answer?Federal rule · specific setting
Federal rule · specific setting
For this situationApplicants to employers covered by GINA, generally with at least 15 employees.
GINA generally prohibits covered employers from requesting genetic information, including family medical history, for hiring decisions.
What to do next
- Save the question and explain that it seeks family medical history.
- Ask the recruiter for a hiring form that omits that information.
- Contact the EEOC if the demand continues or affects the hiring decision.
What could change this answer?
- Your own manifested medical condition is analyzed under other laws, including the ADA.
- Voluntary wellness and family-leave situations have specific exceptions and safeguards.
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Can a recruiter ask for my psychiatric diagnoses before making a job offer?Federal rule · specific setting
Federal rule · specific setting
For this situationApplicants protected by the ADA at the preoffer stage.
A covered employer generally cannot ask disability-related questions or require a medical examination before a conditional offer. It may ask about ability to perform job functions.
What to do next
- Save the questionnaire and confirm whether an offer has actually been made.
- Ask to discuss the job duties and any needed hiring accommodation instead.
- Record the response and contact the EEOC promptly if the demand persists.
What could change this answer?
- Postoffer examinations follow different rules when required consistently for the job category.
- A nonmedical skills test may be permissible even when a medical inquiry is not.
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I asked for a stool because of a disability but did not say ADA. Does the request count?Federal rule · specific setting
Federal rule · specific setting
For this situationQualified applicants or employees of ADA-covered employers.
An accommodation request can use ordinary language. You need to explain that a workplace change is needed for a medical reason; legal terminology is unnecessary.
What to do next
- Describe the work barrier and the medical reason for the change.
- Confirm your request in writing and discuss effective options.
- Provide reasonably needed documentation if the disability or need is not obvious, and contact the EEOC if improperly denied.
What could change this answer?
- Essential job functions and undue hardship affect which changes are required.
- The employer may choose another accommodation if it is effective.
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Can my supervisor tell coworkers my diagnosis to explain my accommodation?Federal rule · specific setting
Federal rule · specific setting
For this situationMedical information obtained by an ADA-covered employer through protected inquiries or accommodation processes.
ADA medical information generally must remain confidential. Coworkers ordinarily are not entitled to your diagnosis or an explanation that reveals a disability.
What to do next
- Record what was disclosed, to whom, and how you learned about it.
- Ask HR to restrict further disclosure and identify its confidentiality procedure.
- Preserve messages and consult the EEOC about the specific information and source.
What could change this answer?
- The circumstances in which the employer obtained the information matter.
- Managers may receive necessary work restrictions without general permission to share diagnoses.
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My disability leave reached the company limit. Must termination be automatic?Federal rule · specific setting
Federal rule · specific setting
For this situationQualified employees with disabilities at ADA-covered employers.
A covered employer may need to consider additional finite leave as an ADA accommodation instead of automatically applying a leave cap. Undue hardship remains a defense.
What to do next
- Before leave expires, request the additional period and explain its medical purpose.
- Provide an estimated return date and discuss possible work adjustments with HR.
- Keep the response and seek EEOC assistance promptly if a blanket cap ends the discussion.
What could change this answer?
- An indefinite inability to predict return is different from a supported finite request.
- Prior leave, operational impact, and ability to perform essential functions matter.
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Can I be denied promotion because my manager assumes my disabled child will distract me?Federal rule · specific setting
Federal rule · specific setting
For this situationQualified workers at ADA-covered employers denied opportunities because of a known association.
The ADA prohibits adverse decisions based on association with a person with a disability, including stereotypes about a caregiver’s reliability.
What to do next
- Save the promotion criteria and your relevant performance records.
- Write down comments connecting the decision to your child’s disability.
- Contact the EEOC with the decision date and explanation.
What could change this answer?
- Actual performance issues can be considered consistently.
- FMLA or other leave rights may apply separately, but the ADA association rule does not create caregiver leave.
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A regular customer keeps making racial slurs and my manager ignores reports. Can the employer be responsible?Federal rule · specific setting
Federal rule · specific setting
For this situationWorkers at employers covered by Title VII reporting customer harassment based on a protected characteristic.
An employer can be responsible for discriminatory customer harassment it knew or should have known about and failed to address promptly and appropriately.
What to do next
- Log the incidents, witnesses, and when management was informed.
- Use the employer’s harassment reporting route and request corrective action.
- Keep responses and contact the EEOC promptly if the conduct continues.
What could change this answer?
- The employer’s control over the customer and response matter.
- Ordinary rudeness unrelated to a protected characteristic follows different rules.
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My harasser and I are the same sex. Can sexual harassment law still apply?Federal rule · specific setting
Federal rule · specific setting
For this situationApplicants or employees at Title VII-covered employers.
Yes. Federal workplace sexual-harassment protection can apply when the harasser and victim are the same sex.
What to do next
- Record the conduct, dates, witnesses, and any job consequences.
- Report through a safe employer channel, using an alternate contact if the supervisor is involved.
- Contact the EEOC promptly and retain the complaint and employer response.
What could change this answer?
- Severity, frequency, context, and whether conduct occurred because of sex matter.
- Employer coverage and federal employment affect the filing route.
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My employer excludes workers over 50 from new software training. Can that be age discrimination?Federal rule · specific setting
Federal rule · specific setting
For this situationWorkers age 40 or older at employers covered by the ADEA, generally with at least 20 employees.
The ADEA generally prohibits denying training because a worker is 40 or older at a covered employer.
What to do next
- Save the training announcement and eligibility criteria.
- Ask for the reason you were excluded and preserve age-related comments.
- Contact the EEOC with your age, employer size, and the decision date.
What could change this answer?
- Federal-sector workers follow a separate EEO process.
- A neutral selection rule may require different analysis from an express age cutoff.
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A man doing substantially the same work earns more, but our titles differ. Does that defeat an Equal Pay Act claim?Federal rule · specific setting
Federal rule · specific setting
For this situationWorkers comparing pay for substantially equal work by men and women in the same establishment.
No. Job content, rather than titles, determines whether work is substantially equal under the Equal Pay Act.
What to do next
- Compare actual duties, skills, effort, responsibility, and working conditions.
- Preserve pay information obtained lawfully and the employer’s explanation.
- Contact the EEOC or legal counsel about both Equal Pay Act and other discrimination deadlines.
What could change this answer?
- Different duties or a valid statutory defense can justify different pay.
- An EEOC charge does not extend the deadline to sue under the Equal Pay Act.
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I supported a coworker’s discrimination complaint and lost shifts. Am I protected too?Federal rule · specific setting
Federal rule · specific setting
For this situationWorkers participating in protected EEO activity at a covered employer.
Federal EEO retaliation protection can cover witnesses and workers answering questions in a discrimination investigation, not just the original complainant.
What to do next
- Save the dates of your participation and the schedule changes.
- Record who knew about your involvement and the reason given for lost shifts.
- Raise retaliation in an EEOC contact promptly, even if the original complaint remains pending.
What could change this answer?
- Evidence linking the change to protected activity matters.
- Coverage and filing deadlines differ for federal employees and different statutes.
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After a two-week military assignment, when must I report back to my civilian job?Federal rule · specific setting
Federal rule · specific setting
For this situationCivilian employees returning from qualifying uniformed service with USERRA reemployment eligibility.
For service under 31 days, USERRA generally requires return for the first full scheduled work period on the next full day after safe travel home and eight hours of rest.
What to do next
- Save service release dates, travel details, and your civilian schedule.
- Notify the employer when safe travel and the rest period end.
- Contact DOL VETS if the employer demands an earlier return or refuses reemployment.
What could change this answer?
- Longer service has different application deadlines.
- Service-related hospitalization or convalescence can extend the return period.
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My pension treats military service as a break in employment. Can I challenge that?Federal rule · specific setting
Federal rule · specific setting
For this situationWorkers reemployed with USERRA rights under a covered retirement plan.
For a person reemployed under USERRA, qualifying military service generally counts for pension participation, vesting, and benefit accrual under the Act’s rules.
What to do next
- Obtain the pension statement, service dates, and reemployment confirmation.
- Ask the plan administrator for the USERRA service-credit and makeup-contribution calculation.
- Contact DOL VETS if service credit or required employer contributions are missing.
What could change this answer?
- Plan type and employee contribution requirements affect the amount owed.
- Makeup contributions have a time limit tied to service length, generally capped at five years.
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Can I keep employer health coverage while away for military service?Federal rule · specific setting
Federal rule · specific setting
For this situationWorkers and eligible dependents covered by an employment health plan before qualifying military absence.
USERRA can allow continued employer-plan coverage for up to 24 months or the service period plus the allowed reemployment-application period, whichever is shorter.
What to do next
- Ask the plan administrator for the USERRA continuation election procedure.
- Confirm the premium, payment dates, and expected coverage end in writing.
- Contact DOL VETS if the election is refused or the premium exceeds the applicable limit.
What could change this answer?
- For service of 30 days or less, only the normal employee premium share may be charged.
- Reemployment eligibility and coverage reinstatement are separate questions from continuation elections.
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My child was unexpectedly hospitalized. Can FMLA be denied just because I gave no 30-day notice?Federal rule · specific setting
Federal rule · specific setting
For this situationFMLA-eligible workers at covered employers facing an unforeseeable qualifying family emergency.
Unexpected qualifying leave requires notice as soon as possible and practical, not an impossible 30-day warning.
What to do next
- Notify the employer promptly once emergency circumstances allow.
- Explain the hospitalization and expected absence rather than only saying someone is sick.
- Keep the timeline and complete requested certification; contact WHD if leave is denied solely for lack of advance warning.
What could change this answer?
- Known planned treatment may require advance notice.
- An avoidable delay or insufficient information can affect protection.
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I returned from FMLA to lower pay and duties. Is any available job enough?Federal rule · specific setting
Federal rule · specific setting
For this situationEmployees returning within protected FMLA leave entitlement.
FMLA generally requires restoration to the same job or an equivalent one with equivalent pay, benefits, and other terms.
What to do next
- Compare old and new pay, duties, schedule, location, and benefits.
- Ask for the reason for the change and retain leave and return notices.
- Contact WHD with the comparison and any evidence connecting the change to leave.
What could change this answer?
- A genuine unrelated layoff can change the result.
- Inability to perform essential functions after leave may require separate ADA analysis.
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Can FMLA cover adoption appointments before the child is placed with me?Federal rule · specific setting
Federal rule · specific setting
For this situationFMLA-eligible employees of covered employers preparing for adoption or foster placement.
Eligible employees can use FMLA for required activities connected to an adoption or foster placement before the placement occurs.
What to do next
- Identify required appointments, court appearances, counseling, or travel dates.
- Tell the leave administrator how each absence connects to placement and give timely notice.
- Keep agency requests and leave responses; contact WHD if preplacement leave is rejected categorically.
What could change this answer?
- Employee eligibility and remaining entitlement still apply.
- Postplacement bonding and medically necessary caregiving have different intermittent-leave rules.
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My grandmother raised me. Can FMLA cover caring for her serious illness?Federal rule · specific setting
Federal rule · specific setting
For this situationEligible employees seeking leave to care for someone who stood in loco parentis to them as children.
A person who acted as your parent when you were a child can qualify as a parent under FMLA even without a biological or legal parent relationship.
What to do next
- Describe the person’s day-to-day parental role during your childhood.
- Tell HR you are requesting leave to care for an FMLA parent and obtain the certification instructions.
- Provide required information and keep the decision; contact WHD if rejected solely because of the family title.
What could change this answer?
- The relative must have a qualifying serious health condition requiring your care.
- A parent-in-law is not automatically an FMLA parent.
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Can FMLA help me arrange childcare when my spouse is deployed abroad?Federal rule · specific setting
Federal rule · specific setting
For this situationEligible employees with a spouse, child, or parent on qualifying covered active duty or notice of such duty.
Qualifying exigency leave can cover certain childcare arrangements and urgent needs arising from a covered family member’s foreign deployment.
What to do next
- Identify the deployment notice and the specific new childcare need.
- Request qualifying exigency leave and ask about certification requirements.
- Keep dates, school or childcare contacts, and the employer’s response; contact WHD if needed.
What could change this answer?
- The military member and child must meet the required relationship rules.
- Deployment type and whether the need arises from deployment affect coverage.
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My employer requires evening job training but calls it unpaid personal development. Does the label decide?Federal rule · specific setting
Federal rule · specific setting
For this situationNonexempt workers required to attend ordinary employer job training.
For covered nonexempt employees, ordinary job training is excluded from paid time only when all required conditions are met, including voluntary attendance and no job relation.
What to do next
- Save the training invitation and any attendance or performance requirement.
- Record training time and work performed during the session.
- Ask payroll to include compensable hours and contact WHD if it refuses.
What could change this answer?
- A truly voluntary, unrelated course outside work hours may be different.
- Overtime exemption status and special program rules affect the answer.
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Should driving from one assigned jobsite to another during the day count as work time?Federal rule · specific setting
Federal rule · specific setting
For this situationNonexempt employees traveling between assigned work locations during their workday.
Travel between jobsites as part of the workday generally counts as hours worked for covered nonexempt employees.
What to do next
- Log departure and arrival times and the employer’s assignment.
- Check whether payroll removed that travel from weekly hours.
- Request a correction and give WHD the schedule and time records if unresolved.
What could change this answer?
- Personal detours and bona fide off-duty periods can change the calculation.
- Overnight trips and special one-day assignments have additional travel rules.
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I worked 50 hours one week and 30 the next. Can payroll average them to avoid overtime?Federal rule · specific setting
Federal rule · specific setting
For this situationCovered nonexempt employees under the ordinary 40-hour workweek rule.
The ordinary FLSA overtime rule applies separately to each workweek. Averaging hours across two or more weeks is generally not permitted.
What to do next
- Identify the employer’s fixed workweek rather than only the paycheck period.
- Separate actual compensable hours and pay for each week.
- Ask payroll about the ten overtime hours and contact WHD if averaging is its explanation.
What could change this answer?
- Hospitals, public safety employment, and other special arrangements may differ.
- An overtime exemption changes the federal entitlement; being salaried alone does not settle it.
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I am 15 and scheduled for 25 hours during a school week. Does federal law limit that?Federal rule · specific setting
Federal rule · specific setting
For this situationFourteen- and fifteen-year-old workers in covered nonagricultural jobs.
In ordinary covered nonagricultural employment, 14- and 15-year-olds generally may work no more than 18 hours in a school week and three hours on a school day.
What to do next
- Save your schedule, age documentation, and the local school calendar.
- Ask the employer to check the federal hours and permitted-job rules.
- Contact WHD with the worksite and actual hours if the schedule remains excessive.
What could change this answer?
- Agricultural employment has different youth rules.
- State protections can be stricter, and time-of-day restrictions also apply.
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My supervisor makes workers wait hours for a restroom. Is that a workplace safety concern?Federal rule · specific setting
Federal rule · specific setting
For this situationWorkers at workplaces covered by OSHA or an approved state plan.
OSHA requires employers to provide prompt access to toilets and avoid unreasonable restrictions on restroom use.
What to do next
- Record requested breaks, actual waiting times, and the staffing or permission rule.
- Raise the specific access problem with the supervisor or safety contact.
- Contact OSHA about persistent unreasonable restrictions, using its safety complaint route.
What could change this answer?
- Worksite layout, mobile work, and applicable sanitation standards matter.
- A disability or pregnancy-related need may also support a separate accommodation request.
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What should I save if my pay looks wrong?Background reading
Background reading
Start with hours and pay statements; relevant messages and policies; a timeline of the treatment.
Keep your own observations separate from what someone told you. These are preparation steps, not a finding about your rights or eligibility.
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My employer withheld my final paycheck. What can I do?Background reading
Background reading
Choose Virginia to read this guide. We have not researched this question for other states.
This is background information, not a state-specific answer. Legal review pending.
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Virginia law
For this situationAn employee seeking earned wages for work in Virginia. Contractor disputes and some types of pay need a different review.
For Virginia work, final earned wages are due by the payday that would have applied if employment continued. You can make a wage claim with the Virginia Department of Labor and Industry (DOLI).
What to do next
- List the unpaid dates, hours, agreed rate, deductions and payments received. Keep paystubs, schedules and messages.
- Send a dated request stating what is missing. Keep a copy.
- In the DOLI portal, choose Payment of Wage Claim. For a paper claim, use the form on DOLI’s wage page, sign it and mail it as instructed. Emailed or faxed forms are not accepted.
- Save your claim confirmation. For filing questions, call 804-786-2706 or email laborlaw@doli.virginia.gov.
Words you can use
For [DATES], I worked [HOURS] at [RATE]. After payments received, my records show [AMOUNT] unpaid, due on [PAYDAY]. Please pay it and provide the calculation for any difference.
Replace the brackets with your details. Keep only what is true for you.
What could change this answer?
- A civil wage action generally has a three-year limit. Do not assume an agency claim preserves every court deadline.
- DOLI directs overtime earned before July 1, 2026 to the US Department of Labor or private litigation.
- July 2026 changes affect additional damages where an employer proves good faith and promptly pays. Extra damages are not automatic.
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Immigration
Who can give me immigration legal advice?Background reading
Background reading
Use a licensed attorney or a representative accredited by the Department of Justice who works through a recognized organization.
Check the person’s credentials before paying. A person who only prepares forms cannot necessarily choose a legal strategy for you.
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Is a notario the same as an immigration lawyer?Background reading
Background reading
No. In the United States, being a notary or calling yourself a notario does not make someone an immigration attorney.
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Can someone guarantee my immigration case will be approved?Background reading
Background reading
Be cautious of anyone promising a guaranteed result or special access to immigration officials. Verify their credentials and the process through official sources before paying.
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My immigration hearing date is unclear. Where can I check it?Federal rule · specific setting
Federal rule · specific setting
For this situationA case in the US immigration court system, not a USCIS benefits application.
Use EOIR’s official case-information system, then compare it with your hearing notice. Court notices are the official source; an online result is not permission to miss a hearing.
What to do next
- Find your A-number on your court papers. Keep it private.
- Open EOIR’s case-information service and check your case.
- Compare the date, place and hearing method with the latest notice; resolve differences with the court.
What could change this answer?
- The system shows only some case information.
- A USCIS receipt-number search is a separate service.
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I moved while my immigration court case is pending. What do I file?Federal rule · specific setting
Federal rule · specific setting
For this situationA person with a pending immigration court case who needs to update contact information.
Submit Form EOIR-33/IC to your immigration court within five working days of a contact-information change. File a separate form for each person with an affected pending case.
What to do next
- Check which court currently handles the case.
- Complete EOIR-33/IC, including its signature and proof-of-service instructions for providing DHS a copy.
- Submit through Respondent Access or the form’s paper process; keep the filed copy and confirmation.
What could change this answer?
- A case before the Board of Immigration Appeals uses EOIR-33/BIA instead.
- Changing your address does not itself move the case to another court.
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My immigration helper is listed as “DHS only.” Can they represent me in immigration court?Federal rule · specific setting
Federal rule · specific setting
For this situationA non-lawyer offering services as a DOJ-accredited representative.
No. Partial accreditation covers DHS matters. A DOJ-accredited representative needs full accreditation to represent you before immigration court or the Board of Immigration Appeals.
What to do next
- Ask for the representative’s full name and organization.
- Use DOJ’s roster to check the accreditation and whether it is limited to DHS.
- For a court case, ask for a fully accredited representative or a licensed attorney.
What could change this answer?
- Accreditation is connected to work through a recognized nonprofit.
- A listed provider may charge a fee or have limited capacity.
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My immigration representative mishandled my court case. Where can I complain?Federal rule · specific setting
Federal rule · specific setting
For this situationProfessional misconduct by an attorney or accredited representative in EOIR proceedings.
For misconduct before EOIR, use Form EOIR-44 and its instructions to report an attorney or accredited representative. Include specific events and supporting copies.
What to do next
- Save the agreement, receipts, messages and relevant court notices.
- Write dates and what the representative did or failed to do.
- Use EOIR-44 and follow the current submission instructions. Keep a copy.
What could change this answer?
- Misconduct before USCIS has a separate DHS route.
- Disagreement with an outcome alone does not prove misconduct.
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Can immigration court provide an interpreter if I cannot follow English?Federal rule · specific setting
Federal rule · specific setting
For this situationA respondent or witness in EOIR removal proceedings.
Yes. Immigration court provides interpretation at government expense when English proficiency is inadequate to understand and participate in removal proceedings.
What to do next
- Request an interpreter no later than 30 days before the hearing when possible, identifying language, dialect and other languages spoken.
- Tell the judge promptly if you cannot understand the interpreter; identify the specific misunderstanding.
- Keep your written request and bring it to the hearing so the court can confirm the arrangements.
What could change this answer?
- A USCIS interview has different interpreter rules.
- Interpretation may be in person or by telephone; the language need remains the same.
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Can I submit a foreign-language birth certificate to immigration court without translating it?Federal rule · specific setting
Federal rule · specific setting
For this situationDocuments filed as evidence in an EOIR immigration court case.
A foreign-language court filing must include a certified English translation.
What to do next
- Keep a legible copy of the complete original, including stamps and reverse sides.
- Obtain a complete English translation and the translator’s signed certification of competence and accuracy.
- Attach the translation and certification to the foreign-language document, and file and serve the packet by your deadline.
What could change this answer?
- English-language documents do not need translation.
- A declaration signed by someone who cannot read English also needs an interpretation certificate.
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My immigration court declaration was written in English, which I do not read. What is required before I sign?Federal rule · specific setting
Federal rule · specific setting
For this situationAn English affidavit or declaration from a person not fluent in English, filed in immigration court.
The declaration must be read to you in a language you understand, with a certificate confirming interpretation and your understanding before signing.
What to do next
- Have a competent interpreter read the entire declaration to you.
- Correct errors before signing and keep the final version.
- Include the interpreter’s certification of competence, accurate interpretation and your understanding with the filing.
What could change this answer?
- A foreign-language declaration instead requires a certified English translation.
- The certificate does not resolve whether the statement’s facts are credible or sufficient evidence.
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Does asking immigration court to postpone a hearing let me skip the original date?Federal rule · specific setting
Federal rule · specific setting
For this situationA respondent requesting postponement of an EOIR hearing.
No. You must attend as scheduled unless the judge grants the continuance.
What to do next
- File a written Motion to Continue explaining the reason, hearing date and supporting evidence.
- Propose workable replacement dates and serve the opposing party as required.
- Check for the court’s decision and keep preparing to attend until an order changes the date.
What could change this answer?
- The judge decides whether the reasons justify a continuance.
- A granted postponement may move the hearing to a date different from the one you proposed.
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I moved far away. Does immigration court automatically transfer my case?Federal rule · specific setting
Federal rule · specific setting
For this situationA respondent seeking to move an EOIR case to another immigration court.
No. A change of venue requires a motion and the immigration judge’s approval.
What to do next
- Prepare a Motion to Change Venue with the next hearing date, fixed address, reasons and supporting documents.
- File the separate EOIR-33/IC address update if needed and serve DHS.
- Continue attending the assigned court unless and until the judge orders the transfer.
What could change this answer?
- The judge must find good cause; moving does not guarantee transfer.
- A remote hearing request is a different request from changing the court responsible for the case.
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Can I ask immigration court for a hearing sooner than the date assigned?Federal rule · specific setting
Federal rule · specific setting
For this situationA respondent with a scheduled EOIR hearing seeking an earlier date.
You can file a Motion to Advance explaining why an earlier hearing is needed. Approval is discretionary.
What to do next
- Write the present hearing date and the concrete reason earlier consideration is necessary.
- Attach relevant support, label the request Motion to Advance and follow court filing and service rules.
- Keep the receipt and any scheduling order; follow the existing calendar until it changes.
What could change this answer?
- The court considers its schedule and your stated reasons.
- A request to postpone uses a Motion to Continue instead.
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My immigration witness cannot travel. Can they testify by video?Federal rule · specific setting
Federal rule · specific setting
For this situationA party planning witness testimony at an individual immigration court hearing.
You may request video testimony by written motion explaining why the witness cannot appear in person. The immigration judge decides.
What to do next
- Gather the witness’s location, availability and reason travel is not possible.
- File a Motion to Present Video Testimony and comply with the witness-list requirements and deadline.
- Confirm the ruling and connection arrangements with the court before the hearing.
What could change this answer?
- Telephone testimony has its own request procedure.
- Remote testimony does not eliminate interpreter needs or the opposing party’s ability to question the witness.
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Do I have to send DHS a copy of documents I file in immigration court?Federal rule · specific setting
Federal rule · specific setting
For this situationA party filing documents in an EOIR immigration court case.
Usually yes. When all parties use ECAS for the filing, the system performs service; otherwise an identical copy must be served separately.
What to do next
- Determine whether this document is being filed through ECAS in an eligible case.
- If separate service is required, send an identical copy to the proper opposing counsel office.
- Include a certificate stating how service occurred, including ECAS service when applicable, and retain proof.
What could change this answer?
- DHS is considered an ECAS participant.
- A paper document can still require separate service even when other filings are electronic.
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I mailed immigration court papers on the deadline. Are they timely?Federal rule · specific setting
Federal rule · specific setting
For this situationA paper filing with an EOIR immigration court.
The court generally uses receipt, not mailing, as the filing date.
What to do next
- Check the deadline and the correct filing location, which may be an administrative control court.
- Choose delivery early enough for the court to receive the papers, with sufficient postage.
- Keep tracking and a date-stamped receipt; contact the court promptly about a rejected or missing filing.
What could change this answer?
- Electronic filings follow the applicable ECAS rules.
- Unexpected court closure can extend qualifying deadlines, but ordinary postal delay usually does not.
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Can immigration court give me more time to file evidence?Federal rule · specific setting
Federal rule · specific setting
For this situationA party unable to meet an immigration judge’s filing deadline.
A judge can extend certain court-set deadlines on motion. The deadline changes only when the motion is granted.
What to do next
- Submit a Motion for Extension early enough to arrive by the original deadline.
- State your diligence, reasons, present deadline, proposed new date and DHS’s position if known.
- Keep working toward the original deadline until you receive an order granting more time.
What could change this answer?
- An unopposed motion is not automatically granted.
- The consequences of lateness differ for applications, exhibits, witness lists and motions.
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Do I need a FOIA request to inspect my active immigration court file?Federal rule · specific setting
Federal rule · specific setting
For this situationA party seeking their own active EOIR record.
No. A party or legal representative can arrange access to the active case’s Record of Proceedings through court or Board staff.
What to do next
- Identify your A-number, court and the records or hearing recordings needed.
- Arrange inspection or request a copy through EOIR’s Record of Proceedings procedure.
- Check the copy against your notices and filings, and give missing-document concerns to your representative promptly.
What could change this answer?
- Nonparties must use EOIR’s FOIA process.
- Official records cannot be removed from EOIR-controlled space.
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The immigration judge discussed something off the record. Can I ask that the result be recorded?Federal rule · specific setting
Federal rule · specific setting
For this situationA party in an electronically recorded EOIR hearing.
Yes. The judge should summarize an authorized off-the-record discussion on the record, and the parties may correct or supplement that summary.
What to do next
- Ask the judge to summarize the off-the-record discussion if no summary is offered.
- Identify any missing agreement, correction or disagreement while the hearing is being recorded.
- Afterward, arrange access to the hearing recording if needed to review the record with counsel.
What could change this answer?
- A transcript is prepared for appropriate appeals, not automatically for every hearing.
- The court’s official record includes filed documents as well as hearing recordings.
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I found important new evidence after an immigration judge’s final order. What procedure may apply?Federal rule · specific setting
Federal rule · specific setting
For this situationA final EOIR immigration judge order when jurisdiction has not moved to the Board on appeal.
A Motion to Reopen asks the judge to consider material new facts or evidence that were unavailable and could not have been presented earlier.
What to do next
- Get the order and identify when the evidence became available and why it could not be presented earlier.
- Seek qualified representation promptly to check jurisdiction, deadline and any exception.
- File the motion with affidavits or other proof and any required relief application, fee or waiver request; confirm receipt.
What could change this answer?
- Changed country conditions and certain other grounds can have exceptions.
- An administratively closed case uses a Motion to Recalendar instead.
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The immigration judge used the wrong law. Is reconsideration different from reopening?Federal rule · specific setting
Federal rule · specific setting
For this situationA party seeking reconsideration by an immigration judge who still has jurisdiction.
Yes. Reconsideration identifies legal or factual error in the existing record; reopening introduces qualifying new facts.
What to do next
- Obtain the written or oral decision and identify the exact error and supporting authority.
- Have qualified counsel check the deadline and whether appeal is also needed.
- File a properly supported Motion to Reconsider with required service and payment or waiver materials.
What could change this answer?
- Filing reconsideration does not extend the appeal deadline.
- You cannot ordinarily seek reconsideration of the denial of a previous reconsideration motion.
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I missed my removal hearing. Can I directly appeal the in-absentia order to the BIA?Federal rule · specific setting
Federal rule · specific setting
For this situationAn in-absentia order in removal proceedings, not older exclusion or deportation proceedings.
The usual route to rescind that order is a Motion to Reopen before the immigration judge, not a direct BIA appeal.
What to do next
- Get the order, hearing notices, address records and evidence explaining the missed hearing.
- Ask qualified counsel to assess lack of notice, exceptional circumstances or qualifying custody.
- File the appropriate motion with evidence and required service; retain proof of receipt and the ruling.
What could change this answer?
- Lack of proper notice or qualifying faultless custody can permit filing at any time.
- Only one rescission motion is generally allowed, so an incomplete filing can have serious consequences.
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How soon must the BIA receive my appeal of an immigration judge’s decision?Federal rule · specific setting
Federal rule · specific setting
For this situationAn appealable immigration judge decision for which appeal was reserved.
Form EOIR-26 generally must reach the BIA within 30 calendar days after an oral decision or the mailing of a written decision.
What to do next
- Record the oral-decision or mailing date and review the order’s appeal instructions.
- Complete EOIR-26 with specific reasons and the required fee or fee-waiver request.
- Serve the opposing party and file through the permitted method early enough to obtain timely receipt.
What could change this answer?
- In-absentia removal orders use a different reopening procedure.
- Specified ECAS outages or a rejected fee-waiver request have special rules; do not assume an ordinary extension is available.
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What happens if I tell the immigration judge that I waive appeal?Federal rule · specific setting
Federal rule · specific setting
For this situationA respondent at the end of immigration court proceedings.
A knowing, voluntary waiver generally makes the decision final and prevents a later appeal.
What to do next
- Ask for interpretation and an explanation of appeal before answering.
- Consult your representative about the decision and whether to reserve appeal.
- If a waiver was not knowing or voluntary, promptly seek help with a timely challenge explaining why it was invalid.
What could change this answer?
- An invalid waiver can be challenged through specified motion or appeal procedures.
- A valid waiver generally cannot simply be withdrawn after a change of mind.
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My immigration case was administratively closed. Is a Motion to Reopen the right way to resume it?Federal rule · specific setting
Federal rule · specific setting
For this situationA party seeking to resume an administratively closed immigration court case.
EOIR specifies a Motion to Recalendar for an administratively closed case.
What to do next
- Find the closure order and record the closure date and reason.
- Prepare a Motion to Recalendar explaining the request and attach the order if available.
- Provide the current address, complete required service and watch for the new scheduling order.
What could change this answer?
- Recalendar motions are not subject to the ordinary reopening time and number limits.
- A final removal order requires analysis of reopening or another remedy instead.
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I made a clerical error in a filed immigration court document. Can I ask to correct it?Federal rule · specific setting
Federal rule · specific setting
For this situationA party correcting a previously filed EOIR court document.
The judge may consider a Motion to Amend in limited situations, including correction of a clerical filing error.
What to do next
- Identify the original filing date, page, incorrect entry and proposed correction.
- Prepare a clearly labeled Motion to Amend explaining the error and supplying the corrected material.
- File and serve it under the court’s rules and keep both versions and the court’s response.
What could change this answer?
- Substantive changes can require a different procedure and supporting evidence.
- A correction request does not guarantee acceptance of an otherwise late filing.
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How do I request disability access for a scheduled USCIS appointment?Federal rule · specific setting
Federal rule · specific setting
For this situationA person needing disability access for a scheduled USCIS appointment.
USCIS has a disability-accommodation request process for interviews, biometrics and oath ceremonies.
What to do next
- Keep the appointment notice and identify the access support needed, such as a sign-language interpreter.
- Use USCIS’s disability-accommodation e-request and provide the appointment and contact details.
- Save confirmation and follow up with the Contact Center if the appointment is approaching without arrangements.
What could change this answer?
- A testing exemption uses Form N-648 and has separate eligibility rules.
- Changing the appointment date requires the applicable rescheduling procedure.
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USCIS misspelled my name on a notice. How can I report its typographic error?Federal rule · specific setting
Federal rule · specific setting
For this situationA USCIS notice, document or card with a suspected agency-created typographic error.
USCIS’s Typographic Error e-request lets you report incorrect information caused by USCIS.
What to do next
- Compare the notice with a copy of the application and identity evidence.
- Submit the USCIS Typographic Error request with the receipt number, incorrect text and correct information.
- Save the service-request number and follow any instructions about returning the original document.
What could change this answer?
- A legal name change after filing is different from a USCIS typo.
- Keep meeting other case deadlines while the correction is pending.
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I cannot attend my USCIS biometrics appointment. Is there a way to reschedule?Federal rule · specific setting
Federal rule · specific setting
For this situationA person with a USCIS biometrics appointment notice.
USCIS permits most biometrics rescheduling requests through a USCIS online account; the Contact Center handles requests the online tool cannot process.
What to do next
- Read the appointment notice and request rescheduling promptly, explaining the reason.
- Use your USCIS online account’s rescheduling tool, or contact USCIS if the tool cannot handle the request.
- Save the request and new notice, and confirm the actual appointment date before traveling.
What could change this answer?
- Some requests cannot be made through the online tool.
- Biometrics required in immigration court proceedings may need coordination with both USCIS and the court.
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I sent USCIS an original document it did not request. How can I ask for it back?Federal rule · specific setting
Federal rule · specific setting
For this situationA person seeking original documents retained in a USCIS file.
Form G-884 requests return of original documents submitted for an immigration or citizenship benefit.
What to do next
- Check the instructions for the application you filed and identify each original and its USCIS file.
- Complete and sign G-884 with the required identity and supporting evidence.
- Submit to the office specified in current instructions and keep a copy and delivery record.
What could change this answer?
- One G-884 can cover multiple documents in one file; separate files require separate requests.
- Originals specifically required by a form are ordinarily returned automatically.
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I lost my naturalization certificate. Must I apply to become a citizen again?Federal rule · specific setting
Federal rule · specific setting
For this situationA naturalized US citizen whose certificate was lost, stolen or destroyed.
No. USCIS Form N-565 is the replacement-document application; losing the certificate does not undo naturalization.
What to do next
- Locate a copy, certificate number, A-number and naturalization date if available.
- Complete N-565 with the reason for replacement, supporting evidence and current filing requirements.
- Keep the receipt and any other existing proof of citizenship while the application is pending.
What could change this answer?
- A USCIS clerical error and a later legal name change require different supporting evidence.
- A passport replacement is handled by the State Department, not N-565.
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Is requesting extra time on a citizenship test the same as requesting a disability exception?Federal rule · specific setting
Federal rule · specific setting
For this situationA naturalization applicant considering a disability exception to English or civics testing.
No. Form N-648 addresses a medical exception from English or civics requirements; an accommodation helps you participate in the test.
What to do next
- Review N-648 with a qualified medical professional authorized to complete the form.
- Identify which testing abilities are affected and ensure the certification answers the required questions.
- Submit the completed certification under USCIS’s current N-400/N-648 instructions and separately request any appointment accommodations.
What could change this answer?
- Inability to understand the oath presents a separate question addressed in the form.
- An interpreter or accessible format may meet the need without a testing exception.
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How can I organize my immigration paperwork?Background reading
Background reading
Start with notices and case numbers; the agency involved; dates and relevant documents.
Keep your own observations separate from what someone told you. These are preparation steps, not a finding about your rights or eligibility.
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Protest & expression
Where is my right to protest strongest?Background reading
Background reading
Public streets, sidewalks and parks have strong free-speech protections. Government can still set lawful limits on time, place and how an event is carried out.
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Do I always need a permit to protest?Background reading
Background reading
Not always. Some events, especially marches that block traffic or large gatherings, may need a permit. Check the rules for the specific location and event.
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Do people protesting against us have rights too?Background reading
Background reading
Yes. Counterprotesters also have free-speech rights. Disagreement does not remove someone’s right to express their view.
Avoid physical confrontation. Document threats or interference from a safe place.
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Our group wants to demonstrate on the National Mall. Do we need a permit?Federal rule · specific setting
Federal rule · specific setting
For this situationA First Amendment demonstration on National Mall and Memorial Parks land managed by NPS.
NPS generally requires a permit for demonstrations with more than 25 people on the parkland it manages there. Smaller groups must still meet the permit exception’s conditions.
What to do next
- Identify the exact site and expected attendance.
- Read NPS’s demonstration conditions and permitted locations.
- If needed, use the permit application linked by NPS and confirm approval before relying on it.
What could change this answer?
- A group of 25 or fewer cannot use the exception as an extension of a larger group.
- Temporary structures beyond small lecterns or speakers’ platforms affect the small-group exception.
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Does a small demonstration always need a permit in a national park outside the National Capital Region?Federal rule · specific setting
Federal rule · specific setting
For this situationFirst Amendment activity under 36 CFR § 2.51 at NPS parks outside the National Capital Region.
A group of 25 or fewer may generally use a designated First Amendment area without a permit if it satisfies the applicable equipment and use limits.
What to do next
- Find the park’s designated demonstration map and local instructions.
- Give the permit office your expected size and equipment list if any condition is unclear.
- Stay within the designated space and consider a permit if reserving the location is important.
What could change this answer?
- Stages, structures or sound systems can trigger a permit requirement.
- A group growing beyond 25 changes the exemption analysis.
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Must an NPS First Amendment demonstration organizer buy liability insurance or pay a permit fee?Federal rule · specific setting
Federal rule · specific setting
For this situationA qualifying NPS First Amendment activity under its demonstration rules.
NPS does not impose cost recovery, insurance, bonding or financial-expenditure conditions for covered First Amendment activities; participants are not charged entrance fees for that activity.
What to do next
- Describe the expressive activity accurately when contacting the park permit office.
- Ask staff to identify any proposed charge and the activity to which it applies.
- Keep the written response and request review if a charge is being applied to the protected demonstration itself.
What could change this answer?
- Selling commercial goods is different from protected expressive activity.
- Park-specific logistics still apply despite the absence of a fee.
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How quickly should NPS decide a completed demonstration permit application outside the National Capital Region?Federal rule · specific setting
Federal rule · specific setting
For this situationA completed NPS demonstration permit application governed by § 2.51.
A permit under 36 CFR § 2.51 must be issued or denied within 10 business days after a complete application is received.
What to do next
- Submit the park’s application early and keep evidence of receipt and completeness.
- Track the 10-business-day decision period and request the decision in writing.
- If approved, sign the draft and obtain the superintendent-signed final permit to carry at the event.
What could change this answer?
- An incomplete submission may not start the decision period.
- Applications may not be submitted more than one year before the planned event.
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Can I distribute advocacy leaflets in Yellowstone National Park?Federal rule · specific setting
Federal rule · specific setting
For this situationExpressive leafleting in Yellowstone’s designated First Amendment areas.
Noncommercial printed material may be distributed in designated First Amendment areas, subject to the park’s applicable permit and use rules.
What to do next
- Use the park map to select a designated location.
- Check group size, equipment and scheduling conditions with the Special Use Office.
- Keep the activity within the approved area and contact yell_sup@nps.gov for required permit arrangements.
What could change this answer?
- Distributing other message-bearing items without payment requests has separate stated conditions.
- Multiple locations or a conflicting reserved activity can require permit review.
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Does DC require advance notice for an immediate spontaneous response to a public event?Background reading
Background reading
Choose DC for this jurisdiction’s answer.
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District of Columbia law
For this situationA spontaneous First Amendment assembly on a District street, sidewalk, public way or District park.
DC’s assembly law exempts immediate, spontaneous expression responding to a public event from advance notice and plan approval.
What to do next
- Confirm whether the site belongs to DC, NPS or another federal authority.
- Keep emergency routes and others’ lawful access clear.
- If questioned, explain the immediate event prompting the gathering and document any enforcement issue afterward.
What could change this answer?
- A planned event may require notice unless another exemption applies.
- Unlawful conduct can be enforced separately even at an exempt assembly.
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What warnings and exit access should MPD provide when dispersing a DC assembly?Background reading
Background reading
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District of Columbia law
For this situationMPD dispersal of an assembly under DC Code § 5-331.07.
MPD must provide understandable warnings, reasonable time and a clear safe exit route. Without imminent injury or significant property damage, at least three warnings, two minutes apart, are required.
What to do next
- Listen for the reason, warning and identified exit route.
- Leave calmly through a safe available route; ask for directions if exits are blocked.
- After reaching safety, record warning times, audibility and blocked routes for counsel or OPC.
What could change this answer?
- Imminent bodily injury or significant property damage permits a single warning.
- A lawful dispersal basis must exist in addition to giving warnings.
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Should MPD treat every protester as responsible when only a few people act unlawfully?Background reading
Background reading
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District of Columbia law
For this situationMPD response to particular unlawful actors at a DC First Amendment assembly.
To the extent reasonably possible, MPD must address the particular people acting unlawfully instead of dispersing an entire assembly.
What to do next
- Move away from violence and avoid obstructing officers or emergency routes.
- Preserve a factual account of your own actions and the location of unlawful conduct.
- Give counsel or OPC specific evidence distinguishing individuals and police responses.
What could change this answer?
- An arrest requires individualized probable cause.
- A significant number or percentage acting unlawfully can change the dispersal analysis.
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What access does DC law provide journalists covering a First Amendment assembly?Background reading
Background reading
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District of Columbia law
For this situationMedia representatives reporting near an assembly handled by DC MPD.
MPD must give media reasonable access, at least the access available to the general public, and reasonably accommodate reporting equipment.
What to do next
- Carry applicable media credentials and identify your reporting role calmly.
- Ask where you may observe and use equipment without obstructing the response.
- Document any denied access, the reason given and how public access compared.
What could change this answer?
- MPD must honor credentials it issues or officially recognizes.
- Federal police on federal property operate under different rules.
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Can I appeal DC’s denial or objectionable conditions on an assembly plan?Background reading
Background reading
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District of Columbia law
For this situationDC assembly-plan denials, pre-event revocations or conditions the applicant finds objectionable.
Yes. An applicant may appeal to the Mayor or the Mayor’s designee, who must decide expeditiously before the planned start and explain the decision in writing.
What to do next
- Obtain the Chief of Police’s written reasons and keep the full application.
- Submit the appeal promptly, identifying the challenged condition and workable requested relief.
- Make the planned start date explicit and request written confirmation of the appeal decision.
What could change this answer?
- This process concerns District-controlled sites.
- Late applications and event logistics can affect what practical alternatives remain.
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Applies only to the setting described in this guide. Legal review pending.
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Is a National Mall demonstration permit enough for a rally on US Capitol Grounds?Federal rule · specific setting
Federal rule · specific setting
For this situationAn organized demonstration proposed on US Capitol Grounds.
No. Capitol Grounds use a separate US Capitol Police application and designated-area system.
What to do next
- Check the USCP demonstration-area map to confirm the boundary and permitted site.
- Complete and sign the Application for Conducting an Event on US Capitol Grounds.
- Contact USCP Special Events about the current guidelines, equipment and authorization before publicizing final logistics.
What could change this answer?
- The exact location controls which agency handles the event.
- Event size, equipment and activity type affect conditions and review.
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Federal rule. State or local protections may add to it. Legal review pending.
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Can a New York public body forbid all audience recording of an open meeting?Background reading
Background reading
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New York law
For this situationA meeting covered by New York’s Open Meetings Law.
No. An open meeting must be open to photography, broadcasting and audio or video recording, subject to reasonable equipment and personnel rules.
What to do next
- Check any posted recording rules and select a position that does not obstruct others.
- Ask for a written copy of restrictions if challenged.
- Keep the restriction and meeting details and request guidance from the Committee on Open Government.
What could change this answer?
- Reasonable equipment-placement rules can be enforced.
- A lawfully closed executive session is outside the public-recording right.
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Must New York public-meeting minutes wait for formal approval before I can see them?Background reading
Background reading
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New York law
For this situationMinutes required by New York Public Officers Law § 106.
No. Open-meeting minutes must be available within two weeks; executive-session action minutes within one week, subject to lawful redactions.
What to do next
- Identify the public body and exact meeting date in your request.
- Ask for the available draft minutes if approval has not occurred.
- Check the agency website and contact its records officer if the statutory period passes without access.
What could change this answer?
- Executive-session minutes are required for formal actions, with protected information omitted.
- An unabridged recording or transcript may satisfy the statutory minutes format.
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Can a New York public body close a meeting simply by announcing executive session?Background reading
Background reading
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New York law
For this situationEntry into executive session under New York Public Officers Law § 105.
It must first take a majority vote of its total membership in an open meeting on a motion identifying the general subjects within a permitted category.
What to do next
- Note the exact motion, stated subject and vote in the open meeting.
- Compare the stated basis with the statutory executive-session categories.
- Preserve the agenda and minutes and seek Committee on Open Government guidance if the explanation is inadequate.
What could change this answer?
- The body cannot formally vote to appropriate public money in executive session.
- An exemption outside § 105 may create a different analysis.
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Can a Virginia public body bar recording of a meeting that must be open?Background reading
Background reading
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Virginia law
For this situationVirginia public-body meetings required to be open under § 2.2-3707.
No. Anyone may record an open portion, though the body may regulate equipment placement and use to prevent interference.
What to do next
- Review the body’s published equipment rules before setting up.
- Place devices so aisles, sight lines and the proceedings remain unobstructed.
- If recording is barred, request the stated legal basis and keep the meeting notice and written response.
What could change this answer?
- Closed-session status changes access.
- A building’s blanket recording prohibition cannot be used for a meeting required to be open.
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Can I ask a Virginia public body to send me all of its meeting notices?Background reading
Background reading
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Virginia law
For this situationNotification requests under Virginia Code § 2.2-3707(F).
Yes. Any person may file an annual written request for direct meeting notification with the public body.
What to do next
- Send the clerk or chief administrator a written annual notice request with the required contact details.
- Ask for email delivery and keep acknowledgment of the request.
- Continue checking the public calendar, especially for special or emergency meetings.
What could change this answer?
- Regular notices are generally posted at least three working days ahead.
- Special, emergency and continued meetings use notice reasonable under the circumstances.
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How can I report a Maryland public body’s suspected Open Meetings Act violation?Background reading
Background reading
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Maryland law
For this situationA suspected Maryland Open Meetings Act violation by a covered public body.
Send a signed, detailed complaint to the Open Meetings Compliance Board, identifying the body, meeting and suspected violation.
What to do next
- Collect the notice, agenda, minutes and relevant recording timestamps.
- Consider asking the body’s staff to explain the apparent problem.
- Send a signed complaint with your return address to the Board and retain the response and any reply deadline.
What could change this answer?
- Private associations are outside this Board’s jurisdiction.
- Court enforcement is separate and may have time limits unaffected by an advisory complaint.
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Does Maryland’s Open Meetings Act guarantee me a speaking turn at every public meeting?Background reading
Background reading
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Maryland law
For this situationPublic attendance at a Maryland meeting covered by the Open Meetings Act.
Generally no. The Act primarily guarantees observation; it does not require ordinary public-comment periods, apart from objections to closing a session.
What to do next
- Read the agenda and the body’s speaking or hearing rules.
- Ask staff whether this proceeding includes public testimony and how to sign up.
- If no speaking period applies, send written views through the body’s published channel and observe without disruption.
What could change this answer?
- A required public hearing can differ from an ordinary meeting.
- Objections to a proposed closed session have a specific role under the Act.
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Must I put my name on a sign-in sheet just to attend a California city council meeting?Background reading
Background reading
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California law
For this situationAttendance at an open California local legislative-body meeting under Government Code § 54953.3.
No. Under the Brown Act, attendance at a covered local legislative-body meeting cannot depend on registering your name or providing personal information.
What to do next
- Ask whether the sign-in sheet is voluntary if its purpose is unclear.
- Calmly request admission without supplying optional personal details.
- Keep a copy or description of the condition and raise it with the clerk or agency counsel afterward.
What could change this answer?
- The Brown Act does not govern every private organization.
- Neutral security and lawful closed-session restrictions present separate issues.
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Can a California city council wait until after voting to let the public comment on an agenda item?Background reading
Background reading
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California law
For this situationAgenda-item comments at covered California local legislative-body meetings under § 54954.3.
The Brown Act generally requires an opportunity to comment before or during consideration of the item.
What to do next
- Identify the agenda number and check the posted speaker procedure.
- Request to comment before the body completes its consideration.
- Preserve the agenda, recording and timing if the only opportunity came after the decision.
What could change this answer?
- Special meetings need not offer the same general off-agenda comment opportunity as regular meetings.
- The committee exception has additional limits for remote attendance and specified subjects, including elections and police oversight.
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Can I make my own recording of an open California local-government meeting?Background reading
Background reading
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California law
For this situationOpen local legislative-body meetings under California Government Code § 54953.5.
Yes, unless the body reasonably finds the recording would persistently disrupt proceedings through noise, lighting or obstructed views.
What to do next
- Use quiet equipment and avoid blocking seats, aisles or views.
- If asked to stop, ask what disruption the body has identified and whether moving equipment resolves it.
- Keep the stated reason and meeting details for a written inquiry to the clerk or agency counsel.
What could change this answer?
- Persistent disruption can justify restrictions.
- State agencies use a different open-meeting statute from local legislative bodies.
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What should I document if something happens at a protest?Background reading
Background reading
Start with location and any posted restrictions; your account and witnesses; original photos or recordings.
Keep your own observations separate from what someone told you. These are preparation steps, not a finding about your rights or eligibility.
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Digital safety
What should I do if my email account is hacked?Background reading
Background reading
Use the provider’s official recovery process. If you can sign in, change your password and check account recovery and forwarding settings.
Secure the email account first if other services send password-reset links there. Let contacts know if someone sent messages pretending to be you.
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What is one simple way to protect my accounts?Background reading
Background reading
Turn on two-step sign-in in your account settings. It adds a second check, so a stolen password alone is less useful to someone trying to get in.
Start with email, banking and other sensitive accounts. Keep recovery codes somewhere safe and separate.
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Can I ask a children’s app to show me and delete the information it collected from my 10-year-old?Federal rule · specific setting
Federal rule · specific setting
For this situationA parent of a child under 13 using a commercial app or site directed to children, or an operator with actual knowledge it collects children’s information.
Yes, when COPPA covers the operator. Parents can review their child’s collected personal information, ask for deletion and refuse further collection or use.
What to do next
- Find the operator’s privacy policy and the contact or procedure for parental access requests. Save a copy.
- Identify the child’s account and request access, deletion and a stop to future collection as desired. Complete reasonable parent-verification steps.
- Retain the request and response. Report a suspected COPPA violation to the FTC if the operator does not address it.
What could change this answer?
- Deleting information may mean the child can no longer use features that require it.
- If information was already deleted, the operator cannot provide records it no longer holds. Ask what remains rather than assuming all past activity is retained.
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Federal rule. State or local protections may add to it. Legal review pending.
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Someone opened a loan in my name. Can I block it from my credit report?Federal rule · specific setting
Federal rule · specific setting
For this situationCredit-report information caused by identity theft, rather than an ordinary disagreement over a debt you incurred.
Yes. A qualifying identity-theft block request requires the reporting company to block fraudulent information within four business days after receiving the required material.
What to do next
- Create an identity-theft report at IdentityTheft.gov and save it securely. Identify every affected account on your reports.
- Send each affected reporting company the report, identity proof and a letter identifying the entries, stating you did not authorize those transactions and requesting a block.
- Keep delivery evidence, review the updated reports and contact the company if the fraudulent entry remains after a complete request.
What could change this answer?
- An ordinary reporting error uses the standard dispute process instead.
- Blocking the report is one recovery step. Contact affected creditors and secure compromised accounts as well; a block does not itself close them.
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I suspect identity theft. Must I contact all three credit bureaus to place a fraud alert?Federal rule · specific setting
Federal rule · specific setting
For this situationSomeone who is, or reasonably suspects they may be, affected by identity theft and wants an initial fraud alert.
No. Contact one nationwide credit bureau for a free initial fraud alert; it must notify the other two. The alert lasts one year and can be renewed.
What to do next
- Use the FTC’s links to reach one of Equifax, Experian or TransUnion and request an initial fraud alert.
- Provide accurate contact information so a lender can verify that a new credit request is really yours. Save confirmation.
- Review your reports for unfamiliar accounts and note the alert’s expiration date so you can renew it if needed.
What could change this answer?
- An extended alert lasts seven years and requires an identity-theft report or police report.
- If you want a credit freeze, contact each bureau separately. Placing one fraud alert is not a request for three freezes.
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A retailer keeps emailing ads after I unsubscribe. How long does it have to stop?Federal rule · specific setting
Federal rule · specific setting
For this situationEmail whose primary purpose is commercial advertising or promotion, covered by the federal CAN-SPAM Act.
Under CAN-SPAM, a covered commercial sender must honor an opt-out request within 10 business days. It cannot charge a fee or require personal information beyond your email address to process the request.
What to do next
- For a legitimate retailer, use its stated unsubscribe method and save the confirmation or a screenshot with the date.
- Keep examples of advertising emails received more than 10 business days later, including sender details.
- Report continued commercial messages or a missing opt-out method to the FTC, and use your email provider’s spam controls.
What could change this answer?
- A sender can offer topic preferences, but must also let you opt out of all its marketing messages.
- Unsubscribing from marketing does not cancel a purchase, subscription contract or necessary account-security notices.
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A Department of Justice record about me has the wrong facts. Can I request a correction?Federal rule · specific setting
Federal rule · specific setting
For this situationA US citizen or lawful permanent resident seeking correction of their own DOJ record in a covered Privacy Act system of records.
The Privacy Act permits requests to amend covered DOJ records about yourself, subject to exemptions. Identify the record, the correction you want and why it is inaccurate, irrelevant, outdated or incomplete.
What to do next
- Identify the DOJ component that holds the record and review its identity-verification and amendment instructions.
- Label the request “Privacy Act Amendment Request,” identify each disputed entry and supply the replacement facts with supporting copies.
- Send it to the component’s Privacy Act office and retain the request, delivery evidence and written determination.
What could change this answer?
- If the record is in several systems, identify them and direct requests to the components maintaining each one.
- DOJ’s Office of Privacy and Civil Liberties must receive a written amendment appeal within 60 days of the denial letter’s date. Follow the letter’s appeal instructions.
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My clinic discovered a breach of my unsecured medical information. When must it tell me?Federal rule · specific setting
Federal rule · specific setting
For this situationA breach of unsecured protected health information for which a HIPAA-covered provider or health plan owes individual notice.
For a reportable HIPAA breach, the covered organization generally must notify affected individuals without unreasonable delay and no later than 60 days after discovery.
What to do next
- Keep the notice and its envelope or email timestamp. Read what information was involved and the protective steps offered.
- Use a verified contact for the organization’s privacy office to ask about missing details or whether your records were affected.
- If you believe required notice was withheld or improperly delayed, use HHS’s privacy complaint process and retain supporting dates.
What could change this answer?
- Individual notice is usually mailed, or emailed if you agreed. Substitute notice can apply when contact information is unavailable.
- A small breach can follow different timing for reporting to HHS; that does not generally postpone notice to affected individuals.
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My bank’s privacy notice offers an opt-out for sharing with other companies. Can I use it after opening the account?Federal rule · specific setting
Federal rule · specific setting
For this situationA financial institution’s notice offering a choice about sharing nonpublic personal information with nonaffiliated third parties.
Yes. You can generally exercise an available federal financial-privacy opt-out later, even if you did not choose it when you opened the account.
What to do next
- Read the notice’s sharing table and identify the rows you may limit.
- Submit the opt-out through the bank’s listed telephone, website or mail method.
- Save confirmation and ask the bank to explain any later sharing you believe violates your choice.
What could change this answer?
- Affiliated-company marketing can involve a separate choice.
- Joint accounts may have special instructions about whether one person’s selection covers everyone.
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A lender says its affiliate-marketing opt-out lasts only one year. Is that enough?Federal rule · specific setting
Federal rule · specific setting
For this situationA covered financial affiliate using another affiliate’s eligibility information to make marketing solicitations.
When the federal affiliate-marketing rule requires an opt-out, the election must last at least five years. The institution may offer a longer or permanent period.
What to do next
- Save the notice showing its stated expiration date.
- Exercise the available opt-out and ask for confirmation of its duration.
- Challenge a shorter period with the institution and provide the notice in a CFPB complaint if unresolved.
What could change this answer?
- The rule contains exceptions, so first confirm that this solicitation is subject to the opt-out.
- A limited opt-out may need renewal after it expires; a company can instead honor it indefinitely.
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I think my phone carrier disclosed my call history without authorization. Where can I complain?Federal rule · specific setting
Federal rule · specific setting
For this situationSuspected improper disclosure of protected calling information by your telephone provider.
Telecommunications carriers and interconnected VoIP providers have federal duties to protect customer proprietary network information, which includes details about your calls.
What to do next
- Save the disclosure notice, account communications and dates without posting call records publicly.
- Ask the carrier’s privacy office what information was disclosed and on what authority.
- Use the FCC complaint center’s phone privacy category and attach relevant redacted evidence.
What could change this answer?
- Authorized account access and legally permitted disclosures require a different analysis.
- An account takeover also calls for immediate password, PIN and recovery-contact changes.
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Can I inspect and correct the personal information my cable operator keeps about me?Federal rule · specific setting
Federal rule · specific setting
For this situationPersonally identifiable information about a cable subscriber maintained by a covered cable operator.
Federal cable privacy law gives subscribers access to covered personal information at reasonable times and a convenient place, with a reasonable opportunity to correct errors.
What to do next
- Find the operator’s subscriber privacy notice and its contact for records inquiries.
- Request access to the covered information and propose a convenient inspection method.
- Identify inaccurate entries in writing, request correction and keep the response.
What could change this answer?
- Anonymous aggregate information is treated differently from identifiable subscriber information.
- The law permits some collection and disclosure without consent, including specified service-related uses.
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A video rental service wants consent to share my rental history hidden in its general terms. Is that sufficient?Federal rule · specific setting
Federal rule · specific setting
For this situationA covered video rental provider disclosing information identifying a consumer and the videos obtained.
For disclosures relying on consent under the Video Privacy Protection Act, written or electronic consent must be distinct from other legal or financial obligations.
What to do next
- Save the proposed consent screen and the service’s privacy terms.
- Ask for a separate choice and instructions to withdraw continuing consent.
- Document any disclosure after withdrawal and obtain legal advice about the specific provider and remedy.
What could change this answer?
- Continuing consent must end within two years unless renewed, or sooner when withdrawn.
- Some disclosures have statutory exceptions and do not depend on this consent.
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My child’s school approved an app. Does that let the app use my 9-year-old’s information for unrelated advertising?Federal rule · specific setting
Federal rule · specific setting
For this situationAn online service collecting information from children under 13 based on school authorization.
No. A school may consent for parents under COPPA only in the educational context, for the school’s use and benefit, without another commercial purpose.
What to do next
- Ask the school which service it approved and obtain its notice about data uses.
- Identify advertising or commercial profiling outside the authorized educational purpose.
- Ask the operator and school to address the use, and report suspected COPPA violations to the FTC.
What could change this answer?
- Separate valid parental consent can change which uses are permitted.
- Teenagers and services outside COPPA coverage require analysis under other applicable rules.
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A children’s game demands my child’s home address to unlock a puzzle. Can it require unnecessary information?Federal rule · specific setting
Federal rule · specific setting
For this situationA child under 13 participating in an online activity covered by COPPA.
A covered operator cannot condition a child’s participation in a game or similar activity on providing more personal information than reasonably necessary for that activity.
What to do next
- Capture the required fields and the activity the child cannot access.
- Ask the operator why each required item is necessary and whether it offers a data-minimal option.
- Avoid supplying extra information while you seek an explanation and report an apparent violation.
What could change this answer?
- Information genuinely necessary for the activity can be required with applicable safeguards.
- A parent’s willingness to consent does not remove COPPA’s prohibition on conditioning participation on excess information.
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Does COPPA cover my 11-year-old’s selfie and precise location, or only names and email addresses?Federal rule · specific setting
Federal rule · specific setting
For this situationA covered online service collecting photos or sufficiently precise location from a child under 13.
It can cover both. A photo containing a child’s image and geolocation sufficient to identify a street and city are personal information under COPPA.
What to do next
- Review the app’s camera and location permissions and its parental notice.
- Ask the operator what it collects, retains and shares, and how it obtained parental consent.
- Disable unneeded permissions and report collection that appears to lack required consent.
What could change this answer?
- Coarse location that does not identify a street and city may be analyzed differently.
- Child-directed services and general-audience services with actual knowledge have different coverage triggers.
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Someone sent a specific online threat to hurt me. Should I only report the account to the platform?Safety & practical steps
Safety & practical steps
For this situationA threatening message that suggests violence or other criminal intimidation.
Use emergency services for immediate danger. A specific threat can also be reported to local law enforcement and the FBI; a platform report is a separate step.
What to do next
- Move to a safe place and call 911 if there is an immediate threat.
- Preserve the original message, account name, dates and available links without engaging the sender.
- Report the facts to law enforcement and use the platform’s threat-reporting process.
What could change this answer?
- Do not open suspicious attachments merely to gather evidence.
- A known person with physical access to you may require a safety plan beyond blocking an account.
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Practical guidance, not a statement of a legal right or a guarantee of an outcome. Legal review pending.
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Someone is threatening to share a teenager’s sexual image unless they pay. What should the teenager do?Safety & practical steps
Safety & practical steps
For this situationA minor facing threats tied to sexual images or demands for more sexual material.
Get help from a trusted adult and report the extortion. Paying or sending more images does not ensure the offender will stop or withhold the material.
What to do next
- Stop sending money or images and involve a trusted adult or trained support person.
- Preserve account names, threats and transaction details; do not forward or download sexual images of minors to collect evidence.
- Report to the FBI and NCMEC, and use the platform’s exploitation-reporting channel.
What could change this answer?
- Blocking alone may leave evidence inaccessible, so safely preserve non-explicit details first.
- The offender may impersonate another teenager or promise deletion after payment.
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Practical guidance, not a statement of a legal right or a guarantee of an outcome. Legal review pending.
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A platform is hosting a nonconsensual intimate image of me. Is there a federal removal deadline?Federal rule · specific setting
Federal rule · specific setting
For this situationA qualifying nonconsensual intimate depiction, including a covered digital forgery, on a covered platform.
Under the TAKE IT DOWN Act, covered platforms must remove qualifying material within 48 hours after a valid removal request and make reasonable efforts to remove known identical copies.
What to do next
- Locate the platform’s designated intimate-image removal process.
- Submit the required contact details, content location, signature and good-faith statement; save the receipt and time.
- If the platform fails its obligations, report that failure to the FTC.
What could change this answer?
- Not every unwanted photograph is a qualifying intimate depiction.
- Threats or immediate physical danger need a separate safety and law-enforcement response.
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Federal rule. State or local protections may add to it. Legal review pending.
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I suspect my partner installed stalkerware on my phone. Should I immediately delete suspicious apps?Safety & practical steps
Safety & practical steps
For this situationSuspected device monitoring by a partner or another person with access to your phone.
Consider your safety first. Removing monitoring software or changing access can alert an abusive person, so seek help from a safer device before making changes.
What to do next
- Use another trusted device to contact a domestic-violence advocate or law enforcement when safe.
- Discuss evidence preservation and a safety plan before removing apps or resetting the phone.
- With support, secure accounts and decide whether to replace or reset the device.
What could change this answer?
- Restoring old apps or settings from a backup can restore the monitoring problem.
- Account sharing and linked cloud accounts can expose information even without stalkerware.
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Practical guidance, not a statement of a legal right or a guarantee of an outcome. Legal review pending.
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A text says my unpaid toll will cause penalties unless I pay through its link today. How do I verify it?Safety & practical steps
Safety & practical steps
For this situationAn unexpected toll-payment text demanding information or urgent payment.
Do not use the text’s link. Check through the toll agency’s official website or a number you already trust; scammers commonly impersonate toll services.
What to do next
- Leave the link unopened and independently locate your toll agency’s contact information.
- Check your account or ask the agency whether a real balance exists.
- Report the message as junk or to 7726, then report the scam to the FTC.
What could change this answer?
- If you entered payment details, contact the financial institution promptly.
- A genuine toll obligation does not disappear because a scam message used the same subject.
Links open the named service. REYETS does not send or file anything.
Practical guidance, not a statement of a legal right or a guarantee of an outcome. Legal review pending.
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I paid through a QR sticker on a parking meter and now suspect it was fake. What should I do?Safety & practical steps
Safety & practical steps
For this situationA suspicious QR payment code on a parking meter or parking sign.
Check the parking operator through an independent trusted channel, then contact your payment provider about the suspected scam. A replacement sticker can send payment to an impostor.
What to do next
- Save the site address, receipt and a safe photo of the sticker.
- Check your account for unauthorized charges and report the transaction to the card issuer or bank.
- Change any password you entered on the fake site and report the scam to the FTC.
What could change this answer?
- If the password was reused elsewhere, change it on those accounts too.
- A familiar logo does not authenticate a QR destination; preview and verify the domain.
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Practical guidance, not a statement of a legal right or a guarantee of an outcome. Legal review pending.
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A pop-up says my computer is infected and gives a support number. Should I call and allow remote access?Safety & practical steps
Safety & practical steps
For this situationAn unexpected browser warning or caller claiming urgent computer repairs are needed.
No. A security warning that tells you to call a phone number is a common tech-support scam. Do not grant remote access or pay the caller.
What to do next
- Close the suspicious page without calling its number or installing its software.
- If access was already granted, end the session and seek help through your device’s trusted support channel.
- Contact your payment provider about any payment and report the scam.
What could change this answer?
- A legitimate software alert may require action, but verify it through the software itself.
- Change exposed passwords from a device you believe is secure.
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Practical guidance, not a statement of a legal right or a guarantee of an outcome. Legal review pending.
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My computer’s files are locked and a message demands cryptocurrency. Does paying guarantee I get them back?Safety & practical steps
Safety & practical steps
For this situationA personal computer or household files apparently encrypted by ransomware.
No. The FBI does not support paying a ransom because payment does not guarantee recovery and can encourage further attacks.
What to do next
- Disconnect the affected device from networks to limit further spread and avoid attaching backup drives.
- Save the ransom message and contact a trusted technical professional about recovery options.
- Report the attack to FBI IC3 with the demand, wallet address and incident details.
What could change this answer?
- Offline backups may help restore files, but first address the infection.
- A claim that files were stolen can be real or a bluff; investigate without assuming either.
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Practical guidance, not a statement of a legal right or a guarantee of an outcome. Legal review pending.
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A shopping site has a padlock while I use public Wi-Fi. Does that prove the store is trustworthy?Safety & practical steps
Safety & practical steps
For this situationUsing a public network to browse or pay on a website.
No. HTTPS helps protect information in transit, including on public Wi-Fi, but a scam website can also use encryption.
What to do next
- Check the actual website address and independently research an unfamiliar seller.
- Keep your device and browser updated and heed certificate or connection warnings.
- If you suspect you paid a fake store, save the transaction and contact the payment provider.
What could change this answer?
- Encryption cannot protect credentials you willingly enter on an impostor site.
- A shared or compromised device poses separate risks even when the connection is encrypted.
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Practical guidance, not a statement of a legal right or a guarantee of an outcome. Legal review pending.
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An old game account was breached, and I used the same password for email. Which account should I secure?Safety & practical steps
Safety & practical steps
For this situationA breach notice involving a password reused across personal accounts.
Secure both, and every account using the same or a similar password. Attackers can try leaked credentials on unrelated services.
What to do next
- Go directly to each affected service and create a unique password, prioritizing email and financial accounts.
- Enable multifactor authentication and review recovery addresses, devices and active sessions.
- Read what information was exposed and follow the FTC’s corresponding recovery guidance.
What could change this answer?
- A stolen Social Security number needs different steps from a leaked password.
- A password manager can help maintain unique passwords, but secure its own account carefully.
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Practical guidance, not a statement of a legal right or a guarantee of an outcome. Legal review pending.
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My phone suddenly lost service and I received a notice that my SIM changed. Could someone be taking over my accounts?Safety & practical steps
Safety & practical steps
For this situationUnexpected loss of mobile service accompanied by a SIM or account-change notice.
Yes. An unauthorized SIM swap can redirect calls and text verification codes. Contact your carrier immediately through a trusted channel.
What to do next
- Ask the carrier to investigate the change, restore your number and secure the account.
- Once control is restored, change affected account passwords and review financial activity.
- Add a carrier PIN and consider an authenticator app or security key for sensitive logins.
What could change this answer?
- Text-message authentication is vulnerable when an attacker controls the phone number.
- Unauthorized withdrawals need prompt bank reporting as well as carrier recovery.
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Practical guidance, not a statement of a legal right or a guarantee of an outcome. Legal review pending.
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An online buyer wants the six-digit code just texted to me to prove I am real. Should I send it?Safety & practical steps
Safety & practical steps
For this situationA marketplace buyer or someone responding to a lost-pet post who asks for a texted code.
No. A scammer can use a verification code to link an account, including Google Voice, to your phone number.
What to do next
- Do not share the code or approve an unexpected sign-in prompt.
- If you shared it, use the affected service’s official recovery instructions to reclaim or unlink your number.
- Report the profile to the marketplace and the scam to the FTC.
What could change this answer?
- The same technique can target services other than Google Voice.
- A legitimate verification you initiated is different, but enter its code only into that trusted service.
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Practical guidance, not a statement of a legal right or a guarantee of an outcome. Legal review pending.
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I searched for my utility’s payment page and paid a sponsored result. How can I tell whether the utility received it?Safety & practical steps
Safety & practical steps
For this situationA bill payment made through an unfamiliar search result instead of the company’s verified site.
Contact the utility through the address on your bill and verify the payment. Search ads can lead to impersonators or third-party services with extra fees and delayed payments.
What to do next
- Save the receipt, website address and any service-fee disclosure.
- Ask the utility whether it received the money and what is needed to keep the account current.
- Contact the payment provider about fraud or an unwanted charge and report misleading impersonation.
What could change this answer?
- Some third-party processors are real but still charge fees or take longer.
- A complaint does not automatically pause the original bill’s due date.
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Practical guidance, not a statement of a legal right or a guarantee of an outcome. Legal review pending.
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My smart speaker keeps recordings of conversations. Can I reduce what it stores?Safety & practical steps
Safety & practical steps
For this situationA personal smart speaker or device using an internet-connected voice assistant.
Review the assistant’s recording controls. Many services let you delete recordings, set automatic deletion, or limit human review; available controls depend on the product.
What to do next
- Open the manufacturer’s account controls and review stored voice activity.
- Delete recordings you do not need and select available retention and review limits.
- Use the physical microphone control for sensitive conversations and secure the linked account.
What could change this answer?
- A device can mistakenly hear its wake word and start recording.
- Other linked accounts and voice-shopping permissions need separate review.
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Practical guidance, not a statement of a legal right or a guarantee of an outcome. Legal review pending.
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I removed a roommate’s name from my home-camera app. How can I check that they no longer have access?Safety & practical steps
Safety & practical steps
For this situationA consumer internet-connected camera with previously shared remote access.
Review all authorized users, shared links and account sessions, then change exposed credentials. Removing one display name may not end every route into the account.
What to do next
- Check account members, permissions, linked devices and recovery contacts.
- Revoke unneeded access, use a unique password and enable multifactor authentication when available.
- Install camera and app updates and verify remote viewing is limited to intended users.
What could change this answer?
- Shared cloud or email credentials may allow access to be restored.
- A camera pointed into sensitive spaces creates privacy risks even when the account is secure.
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Practical guidance, not a statement of a legal right or a guarantee of an outcome. Legal review pending.
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A shopping app requests my precise location all the time. Do I have to allow that to browse?Safety & practical steps
Safety & practical steps
For this situationA personal phone app requesting location access beyond what you want to share.
You can review and limit the app’s device permissions, including location. Whether browsing still works depends on the app; ask why that access is necessary.
What to do next
- Open the phone’s privacy settings and review the app’s current permissions.
- Choose a narrower available location setting or deny access, then test the features you need.
- Read the company’s sharing policy and report misleading privacy claims if its conduct differs.
What could change this answer?
- Navigation and delivery features may need some location information.
- Permission changes may limit future collection without deleting information already held.
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Practical guidance, not a statement of a legal right or a guarantee of an outcome. Legal review pending.
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I am selling my old phone. Is deleting photos enough to protect my information?Safety & practical steps
Safety & practical steps
For this situationA personal phone being sold, donated, recycled or traded in.
No. Back up what you need, follow the manufacturer’s reset instructions, and remove removable SIM or memory cards before transferring the phone.
What to do next
- Back up needed files and ensure you can still access authentication apps and accounts on another device.
- Follow the manufacturer’s sign-out and factory-reset process.
- Remove physical SIM and memory cards, handle any eSIM through official instructions, and check the reset completed.
What could change this answer?
- A phone that will not turn on may require manufacturer help for secure disposal.
- Transferring the device does not automatically cancel a mobile-service contract.
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Practical guidance, not a statement of a legal right or a guarantee of an outcome. Legal review pending.
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A bank rejected my checking-account application using ChexSystems. Is that report part of my usual three credit reports?Federal rule · specific setting
Federal rule · specific setting
For this situationA bank decision based on a checking-account reporting company such as ChexSystems or Early Warning Services.
Checking-account reports are separate specialty consumer reports. You can request a free copy from the reporting company, generally once every 12 months and after qualifying adverse action.
What to do next
- Read the adverse-action notice to identify the reporting company.
- Request its consumer disclosure through that company’s official process.
- Review account ownership, dates and balances, then dispute specific errors with supporting records.
What could change this answer?
- Different banks use different reporting companies, so request the report actually named.
- An accurate negative record may remain even if a bank chooses to reconsider your application.
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Federal rule. State or local protections may add to it. Legal review pending.
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A people-search site publishes my address. Can I remove its listing without paying a removal service?Safety & practical steps
Safety & practical steps
For this situationA commercial people-search listing containing your contact or household information.
Many people-search sites offer their own free opt-out process. Follow the site’s instructions, but understand that removing one listing does not erase public records or other sites.
What to do next
- Find the specific listing and the site’s privacy or opt-out instructions.
- Use the official removal process and provide only the information reasonably needed to identify the listing.
- Save confirmation and periodically check whether the listing has reappeared.
What could change this answer?
- Information may remain visible in relatives’ listings or on different services.
- New data can recreate a listing, and some categories of records may not qualify for the site’s opt-out.
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Practical guidance, not a statement of a legal right or a guarantee of an outcome. Legal review pending.
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My credit report shows a company I never applied to. Does every credit inquiry require my signed permission?Federal rule · specific setting
Federal rule · specific setting
For this situationAn unexplained inquiry appearing on your consumer credit report.
No. Federal law permits access for specified purposes, including some account reviews and collection activity. A company still needs a permissible purpose; curiosity is not enough.
What to do next
- Save the inquiry’s date and the company’s contact details from your report.
- Ask the company which account or permissible purpose supported its access.
- Dispute an unauthorized inquiry with the reporting company and complain to the CFPB if unresolved.
What could change this answer?
- Employment-related reports have separate permission requirements.
- Signs of a fraudulently opened account also call for an identity-theft report and account-security steps.
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Federal rule. State or local protections may add to it. Legal review pending.
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How can I stop credit-card offers mailed because a credit bureau put me on a prescreened list?Federal rule · specific setting
Federal rule · specific setting
For this situationFirm credit or insurance offers based on prescreened lists from participating consumer reporting companies.
Use the official prescreened-offer opt-out service. You can opt out for five years electronically or request permanent removal by completing and returning the signed form.
What to do next
- Go directly to OptOutPrescreen.com rather than responding to a suspicious offer.
- Select the five-year option or complete the permanent-election mail process.
- Save your confirmation and allow time for previously prepared mailing lists to clear.
What could change this answer?
- The election does not harm your credit score.
- Companies using other marketing lists may still contact you.
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I registered my personal number on Do Not Call yesterday. Can I report every sales call immediately?Federal rule · specific setting
Federal rule · specific setting
For this situationA personal telephone number registered on the federal Do Not Call Registry.
The FTC says to allow up to 31 days for sales calls covered by the registry to stop. You can then report covered unwanted sales calls.
What to do next
- Verify registration at the official registry and keep the registration date.
- Tell an identifiable seller to put you on its own do-not-call list as well.
- After the applicable waiting period, report covered sales calls with their dates, numbers and company details.
What could change this answer?
- Political, charitable and certain informational calls are treated differently.
- Illegal robocalls and fraud may be reportable separately without waiting for registry protection.
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Federal rule. State or local protections may add to it. Legal review pending.
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A sales caller says an AI voice can call my cell because it is not a recording. Is that a loophole?Federal rule · specific setting
Federal rule · specific setting
For this situationAn unwanted sales call using a synthetic or cloned voice.
No. The FCC treats AI-generated voices as artificial voices under federal robocall rules. Covered marketing calls still need the required consent.
What to do next
- Avoid sharing personal information or pressing buttons in an unsolicited call.
- Keep the voicemail, date, displayed number and any company or callback information.
- Report the unwanted call to the FCC and identify that it used an apparent artificial voice.
What could change this answer?
- Emergency and other exempt calls can be treated differently.
- A familiar-sounding voice is not reliable proof of the caller’s identity.
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My bank’s real number appeared on caller ID. Does that prove the caller was my bank?Safety & practical steps
Safety & practical steps
For this situationAn incoming call displaying a trusted institution’s number while requesting money or credentials.
No. Caller ID can be spoofed. Hang up and contact the bank through its app, your card or another independently verified channel.
What to do next
- End the call without sharing passwords, codes or payment information.
- Call the bank independently and ask whether it contacted you.
- Save the call details and report suspected spoofing or fraud.
What could change this answer?
- Calling back a number supplied in the same call does not independently verify it.
- A spoofed number may belong to an innocent person or business.
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Practical guidance, not a statement of a legal right or a guarantee of an outcome. Legal review pending.
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My home landline’s telephone company changed without my permission. Where do I challenge it?Federal rule · specific setting
Federal rule · specific setting
For this situationAn unauthorized change of the company providing covered home landline service.
An unauthorized change of a wireline telephone carrier is called slamming. Contact your preferred carrier and file a slamming complaint through the FCC’s process.
What to do next
- Save bills before and after the change and identify the new provider.
- Tell your preferred company the switch was unauthorized and ask how to restore service.
- Dispute resulting charges and submit the carrier-change facts through the FCC complaint center.
What could change this answer?
- Charge remedies depend on the facts and whether money was already paid.
- An authorized switch followed by poor service is a different billing or service dispute.
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My phone bill includes a third-party subscription I never ordered. Can I dispute that charge?Federal rule · specific setting
Federal rule · specific setting
For this situationAn unexplained third-party service or subscription charge on a personal phone bill.
Yes. Unauthorized charges placed on a telephone bill are known as cramming. Ask the carrier and listed billing company to identify and remove the unauthorized charge.
What to do next
- Mark the charge, billing date and third-party contact information on a saved bill.
- Tell the carrier you did not authorize it and request reversal and prevention of future charges.
- Keep complaint numbers and use the FCC billing complaint process if it remains unresolved.
What could change this answer?
- Check whether another authorized account user made the purchase.
- Carrier taxes and legitimate service charges are different from an unauthorized third-party subscription.
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Can my old mobile carrier refuse to transfer my number until I pay the last bill?Federal rule · specific setting
Federal rule · specific setting
For this situationA request to transfer an eligible existing number to a new telephone provider.
A carrier cannot refuse to complete an otherwise valid number port merely while collecting an outstanding balance or termination fee.
What to do next
- Ask the new provider to start the port using accurate account information and any required transfer PIN.
- Keep the old service active until the transfer completes.
- If the old provider cites a balance as the reason for refusal, save that explanation and file an FCC number-porting complaint.
What could change this answer?
- Identity-verification problems or an ineligible number can cause separate difficulties.
- Number portability depends on service and geographic circumstances, so confirm eligibility with the new provider.
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How do I keep a record of online harassment?Background reading
Background reading
Start with full message context and timestamps; profile URLs and report references; original screenshots.
Keep your own observations separate from what someone told you. These are preparation steps, not a finding about your rights or eligibility.
This is background information, not a state-specific answer. Legal review pending.
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Disability & access
Does a disability have to be visible to be protected?Background reading
Background reading
No. The Americans with Disabilities Act can cover physical or mental disabilities, including ones other people cannot see.
Coverage depends on the legal definition and the setting. You do not apply for an ADA membership or card.
This is background information, not a state-specific answer. Legal review pending.
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A restaurant refused my trained service dog. What can I say?Federal rule · specific setting
Federal rule · specific setting
For this situationA trained service dog at a US restaurant or shop covered by the ADA. Housing, employment and airline rules are different.
A restaurant covered by the ADA generally must let your trained service dog accompany you in customer areas, even with a no-pets rule.
What to do next
- If it is safe, ask for a manager and explain the disability-related task your dog is trained to perform. Staff cannot require a certificate or task demonstration.
- Record the business, date, reason given and what you requested. Keep receipts or messages.
- If unresolved, use the DOJ complaint route below or call the ADA information line at 800-514-0301.
Words you can use
This is my service dog. It is trained to [TASK]. May I speak with a manager about access under the ADA?
Replace the brackets with your details. Keep only what is true for you.
What could change this answer?
- If the disability-related need is not obvious, staff may ask whether the dog is required because of a disability and what task it performs.
- DOJ does not investigate every complaint. Opening its form here does not submit anything.
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Do I need a service-dog certificate or vest?Background reading
Background reading
The ADA does not require service-dog certification or a special vest. When the need is not obvious, staff may ask whether the dog is needed because of a disability and what work or task it is trained to do.
This is background information, not a state-specific answer. Legal review pending.
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Is an emotional-support animal a service animal under the ADA?Background reading
Background reading
Comfort alone does not qualify an animal as a service animal under the ADA’s public-access rules. A service dog must be trained to do disability-related work or tasks.
This is background information, not a state-specific answer. Legal review pending.
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Can a doctor require my child to interpret sign language during my appointment?Federal rule · specific setting
Federal rule · specific setting
For this situationA patient with a communication disability receiving care from a provider covered by ADA Title II or Title III.
An ADA-covered provider cannot require you to bring your own interpreter. Reliance on a minor child is limited to an imminent-threat emergency when a qualified interpreter is unavailable.
What to do next
- When scheduling, describe your communication method and request the aid needed for medical history, diagnosis, or treatment discussions.
- If staff demand that your child interpret, ask the office manager to arrange effective communication and document the response.
- Save appointment notices and what happened. If unresolved, use DOJ’s ADA complaint route; explain why the offered method was ineffective.
What could change this answer?
- A narrow emergency exception applies when there is an imminent threat and no qualified interpreter is available.
- An accompanying adult may interpret outside emergencies only at your request, with their agreement, and when appropriate; this exception excludes minors.
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A business says I must pay extra for an ADA-required interpreter. Can it charge me?Federal rule · specific setting
Federal rule · specific setting
For this situationA business or nonprofit serving the public that charges a person with a disability for an accommodation required by ADA Title III.
A public accommodation cannot add a disability surcharge to cover measures it must provide under the ADA, including required auxiliary aids and services.
What to do next
- Ask for an itemized explanation identifying the added charge and the accommodation it supposedly covers. Keep the invoice or price quote.
- Explain that the charge is for disability access and ask the manager to review the ADA’s no-surcharge rule. Request a corrected invoice.
- If unresolved, retain the request, response, and proof of payment or refusal, and submit the facts through DOJ’s ADA complaint instructions.
What could change this answer?
- An ordinary price charged equally for the underlying service differs from a fee imposed for required access.
- The business’s coverage and whether the requested service is actually required can affect the claim.
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I reserved an accessible hotel room. Can the hotel treat its access features as just a preference?Federal rule · specific setting
Federal rule · specific setting
For this situationReservations made through a covered US hotel’s reservation service for an accessible guest room and specified accessibility features.
For covered hotel reservations, the ADA requires reservable accessible features and a specific accessible room to be blocked and held for the customer once reserved under the rule.
What to do next
- Ask the hotel to describe the needed features before booking, such as a roll-in shower, and retain the description.
- Save written confirmation of the accessible room and features, including dates, reservation number, and the hotel’s direct contact.
- If the room is unavailable or lacks promised features, contact the manager, document the response and expenses, and use DOJ’s ADA complaint route if unresolved.
What could change this answer?
- A third-party booking service, individually owned rental unit, or lodging outside ADA coverage requires separate analysis.
- A request added to an ordinary reservation may differ factually from a confirmed accessible-room reservation; keep the actual confirmation.
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Can a museum reject my disability-related powered mobility device under a blanket no-scooters rule?Federal rule · specific setting
Federal rule · specific setting
For this situationA person using a device other than a conventional wheelchair because of a mobility disability at an ADA-covered public facility.
Covered facilities generally must consider other power-driven mobility devices used because of a mobility disability, unless the device type cannot be accommodated under legitimate safety requirements.
What to do next
- Ask for the facility’s mobility-device policy and explain that you use the device because of a mobility disability.
- Discuss practical conditions such as reduced speed or a particular route. Ask what actual safety concern prevents this device’s use.
- Record the device, location, restrictions, and staff response. Use DOJ’s ADA complaint route if a blanket refusal remains unexplained.
What could change this answer?
- A facility may request credible assurance of disability-related use, but a qualifying verbal statement can suffice without a placard.
- Device characteristics and the facility’s physical layout or traffic can change whether this type can be safely accommodated.
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Must I bring someone to lift me onto the doctor’s exam table?Federal rule · specific setting
Federal rule · specific setting
For this situationA patient with a mobility disability seeking an examination from a medical provider covered by the ADA.
An ADA-covered medical provider cannot require you to bring a friend or family member for assistance. The provider must offer reasonable help needed to receive care, which can include safe transfer assistance.
What to do next
- Before the visit, explain the transfer or positioning help needed and ask about an accessible table, lift, and trained staff.
- If told to supply your own helper, ask the practice manager how the office will provide reasonable assistance for an appointment attended alone.
- Keep the appointment details and any refusal. Report unresolved access barriers through DOJ’s ADA complaint route, describing the care you could not receive.
What could change this answer?
- Some people can transfer independently and prefer to do so; staff should discuss assistance with the patient.
- Different examinations require different positioning or equipment. A companion’s presence does not remove the provider’s accessibility obligations.
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I am a deaf parent accompanying my child to the hospital. Do communication rights cover me?Federal rule · specific setting
Federal rule · specific setting
For this situationA parent or other appropriate companion in an ADA-covered healthcare setting.
Effective-communication duties can cover a companion with a disability when the provider appropriately communicates with that companion about the patient.
What to do next
- Explain your role in the child’s care and how you communicate.
- Request an effective aid for the medical discussion and describe any failed alternative.
- Ask the patient advocate for help and report unresolved disability access problems to DOJ.
What could change this answer?
- Patient consent and confidentiality affect what information may be shared.
- The complexity and length of the discussion affect which aid is effective.
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The hospital’s video interpreter keeps freezing. Must I accept it anyway?Federal rule · specific setting
Federal rule · specific setting
For this situationPatients or appropriate companions using sign language at ADA-covered providers.
Video interpreting must meet performance standards and actually provide effective communication. An ineffective connection may require another aid or an on-site interpreter.
What to do next
- Tell staff exactly what is failing, such as frozen hands, delay, or inability to see the screen.
- Ask for repair or an effective alternative before complex nonemergency discussions continue.
- Record the problem and response and contact the provider’s accessibility lead or DOJ.
What could change this answer?
- Positioning, vision loss, and the medical procedure can make video ineffective.
- Urgency and available effective alternatives affect the response.
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A business hangs up whenever my relay interpreter introduces the call. Can I challenge that?Federal rule · specific setting
Federal rule · specific setting
For this situationPeople with hearing or speech disabilities contacting ADA-covered businesses or public services.
ADA-covered entities must accept telecommunications and video relay calls and treat them like other calls.
What to do next
- Keep the date, phone number, and what the employee said before disconnecting.
- Ask a manager to train staff to accept relay calls and complete the transaction.
- Report a recurring refusal to DOJ with the business and service details.
What could change this answer?
- The entity must be covered by the ADA.
- A genuine security issue may require an accessible verification method rather than abandonment of verification.
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I requested live captions for a city hearing. Can the city ignore my preferred communication aid?Federal rule · specific setting
Federal rule · specific setting
For this situationPeople participating in a state or local government hearing covered by ADA Title II.
State and local governments must give primary consideration to the aid requested by a person with a communication disability.
What to do next
- Request the aid early and explain your communication method and the hearing format.
- Ask how any proposed alternative will allow equal participation.
- Contact the ADA coordinator and preserve the request and response for DOJ.
What could change this answer?
- The discussion’s length and complexity affect effectiveness.
- A private business has a consultation duty rather than the same primary-consideration rule.
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A shop says another customer is allergic, so my service dog must leave. Is that enough?Federal rule · specific setting
Federal rule · specific setting
For this situationHandlers of qualifying service dogs at ADA-covered public accommodations.
Allergies or fear of dogs alone are not valid reasons to deny a service animal. The business should try to accommodate both people.
What to do next
- Explain that the dog performs disability-related tasks and remains under control.
- Suggest practical separation of the customers if needed.
- Document the stated allergy-only refusal and contact DOJ if access is denied.
What could change this answer?
- The rule concerns trained service animals, not pets.
- A direct threat or fundamental alteration requires an individualized assessment.
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Can a hotel ban my service dog from the pool deck?Federal rule · specific setting
Federal rule · specific setting
For this situationService-dog handlers at ADA-covered hotels, gyms, or public pools.
A qualifying service animal generally must be allowed on a pool deck where other guests may go. The ADA does not require allowing dogs in the pool water.
What to do next
- Clarify whether the restriction concerns the deck or the water.
- Ask the manager to permit the controlled animal on the deck.
- Save the policy and any denial and use DOJ’s ADA complaint route if unresolved.
What could change this answer?
- Actual disruptive behavior can justify exclusion of the animal.
- A place of worship or another exempt facility may have different coverage.
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My hotel charged a special cleaning fee for service-dog hair. Can I dispute it?Federal rule · specific setting
Federal rule · specific setting
For this situationGuests using qualifying service animals at ADA-covered hotels.
A hotel cannot impose a service-animal cleaning charge for ordinary hair or dander. It may charge for actual damage on the same terms as other guests.
What to do next
- Request an itemized bill distinguishing cleaning from specific damage.
- Dispute a hair-or-dander fee with the manager and keep receipts.
- Report unresolved disability-related charges to DOJ, including the stated fee policy.
What could change this answer?
- Evidence of actual damage can change the answer.
- A uniformly charged ordinary room fee is different from a service-animal surcharge.
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I am hospitalized and temporarily cannot feed my service dog. Can staff immediately remove it?Federal rule · specific setting
Federal rule · specific setting
For this situationHospital patients with service animals who temporarily cannot supervise or care for them.
The hospital must first give you an opportunity to arrange the dog’s care. A friend or family member may help; staff are not required to provide animal care.
What to do next
- Identify a trusted person who can provide feeding, toileting, and supervision.
- Tell the hospital the proposed arrangement and ask for a reasonable opportunity to implement it.
- Keep communications and contact the hospital advocate or DOJ about an immediate blanket removal.
What could change this answer?
- Actual control, safety, and infection-sensitive areas may affect access.
- The hospital need not take over ongoing animal-care duties.
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If my service dog is properly removed for being uncontrolled, can the business refuse to serve me too?Federal rule · specific setting
Federal rule · specific setting
For this situationA service-animal handler at an ADA-covered business after lawful animal exclusion.
When exclusion of the animal is justified, the business must still offer you the opportunity to obtain goods or services without the animal present.
What to do next
- Ask the business to identify the specific conduct supporting removal.
- Arrange safe care for the dog and request service without it.
- Record any refusal directed at you personally and contact DOJ if unresolved.
What could change this answer?
- Your own serious misconduct can create a separate basis for refusal.
- Whether the animal was actually uncontrolled or not housebroken affects whether removal was lawful.
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Everyone else buys concert tickets online, but wheelchair seats require a phone call. Is that equal access?Federal rule · specific setting
Federal rule · specific setting
For this situationPeople purchasing accessible seating at covered ticketed venues.
Accessible tickets generally must be sold through the same methods, during the same hours, and on the same terms as other tickets.
What to do next
- Capture the ordinary and accessible purchasing options before the sale closes.
- Ask the seller for equal online access and describe the seat features needed.
- Preserve the response and submit an ADA complaint about unequal sales methods.
What could change this answer?
- Different ticket outlets may have their own inventory.
- The rule does not guarantee an already sold seat or a particular price category.
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Can I buy nearby tickets for three companions when I need wheelchair seating?Federal rule · specific setting
Federal rule · specific setting
For this situationAccessible-seat purchasers at covered venues with individually sold tickets.
Generally, a buyer of an accessible seat may purchase up to three contiguous companion seats in the same row, subject to availability and general ticket limits.
What to do next
- Ask for the accessible seat and companion seats together.
- Check the seating map and ask about the nearest available alternatives.
- Keep the sales limit and response if seeking DOJ review.
What could change this answer?
- A general limit below four tickets also applies to accessible-seat buyers.
- Larger group sales and sold-out adjoining seats have distinct rules.
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A ticket seller demands a doctor’s letter for wheelchair seating. Is that permitted?Federal rule · specific setting
Federal rule · specific setting
For this situationCustomers buying accessible tickets from covered venues or third-party sellers.
Venues cannot require proof of disability to buy accessible seats. They may ask whether the purchaser needs, or buys for someone needing, the accessible features.
What to do next
- Save the demand for medical proof and the ticket listing.
- Offer the permitted statement about needing the seat’s features without sending a full medical record.
- Ask the seller to correct its process and report an unresolved barrier to DOJ.
What could change this answer?
- Season or series tickets can involve a written attestation.
- Accessible seats are intended for people needing their specific features and companions.
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I bought a resale ticket but now need an accessible seat. Can I ask the venue to exchange it?Federal rule · specific setting
Federal rule · specific setting
For this situationPeople needing accessible seating who purchased through the secondary ticket market.
A venue must allow exchange of a secondary-market nonaccessible ticket for a comparable accessible seat if one is available.
What to do next
- Contact the venue with the ticket details and necessary accessible features.
- Ask whether a comparable accessible seat is available for exchange.
- Keep the response and any conflicting availability information for an ADA complaint.
What could change this answer?
- Actual inventory and comparability matter.
- Buying a ticket does not guarantee an accessible seat when none is available.
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The only accessible fitting room is full of boxes. Can a store keep it that way?Federal rule · specific setting
Federal rule · specific setting
For this situationCustomers needing an accessible fitting room at an ADA-covered store.
Required accessible features must remain usable. DOJ guidance says accessible fitting rooms should not be cluttered with merchandise or supplies.
What to do next
- Ask staff to clear the accessible room and explain the space needed.
- Record whether the storage is routine or a short temporary interruption.
- Contact management and then DOJ if the room remains unavailable.
What could change this answer?
- Facility design requirements depend on construction and alteration history.
- A temporary obstruction with prompt assistance differs from routine permanent storage.
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A shop says it predates the ADA, so it never has to address its entrance step. Is that correct?Federal rule · specific setting
Federal rule · specific setting
For this situationPublic accommodations in existing buildings covered by ADA Title III.
Existing businesses have an ongoing duty to remove architectural barriers when readily achievable, meaning without much difficulty or expense. Age alone is not an exemption.
What to do next
- Describe the entrance barrier and ask what accessible entry or service is available.
- Request consideration of practical barrier-removal options.
- Save the response and submit details to DOJ if the business relies only on building age.
What could change this answer?
- Business resources and the proposed work affect what is readily achievable.
- New construction and alterations have separate accessibility standards.
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A city benefit interview is upstairs without an elevator. Can I request a different location?Federal rule · specific setting
Federal rule · specific setting
For this situationPeople with mobility disabilities using a city or county program.
A city must provide access to its program when viewed as a whole. Moving an interview to an accessible location can be an appropriate solution.
What to do next
- Explain the access barrier before the appointment and request an accessible location.
- Ask the agency’s ADA coordinator to arrange equivalent participation.
- Keep missed-service consequences and the response for a DOJ complaint if necessary.
What could change this answer?
- The nature of the service and available alternatives matter.
- New or altered facilities have separate structural requirements.
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A childcare center excludes every child who needs diabetes medication. Can I request an individual assessment?Federal rule · specific setting
Federal rule · specific setting
For this situationFamilies applying to public or nonreligious private childcare covered by the ADA.
An ADA-covered childcare center must consider the child’s individual needs and reasonable policy modifications, rather than categorically excluding children with diabetes.
What to do next
- Provide the child’s care plan and explain the specific assistance needed.
- Discuss training, written instructions, and reasonable ways to provide safe participation.
- Request the reason for denial and contact DOJ if the decision is a blanket diagnosis-based exclusion.
What could change this answer?
- The actual tasks, staffing demands, and objective safety evidence matter.
- Religiously operated centers can have different ADA coverage.
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A center diapers toddlers but rejects my older child who needs diapering because of disability. What can I request?Federal rule · specific setting
Federal rule · specific setting
For this situationChildren with disabilities seeking access to ADA-covered childcare.
Centers that provide diapering generally must consider modifying age-based toileting rules for a child whose disability causes the need.
What to do next
- Explain how disability affects toileting and what help is needed.
- Discuss the center’s existing diapering practices and safe staffing arrangements.
- Ask for an individualized written response and contact DOJ about a categorical age-based refusal.
What could change this answer?
- Leaving other children unattended can affect reasonableness.
- A program providing no personal toileting services at all requires a different analysis and possible alternate arrangements.
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I had extended time on a similar admissions test. Must I start disability documentation from scratch?Federal rule · specific setting
Federal rule · specific setting
For this situationApplicants requesting disability accommodations on covered admissions, licensing, or certification examinations.
DOJ says testing entities should generally grant the same accommodation on a similar high-stakes test when prior approval and current disability-related need are documented.
What to do next
- Submit prior approval and a statement of your current need before the test deadline.
- Identify how the requested adjustment applies to this examination.
- Use the testing entity’s appeal route and contact DOJ about unjustified documentation barriers.
What could change this answer?
- Different test formats may require different aids.
- A person without prior formal accommodations can still qualify on other evidence.
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I qualify for ADA paratransit at home. Can another city make me complete its full application for a short visit?Federal rule · specific setting
Federal rule · specific setting
For this situationVisitors with disabilities using a public system’s ADA complementary paratransit.
Covered transit systems must provide eligible visitors complementary paratransit for up to 21 days in a 365-day period without requiring local eligibility certification first.
What to do next
- Send the destination system your home eligibility documentation and travel dates.
- Confirm booking procedures, service boundaries, and visitor days already used.
- Contact FTA if a full local application is demanded before qualifying visitor service.
What could change this answer?
- Longer visits can require the local eligibility process.
- Visitors without home certification can provide other permitted documentation and a statement of inability to use fixed routes.
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My complete paratransit application has been pending over 21 days. Can I request service meanwhile?Federal rule · specific setting
Federal rule · specific setting
For this situationApplicants for ADA complementary paratransit eligibility.
If no eligibility determination is made within 21 days after a complete application, the applicant must be treated as eligible until a denial is issued.
What to do next
- Keep proof of the completed application and any required assessment.
- Ask the eligibility office for interim service under the 21-day rule.
- Document the response and contact FTA if service remains denied without a determination.
What could change this answer?
- Missing information may affect when the application is complete.
- A later written denial brings separate appeal rights and deadlines.
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Can ADA paratransit charge four times the equivalent regular bus fare?Federal rule · specific setting
Federal rule · specific setting
For this situationADA-eligible riders using federally required complementary paratransit.
The fare for required complementary paratransit generally cannot exceed twice the full fixed-route fare for a comparable trip.
What to do next
- Save the paratransit charge and the comparable fixed-route fare and route.
- Ask the agency how it calculated the fare for that trip.
- Contact FTA with both fare schedules if the required-service fare exceeds the limit.
What could change this answer?
- Comparable distance and time of day matter.
- Service beyond ADA minimum requirements or agency-negotiated trips can need separate analysis.
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I am blind and asked the driver to announce my stop. Is that required?Federal rule · specific setting
Federal rule · specific setting
For this situationRiders with disabilities on covered fixed-route transit.
Fixed-route transit personnel must announce a stop requested by a rider with a disability, in addition to required major stops and orientation announcements.
What to do next
- Request the stop announcement when boarding and identify the destination.
- If it is missed, note the route, vehicle, time, and resulting problem.
- Report the incident to the transit agency and FTA if recurring or unresolved.
What could change this answer?
- The rule covers audible announcements by staff or a recording system.
- Other assistance needs may require a separate reasonable-modification request.
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I use a walker. Can a bus driver demand my diagnosis before deploying the ramp?Federal rule · specific setting
Federal rule · specific setting
For this situationRiders with disabilities who have difficulty boarding steps on covered fixed-route vehicles.
No. Riders with disabilities who do not use wheelchairs may use a fixed-route vehicle’s lift or ramp without disclosing their diagnosis.
What to do next
- Ask the driver to deploy the ramp or lift.
- Record any refusal or medical-information demand with the route and vehicle details.
- Ask the transit accessibility office to correct the practice and use FTA’s complaint route if needed.
What could change this answer?
- An actual equipment failure requires a different operational response.
- This rule concerns boarding equipment, not eligibility certification for complementary paratransit.
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What should I keep after an accommodation is refused?Background reading
Background reading
Start with what access or accommodation was requested; responses and dates; the service or organization involved.
Keep your own observations separate from what someone told you. These are preparation steps, not a finding about your rights or eligibility.
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Housing
What kinds of housing discrimination does federal law prohibit?Background reading
Background reading
The Fair Housing Act prohibits covered housing discrimination based on race, color, national origin, religion, sex, disability or having children in the household.
The law can apply to renting, buying, mortgages and other housing services.
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Where can I report housing discrimination?Background reading
Background reading
Report it through HUD’s housing discrimination page or call 1-800-669-9777. Include what happened, when, the property and who was involved.
HUD also explains accessible reporting options and protections against retaliation on the linked page.
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My apartment has unassigned parking. Can I request a nearby reserved space for my disability?Federal rule · specific setting
Federal rule · specific setting
For this situationA resident with a disability seeking an exception to an unassigned-parking policy at housing covered by the Fair Housing Act.
Yes. In housing covered by the Fair Housing Act, reserving an available accessible space can be a required reasonable accommodation when disability makes it necessary to use and enjoy your home.
What to do next
- Ask the manager for an identified nearby space and explain how the distance affects your disability-related access.
- Put the request in writing for your records and keep any response, though no special phrase or form is essential.
- If refused, ask for the reason and discuss an effective alternative. Preserve the request and denial for HUD.
What could change this answer?
- If both the disability and need are obvious, the provider should not demand extra disability documentation.
- If they are not apparent, reliable information establishing the disability-related need may be requested; full medical records are usually unnecessary.
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Can my landlord forbid disability-related grab bars because the lease bans alterations?Federal rule · specific setting
Federal rule · specific setting
For this situationA disability-related structural change, such as bathroom grab bars, in a rental home covered by the Fair Housing Act.
A landlord covered by the Fair Housing Act generally must permit a reasonable modification needed because of a disability. In ordinary private housing, the tenant usually pays for that modification.
What to do next
- Describe the proposed installation and explain why it is needed for disability-related use of the home.
- Discuss the work plan, necessary permits and proper installation with the landlord. Keep approval and cost arrangements in writing.
- Clarify any lawful restoration requirement before work begins, and keep records if permission is refused.
What could change this answer?
- Federally assisted housing can have additional Section 504 obligations that change who pays.
- Restoration is not automatic for every modification. Removing grab bars may be reasonable while removing wall reinforcement ordinarily is not.
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A landlord rejected me because a background check lists someone else’s eviction. What can I get?Federal rule · specific setting
Federal rule · specific setting
For this situationA rental decision based at least partly on a consumer or tenant screening report, under the Fair Credit Reporting Act.
You are entitled to the screening company’s contact information and notice of your dispute rights. Request a free copy of the report from that company within 60 days of the adverse action.
What to do next
- Save the denial and ask the landlord for the screening company’s name, address and telephone number.
- Request the free report within 60 days. Compare names, birth dates and court information with your own records.
- Dispute the mistaken identity with the screening company, attach supporting copies, and tell the landlord you are challenging the error.
What could change this answer?
- Adverse action can include requiring a cosigner, higher rent or a larger deposit because of the report.
- The company generally has 30 days to investigate, with up to 45 days in some cases; an urgent rental deadline does not shorten that federal period.
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My subsidized landlord demands a police report before recognizing domestic-violence protections. Is that required?Federal rule · specific setting
Federal rule · specific setting
For this situationSurvivors of domestic violence, dating violence, sexual assault or stalking in a VAWA-covered housing program, regardless of sex.
Generally no. In a covered housing program, a survivor may choose from permitted documentation, including HUD’s self-certification form. A provider normally cannot insist on a police report.
What to do next
- Identify your housing program and ask for the Notice of Occupancy Rights and HUD-5382 certification form.
- If documentation is requested, keep the dated written request and check its deadline. Select a permitted documentation option that fits your situation.
- Keep a secure copy of what you provide and its delivery date. Ask HUD about a refusal to accept permitted documentation.
What could change this answer?
- These program-specific protections do not cover every private rental. Confirm the program before relying on them.
- VAWA information has confidentiality protections, with exceptions including written consent, eviction proceedings and disclosures required by law.
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A maintenance worker says he will fix my heat only if I have sex with him. Is that housing discrimination?Federal rule · specific setting
Federal rule · specific setting
For this situationSexual demands or other unlawful sexual harassment connected to obtaining or keeping housing, repairs or housing services.
Conditioning repairs on sexual conduct is a form of sexual harassment in housing that can violate the Fair Housing Act. You can report conduct by maintenance workers, managers or landlords to DOJ or HUD.
What to do next
- Save messages, repair requests and the words used, with dates and the person’s role. Keep copies somewhere they cannot access.
- Write down witnesses and any withheld repair, threatened eviction or other housing consequence.
- Use DOJ’s reporting route or contact HUD. Explain both the sexual conduct and the housing benefit or penalty involved.
What could change this answer?
- The conduct may involve a property employee even if the owner did not personally make the demand.
- An agency report does not automatically resolve an urgent repair or stop an eviction; obtain timely local help for those separate needs.
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In California, when must my landlord return my deposit after I move out?Background reading
Background reading
Choose California to read this local rule and its limits.
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California law
For this situationA tenant moving out of a California residential rental.
Within 21 days after you move out, the landlord must return the remaining deposit and provide an itemized statement of deductions.
What to do next
- Keep the lease, deposit receipt, move-out date, key-return record and dated photographs.
- Give a forwarding address in writing. Compare each deduction with the move-in condition and supporting records.
- After the deadline, request the missing balance and accounting in writing. If unresolved, review California Courts form SC-100 and the small claims filing instructions.
What could change this answer?
- When work cannot reasonably finish within 21 days, a permitted good-faith estimate can precede the final accounting; the final statement and balance are due within 14 days after completion.
- Ordinary wear is excluded, but damage caused by the tenant or guests can be deductible.
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Can I ask for a California move-out inspection before deposit deductions are decided?Background reading
Background reading
Choose California to read this local rule and its limits.
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California law
For this situationA California residential tenant preparing for an ordinary move-out, rather than an eviction covered by a statutory inspection exception.
Yes. You can request an initial inspection during the last two weeks of the tenancy, attend it, and receive an itemized list of proposed deductions so you can address them before leaving.
What to do next
- Request the initial inspection in writing after giving move-out notice, and ask to be present.
- Arrange a time within the final two weeks. Keep the landlord’s proposed-deduction list and take photographs.
- Address listed cleaning or repairs you can properly complete before leaving. Save receipts and photographs of the final condition.
Words you can use
I request an initial move-out inspection and would like to attend. My planned move-out date is [DATE]. Please propose a time within the final two weeks.
Replace the brackets with your details. Keep only what is true for you.
What could change this answer?
- The inspection is optional for the tenant; it is separate from the final deposit accounting.
- An eviction for specified tenant violations can remove the initial-inspection requirement.
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When must a New York landlord return a deposit for an apartment that is not rent regulated?Background reading
Background reading
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New York law
For this situationA New York residential tenant moving out of a rental that is not subject to rent stabilization or rent control.
Within 14 days after you vacate, the landlord must provide an itemized statement of deductions and return the remaining deposit. Missing that deadline forfeits the right to retain any of it.
What to do next
- Keep proof of the deposit, vacancy date, returned keys and condition at move-in and move-out.
- Provide your forwarding address and request the balance and itemized statement in writing.
- If the deadline passes or deductions are disputed, use the New York Attorney General’s rent security complaint form and attach supporting records.
What could change this answer?
- Lawful deductions can include unpaid rent or damage beyond ordinary wear.
- Additional damages for willful violations require proof; they are not an automatic payment from filing a complaint.
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Can a New York landlord charge me $100 for an apartment credit check?Background reading
Background reading
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New York law
For this situationA prospective residential tenant applying to a New York landlord, outside the cooperative-apartment exception.
For a covered rental application, a landlord’s background or credit-check fee is limited to the actual cost or $20, whichever is less.
What to do next
- Ask what the charge covers and request an itemized invoice and copy of the background or credit report.
- If you have a qualifying check from the previous 30 days, provide a copy and request waiver of the check fee.
- Save the listing, payment demand, report and receipt. Report an excessive rental-application charge to the New York Attorney General.
What could change this answer?
- The landlord must waive the check fee when the applicant supplies a background or credit check conducted within the past 30 days.
- The landlord cannot collect the fee without providing the applicant a copy of the check and the receipt or invoice for its cost.
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My one-year New York lease is ending. How much notice is required for a 5% rent increase?Background reading
Background reading
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New York law
For this situationA New York residential tenant with a lease of at least one year but less than two years, occupancy under two years, and a proposed increase of at least 5%, outside rent regulation.
For a covered tenant with a one-year lease who has occupied the unit for less than two years, the landlord must give at least 60 days’ written notice of a renewal increase of 5% or more.
What to do next
- Keep your lease, original move-in date and the written renewal notice with its delivery date.
- Calculate the percentage increase and compare the proposed start date with the required notice period.
- Request a corrected start date if notice is short. Use the Attorney General’s tenant guide to identify legal help and check additional protections.
What could change this answer?
- A lease term of at least two years triggers a 90-day period; longer occupancy can also change the required notice.
- Without timely notice, existing terms continue until the required notice period expires.
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When is my Maryland security deposit due after my tenancy ends normally?Background reading
Background reading
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Maryland law
For this situationA Maryland residential tenant whose tenancy has ended normally, with possession returned to the landlord.
Within 45 days after the tenancy ends, the landlord must return the deposit with applicable interest, less lawful deductions, and mail a written itemization of claimed damage costs.
What to do next
- Keep the lease, deposit receipt, move-out evidence and photographs. Give your forwarding address in writing.
- Count 45 days from the tenancy’s end and compare any itemized deductions with your records.
- Request the unpaid balance and accounting in writing. Use Maryland Attorney General landlord/tenant mediation or the Court Help Center if unresolved.
What could change this answer?
- After qualifying abandonment or early eviction, send a first-class written demand with a new address within 45 days; the landlord then has 45 days after receipt.
- Ordinary wear is excluded from damages. Interest rules depend on the deposit amount and how long it was held.
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Can Maryland rent escrow help when my landlord leaves a serious health hazard unrepaired?Background reading
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Maryland law
For this situationA Maryland residential tenant facing a serious hazard, such as dangerous wiring or lack of required heat, rather than a minor cosmetic defect.
Maryland rent escrow can address serious conditions threatening life, health or safety after the landlord has notice and a reasonable opportunity to repair. The court can direct rent into escrow and order relief.
What to do next
- Document the hazard and give the landlord dated written notice. Preserve inspection reports and repair requests.
- Allow a reasonable repair opportunity based on the danger. Contact the Maryland Court Help Center about timing and local procedures.
- Prepare District Court form DC-CV-083 and supporting records. Attend the hearing and comply with any order to pay rent into court.
What could change this answer?
- Thirty days is not a mandatory waiting period for every hazard; urgent conditions can require faster repair.
- Tenant-caused conditions or denial of reasonable repair access can affect relief.
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Can my DC landlord use my deposit to replace carpet worn out through ordinary use?Background reading
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District of Columbia law
For this situationA DC residential tenant disputing a replacement charge for normal deterioration, age or ordinary use.
DC law does not allow a landlord to charge the tenant or deduct from the deposit for replacement value caused by ordinary wear and tear.
What to do next
- Gather move-in and move-out photographs, inspection reports and any information about the item’s age.
- Ask for an itemized explanation identifying the damage, cause, proposed replacement and amount charged.
- Dispute ordinary-wear charges in writing with supporting copies. Contact the DC Office of the Tenant Advocate for help choosing the proper remedy.
What could change this answer?
- Wear from intended use and deterioration due to age are different from tenant-caused damage.
- This rule addresses wear-related replacement charges; unpaid rent and other lawful deductions require a separate review.
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Can my DC landlord raise the rent immediately after sending a notice?Background reading
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District of Columbia law
For this situationA DC residential tenant receiving a landlord’s notice of a rent increase.
No. The increase can take effect on the first normal rent due date more than 60 calendar days after notice, subject to any longer required notice period.
What to do next
- Keep the notice, delivery date, lease and normal monthly rent due date.
- Count more than 60 calendar days, then identify the next normal rent due date. Check whether your lease requires a longer period.
- Ask the landlord to correct a premature effective date and contact the DC Office of the Tenant Advocate about rent-control coverage and the increase amount.
What could change this answer?
- If the lease requires more than 30 days’ notice from you of an intent to vacate, the rent-increase notice must be at least 30 days longer than that tenant notice period.
- A 60-day tenant notice clause therefore requires at least 90 days’ rent-increase notice; other lease protections can also matter.
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An apartment advertisement says “adults only.” Does federal law allow that?Federal rule · specific setting
Federal rule · specific setting
For this situationA rental advertisement expressing a preference against households with children under 18.
An advertisement excluding families with children generally violates the Fair Housing Act’s familial-status protection unless a valid exemption, such as qualifying older-person housing, applies.
What to do next
- Save the full advertisement, date, listing address and advertiser’s identity.
- Ask what legal exemption the provider relies on and keep its response.
- Report the exclusion to HUD with the listing and any messages refusing your application.
What could change this answer?
- Qualifying housing for older persons can lawfully restrict occupancy under specific federal conditions.
- Reasonable occupancy limits are a separate issue and cannot simply disguise a blanket ban on children.
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A mortgage lender says pregnancy makes me ineligible even though I meet its financial standards. Can it do that?Federal rule · specific setting
Federal rule · specific setting
For this situationA mortgage application affected by pregnancy or assumptions about future family responsibilities.
A lender cannot deny housing credit because you are pregnant. Federal fair-housing protection for familial status includes pregnancy.
What to do next
- Save the lender’s pregnancy-related statements and your income documentation.
- Ask for the specific written reason for denial or changed loan terms.
- Report pregnancy-based treatment to HUD and preserve any deadlines for the home purchase.
What could change this answer?
- A real documented income change can affect underwriting if assessed consistently.
- A complaint does not automatically extend a purchase contract or guarantee financing.
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A real-estate agent shows me only neighborhoods where people share my race. Is that discrimination?Federal rule · specific setting
Federal rule · specific setting
For this situationRace-based restriction of housing choices by a covered broker or provider.
Steering a buyer or renter toward or away from neighborhoods because of race can violate the Fair Housing Act, even without an outright refusal to sell or rent.
What to do next
- Write down the properties you requested and which ones the agent discouraged or omitted.
- Save messages explaining the neighborhood recommendations and state your actual search criteria in writing.
- Report the pattern with specific examples and any similarly situated comparison you already have.
What could change this answer?
- A lack of available homes matching objective criteria does not alone prove steering.
- Racial steering can affect applicants of any race.
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A landlord told me there were no vacancies, then offered the same apartment to someone of another race. What should I save?Federal rule · specific setting
Federal rule · specific setting
For this situationA suspected race-based false statement about an available dwelling.
Falsely denying housing availability because of race is prohibited. The timing, unit and comparison can help establish what happened.
What to do next
- Keep the listing, your inquiry and the exact no-vacancy response.
- Record the unit, dates and source of the later offer without fabricating a comparison.
- Give HUD the sequence and witnesses who can describe their own interactions.
What could change this answer?
- Different application qualifications or intervening vacancies may explain different answers.
- A fair-housing organization can assess testing; do not trespass or secretly record where unlawful.
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A landlord says people from my country must pay a larger security deposit. Is that allowed?Federal rule · specific setting
Federal rule · specific setting
For this situationA covered rental provider requiring a nationality-based security deposit.
For covered housing, imposing different rental terms because of national origin violates the Fair Housing Act. A nationality-based deposit rule is a different term of rental.
What to do next
- Save the quoted amounts and the explanation referring to your country or ancestry.
- Ask for the written deposit criteria and a corrected offer under the same standards used for other applicants.
- Report the discriminatory term with your application and correspondence.
What could change this answer?
- Federal coverage has exemptions that require examining the property and transaction.
- This answer does not set the maximum deposit amount under state law.
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My landlord threatened me after I agreed to be a witness in a neighbor’s housing-discrimination case. Am I protected?Federal rule · specific setting
Federal rule · specific setting
For this situationThreats or adverse treatment linked to assisting a fair-housing complaint.
Federal fair-housing law prohibits coercion, intimidation, threats or interference because you helped someone exercise protected housing rights.
What to do next
- Preserve the threat and record when the landlord learned about your participation.
- Keep earlier rent, inspection and lease records for comparison.
- Tell the investigator about retaliation immediately and seek legal help for any eviction deadline.
What could change this answer?
- A provider may still enforce legitimate lease duties for nondiscriminatory reasons.
- Protection can cover assistance even when you are not the original discrimination complainant.
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An ordinary rental application asks every applicant to list psychiatric diagnoses. Must I answer?Federal rule · specific setting
Federal rule · specific setting
For this situationAn ordinary rental application where you have not requested disability-related eligibility or accommodation.
Housing providers generally may not ask whether applicants have disabilities or ask about their nature or severity. Ask why the information is needed and whether the question will be withdrawn.
What to do next
- Save the blank application and identify the exact medical question.
- Ask the provider to explain the legal purpose and evaluate ordinary tenancy qualifications without diagnoses.
- Report an improper inquiry to HUD while keeping records of any resulting denial.
What could change this answer?
- Housing lawfully reserved for people with particular disabilities may verify eligibility.
- A requested accommodation can justify limited relevant information, rather than unrestricted medical history.
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My disability prevents me from visiting the office to pay rent. Can I request payment by mail?Federal rule · specific setting
Federal rule · specific setting
For this situationA covered tenant who needs a disability-related alternative to an in-person rent-payment policy.
A change to an in-person payment rule can be a reasonable accommodation when necessary because of a disability and when it does not create an undue burden or fundamental change.
What to do next
- Explain why the disability interferes with visiting the office and propose a workable payment method.
- Provide limited verification if the disability-related need is not apparent.
- Get the accepted method and delivery requirements in writing and keep payment proof.
What could change this answer?
- The provider may offer an effective alternative rather than your exact preferred method.
- Financial hardship alone is different from a disability-related need for a policy change.
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My father cannot communicate easily. Can I ask his landlord for a disability accommodation on his behalf?Federal rule · specific setting
Federal rule · specific setting
For this situationA representative requesting a housing policy change for a person with a disability.
Yes. A family member or another person acting for a resident may communicate a reasonable-accommodation request. The resident need not personally use legal terminology.
What to do next
- Identify the resident, your role and the specific accommodation requested.
- Explain the connection between the disability and the housing rule that needs adjustment.
- Keep a dated copy and ask for a response directed through a safe, accessible contact method.
What could change this answer?
- The provider may need relevant verification when the disability or need is not apparent.
- Authority to request an accommodation is different from authority to sign or terminate the resident’s lease.
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My landlord has ignored a completed disability-accommodation request for months. Does silence matter?Federal rule · specific setting
Federal rule · specific setting
For this situationAn unresolved disability accommodation in housing covered by the Fair Housing Act.
Yes. Housing providers must respond promptly, and an undue delay can amount to failure to provide a reasonable accommodation.
What to do next
- Collect the original request, delivery date and information already provided.
- Follow up in writing with the need, any urgency and a request for a definite response.
- Report an unexplained continuing delay and describe the practical harm it is causing.
What could change this answer?
- Necessary, relevant clarification can affect reasonable processing time.
- A complaint does not guarantee the specific request is reasonable; effective alternatives may need discussion.
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The landlord wants a $100 administrative fee just to approve my disability accommodation. Can it charge?Federal rule · specific setting
Federal rule · specific setting
For this situationA fee imposed specifically for a required disability-related housing policy accommodation.
A housing provider cannot require an extra fee or deposit as a condition of granting a reasonable accommodation under the Fair Housing Act.
What to do next
- Ask for the fee demand and what it supposedly covers in writing.
- Explain that you are requesting a reasonable accommodation and ask for the additional charge to be removed.
- Save any payment receipt or refusal and submit the issue to HUD.
What could change this answer?
- Physical modifications can have different cost rules from policy accommodations.
- A provider may assess whether the underlying request is reasonable and necessary before granting it.
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My landlord approves a disability ramp only if I promise to remove it when I leave. Is that required?Federal rule · specific setting
Federal rule · specific setting
For this situationA necessary disability-related exterior or common-area modification to covered housing.
Under the Fair Housing Act’s reasonable-modification rule, a provider cannot require restoration of an exterior modification or a modification to a common-use area.
What to do next
- Describe the ramp location and proposed work in your modification request.
- Provide reasonable plans and permit information and ask that an exterior-removal condition be withdrawn.
- Save the approval terms and seek HUD review if restoration is made a condition.
What could change this answer?
- Reasonable restoration of some interior modifications can be required.
- Who pays for construction can differ in federally assisted housing subject to Section 504.
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A recently built apartment building has four units and inaccessible entrances. Can federal design rules apply?Federal rule · specific setting
Federal rule · specific setting
For this situationPotential design barriers in a building containing at least four dwellings.
Yes. The Fair Housing Act requires specified accessibility features in covered multifamily housing designed and built for first occupancy after March 13, 1991.
What to do next
- Record the building address, approximate first-occupancy date and whether it has an elevator.
- Photograph specific access barriers without entering private areas unlawfully.
- Ask HUD or a fair-housing specialist to assess coverage and the required design features.
What could change this answer?
- In non-elevator buildings, the design requirements generally cover ground-floor units.
- Site conditions and technical exceptions require individual analysis rather than a visual guess alone.
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I experienced housing discrimination eleven months ago. Is it too late to contact HUD?Federal rule · specific setting
Federal rule · specific setting
For this situationA potential administrative complaint alleging a Fair Housing Act violation.
A Fair Housing Act complaint generally must be filed with HUD within one year after the discrimination occurred or ended. Contact HUD promptly rather than waiting for an informal negotiation to finish.
What to do next
- Write the dates of each discriminatory act and when any continuing conduct ended.
- Contact HUD immediately and provide the property, people involved and a concise account.
- Confirm that your complaint has been received and complete any requested intake or signature steps promptly.
What could change this answer?
- Private Fair Housing Act lawsuits generally use a separate two-year period with tolling rules.
- Do not assume a landlord’s internal review or a demand letter pauses the HUD deadline.
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HUD issued a discrimination charge in my case. How long do I have to choose federal court?Federal rule · specific setting
Federal rule · specific setting
For this situationA party who has received HUD’s formal Fair Housing Act charge of discrimination.
A complainant or respondent generally has 20 days after receiving notice of the charge to elect a federal civil trial instead of a HUD administrative hearing.
What to do next
- Save the charge and record the date it was served on you.
- Discuss the forum choice promptly with the assigned HUD attorney or your own lawyer.
- Follow the notice’s written election instructions before the deadline and keep confirmation.
What could change this answer?
- If no party elects federal court, the case normally proceeds before a HUD administrative law judge.
- Another party can elect federal court even if you would prefer the administrative process.
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I fear imminent abuse if I remain in my subsidized unit. Can I ask for an emergency transfer?Federal rule · specific setting
Federal rule · specific setting
For this situationA survivor in a covered housing program seeking a safe transfer.
In a VAWA-covered housing program, you can expressly request an emergency transfer when you reasonably believe remaining exposes you to imminent harm from further covered violence.
What to do next
- Use a safe device or contact method and ask for the provider’s emergency-transfer plan.
- Expressly request transfer and describe the qualifying threat using the requested documentation process.
- State how staff can safely contact you and discuss safe available units or external transfer options.
What could change this answer?
- Sexual assault in the dwelling during the prior 90 days provides another qualifying basis.
- Eligibility and available-unit procedures vary by covered program, while confidentiality duties remain.
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Can my subsidized housing provider remove an abusive household member from the lease without evicting everyone?Federal rule · specific setting
Federal rule · specific setting
For this situationA household in a VAWA-covered housing program affected by qualifying domestic violence, dating violence, sexual assault or stalking.
VAWA allows a covered provider to split the lease to remove a household member for qualifying abuse while preserving protections for other household members.
What to do next
- Ask the provider about lease bifurcation and how it would protect remaining residents.
- Provide the permitted documentation through a confidential channel.
- Clarify remaining household eligibility and any transition period before agreeing to new lease terms.
What could change this answer?
- If the removed person established program eligibility, others must receive a reasonable period to establish eligibility or find housing.
- A private lease outside a covered program may require different remedies.
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My subsidized landlord gave me two days to document domestic violence. What response time does VAWA provide?Federal rule · specific setting
Federal rule · specific setting
For this situationA written request for evidence supporting VAWA housing protections.
After a covered provider’s written documentation request, you generally have at least 14 business days to respond. The provider may extend that period.
What to do next
- Save the dated request and note when you received it.
- Choose a permitted documentation method and respond within the applicable business-day period.
- If more time is needed, ask for a written extension before the deadline and keep the response.
What could change this answer?
- Weekends and holidays do not count toward the 14 business days.
- Conflicting evidence can trigger additional documentation procedures and different deadlines.
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Can my housing manager put my domestic-violence certification in a database shared with other landlords?Federal rule · specific setting
Federal rule · specific setting
For this situationInformation you gave a covered housing provider to obtain VAWA protections.
VAWA-covered providers must keep survivor information confidential and cannot place that information in a shared database.
What to do next
- Ask how the certification will be stored and who can access it.
- Identify safe contact details and avoid signing an unnecessarily broad release.
- If information was shared, record what was disclosed, to whom and when, and report the breach to HUD.
What could change this answer?
- A narrowly authorized disclosure is different from general access by staff or outside landlords.
- Protect copies on your own devices as well, especially if another person monitors them.
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A housing manager threatened to terminate my voucher because I challenged its VAWA policy. Is that allowed?Federal rule · specific setting
Federal rule · specific setting
For this situationAdverse treatment connected to exercising or supporting VAWA housing protections.
A covered housing provider cannot retaliate, intimidate or threaten you for opposing a VAWA violation or participating in enforcement of VAWA housing rights.
What to do next
- Save the complaint you made and the later threat or changed treatment.
- Record dates, witnesses and the manager’s stated reasons.
- Report the retaliation to HUD and seek prompt assistance with any termination hearing or appeal deadline.
What could change this answer?
- The protection can apply even if the original VAWA complaint was not ultimately substantiated.
- Witnesses and people helping another survivor can also be protected.
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Before signing for a 1960 apartment, should I receive information about lead paint?Federal rule · specific setting
Federal rule · specific setting
For this situationA prospective tenant in housing covered by the federal lead-disclosure rule.
For most pre-1978 housing, federal law requires disclosure of known lead-based paint hazards, available relevant records and the EPA pamphlet before you become bound by a lease.
What to do next
- Ask for the lead warning statement, known-hazard disclosure and available reports before signing.
- Read the EPA pamphlet and keep the signed disclosure with your lease.
- Report missing or misleading required disclosures to EPA and raise actual hazards through appropriate housing channels.
What could change this answer?
- Some housing and short leases are exempt under specific conditions.
- A statement that the owner has no knowledge is not a certification that the property is lead-free.
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I am buying a pre-1978 home. Can I get time to check for lead paint before being bound?Federal rule · specific setting
Federal rule · specific setting
For this situationA residential purchase covered by the federal lead-disclosure rule.
Covered buyers must generally receive a ten-day opportunity for a lead-based paint inspection or risk assessment before becoming obligated, unless the parties agree otherwise or the buyer waives it in writing.
What to do next
- Ask that the purchase paperwork clearly preserve the lead inspection opportunity.
- Arrange an appropriate qualified assessment within the agreed period.
- Review the result and contract terms before the inspection contingency or deadline expires.
What could change this answer?
- The ten-day period can be shortened or lengthened by agreement.
- This inspection opportunity is a buyer protection; renters have disclosure rights but not the identical statutory inspection window.
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My mortgage payment was credited to the wrong month. How do I trigger a formal servicing-error response?Federal rule · specific setting
Federal rule · specific setting
For this situationA servicing error on a mortgage covered by Regulation X.
Send a specific written notice of error to the servicer’s designated address. Covered servicers generally must acknowledge it within five business days and investigate within the applicable response period.
What to do next
- Identify the account, payment date, amount and precise error, with copies of payment proof.
- Send the notice to the published error-resolution address and preserve delivery evidence.
- Track acknowledgment and the written correction or explanation, and request supporting documents if needed.
What could change this answer?
- Many errors have a 30-business-day response period, with specified extensions or shorter deadlines.
- Duplicative, overbroad or certain late notices can fall outside normal response requirements.
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I am refinancing. How quickly must the current lender send an accurate payoff amount?Federal rule · specific setting
Federal rule · specific setting
For this situationA written request for a statement of the amount needed to pay off a covered home loan.
For a covered dwelling-secured consumer loan, a payoff statement generally must be sent within seven business days after a written request following reasonable request instructions.
What to do next
- Specify the account and proposed payoff date using the servicer’s official request channel.
- Authorize your closing agent if that person will receive the statement.
- Verify the statement’s expiration and independently confirm wiring instructions before sending money.
What could change this answer?
- Bankruptcy, foreclosure, certain unusual loans or disasters can permit a reasonable longer response.
- A payoff quote does not promise that later interest or contract charges will never accrue.
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My mortgage escrow payment increased, but I never received an annual breakdown. Am I entitled to one?Federal rule · specific setting
Federal rule · specific setting
For this situationA mortgage escrow account subject to federal RESPA escrow rules.
For a covered escrow account, the servicer generally must conduct an annual analysis and send an annual statement within 30 calendar days after the computation year ends.
What to do next
- Ask for the annual analysis and the start and end dates of the computation year.
- Compare actual tax and insurance payments, projected charges and any shortage.
- Identify a specific error in writing and request correction rather than assuming every increase is unlawful.
What could change this answer?
- Default, foreclosure or bankruptcy can create exceptions to annual-statement delivery.
- Real tax or insurance increases can justify higher escrow payments even with a fixed loan interest rate.
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My servicer added expensive hazard insurance without warning. What notices should precede the charge?Federal rule · specific setting
Federal rule · specific setting
For this situationA mortgage servicer purchasing hazard insurance because it lacks proof of required coverage.
A covered servicer generally must send an initial notice at least 45 days before charging for force-placed insurance and a reminder at least 15 days before the charge.
What to do next
- Request the initial and reminder notices and identify the claimed coverage gap.
- Send proof of your policy’s dates and insured property through the servicer’s designated channel.
- Ask for cancellation and correction of overlapping charges and retain its response.
What could change this answer?
- The reminder ordinarily must follow the initial notice by at least 30 days.
- Flood insurance and renewals involve additional or different requirements; actual coverage gaps can still be chargeable.
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My mortgage changed servicers, and I accidentally paid the old company on time. Can I get a late fee?Federal rule · specific setting
Federal rule · specific setting
For this situationA mortgage payment sent to the prior servicer during the protected transfer period.
During the 60-day period beginning on the servicing-transfer date, a timely payment received by the old servicer cannot be treated as late for any purpose under the federal rule.
What to do next
- Save the transfer notice and proof of when the old servicer received payment.
- Ask both servicers to trace the payment and correct any late fee or reporting.
- Verify the new address independently and update automatic payments without making an accidental duplicate.
What could change this answer?
- The payment must meet the applicable due date, including any contractual grace period.
- A servicing transfer ordinarily does not change the underlying loan terms.
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I missed two monthly mortgage payments. Can the servicer immediately make the first foreclosure filing?Federal rule · specific setting
Federal rule · specific setting
For this situationThe first foreclosure step on a mortgage covered by federal servicing restrictions.
For covered loans, a servicer generally cannot make the first foreclosure notice or filing until the loan is more than 120 days delinquent.
What to do next
- Contact the servicer promptly and ask for the delinquency date and assistance application.
- Gather income, hardship and household documents before the situation reaches a filing.
- Get housing-counseling or legal help immediately if you receive foreclosure papers.
What could change this answer?
- Narrow exceptions include certain due-on-sale violations and joining another lienholder’s foreclosure.
- Once filing is allowed, the later sale schedule depends on additional law and court procedures.
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I submitted a complete mortgage-assistance application 50 days before the foreclosure sale. Must the servicer review it?Federal rule · specific setting
Federal rule · specific setting
For this situationA complete application for mortgage assistance with a covered servicer before a scheduled sale.
A covered servicer receiving a complete loss-mitigation application more than 37 days before a sale generally must evaluate available options within 30 days and observe related foreclosure restrictions.
What to do next
- Ask for written confirmation that the application is complete and save the receipt date.
- Respond quickly to any legitimate request for missing information.
- Review the written decision and consult a housing attorney if sale activity conflicts with the applicable protections.
What could change this answer?
- Small-servicer and repeat-application exceptions can affect which procedures apply.
- The rule requires evaluation, not approval of a particular modification; appeal rights have separate timing conditions.
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My conventional mortgage balance reached 80% of the home’s original value. Can I ask to stop PMI?Federal rule · specific setting
Federal rule · specific setting
For this situationBorrower-paid PMI on a covered conventional mortgage for a single-family principal residence.
For many covered mortgages, you may request PMI cancellation in writing at 80% of original value if you meet payment-history, current-status and other required conditions.
What to do next
- Find the original-value and scheduled-cancellation figures in your PMI disclosure.
- Send a written cancellation request and ask which payment, lien and valuation conditions remain.
- Check later statements for removal and challenge continued premiums if the conditions are satisfied.
What could change this answer?
- Automatic termination generally occurs at the scheduled 78% point when payments are current.
- Rising market value alone is different from reaching the statutory original-value threshold, although investor policies may help.
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What should I save if my landlord ignores a repair request?Background reading
Background reading
Start with repair requests and responses; photos with dates; lease, notice, or relevant correspondence.
Keep your own observations separate from what someone told you. These are preparation steps, not a finding about your rights or eligibility.
This is background information, not a state-specific answer. Legal review pending.
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My landlord changed the locks or shut off an essential service. What now?Background reading
Background reading
Choose Virginia to read this guide. We have not researched this question for other states.
This is background information, not a state-specific answer. Legal review pending.
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Virginia law
For this situationA residential tenancy covered by Virginia’s Residential Landlord and Tenant Act. Check separately for hotels, institutional or employment-linked housing.
For a covered Virginia tenancy, you can ask General District Court to restore access or essential services when the landlord acted willfully and without court authority. The initial hearing must be within five calendar days of filing.
What to do next
- Save the lease, messages, photos, utility notices and receipts showing what happened and who caused it.
- Complete DC-431, Tenant’s Petition for Relief from Unlawful Exclusion. State the facts and the relief you need.
- Contact the local General District Court clerk about filing, urgent scheduling and service. If fees are a barrier, ask about DC-409 fee relief.
- Keep proof of reasonable efforts to tell the landlord the hearing’s date and time. Attend with your evidence.
Words you can use
Since [TIME / DATE], I cannot [ENTER / USE SERVICE] at [ADDRESS] because [FACTS]. Please restore access or service immediately. Please respond in writing.
Replace the brackets with your details. Keep only what is true for you.
What could change this answer?
- A preliminary order without the landlord present requires good cause and reasonable efforts to give hearing notice.
- The court determines relief from the evidence. Filing does not itself order access restored or award money.
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I moved out more than 45 days ago. Where is my security deposit?Background reading
Background reading
Choose Virginia to read this guide. We have not researched this question for other states.
This is background information, not a state-specific answer. Legal review pending.
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Virginia law
For this situationA security deposit for a residential tenancy covered by Virginia’s Residential Landlord and Tenant Act.
For a covered Virginia tenancy, the landlord generally must provide a written itemized accounting and refund the balance within 45 days after the tenancy ends or you move out, whichever is later.
What to do next
- Collect the lease, deposit receipt, termination notice, move-out and key-return evidence, photos and any deduction notices.
- Provide your forwarding address in writing. Count 45 days from the later of termination and move-out.
- Request the itemized accounting and balance. Identify disputed charges and include supporting copies.
- If unresolved, a money claim of $5,000 or less can use small claims form DC-402. Ask the court clerk about filing, service and the correct defendant.
Words you can use
My tenancy ended [DATE] and I vacated on [DATE]. My deposit was [AMOUNT]. Please send the itemized accounting and balance to [FORWARDING ADDRESS]. I dispute [CHARGE] because [REASON].
Replace the brackets with your details. Keep only what is true for you.
What could change this answer?
- Ordinary wear and tear is excluded from damage deductions, but authorized rent and other charges may be deducted.
- Damage exceeding the deposit and requiring a contractor can allow 15 extra days for itemization if notice was given within the first 45 days.
- Early termination, unpaid rent, utility deductions or co-tenants can change the amount due.
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Voting
Can someone help me vote if I have a disability?Background reading
Background reading
Yes. You can ask for accessible equipment and help. A person helping you vote cannot be your employer or union representative.
Contact your election office about the accommodation you need. Poll workers can help with accessible equipment.
This is background information, not a state-specific answer. Legal review pending.
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Can I ask for help voting in another language?Background reading
Background reading
Yes. Ask your local election office what language support is available, such as translated materials or someone to help interpret.
This is background information, not a state-specific answer. Legal review pending.
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What ID do I need to vote?Background reading
Background reading
Your state sets its voter ID rules. Check your state election office before you go; there is no single nationwide list of acceptable IDs.
This is background information, not a state-specific answer. Legal review pending.
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What if my name is missing from the voter list?Background reading
Background reading
Ask a poll worker to check your registration and polling place. In most states, you can request a provisional ballot in a federal election if you say you are registered and eligible.
This is background information, not a state-specific answer. Legal review pending.
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Someone is threatening people at my polling place. Where can I report it?Federal rule · specific setting
Federal rule · specific setting
For this situationSuspected intimidation or interference with voting in a US election.
You can report suspected voter intimidation to DOJ’s Voting Section at 800-253-3931 or through its civil-rights reporting form.
What to do next
- Move to a safer position and alert a poll supervisor if you can.
- Note the location, time, exact conduct and witnesses without confronting anyone.
- Report to the Voting Section and keep the reference number if provided.
What could change this answer?
- An ordinary registration question or disagreement is not necessarily intimidation.
- Registration and ballot problems may also need the local election office’s immediate help.
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I missed California’s regular voter-registration deadline. Can I still register and vote?Background reading
Background reading
Choose California to read this local rule and its limits.
This is background information, not a state-specific answer. Legal review pending.
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California law
For this situationA person eligible to register and vote in California who missed the regular registration deadline or needs to update registration.
Eligible voters can use Same Day Voter Registration during the 14 days before an election and on Election Day at an available county elections office, polling place or vote center.
What to do next
- Use the Secretary of State’s same-day registration page to find your county election office and participating locations.
- Check the location’s dates and hours, then go in person before voting closes.
- Tell the election worker you need Same Day Voter Registration. Complete the registration and ballot steps and keep any tracking information provided.
What could change this answer?
- Available locations and hours vary by county and election; an online registration alone does not complete this late-registration process.
- Same-day registration does not waive citizenship, residence, age or other voter-eligibility requirements.
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Can an eligible DC voter register at the polls after missing advance registration?Background reading
Background reading
Choose the District of Columbia to read this local rule and its limits.
This is background information, not a state-specific answer. Legal review pending.
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District of Columbia law
For this situationA US citizen who will be at least 18 for the general election, has lived in DC at least 30 days before the election, and meets the Board of Elections’ other registration requirements.
Yes. Eligible residents can register in person during early voting or on Election Day by providing accepted proof of residence showing their name and current DC address.
What to do next
- Check the DC Board of Elections registration page for eligibility and the current voting locations and hours.
- Bring accepted proof with your name and current DC address, such as a current lease or a utility bill or bank statement issued within 90 days before the election.
- Tell the election worker you need same-day registration, complete the application and follow the ballot instructions.
What could change this answer?
- A qualifying government-issued photo ID showing your current address is another accepted proof option.
- You must not claim voting residence elsewhere. Party-primary and noncitizen local-election rules are outside this guide.
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Which form can an eligible military or overseas voter use to register and request an absentee ballot together?Federal rule · specific setting
Federal rule · specific setting
For this situationEligible US military voters, qualifying family members and US citizens residing overseas using UOCAVA procedures.
The Federal Post Card Application, or FPCA, combines registration and an absentee-ballot request.
What to do next
- Select your voting state in FVAP’s guide and read its current instructions.
- Complete and sign the FPCA with separate voting-residence and delivery addresses.
- Send it by an accepted method and confirm receipt with the local election office.
What could change this answer?
- Moving or changing a delivery address can require an updated request.
- Citizens who have never lived in the US must check specific state eligibility rules.
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My military or overseas absentee ballot has not arrived. Is there a backup?Federal rule · specific setting
Federal rule · specific setting
For this situationAn eligible UOCAVA voter whose requested regular ballot may not arrive in time.
Eligible voters can use the Federal Write-In Absentee Ballot, or FWAB, when there is insufficient time to receive and return the regular ballot.
What to do next
- Contact the election office about the missing ballot and confirm your request status.
- Use FVAP’s FWAB instructions for your voting state.
- Sign and return the backup ballot through a permitted channel before the applicable deadline.
What could change this answer?
- State law controls which additional offices may appear on a FWAB.
- A regular ballot received later can still be returned under the official backup procedure.
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Should I return my regular absentee ballot if I already sent a federal write-in backup?Federal rule · specific setting
Federal rule · specific setting
For this situationA military or overseas voter who already submitted a FWAB and then receives the official ballot.
Yes. FVAP instructs eligible voters to complete and return the regular ballot too; only one ballot will be counted.
What to do next
- Complete the official ballot using the election office’s instructions.
- Return it by the state’s applicable deadline and method.
- Keep records of both submissions and ask the election office how it tracks the regular ballot replacing the backup.
What could change this answer?
- The regular ballot must still meet the applicable return rules.
- A different duplicate-ballot situation needs direct election-office guidance.
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Can an overseas US voter use the last US residence even after the home was sold?Federal rule · specific setting
Federal rule · specific setting
For this situationA US citizen living abroad who previously established a US domicile.
For an overseas citizen previously domiciled in the US, the voting residence generally remains the last US domicile before leaving, even without current property ties.
What to do next
- Identify the last address where you were domiciled before leaving the country.
- List it as the voting residence and use the separate mailing field for ballot delivery.
- Ask the local election office for help if the address no longer exists or cannot be located.
What could change this answer?
- Never-resident citizens face state-specific rules.
- Claiming a genuinely new domicile can raise issues beyond ballot delivery.
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Can a military spouse use the military absentee-voting process while away from the voting residence?Federal rule · specific setting
Federal rule · specific setting
For this situationAn eligible US-citizen military family voter absent from the voting residence because of military service.
An eligible spouse or family member accompanying a service member away from the voting residence may use the military absentee process.
What to do next
- Confirm the voting residence and eligibility using FVAP’s state guide.
- Complete your own FPCA and supply the current ballot-delivery address.
- Track receipt and use the FWAB backup procedure if the regular ballot will not arrive in time.
What could change this answer?
- Residence rules for a spouse can differ from a child’s situation.
- State and local contests can have different eligibility details from federal contests.
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I forgot my ID at a Virginia polling place. Can I still cast a regular ballot?Background reading
Background reading
Choose VA for this jurisdiction’s answer.
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Virginia law
For this situationIn-person Virginia voting when an otherwise eligible voter lacks acceptable ID.
Generally, you may sign an ID Confirmation Statement affirming your identity and cast a regular ballot.
What to do next
- Tell the election officer you lack acceptable ID and ask about the confirmation statement.
- Confirm whether the federal first-time-voter ID requirement applies to you.
- If a provisional ballot is necessary, take the written instructions and meet any document deadline.
What could change this answer?
- Refusing both acceptable ID and the statement leads to provisional voting.
- Federal first-time-voter documentation can include specified nonphoto records.
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Can I vote from my vehicle in Virginia because of age or disability?Background reading
Background reading
Choose VA for this jurisdiction’s answer.
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Virginia law
For this situationEligible Virginia voters seeking curbside voting because of age or disability.
Yes. Voters age 65 or older, or voters with a disability, may receive a ballot at their vehicle at the polling place or early-voting location.
What to do next
- Check your correct voting location and its curbside instructions.
- Use the posted signal or have someone alert an election officer.
- Complete check-in and ballot instructions with the officers while preserving the privacy of your choices.
What could change this answer?
- The age and disability categories are alternatives.
- Accessible equipment inside is another option if you prefer it.
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I marked the wrong choice on a Virginia ballot but have not cast it. Can I start again?Background reading
Background reading
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Virginia law
For this situationA Virginia voter correcting an uncast in-person ballot.
Yes. Ask an election officer for a new ballot before you cast the mistaken one.
What to do next
- Stop before inserting or submitting the ballot.
- Tell an election officer that you need a replacement without disclosing your choices.
- Follow the spoiled-ballot procedure and review the replacement carefully before casting it.
What could change this answer?
- A mistake noticed after casting has different consequences.
- Mail-ballot replacement requires contacting the election office through its separate process.
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Can I attend the Virginia electoral board meeting that decides my provisional ballot?Background reading
Background reading
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Virginia law
For this situationA Virginia voter who has cast a provisional ballot.
Yes. You may attend the review, and you should receive notice of its time and place and any required-document deadline.
What to do next
- Keep the provisional notice and identify why the ballot was provisional.
- Submit any requested eligible documentation by the deadline on the notice.
- Contact the registrar to confirm the review meeting and attend if you want to present relevant information.
What could change this answer?
- Different provisional reasons require different follow-up.
- The board determines eligibility; appearing alone does not guarantee counting.
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Can I register to vote in California while on parole after prison?Background reading
Background reading
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California law
For this situationA California resident with a prior felony conviction who is now on parole.
Yes, if otherwise eligible. Parole does not disqualify a California voter; currently serving a state or federal prison term for a felony does.
What to do next
- Confirm you are no longer serving a disqualifying prison term.
- Register or re-register at your current home address through the Secretary of State or county elections office.
- Check your registration and ballot arrangements before the election.
What could change this answer?
- US citizenship, age and other eligibility conditions still apply.
- Detention categories differ, so verify whether a particular custody situation is a prison term covered by the rule.
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Can I fix a missing or mismatched signature on my California ballot envelope?Background reading
Background reading
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California law
For this situationA California voter notified of a missing or noncomparable ballot-envelope signature.
Yes. Use your county’s signature-verification or unsigned-ballot statement procedure and meet the applicable receipt deadline.
What to do next
- Verify the notice through your county elections office or the Secretary of State’s official cure page.
- Complete the correct statement and provide your own signature.
- Return it by an accepted method before the stated deadline and confirm the ballot’s updated status.
What could change this answer?
- Different counties can provide different submission instructions.
- A signature cure does not resolve unrelated eligibility or late-ballot issues.
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Does California’s Remote Accessible Vote-by-Mail system let me cast my vote online?Background reading
Background reading
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California law
For this situationA California voter using an authorized Remote Accessible Vote-by-Mail system.
No. RAVBM lets you mark selections with compatible technology, but you must print and return the ballot as instructed.
What to do next
- Request access through your county elections office and use its official system.
- Mark privately with your compatible assistive technology and print the completed ballot.
- Place it in the required return envelope, sign as instructed and return it through an authorized method by the deadline.
What could change this answer?
- A missing return envelope requires a replacement from the county.
- Military and overseas electronic-return rules are a separate process.
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Can I register in Maryland after completing imprisonment for a felony?Background reading
Background reading
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Maryland law
For this situationA Maryland resident who has completed imprisonment for a federal, state or out-of-state felony.
Yes, if otherwise eligible. Maryland restores registration eligibility after the court-ordered sentence of imprisonment is completed.
What to do next
- Confirm that the court-ordered imprisonment has ended.
- Submit or update voter registration with the local board or Maryland’s online system.
- Check acceptance and ask the local board about any uncertainty before voting.
What could change this answer?
- A new current felony imprisonment can change eligibility.
- Citizenship, residence, age and a qualifying court determination about voting capacity remain relevant.
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May a 17-year-old vote in a Maryland Democratic or Republican primary?Background reading
Background reading
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Maryland law
For this situationA 17-year-old Maryland registrant seeking to vote in a Democratic or Republican primary.
Yes, if registered with that party and turning 18 by the corresponding general election.
What to do next
- Check your eighteenth birthday against the general-election date.
- Confirm registration and the relevant party affiliation with the election board.
- Use the assigned polling place or an available voting method and resolve any eligibility question with the local board.
What could change this answer?
- Party affiliation affects participation in a partisan primary.
- An election without the qualifying birthday timeline presents a different rule.
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Does incarceration for a felony prevent an otherwise eligible DC voter from voting?Background reading
Background reading
Choose DC for this jurisdiction’s answer.
This is background information, not a state-specific answer. Legal review pending.
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District of Columbia law
For this situationAn otherwise eligible DC voter in a jail, prison, halfway house or under court supervision.
No. DC permits otherwise eligible voters to vote while incarcerated, regardless of the offense.
What to do next
- Contact the DC Board of Elections to confirm registration and the appropriate DC voting address.
- Provide the facility’s current mailing details and arrange an absentee ballot.
- Update the mailing address promptly after transfer or release and follow the Board’s instructions if the ballot has not arrived.
What could change this answer?
- DC Jail residents may use its address after at least 30 days there under Board guidance.
- A voter in a federal facility may use the DC home address, with the facility used for delivery.
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What should I note if I have a problem voting?Background reading
Background reading
Start with polling place and date; notices or official communications; your account of the issue.
Keep your own observations separate from what someone told you. These are preparation steps, not a finding about your rights or eligibility.
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School & students
Can I see my child’s school records?Background reading
Background reading
At schools covered by FERPA, parents can inspect education records within 45 days of a request. These rights usually move to the student at age 18 or when they enter college.
Send a dated request to the school’s records office and keep a copy.
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Can I ask the school to correct an inaccurate record?Background reading
Background reading
Yes. FERPA lets parents, or students who hold these rights, ask to change inaccurate education records.
Identify the entry and the correction you want. This is not a general right to overturn a grade or disciplinary judgment.
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Do students have free-speech rights at public school?Background reading
Background reading
Yes. Students have free-speech rights, but schools can impose some restrictions. The setting and whether expression disrupts school can matter.
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My child is struggling at school. Can I request a disability evaluation?Federal rule · specific setting
Federal rule · specific setting
For this situationA child suspected of needing special education under IDEA Part B, through the responsible public school district.
Yes. A parent can request an initial evaluation under IDEA. If the school agrees, the usual federal evaluation period is 60 days after parental consent, unless your state sets a different period.
What to do next
- Write to the school’s special education coordinator describing the difficulties you observe.
- Ask for an initial evaluation and the consent form. Keep a dated copy.
- Ask which state timeline applies and who will send the evaluation results.
Words you can use
I request an initial special education evaluation for [CHILD]. I am concerned about [SPECIFIC DIFFICULTY]. Please explain the next steps and consent process.
Replace the brackets with your details. Keep only what is true for you.
What could change this answer?
- The school can refuse if it does not suspect a disability, but must explain its refusal in writing.
- Transfers and a parent repeatedly failing to make a child available can affect the timeline.
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The school refused to evaluate my child. Can I get its reasons in writing?Federal rule · specific setting
Federal rule · specific setting
For this situationA public school district’s refusal to initiate or change an evaluation under IDEA.
Ask for the school’s prior written notice. It must explain the refusal, the information used, other options considered and how to find help understanding your procedural rights.
What to do next
- Save your evaluation request and the school’s reply.
- Ask the special education office for prior written notice and the procedural safeguards notice.
- Identify the reasons you disagree with and use the dispute contacts in those notices.
Words you can use
Please send prior written notice explaining the refusal to evaluate [CHILD], including the information relied on and my procedural safeguards.
Replace the brackets with your details. Keep only what is true for you.
What could change this answer?
- The notice must be understandable to the general public.
- It must be in your native language or usual communication method unless clearly not feasible.
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I do not understand English well. Can I have an interpreter at my child’s IEP meeting?Federal rule · specific setting
Federal rule · specific setting
For this situationA parent taking part in a child’s individualized education program meeting under IDEA.
The public agency must take steps to make sure you understand the IEP meeting, including arranging an interpreter when your native language is not English or you are deaf.
What to do next
- Reply to the meeting invitation with your language or communication needs.
- Ask the IEP coordinator to confirm the interpreter arrangements.
- If you cannot understand during the meeting, say so and ask for the needed support.
Words you can use
I need an interpreter in [LANGUAGE] to understand and participate in the IEP meeting on [DATE]. Please confirm the arrangements.
Replace the brackets with your details. Keep only what is true for you.
What could change this answer?
- This rule concerns participation in the IEP meeting.
- It does not by itself settle which documents must be translated in every situation.
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Can I stop my school from sharing my child’s directory information?Federal rule · specific setting
Federal rule · specific setting
For this situationA parent or eligible student responding to a FERPA-covered school’s directory-information notice.
At a school covered by FERPA, you can restrict disclosure of designated directory information by following the school’s notice and its opt-out deadline.
What to do next
- Ask the school office for its current directory-information notice.
- Identify which listed information you do not want shared.
- Submit the written opt-out by the school’s deadline and keep confirmation.
Words you can use
Please restrict disclosure of [LISTED DETAILS] under your directory-information policy. Please confirm receipt of this request.
Replace the brackets with your details. Keep only what is true for you.
What could change this answer?
- FERPA rights transfer to the student at 18 or attendance at a postsecondary institution.
- Other FERPA exceptions may allow disclosure without your consent.
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Does signing consent for a special-education evaluation also authorize special-education services?Federal rule · specific setting
Federal rule · specific setting
For this situationParents of children being considered for initial special-education evaluation and services in public schools.
No. Informed consent for an initial evaluation is separate from consent for the initial provision of special education and related services.
What to do next
- Read the consent form and identify whether it concerns evaluation or initial services.
- Ask the district to explain unclear terms before signing and keep the completed form.
- Discuss any refusal or withdrawal with the special-education coordinator and request the applicable procedural safeguards.
What could change this answer?
- A child’s age and transferred educational rights can change who consents.
- A district may have evaluation-dispute options that it lacks when initial services are refused.
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I disagree with the district’s disability evaluation. Can I request an independent evaluation at public expense?Federal rule · specific setting
Federal rule · specific setting
For this situationParents disputing a completed public-agency special-education evaluation of their child.
Under federal special-education law, a parent who disagrees with a public-agency evaluation may request an independent educational evaluation. The agency must fund it or promptly seek a hearing to defend its evaluation.
What to do next
- Identify the evaluation and request an independent educational evaluation at public expense in writing.
- Ask for the agency’s evaluator information and applicable criteria.
- Keep its response and seek procedural assistance if it neither funds the evaluation nor initiates due process without unnecessary delay.
What could change this answer?
- One publicly funded independent evaluation is available for each agency evaluation with which you disagree.
- If the agency proves its evaluation appropriate, you may obtain an independent evaluation at your own expense.
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Can the school require months of intervention before evaluating a suspected disability?Federal rule · specific setting
Federal rule · specific setting
For this situationChildren who may need special education while receiving general classroom interventions.
A school cannot use response to intervention or a multi-tiered support process to delay or deny a special-education evaluation when a disability is suspected.
What to do next
- Request evaluation in writing and describe the learning, behavior, or functional concerns.
- Ask whether the district suspects a disability and request a written explanation of any refusal.
- Preserve intervention records and contact the state special-education office if intervention is being used to postpone the evaluation process.
What could change this answer?
- Evaluation timelines generally run from consent, subject to applicable state timing and exceptions.
- Interventions can continue while an evaluation proceeds.
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Can a school evaluate my child for disability only in English when another language gives more accurate results?Federal rule · specific setting
Federal rule · specific setting
For this situationChildren receiving special-education evaluations whose language or communication needs affect testing.
Federal special-education assessments must use the child’s native language or other communication mode and a form likely to yield accurate information, unless clearly not feasible.
What to do next
- Tell the evaluator which languages and communication methods your child uses.
- Request assessment methods that distinguish language development from disability-related needs.
- Ask for the evaluation report and an explanation of any decision that native-language assessment was not feasible.
What could change this answer?
- The appropriate method can differ by skill being assessed and the child’s actual proficiency.
- A single test cannot be the sole basis for eligibility or the educational program.
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Can the district keep my child’s old disability evaluation indefinitely without discussing reevaluation?Federal rule · specific setting
Federal rule · specific setting
For this situationChildren already eligible for federal special-education services whose educational or related-service needs need review.
Federal special-education law requires reevaluation at least once every three years unless the parent and agency agree it is unnecessary. Needs or a parent or teacher request may also trigger reevaluation.
What to do next
- Check the last evaluation date and collect evidence of changed needs or progress.
- Ask the special-education coordinator for the reevaluation plan and consent process.
- Request an explanation of what existing data will be used and whether additional assessments are needed.
What could change this answer?
- Reevaluation generally cannot occur more than once a year unless parent and agency agree.
- If no new data are needed, parents retain a right to request assessment as described in the notice.
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Do I have to pay to get a copy of my child’s IEP?Federal rule · specific setting
Federal rule · specific setting
For this situationParents of children with an individualized education program under federal special-education law.
No. Federal special-education law requires the public agency to give the parent a copy of the child’s IEP at no cost.
What to do next
- Ask the case manager for the current complete IEP, including amendments.
- Check that service schedules, goals, and agreed supports appear in the copy.
- Keep the request and contact the special-education administrator if the agency demands payment or does not provide it.
What could change this answer?
- Educational rights may transfer to the student under applicable age-of-majority rules.
- A draft discussed at a meeting may differ from the final IEP, so confirm which version you received.
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Can I bring someone who knows my child’s needs to an IEP meeting?Federal rule · specific setting
Federal rule · specific setting
For this situationParents participating in their child’s individualized education program (IEP) team meeting.
Yes. A parent may invite a person with knowledge or special expertise about the child, and the inviting party determines that expertise.
What to do next
- Tell the case manager who will attend and their connection to your child’s needs.
- Share relevant concerns or reports beforehand when practical.
- If attendance is refused, request the reason in writing and raise the issue with the special-education administrator.
What could change this answer?
- Required team members and their excusal rules remain separate requirements.
- An invitee’s participation does not give that person authority to consent on the parent’s behalf.
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My child is approaching 16 and the IEP says nothing about life after high school. Is transition planning required?Federal rule · specific setting
Federal rule · specific setting
For this situationStudents eligible for federal special-education services preparing for education, training, employment, and where appropriate independent living after school.
The first IEP in effect when a student turns 16 must include appropriate measurable postsecondary goals and transition services, updated annually. Earlier planning may be appropriate.
What to do next
- Check the IEP that will be in effect on the student’s sixteenth birthday.
- Request age-appropriate transition assessment and discuss the student’s interests and goals.
- Ask the team to identify services and courses needed and include the student in transition discussions.
What could change this answer?
- States may require planning before the federal age threshold.
- Independent-living goals depend on the student’s needs; adult agencies have separate eligibility rules.
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Can my child be removed from the regular classroom just because the curriculum needs modification?Federal rule · specific setting
Federal rule · specific setting
For this situationChildren eligible for federal special-education services whose classroom placement is being changed because of modified instruction.
Federal special-education law says a child cannot be removed from an age-appropriate regular classroom solely because the general curriculum needs modification.
What to do next
- Ask which specific needs the proposed placement addresses and what supports were considered.
- Request discussion of supplementary aids and services in the regular classroom.
- Ask for the placement decision and reasons in writing and review dispute options in the procedural safeguards.
What could change this answer?
- Whether education can be achieved satisfactorily with supports matters.
- Placement must be based on the IEP and decided by a group that includes the parents.
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Can a district refuse summer special-education services because my child has the wrong disability label?Federal rule · specific setting
Federal rule · specific setting
For this situationStudents eligible for federal special-education services whose needs may require services beyond the normal school year.
No. Extended school year services must be considered individually when necessary for a free appropriate public education. Districts cannot restrict them to particular disability categories.
What to do next
- Ask the IEP team to consider extended-school-year before the school year ends.
- Bring data about skill loss, recovery, progress, or other relevant individual needs.
- Request written reasons if services are refused because of a disability label or fixed program limit.
What could change this answer?
- The services needed depend on the individual student’s need for a free appropriate public education.
- A district cannot unilaterally cap the type, amount, or duration of necessary extended-school-year services.
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Can my child take a school-provided communication device home if it is needed for the IEP?Federal rule · specific setting
Federal rule · specific setting
For this situationChildren eligible for federal special-education services who need assistive technology outside the classroom to receive an appropriate education.
Federal special-education law requires access to school-purchased assistive technology at home or elsewhere when the IEP team determines it is necessary for the child to receive a free appropriate public education.
What to do next
- Describe the homework, communication, or other educational need that requires use outside school.
- Ask the IEP team to decide and document necessary home access and training.
- Clarify transport, charging, repair, and backup arrangements so the support works in practice.
What could change this answer?
- The IEP team’s determination of educational necessity is central.
- A different effective device or arrangement may meet the need, depending on the child’s circumstances.
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Can transportation be an IEP service when my child cannot safely use the regular school bus?Federal rule · specific setting
Federal rule · specific setting
For this situationStudents eligible for federal special-education services whose disability-related travel needs affect access to special education.
Transportation can be a required special-education related service when needed for a child to benefit from special education, including required specialized equipment.
What to do next
- Describe the specific boarding, mobility, medical, or supervision difficulty to the IEP team.
- Request an individualized transportation assessment and discussion of necessary supports.
- Ask the team to document the service and practical arrangements in the IEP if required.
What could change this answer?
- The child’s educational access and functional needs determine the service.
- Ordinary transportation rules and requirements for disability-related related services are different questions.
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My child with an IEP is being expelled. Must the school review whether the behavior was disability-related?Federal rule · specific setting
Federal rule · specific setting
For this situationStudents eligible for federal special-education services facing discipline that constitutes a change of placement.
Within ten school days of a decision to change placement for a conduct violation, the district, parent, and relevant IEP team members must review whether the behavior was directly related to disability or resulted from failure to implement the IEP. This is a manifestation determination.
What to do next
- Request the removal dates, disciplinary decision, and manifestation-review meeting details.
- Gather the IEP, implementation records, evaluations, and relevant behavior information.
- Discuss disability connection and any failure to implement the IEP; request the decision and appeal safeguards promptly.
What could change this answer?
- A pattern of shorter removals can count as a placement change.
- The outcome depends on disability relationship and IEP implementation, not merely the existence of a diagnosis.
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Can my child with a disability be routinely excluded from physical education instead of receiving needed supports?Federal rule · specific setting
Federal rule · specific setting
For this situationChildren eligible for federal special-education services whose school replaces PE with sitting out or unrelated tasks because of disability.
Federal special-education law requires physical education, specially designed when necessary, for eligible children. Children generally must have an opportunity to participate in regular PE unless specified exceptions apply.
What to do next
- Ask what PE instruction and accommodations the child currently receives.
- Request IEP-team consideration of regular PE participation and any specially designed instruction needed.
- Document repeated exclusion and ask the special-education administrator for a written response.
What could change this answer?
- A child in a separate facility must still receive appropriate PE.
- A need for specially designed PE in the IEP may justify a different setting or instruction.
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If I voluntarily choose a private school, must the district provide every service from the public-school IEP there?Federal rule · specific setting
Federal rule · specific setting
For this situationParents voluntarily enrolling a child with a disability in a private school at their own expense.
No. A parentally placed private-school child has no individual entitlement under federal special-education law to all services they would receive in public school. Eligible children may receive designated equitable services.
What to do next
- Ask the district responsible for private-school child find about evaluation and equitable services.
- Request information about the consultation process and criteria for selecting children and services.
- If your child is selected, obtain the services plan and clarify location, schedule, and transportation arrangements.
What could change this answer?
- Who placed the child and why materially changes the rules.
- Available equitable services are determined through the federal private-school special-education process and may differ from a public-school individualized education program (IEP).
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We lost housing and do not have school or vaccination records. Can the school delay enrollment?Federal rule · specific setting
Federal rule · specific setting
For this situationChildren and youths who lack a fixed, regular, and adequate nighttime residence and seek public-school enrollment.
McKinney-Vento requires immediate enrollment of eligible homeless children and youths even when normally required records are missing. The school must assist in obtaining necessary records.
What to do next
- Describe the current living situation and ask to speak with the district homeless liaison.
- Request immediate enrollment while staff obtain school and health records.
- Keep any refusal and ask the liaison about the written dispute and appeal process.
What could change this answer?
- Sharing housing qualifies when caused by loss of housing, economic hardship, or a similar reason.
- School selection and best-interest considerations are separate from missing paperwork.
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After losing housing, can my child get transportation to stay at the school of origin?Federal rule · specific setting
Federal rule · specific setting
For this situationMcKinney-Vento-eligible students seeking continuity at their school of origin.
For an eligible homeless child, transportation to and from the school of origin must be provided or arranged upon a parent’s request, or the liaison’s request for an unaccompanied youth.
What to do next
- Tell the district homeless liaison where the student is temporarily staying.
- Request school-of-origin attendance and transportation in writing.
- If two districts are involved, ask their liaisons to arrange transportation and provide a start date.
What could change this answer?
- The child’s best interest and the parent’s or youth’s wishes affect school selection.
- After permanent housing is obtained, school-of-origin protection generally continues through that academic year.
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The district disputes whether we qualify as homeless. Must my child stay out of school during the appeal?Federal rule · specific setting
Federal rule · specific setting
For this situationChildren and youths in a McKinney-Vento dispute with a public-school district.
No. During a covered eligibility, school-selection, or enrollment dispute, the child must be immediately enrolled in the school sought pending resolution, including available appeals.
What to do next
- Ask for the district’s written decision, explanation, and appeal rights.
- Request immediate enrollment pending resolution and contact the homeless liaison.
- Submit your appeal within the stated process and keep records of missed attendance or services.
What could change this answer?
- A dispute about an unrelated educational issue may use a different process.
- Unaccompanied youths can obtain liaison help without a parent completing the process.
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Can a school send essential enrollment and discipline information only in English to a parent who cannot understand it?Federal rule · specific setting
Federal rule · specific setting
For this situationLimited-English-proficient parents communicating with schools receiving federal financial assistance.
Title VI requires meaningful communication with limited-English-proficient parents about important school information in a language they can understand.
What to do next
- Tell the school your preferred language and identify the notice or meeting you cannot understand.
- Request competent interpretation or translated essential information at no charge.
- Save unresolved requests and report the communication barrier through the district or Education OCR.
What could change this answer?
- A parent may need language assistance even when the child speaks English fluently.
- Essential information can include enrollment, discipline, special education, and meaningful participation in school programs.
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Can a school stop English-language services because my child also qualifies for special education?Federal rule · specific setting
Federal rule · specific setting
For this situationEnglish learners with disabilities in covered public-school programs.
No. A student eligible for both must receive appropriate language assistance and disability-related services; the school cannot require a choice between them.
What to do next
- Ask the English-learner and special-education teams to identify both sets of needs.
- Request a coordinated plan showing when each required service is delivered.
- Document any either-or demand and raise it with the district’s civil-rights coordinator or Education OCR.
What could change this answer?
- Parents may choose to decline particular language services through the applicable process.
- The type and intensity of each service depend on an individualized assessment, not the disability or language label alone.
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Students repeatedly direct racial slurs at my child. Does the school have responsibilities after learning about it?Federal rule · specific setting
Federal rule · specific setting
For this situationStudents facing race, color, or national-origin harassment at schools receiving federal aid.
A federally funded school must address racial or national-origin harassment that creates a hostile environment and take effective steps to end it, prevent recurrence, and remedy its effects.
What to do next
- Report specific incidents, dates, witnesses, and educational effects to school administrators.
- Request a prompt response, practical protection, and a written explanation of next steps.
- Preserve further incidents and consider Education OCR if the school’s response is inadequate.
What could change this answer?
- Title VI covers shared ancestry or ethnic characteristics, which can overlap with religion.
- A school’s knowledge and response affect the legal analysis; urgent threats also need immediate safety reporting.
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I turned 18 but am still in high school. Who now controls my FERPA rights?Federal rule · specific setting
Federal rule · specific setting
For this situationStudents at FERPA-covered schools who have reached age 18.
FERPA rights generally transfer from the parent to the student at age 18, even while the student remains in high school.
What to do next
- Tell the records office you want to exercise your eligible-student access and consent rights.
- Review existing disclosure authorizations and decide what access you want to authorize.
- Ask the school to identify the legal basis for any parent disclosure you question.
What could change this answer?
- Rights also transfer upon attendance at a postsecondary institution at any age.
- Tax-dependent status and qualifying health or safety emergencies can permit certain parent disclosures.
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Can a school deny me my child’s records just because I am the noncustodial parent?Federal rule · specific setting
Federal rule · specific setting
For this situationParents seeking records at a FERPA-covered school before rights transfer to the eligible student.
FERPA generally gives both custodial and noncustodial parents rights unless a court order, state law, or other binding document specifically removes them.
What to do next
- Make a records request and identify your relationship to the child.
- Provide relevant custody documents if requested, focusing on any actual restriction on educational rights.
- Ask for the specific legal basis if the school relies only on a noncustodial label to refuse access.
What could change this answer?
- A protective or custody order may specifically restrict these rights.
- FERPA rights ordinarily transfer when the student turns 18 or attends postsecondary education.
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My child’s discipline record also mentions other students. Can the school refuse all access for that reason?Federal rule · specific setting
Federal rule · specific setting
For this situationParents or eligible students requesting access to a mixed-student education record under 34 CFR 99.12.
When an education record contains information about multiple students, FERPA gives you access to the information specifically about your child, rather than unrestricted access to everyone’s information.
What to do next
- Identify the record and the information about your child that you seek.
- Ask the records officer about redaction, segregating the relevant information, or another lawful access method.
- Keep a blanket refusal and raise the access issue through the school’s records process or SPPO.
What could change this answer?
- What can be separated without disclosing another student’s protected information matters.
- Whether the item is an education record directly related to the student affects FERPA coverage.
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Is there a deadline to complain to the federal student-privacy office about a FERPA violation?Federal rule · specific setting
Federal rule · specific setting
For this situationParents and eligible students alleging a FERPA violation by a covered educational agency or institution.
A FERPA complaint generally must reach the Student Privacy Policy Office within 180 days of the violation or when you knew or reasonably should have known of it.
What to do next
- Record the relevant event and when you learned of it.
- Use SPPO’s FERPA complaint form to explain the school, facts, dates, and right involved.
- Include relevant correspondence and retain a copy and proof of submission.
What could change this answer?
- The person filing generally must hold the FERPA rights at issue.
- Disagreement with a substantive academic decision is not by itself a FERPA violation.
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Federal rule. State or local protections may add to it. Legal review pending.
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Will my college automatically identify my disability and arrange academic adjustments?Federal rule · specific setting
Federal rule · specific setting
For this situationQualified students with disabilities at federally funded colleges or public postsecondary institutions.
Usually no. In postsecondary education, students seeking disability adjustments generally must identify their need and follow the school’s reasonable request process.
What to do next
- Contact disability services before the support is needed and describe the access barrier.
- Ask for the request procedure, documentation requirements, and expected response time.
- Work with staff on an effective adjustment and use the grievance process if access remains unresolved.
What could change this answer?
- The school can require reasonable documentation supporting disability and the needed adjustment.
- Schools need not lower essential academic requirements or fundamentally alter a program.
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Federal rule. State or local protections may add to it. Legal review pending.
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Does my high-school IEP automatically require my college to provide the same accommodations?Federal rule · specific setting
Federal rule · specific setting
For this situationStudents transitioning from high-school special-education or Section 504 disability services to college.
No. A college applies postsecondary disability standards and its documentation process. A former IEP can be helpful evidence but does not automatically control college adjustments.
What to do next
- Obtain the IEP, evaluations, and relevant records before leaving high school.
- Ask college disability services what documentation it needs for each requested adjustment.
- Explain the current access barrier and discuss effective supports for the college setting.
What could change this answer?
- Some colleges accept existing documentation; others may reasonably need additional information.
- A college is not required to provide the same free appropriate public education services required of a public K-12 school.
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Must my college hire an attendant to help me dress and eat during the day?Federal rule · specific setting
Federal rule · specific setting
For this situationCollege students with disabilities arranging personal assistance and academic access.
Federal postsecondary disability rules do not generally require colleges to provide personal attendants or services of a personal nature. They still must address educational access obligations.
What to do next
- Separate personal-care tasks from classroom, communication, and program-access needs.
- Ask disability services which educational supports the institution will provide.
- Coordinate personal assistance through available community, benefits, or personal arrangements and challenge any unrelated educational access denial.
What could change this answer?
- A college may voluntarily offer services beyond its federal minimum duties.
- The function of the requested assistance, not merely its label, affects whether it is personal or an educational aid.
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Can a professor apply a blanket no-recording rule to a student who needs recording as a disability aid?Federal rule · specific setting
Federal rule · specific setting
For this situationQualified college students needing lecture recording or a comparable aid because of disability.
A college cannot apply a rule that improperly prevents use of an effective disability-related auxiliary aid. It should consider the student’s access need and an appropriate accommodation.
What to do next
- Request the aid through disability services and explain the functional need.
- Ask staff to coordinate an effective arrangement with the instructor.
- Discuss reasonable confidentiality or copyright agreements and use the disability grievance process if access is denied.
What could change this answer?
- Another aid may be appropriate if it is actually effective for the student.
- The institution can address legitimate copyright or speech concerns through suitable limits on use.
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Federal rule. State or local protections may add to it. Legal review pending.
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My college offers dorms. Can it charge more for the accessible room I need?Federal rule · specific setting
Federal rule · specific setting
For this situationQualified students with disabilities seeking institution-provided housing at covered colleges.
When covered colleges provide housing to nondisabled students, they must provide comparable, convenient, accessible housing to students with disabilities at the same cost.
What to do next
- Submit the disability-related housing request within the school’s housing process.
- Explain the needed features and ask for comparable options and their charges.
- Keep offers and pricing, then use the disability grievance process or Education OCR if disability access creates an unequal charge.
What could change this answer?
- The comparison concerns comparable accessible housing, not every optional luxury feature.
- Privately operated off-campus housing can involve different legal duties and complaint routes.
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How do I document a problem at school?Background reading
Background reading
Start with school communications; policies and relevant dates; requests and responses.
Keep your own observations separate from what someone told you. These are preparation steps, not a finding about your rights or eligibility.
This is background information, not a state-specific answer. Legal review pending.
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LGBTQ+ rights
Can I be fired just for being gay or transgender?Background reading
Background reading
The Supreme Court held in Bostock that firing someone because they are gay or transgender violates Title VII’s ban on sex discrimination.
This is background information, not a state-specific answer. Legal review pending.
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Which California court forms let an adult request both gender recognition and a name change?Background reading
Background reading
Choose CA for this jurisdiction’s answer.
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California law
For this situationAn adult requesting California court recognition of gender and sex identifier together with a name change.
Use the current NC-300 petition and proposed NC-330 order, with the required cover sheet and any applicable attachments.
What to do next
- Download NC-300, NC-330 and CM-010 from the California Courts guide.
- Check with the local superior court self-help center for local forms and any applicable certificate attachments.
- File the completed packet, request a fee waiver if eligible and keep the filed copy and final order.
What could change this answer?
- Changing a child’s or marriage certificate adds specific attachments and possible consent or service requirements.
- Changing only a DMV marker can use a separate administrative process.
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Can I ask California to make an older gender-related name-change court file confidential?Background reading
Background reading
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California law
For this situationCalifornia cases involving a name change to match gender identity, gender recognition or both.
Yes. For petitions filed before July 1, 2026, use NC-015 and proposed order NC-030 to request confidentiality; there is no filing fee for that request.
What to do next
- Identify the case number, filing date and court holding the record.
- Complete NC-015 and NC-030 using the court’s current instructions.
- File with that court and verify both the order and any publicly searchable docket information afterward.
What could change this answer?
- Covered petitions filed on or after July 1, 2026 generally receive automatic confidentiality.
- If a covered record remains public despite the rule, NC-015 item 5(b) provides a corrective request.
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Do I need a court gender order to select M, F or X on a California driver’s license?Background reading
Background reading
Choose CA for this jurisdiction’s answer.
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California law
For this situationA person updating the gender category on a California DMV license or ID.
California DMV allows self-selection of male, female or nonbinary on a license or ID through its update process.
What to do next
- Complete a new DMV license or ID application with the requested category.
- Gather your current card and any separately required REAL ID documents.
- Visit a DMV field office to finish the update and pay the applicable fee.
What could change this answer?
- A simultaneous name change requires the separate name-change steps.
- An online application alone does not complete the gender-category change.
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Must an adult give Maryland MVA medical proof to change a license gender marker?Background reading
Background reading
Choose MD for this jurisdiction’s answer.
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Maryland law
For this situationAn adult updating a Maryland driver’s license or identification card gender designation.
No. Maryland MVA does not require gender-change documentation and offers M, F and X selections.
What to do next
- Schedule a gender-designation update appointment with MVA.
- Bring your existing credential and complete the selection and certification process.
- Review the new card information and separately complete any legal-name update requirements.
What could change this answer?
- Applicants under 18 have an additional parent or guardian approval rule.
- A marker change at MVA does not automatically change every other agency’s record.
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How can a Maryland adult obtain a judicial declaration of gender identity?Background reading
Background reading
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Maryland law
For this situationAn adult seeking a Maryland judicial declaration of gender identity.
File the adult petition CC-DR-120 in an eligible circuit court. It may include a name-change request.
What to do next
- Use CC-DR-120 and select the circuit court for a permitted location, such as where you live.
- Sign with your current legal name and attach supporting documents; include current-name proof if also changing your name.
- Follow court instructions and request certified copies after approval for the institutions that require them.
What could change this answer?
- MVA’s gender-marker update does not require this court order.
- Requests for minors use a different petition and consent or service procedures.
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How do I update my gender or recent name change on Maryland’s voter record?Background reading
Background reading
Choose MD for this jurisdiction’s answer.
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Maryland law
For this situationA registered Maryland voter updating gender or legal-name information.
Use Maryland’s online voter-registration system, a registration application or a signed written notice to the local election board.
What to do next
- Submit the update through the election board’s official route and keep confirmation.
- Check the voter record before voting, especially after an MVA update.
- If the old name remains at check-in, explain the recent change and provide enough information to locate the record and complete a Voter Update Form.
What could change this answer?
- Forms offer Male, Female and Unspecified or Other.
- MVA changes made 21 days or less before an election may require an update at the voting location.
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Must my birth-certificate gender match the marker I request on a DC license?Background reading
Background reading
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District of Columbia law
For this situationAn applicant establishing or changing a DC DMV license or ID gender designation.
No. DC DMV’s self-designation process does not require a prior birth-certificate change or matching gender markers on every ID.
What to do next
- Complete and sign DC DMV’s Gender Self-Designation Form.
- Bring the required credential materials, pay the applicable card fee and have a new photograph taken.
- Review the issued marker and keep the transaction record for any correction request.
What could change this answer?
- You may select the best-fitting designation, including X.
- Staff should not demand additional gender-related medical records beyond the designated form.
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How does federal law decide whether a same-sex couple is married for a federal program?Federal rule · specific setting
Federal rule · specific setting
For this situationFederal laws or regulations in which marital status is a factor under 1 USC § 7.
A marriage between two people is recognized if valid where entered into under the law then applicable, subject to the statute’s rule for marriages outside US jurisdictions.
What to do next
- Obtain the official marriage certificate and identify the place and date of marriage.
- Provide the program’s requested marriage evidence and keep copies.
- If recognition is denied, request the written reason and use that program’s review or appeal process on time.
What could change this answer?
- Foreign marriages must also be of a kind that could have been entered into in a US state.
- A domestic partnership or civil union is not automatically a marriage under this rule.
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Can a state official reject an out-of-state marriage solely because the spouses are the same sex?Federal rule · specific setting
Federal rule · specific setting
For this situationState-government recognition of a marriage between two individuals documented in another state.
Federal law prohibits a person acting under state law from denying recognition of another state’s marriage record or resulting claim on that basis.
What to do next
- Present the official marriage record and the specific benefit or claim requested.
- Ask for a written decision identifying the reason for any refusal.
- Preserve the refusal and obtain legal advice promptly about review and the declaratory or injunctive remedies in § 1738C.
What could change this answer?
- The statute also addresses denials based on race, ethnicity or national origin.
- Private religious solemnization services present different statutory protections and exceptions.
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Can an attack motivated by perceived sexual orientation or gender identity be a federal hate crime?Federal rule · specific setting
Federal rule · specific setting
For this situationSuspected criminal violence or threats motivated by anti-LGBTQ bias.
Yes, qualifying bias-motivated crimes can fall under federal hate-crime law, including bias about a person’s perceived identity.
What to do next
- Reach safety and request emergency assistance if the threat is immediate.
- Preserve the exact threatening words, injuries, damaged property and witness details when safe.
- Report the incident to local law enforcement and the FBI, explaining the facts suggesting bias without guessing at motive.
What could change this answer?
- A bias incident without criminal conduct has different remedies.
- State hate-crime definitions and federal jurisdiction can differ.
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How can I organize a discrimination concern?Background reading
Background reading
Start with relevant communications; where and when it happened; what outcome you want.
Keep your own observations separate from what someone told you. These are preparation steps, not a finding about your rights or eligibility.
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Religion & belief
Can I ask for time to observe my religion at work?Background reading
Background reading
Yes. Tell your employer about the conflict and the change you need, such as a shift swap or schedule adjustment. Covered employers must reasonably accommodate sincere religious practices unless the burden is substantial in the context of the business.
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Can I ask to wear religious clothing at work?Background reading
Background reading
Yes. Religious dress and grooming can be part of a workplace accommodation request. Explain the religious need and discuss possible adjustments.
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Can my employer require me to join a religious activity?Background reading
Background reading
Under Title VII, participating in, or refusing to participate in, religious activity cannot be made a condition of employment by a covered employer.
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Can my employer move me out of public view because customers dislike my religious clothing?Federal rule · specific setting
Federal rule · specific setting
For this situationA private or state/local employer covered by Title VII, generally with at least 15 employees, assigning work because of religious appearance.
A covered employer cannot assign you to a non-customer-facing job because of actual or feared customer prejudice about religious dress or grooming. Customer preference is not a defense to religious discrimination.
What to do next
- Record the reason given for moving you, including who mentioned customer reactions and when. Save schedules and messages.
- Tell the employer the dress or grooming practice is religious and request an explanation and correction of the reassignment.
- Contact the EEOC promptly if the explanation remains customer preference. Preserve changes in pay, duties, hours, or promotion opportunities.
What could change this answer?
- Coverage exceptions, including issues involving religious organizations or ministerial roles, can alter the analysis.
- The employer’s stated reason and actual evidence matter. This guide does not decide whether a particular safety restriction is justified.
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My manager targets me because she wrongly thinks I am Muslim. Can that still be religious discrimination?Federal rule · specific setting
Federal rule · specific setting
For this situationApplicants and employees of employers covered by Title VII, generally those with at least 15 employees.
Yes. Title VII can prohibit adverse treatment because of an employer’s perception of your religion even when that perception is incorrect.
What to do next
- Record the religious comments and the job decision, with dates and witnesses.
- Preserve relevant messages and compare how similar conduct by other workers was treated.
- Report the discrimination through the employer’s process and contact EEOC promptly about filing deadlines.
What could change this answer?
- Race or national-origin discrimination may overlap with the perceived religious bias.
- Federal employment uses a separate EEO process with a generally much shorter initial contact deadline.
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Can an employer deny me promotion because my spouse belongs to a different religion?Federal rule · specific setting
Federal rule · specific setting
For this situationWorkers at Title VII-covered employers who face adverse treatment tied to a spouse’s or associate’s religion.
Title VII can prohibit discrimination because of your association with a person of a particular religion, including a spouse.
What to do next
- Keep the promotion criteria, your application, and any comments about the relationship.
- Write down who made the decision and when you learned of it.
- Raise the religious-association concern with HR and consider an EEOC charge within the applicable deadline.
What could change this answer?
- A legitimate reason unrelated to religion can change the analysis.
- Religious-organization and ministerial exceptions require separate evaluation in faith-based employment.
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My private-sector boss says only believers can be promoted. Are atheist employees protected?Federal rule · specific setting
Federal rule · specific setting
For this situationApplicants and employees at Title VII-covered secular workplaces facing a religious-belief condition for advancement.
Yes. Title VII’s religious-discrimination protection includes people who do not hold religious beliefs. Covered secular employers generally cannot condition advancement on belief.
What to do next
- Save the stated promotion condition and evidence of your qualifications.
- Ask for the job-related selection criteria and record how they were applied.
- Report the belief requirement to HR or EEOC promptly, preserving relevant correspondence.
What could change this answer?
- Employer size and the nature of the organization affect coverage.
- Personal disagreement with a manager’s religion is different from an adverse employment decision based on your nonbelief.
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Can HR reject my religious request just because my belief is not part of a recognized church?Federal rule · specific setting
Federal rule · specific setting
For this situationEmployees at Title VII-covered workplaces seeking accommodation of an unfamiliar religious belief or practice.
No. Title VII can protect sincere religious beliefs that are uncommon or held by very few people; membership in a recognized denomination is not required.
What to do next
- Explain the religious nature of the belief and the work requirement that conflicts with it.
- Describe a practical adjustment and respond to reasonable questions about the conflict.
- Ask for the decision and reasons in writing if the request is dismissed solely because no recognized church endorses it.
What could change this answer?
- Sincerity and whether the belief is religious remain relevant.
- Accommodation may be denied for undue hardship under the substantial-burden standard described in Groff.
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Must I obtain a clergy letter before my employer will consider religious accommodation?Federal rule · specific setting
Federal rule · specific setting
For this situationEmployees at Title VII-covered workplaces asked to substantiate a religious accommodation request.
There is no universal clergy-letter requirement. When reasonable doubts justify further information, an employee’s explanation or other evidence may be enough.
What to do next
- Ask HR what specific information is needed and what uncertainty it would address.
- Provide a clear personal explanation and available supporting information responsive to that concern.
- If a clergy letter is impossible or inappropriate, explain why and offer a suitable alternative.
What could change this answer?
- Objective reasons to doubt sincerity can justify limited follow-up questions.
- Even third-party support need not necessarily come from clergy or a fellow congregant.
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Can my employer dismiss a religious accommodation request because I did not follow the practice last year?Federal rule · specific setting
Federal rule · specific setting
For this situationEmployees at covered workplaces whose current religious practice conflicts with a work requirement.
Not automatically. Religious beliefs and observance can change, so a newly adopted practice can be sincere and protected by Title VII.
What to do next
- Explain the current belief, the conflict, and when the need arose.
- Offer a workable accommodation and answer reasonable questions about the change.
- Keep the response and seek EEOC guidance if the request is rejected solely because your previous observance differed.
What could change this answer?
- The employer may evaluate sincerity using the full circumstances.
- The duty to accommodate depends on available effective options and whether they impose undue hardship under current law.
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A coworker keeps pressuring me to convert after I asked him to stop. Can this become unlawful harassment?Federal rule · specific setting
Federal rule · specific setting
For this situationEmployees at Title VII-covered workplaces facing unwelcome religious or antireligious pressure.
Yes. Repeated unwanted religious pressure can become unlawful when sufficiently severe or pervasive to create a hostile work environment.
What to do next
- If comfortable, clearly state that the religious pressure is unwelcome.
- Document repetition, exact conduct, witnesses, and effects on work.
- Use the employer’s harassment reporting process and contact EEOC if the response is inadequate or retaliation occurs.
What could change this answer?
- Frequency, severity, and whether the conduct was unwelcome matter.
- Pressure tied to promotion, discipline, or a supervisor’s authority can raise additional discrimination issues.
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Can a religious charity require staff to share its faith even for a non-clergy job?Federal rule · specific setting
Federal rule · specific setting
For this situationApplicants and workers assessing a religious qualification imposed by a faith-based employer.
A qualifying religious organization may prefer employees of its religion under Title VII’s religious-organization exemption, including for some secular duties.
What to do next
- Keep the job description, stated religious requirement, and reason for the employment decision.
- Identify whether the organization is actually religious in purpose and character, not merely owned by a religious person.
- Ask EEOC or a qualified employment adviser to assess which exceptions apply to the particular role and claim.
What could change this answer?
- The organization’s characteristics and the real basis for its decision matter.
- A role performing important religious functions can also involve the separate ministerial exception.
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Can a public school stop me from quietly praying during lunch while classmates can have other private conversations?Federal rule · specific setting
Federal rule · specific setting
For this situationPublic-school students engaging in voluntary personal prayer during lunch, recess, or similar free time.
Students generally may pray privately during noninstructional time on the same terms as comparable nonreligious expression. A school cannot single it out simply because it is religious.
What to do next
- Ask which rule applies and whether it is also applied to comparable nonreligious activity.
- Explain that the activity is voluntary, student-initiated, and will not disrupt instruction.
- Keep any restriction or discipline and raise it with the principal, district, or Justice Department.
What could change this answer?
- Instructional activities and school-sponsored expression require additional analysis.
- Harassment, coercion, and disruption are not protected merely because conduct has religious content.
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Our public high school allows noncurricular clubs but rejected our religious student club. Is equal access required?Federal rule · specific setting
Federal rule · specific setting
For this situationStudents seeking noninstructional meeting access at federally funded public secondary schools allowing noncurricular groups.
The Equal Access Act generally forbids a federally funded public secondary school with a limited open forum from excluding a student group because its meeting content is religious.
What to do next
- Obtain the club policy and identify comparable noncurricular clubs already permitted.
- Submit a student-led request that addresses the neutral meeting requirements.
- Request written reasons for denial and report unequal access through the district or Justice Department.
What could change this answer?
- The Act’s specific coverage is public secondary schools, not every elementary school or college.
- Outside adults cannot direct, control, or regularly attend the group’s activities under the statutory conditions.
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Can my public-school teacher require me to join a prayer as part of class?Federal rule · specific setting
Federal rule · specific setting
For this situationStudents in public elementary or secondary schools facing a teacher-imposed religious exercise.
No. Public schools cannot require students to participate in prayer or religious expression. Students also retain their own rights to voluntary religious expression.
What to do next
- Record what students were instructed to do and whether refusal carried a penalty.
- Tell the principal you seek participation in class without compelled religious observance.
- Keep the response and report unresolved coercion through the district or Justice Department civil-rights process.
What could change this answer?
- Whether the activity is compulsory, school-sponsored, or genuinely private matters.
- Academic teaching about religion can be lawful and is different from requiring worship.
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Can a state prison refuse every diet option compatible with my sincere religious practice?Federal rule · specific setting
Federal rule · specific setting
For this situationPeople in state or local prisons or jails covered by the Religious Land Use and Institutionalized Persons Act seeking a religiously compatible diet.
A federal religious-freedom law protects covered prisoners against substantial burdens on religious exercise unless the restriction is the least restrictive way to serve a compelling government interest. Religious diets can fall within that protection.
What to do next
- Request the diet through the facility’s religious-accommodation process and explain the restriction.
- Keep requests, denials, meal information, and any health concerns; seek medical help for health effects.
- Use available grievance appeals and report the issue to the Justice Department if unresolved.
What could change this answer?
- Federal facilities generally involve a different statute and process.
- Prison grievance exhaustion can be necessary before a lawsuit; a DOJ report does not replace it.
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Federal rule. State or local protections may add to it. Legal review pending.
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A state prison says all beards are forbidden. Can I ask for an exception for religious grooming?Federal rule · specific setting
Federal rule · specific setting
For this situationPeople in state or local institutions covered by the Religious Land Use and Institutionalized Persons Act whose religious grooming conflicts with a facility rule.
Yes. A federal religious-freedom law requires covered institutions to justify a substantial burden on sincere religious grooming under its compelling-interest and least-restrictive-means standard.
What to do next
- Explain the religious grooming practice and request an accommodation in writing.
- Ask for the particular reasons for denial and propose feasible security measures when appropriate.
- Preserve decisions, complete available grievance appeals, and report the restriction to the Justice Department.
What could change this answer?
- A ruling about one beard length or institution does not decide every grooming request.
- Federal custody and private litigation deadlines or exhaustion requirements need separate assessment.
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The zoning board allows secular assembly halls but bars our house of worship. Can federal law help?Federal rule · specific setting
Federal rule · specific setting
For this situationReligious assemblies and institutions facing state or local zoning or landmarking restrictions.
A federal religious-freedom law prohibits certain unequal or discriminatory treatment of religious assemblies in zoning and landmarking decisions. Comparing similarly situated secular uses can be important.
What to do next
- Keep the application, zoning provisions, hearing record, and written decision.
- Identify permitted comparable assembly uses and document any religion-based statements or unequal conditions.
- Observe local appeal deadlines and report the facts to the Justice Department’s religious land-use complaint contact.
What could change this answer?
- The type of land-use regulation and comparison properties affect which provision of the federal law applies.
- A substantial-burden claim has separate jurisdictional and factual requirements from an equal-terms claim.
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A social-service provider with a direct HHS grant says I must join worship to receive help. Is that allowed?Federal rule · specific setting
Federal rule · specific setting
For this situationPeople seeking social services supported directly by HHS financial assistance from a faith-based or secular provider.
Generally no. Explicitly religious activities must be voluntary and separated in time or location from services supported by direct HHS financial assistance. Beneficiaries also have religious nondiscrimination protections.
What to do next
- Ask for the beneficiary-rights notice and identify the funding agency or pass-through entity.
- State that you want the funded service without participating in worship and keep any refusal.
- Complain to the awarding entity identified in the notice or contact HHS OCR about the religious-freedom concern.
What could change this answer?
- Religious symbols in a provider’s building do not by themselves violate these rules.
- The specific grant and any lawful accommodation affect the applicable obligations.
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What should I keep if my religious practice is restricted?Background reading
Background reading
Start with the request or restriction; relevant policies; written responses and dates.
Keep your own observations separate from what someone told you. These are preparation steps, not a finding about your rights or eligibility.
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Consumer & identity
What must a debt collector tell me?Background reading
Background reading
A collector generally must provide information identifying the creditor, the amount and how to dispute it. The notice should show the end of your 30-day dispute period.
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A collector says I owe money I do not owe. What do I send?Federal rule · specific setting
Federal rule · specific setting
For this situationA personal, family or household debt handled by a collector covered by federal debt-collection law. A bill from the original creditor may follow different rules.
Send a written dispute within the 30-day period on the debt validation notice. A covered collector must pause collection of the disputed amount until it provides verification.
What to do next
- Find the dispute deadline, creditor, amount and reference number on the notice.
- Write which debt or amount you dispute. If you already paid, include copies of payment evidence. Keep the originals.
- Send your dispute to the collector’s address on the notice. Keep a copy and delivery proof; certified mail with a return receipt provides evidence.
Words you can use
I dispute [ALL / PART] of the debt in your notice dated [DATE], reference [NUMBER], because [REASON]. Please provide verification and the name and address of the original creditor. Please send your response in writing.
Replace the brackets with your details. Keep only what is true for you.
What could change this answer?
- Already past the 30 days? You can still dispute, but this particular pause-on-collection protection may not apply.
- Verify the collector before sending financial information or money.
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Federal rule. State or local protections may add to it. Legal review pending.
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Does freezing my credit cost money?Background reading
Background reading
No. Placing and lifting a credit freeze is free. Contact each of the three nationwide credit bureaus to freeze your reports.
A freeze makes it harder to open new credit in your name. It does not stop every kind of identity theft.
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What can I do if someone uses my identity?Background reading
Background reading
Go to IdentityTheft.gov to report the theft and get a recovery plan. For other fraud or scams, the FTC uses ReportFraud.ftc.gov.
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My credit card statement has a duplicate charge. How do I preserve my dispute rights?Federal rule · specific setting
Federal rule · specific setting
For this situationA billing error on a consumer credit card, such as the same purchase charged twice. Debit-card rules differ.
Make sure the card issuer receives your written billing-error notice at its billing-dispute address within 60 days after it sent the first statement showing the error. Calling alone may not preserve these protections.
What to do next
- Save the statement, receipt and the date the issuer sent the statement. Identify both duplicate entries.
- Write your name, account number, disputed amount and why it is wrong. Follow the statement’s dispute instructions and retain delivery proof.
- Track the response. The issuer generally must acknowledge your letter within 30 days unless it has already resolved the issue.
What could change this answer?
- You can withhold the disputed amount and related charges during the investigation, while paying correct charges.
- If the issuer concludes the bill is correct, read its explanation and payment deadline before deciding your next step.
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I lost my debit card this morning. How quickly should I tell the bank?Federal rule · specific setting
Federal rule · specific setting
For this situationA lost or stolen debit card linked to a consumer bank or credit-union account and transfers you did not authorize.
Report it immediately. Reporting within two business days after discovering the loss generally limits your liability for unauthorized transfers to the smaller of $50 or the unauthorized amount.
What to do next
- Use the bank’s official app or published telephone number to report the loss and request a replacement.
- Identify unauthorized withdrawals or purchases separately. Save the report time, confirmation number and any written follow-up instructions.
- Review later statements and report additional unauthorized transfers promptly; do not assume a replacement card resolves every disputed charge.
What could change this answer?
- A card you still possess but whose number was stolen can involve different liability rules.
- Transfers you knowingly authorized, including some scam payments, require a different analysis from a thief’s unauthorized use.
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Can I stop next week’s automatic gym payment from my bank account?Federal rule · specific setting
Federal rule · specific setting
For this situationA recurring electronic debit from a consumer deposit account. This is not a credit-card cancellation rule.
You can stop a preauthorized electronic transfer by notifying your bank at least three business days before the scheduled payment. Also tell the gym that you revoke its debit authorization.
What to do next
- Tell the company in writing that it no longer has permission to debit your account. Keep a dated copy.
- Give your bank the company name, payment date and amount, and request a stop-payment order at least three business days ahead.
- Ask about written confirmation and fees. If the bank requires confirmation within 14 days of an oral order, send it to the specified address.
What could change this answer?
- A missed confirmation deadline can end the bank’s obligation to honor the oral order.
- Cancel the underlying membership separately if that is your goal, and arrange another payment method for valid debts.
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My credit report lists a late payment I made on time. How do I challenge it?Federal rule · specific setting
Federal rule · specific setting
For this situationInaccurate or incomplete information in a consumer credit report, including payment history reported by a lender.
Dispute the specific entry with both the credit reporting company and the lender that supplied it. Include copies of payment evidence and explain exactly what should change.
What to do next
- Save the report and mark the account, month and status you dispute. Gather receipts or bank records.
- Send the dispute through the reporting company’s process and to the lender’s designated dispute address. Keep copies and delivery records.
- Read the investigation result and compare any updated report with your requested correction.
What could change this answer?
- Investigations generally take 30 days; specified situations allow up to 45 days.
- If the dispute remains unresolved, you can request a brief dispute statement in your file; that does not remove the entry or guarantee credit approval.
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A lender rejected my application because of my credit report. Can I get that report free?Federal rule · specific setting
Federal rule · specific setting
For this situationA credit application denied based on information in a consumer report under federal credit-reporting rules.
Yes. Request it from the reporting company identified in the adverse action notice within 60 days. This free report is separate from your regular free annual report.
What to do next
- Keep the denial notice and find the reporting company’s name, address and telephone number.
- Request the free report within 60 days and explain that the request follows adverse action.
- Review the report for mixed identities, inaccurate balances or payment errors, and dispute mistakes with the reporting company and information provider.
What could change this answer?
- The lender must give the main reasons for denial or explain how to request them; the report alone may not explain its decision.
- If you believe discrimination affected the decision, save application records and describe that concern separately in any complaint.
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Where can I get my actual credit reports without buying a monitoring subscription?Federal rule · specific setting
Federal rule · specific setting
For this situationYour own reports from the three nationwide credit bureaus. Other specialty reports have separate request routes.
Use AnnualCreditReport.com, the authorized route for free annual reports from Equifax, Experian and TransUnion. The bureaus also currently offer free weekly online reports there.
What to do next
- Type AnnualCreditReport.com yourself or follow the FTC’s official link. Avoid ads promising a free report with a trial.
- Select the bureaus you want and complete the identity-verification process on the authorized site. Save the reports securely.
- If online verification fails, use the official telephone or mail request options described by the FTC.
What could change this answer?
- Federal law guarantees the annual report; weekly online access is an additional bureau program.
- A report request may require identity information. A site asking for payment-card details to start a subscription is offering something different.
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An online store missed its promised shipping date. Do I have to keep waiting?Federal rule · specific setting
Federal rule · specific setting
For this situationCovered merchandise ordered online, by telephone or by mail from a seller subject to the FTC’s shipment rule.
A seller that cannot ship on time must tell you about the delay and let you choose between agreeing to wait and cancelling for a full refund. Without a promised time, the usual shipping deadline is 30 days.
What to do next
- Save the order confirmation, promised shipping date and proof of payment before the seller changes the listing.
- Ask the seller for the revised shipping date. If you want to cancel, state that clearly and request the full refund.
- Keep the cancellation and refund records. If the seller will not resolve it, contact your payment provider promptly and report suspected fraud.
What could change this answer?
- Agreeing to a delay can change the shipment deadline; retain the terms of that agreement.
- Payment disputes have separate deadlines and protections. Do not let repeated promises cause you to miss a credit-card dispute deadline.
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A debt collector keeps calling my work line even though personal calls are banned. Can I stop that?Federal rule · specific setting
Federal rule · specific setting
For this situationA collector covered by federal debt-collection law collecting a personal, family or household debt.
Tell the collector that your employer does not allow those calls. Once a covered collector knows you cannot receive its calls at work, it may not keep calling you there.
What to do next
- Tell the collector that your employer prohibits personal collection calls at that number. Keep a written copy when possible.
- Log later calls with dates, numbers, messages and the name of the person who called.
- If the collector discussed your debt with a coworker, save that person’s account of what was said and include it in a complaint.
What could change this answer?
- Collectors may make limited contacts with others to locate you, but generally cannot disclose that you owe a debt.
- An original creditor collecting its own debt may not be covered by these particular federal collector rules.
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Must a Maryland store disclose its no-refund policy before I buy?Background reading
Background reading
Choose Maryland to read this local rule and its limits.
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Maryland law
For this situationA Maryland consumer buying covered retail goods for personal use, including a covered online purchase.
For covered consumer goods, the merchant must disclose the refund or exchange policy in writing before purchase, including a policy that allows no refunds.
What to do next
- Before buying, read and photograph the posted policy or save the online policy and product page.
- If a return is refused, request the policy that was disclosed at purchase and preserve your receipt and correspondence.
- For missing or misleading disclosure, submit a Maryland Attorney General consumer complaint with copies of the advertisement, policy and receipt.
What could change this answer?
- Food, perishable goods, custom-made or custom-altered goods, and goods legally barred from resale have regulatory exemptions.
- In-person disclosure can use a conspicuous sign or label; online disclosure must appear on a web page before the transaction.
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A company mailed me merchandise I never ordered, then sent a bill. Must I pay?Federal rule · specific setting
Federal rule · specific setting
For this situationMerchandise a seller sent to you without your order or agreement.
No. Federal law generally lets you keep genuinely unordered merchandise without paying for it or returning it.
What to do next
- Check the addressee and your order history to confirm nobody authorized this purchase.
- Keep the mailing label, invoice and any demand for payment as evidence.
- Tell the seller you did not order it and report persistent billing to the FTC.
What could change this answer?
- An agreed subscription may create a payment obligation; investigate whether you actually enrolled.
- Unexpected packages can signal misuse of your account details, so check for unauthorized transactions.
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I bought a vacuum from a salesperson at my home yesterday. Can I cancel?Federal rule · specific setting
Federal rule · specific setting
For this situationA covered personal or household purchase made during an in-home sales visit.
For a covered home sale of $25 or more, the FTC Cooling-Off Rule gives you until midnight of the third business day after the sale to cancel for a refund.
What to do next
- Find the dated contract and cancellation address immediately.
- Sign and mail the cancellation form or a cancellation letter before the deadline; retain proof of mailing.
- Keep the goods available and track the seller’s refund and collection instructions.
What could change this answer?
- Saturday counts as a business day; Sundays and federal holidays do not.
- Emergency purchases and requested repair visits have exclusions; extra purchases during a repair visit can differ.
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The used-car salesperson promised a warranty, but the Buyers Guide says “as is.” What should I do?Federal rule · specific setting
Federal rule · specific setting
For this situationA used car offered by a dealer covered by the FTC Used Car Rule.
Have the dealer put the promised warranty in the Buyers Guide and contract before you sign. The Guide describes whether the dealer offers a warranty and becomes part of the sale.
What to do next
- Photograph the displayed Buyers Guide and compare it with the salesperson’s promise.
- Ask for each promised repair and warranty term in writing before paying.
- Take your final Guide and contract copies and report a dealer’s misleading warranty representations.
What could change this answer?
- Private sellers are outside this dealer rule.
- State warranty law can limit an “as is” sale; the Guide does not erase those protections.
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Can my car manufacturer void the warranty just because an independent shop changed my oil?Federal rule · specific setting
Federal rule · specific setting
For this situationA consumer vehicle with a manufacturer’s written warranty.
Generally no. A warrantor cannot condition coverage on paid use of its named dealer or branded parts merely because you used independent maintenance.
What to do next
- Keep maintenance invoices showing dates, mileage, parts and work performed.
- Ask for a written denial identifying the failed part and how the outside work caused the damage.
- Use the manufacturer’s warranty dispute process and report blanket dealer-only requirements to the FTC.
What could change this answer?
- Free required services or parts, and a valid FTC waiver, can change the tie-in rule.
- A separate service contract may contain different terms; read it alongside the warranty.
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A store says I can read the appliance warranty only after buying it. Is that right?Federal rule · specific setting
Federal rule · specific setting
For this situationShopping for a consumer product with a written warranty covered by federal disclosure rules.
Written warranties on covered consumer products must be available for you to examine before purchase. Ask to see the actual warranty rather than a salesperson’s summary.
What to do next
- Ask the seller for the full warranty before committing to the purchase.
- Check coverage length, excluded parts, labor costs and how to obtain service.
- Save the version you relied on and report a seller that withholds required warranty information.
What could change this answer?
- A separately priced service contract is different from the manufacturer’s included warranty.
- Implied warranty rights depend partly on state law and are not resolved by this federal summary.
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A standard purchase contract says I owe $500 if I leave a negative review. Can it do that?Federal rule · specific setting
Federal rule · specific setting
For this situationA business’s form contract restricting an honest consumer review of its goods or services.
The Consumer Review Fairness Act generally makes such clauses void in standardized consumer contracts and prohibits businesses from using them.
What to do next
- Save the contract, penalty demand and the review you posted or planned.
- Ask the business to identify the clause and withdraw its review-related demand.
- Report the contract restriction to the FTC and obtain legal help if a lawsuit or collection demand arrives.
What could change this answer?
- Individually negotiated terms and employment agreements fall outside this particular rule.
- Platforms may still remove abusive or irrelevant content under lawful moderation policies.
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A concert ticket shows a low price until mandatory service fees appear at checkout. Is that allowed?Federal rule · specific setting
Federal rule · specific setting
For this situationLive-event tickets advertised or sold under the FTC rule effective May 12, 2025.
The FTC fee rule requires covered live-event ticket sellers to display a total price including mandatory fees upfront, more prominently than other pricing.
What to do next
- Capture the first advertised price and the final checkout itemization.
- Separate mandatory service charges from optional items you affirmatively selected.
- Ask the seller to explain the undisclosed charge and report misleading price displays to the FTC.
What could change this answer?
- Government taxes and shipping may be excluded from the upfront total but must be disclosed before payment.
- The rule also covers short-term lodging, but not every type of product or service.
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My store gift card says it expires after two years. Can the store keep the money?Federal rule · specific setting
Federal rule · specific setting
For this situationA covered store gift card or general-use gift card purchased for personal use.
For a covered gift card, the underlying funds generally cannot expire earlier than five years after issuance or the last loading of funds.
What to do next
- Find the purchase or reload receipt and read the card’s printed expiration terms.
- Ask the issuer whether the funds remain valid and how to get a replacement card.
- Keep its written response and complain if covered funds were removed prematurely.
What could change this answer?
- Promotional or loyalty cards and certain other products may be excluded from the gift-card rule.
- State law can offer stronger protections, including different cash-redemption rights.
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A gift card started charging inactivity fees six months after I bought it. Is that permitted?Federal rule · specific setting
Federal rule · specific setting
For this situationDormancy or service charges on a gift card subject to Regulation E.
A covered gift card generally cannot charge dormancy, inactivity or service fees unless there has been no activity for at least 12 months and required disclosures were provided.
What to do next
- Gather the card packaging and a transaction history showing the last use or reload.
- Identify every inactivity charge and ask the issuer for the disclosure supporting it.
- Request correction of an early or undisclosed fee and retain the issuer’s response.
What could change this answer?
- No more than one covered fee may be charged in a calendar month.
- Excluded promotional cards and reloadable products not marketed as gifts can follow different rules.
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A credit-repair company wants full payment before it removes negative items. Should I pay?Federal rule · specific setting
Federal rule · specific setting
For this situationA company selling services to improve your consumer credit history.
Credit-repair companies generally cannot demand payment before performing the services they promise. Claims that they can erase accurate, current negative information are warning signs.
What to do next
- Save its promised results, payment demand and proposed contract.
- Do not supply false information or use a new identity at its suggestion.
- Dispute real errors directly with the reporting company and report advance-fee or guaranteed-removal claims.
What could change this answer?
- Legitimate errors can be disputed without paying a repair company.
- Some telemarketed services face additional fee restrictions even after purported work is performed.
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A debt-settlement company called me and wants fees before any creditor accepts a deal. Is that legal?Federal rule · specific setting
Federal rule · specific setting
For this situationA for-profit debt-relief service marketed through calls covered by the federal telemarketing rule.
For debt-relief services covered by the Telemarketing Sales Rule, the company cannot collect its fee until a debt is resolved, you agree to the result, and you make a payment under that agreement.
What to do next
- Ask for a written explanation of each fee and exactly when it becomes due.
- Verify any claimed settlement directly with the creditor using a trusted contact number.
- Report an advance-fee demand and compare nonprofit counseling options before signing.
What could change this answer?
- Coverage depends on the marketing and service; not every professional arrangement falls under this rule.
- Money in a compliant dedicated account belongs to you, but it does not mean a settlement exists.
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A bank sent an active credit card I never requested. Can it issue one without asking?Federal rule · specific setting
Federal rule · specific setting
For this situationAn unexpected consumer credit card bearing your name.
An issuer generally may send a credit card only in response to a request or application, or as a renewal or substitute for an accepted card.
What to do next
- Do not activate or use the unexpected card while you investigate.
- Contact the issuer through its official website and ask which application or existing account authorized issuance.
- If the application was fraudulent, close the account through its fraud process and review your credit reports.
What could change this answer?
- Renewals and replacements for cards you previously accepted can be sent without a new application.
- Authorized additional-user cards and account substitutions require looking at the existing agreement.
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My credit card charged an over-limit fee even though I never opted in. Can I challenge it?Federal rule · specific setting
Federal rule · specific setting
For this situationAn over-the-limit fee on a consumer credit-card account.
Generally yes. A card issuer must obtain your affirmative consent before charging a fee for paying transactions that exceed your credit limit.
What to do next
- Find the statement showing the fee and any opt-in confirmation you received.
- Ask the issuer to produce your consent and refund a fee charged without it.
- Revoke any existing over-limit consent if you no longer want the service, and save confirmation.
What could change this answer?
- The issuer may pay an over-limit transaction without charging the prohibited fee.
- Interest, late fees and other valid charges are separate and can still increase the balance.
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My credit-card statement arrived only a few days before payment was due. Is there a minimum billing window?Federal rule · specific setting
Federal rule · specific setting
For this situationA periodic statement for a consumer credit-card account under an open-end plan.
The issuer must have procedures to mail or deliver the periodic statement at least 21 days before the payment due date for covered credit-card accounts.
What to do next
- Save the envelope, electronic delivery notice and statement showing the due date.
- Ask the issuer when and how it delivered the statement and request correction of affected charges.
- Pay the undisputed amount promptly and retain the payment timestamp while the delivery issue is reviewed.
What could change this answer?
- A postal delay alone may not establish that the issuer violated its mailing procedures.
- Other loans and non-card open-end accounts can have different timing requirements.
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Can my card issuer raise the rate on future purchases tomorrow without warning?Federal rule · specific setting
Federal rule · specific setting
For this situationA consumer credit-card issuer announcing a higher purchase APR.
A discretionary increase in the rate for new purchases generally requires at least 45 days’ advance notice and usually cannot occur during the account’s first year.
What to do next
- Compare the old APR, new APR, notice date and effective date.
- Ask whether the change is discretionary, index-linked, promotional or based on delinquency.
- Read the notice’s purchase and rejection terms before deciding whether to keep using the card.
What could change this answer?
- Existing balances have additional protection, with exceptions including serious payment delinquency.
- A change tied to a public variable-rate index generally does not require this advance notice.
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I paid more than my credit-card minimum. Can the issuer put all the extra money toward my lowest-rate balance?Federal rule · specific setting
Federal rule · specific setting
For this situationA consumer credit card carrying balances with different interest rates.
Generally no. The amount above the required minimum must usually go first to the balance with the highest APR, then to lower-rate balances.
What to do next
- List each balance and APR from the statement before your payment.
- Compare your payment with the required minimum and identify the excess amount.
- Ask the issuer for its allocation calculation and correction if the excess went to a lower-rate balance.
What could change this answer?
- Deferred-interest promotions have special allocation rules near their expiration.
- Certain disputed balances can be treated differently during a billing-error investigation.
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A returned purchase left a $200 credit on my card. Can I request the money instead of spending it?Federal rule · specific setting
Federal rule · specific setting
For this situationAn actual credit balance on a consumer open-end credit account.
Yes. For a credit balance over $1, the creditor must refund the remaining balance within seven business days after receiving your written request.
What to do next
- Confirm that the refund has posted and the account balance is in your favor.
- Send a dated written request identifying the account and asking for the credit balance back.
- Keep delivery proof and track the seven-business-day response period.
What could change this answer?
- The issuer may voluntarily accept an oral or electronic request as well.
- After six months it must make a good-faith refund effort even without your request.
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Federal rule. State or local protections may add to it. Legal review pending.
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Someone used my credit-card number online, but I still have the card. Am I responsible?Federal rule · specific setting
Federal rule · specific setting
For this situationUnauthorized use of a consumer credit-card number without loss of the card itself.
If only the card number was stolen and you still have the card, you generally have no liability for the unauthorized charges. Notify the issuer immediately.
What to do next
- Call the issuer using the number on your card and identify the transactions you did not authorize.
- Request a replacement number and review linked digital wallets and recurring payments.
- Follow its written dispute instructions and review later statements for additional misuse.
What could change this answer?
- If the physical card was lost, federal liability can be up to $50 before notice, subject to conditions.
- A debit-card transfer has different deadlines and liability rules.
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My bank says an unauthorized debit investigation will take a month. Must it give temporary credit?Federal rule · specific setting
Federal rule · specific setting
For this situationA timely reported error involving a consumer electronic fund transfer.
If a covered electronic-transfer investigation takes longer than the usual ten business days, the bank generally must provide provisional credit while using the extended investigation period.
What to do next
- Report the transfer amount, date and why it was unauthorized, and obtain a case number.
- Send any requested written confirmation within the stated ten-business-day period.
- Ask whether temporary credit is being provided and read the final investigation decision carefully.
What could change this answer?
- Certain new accounts allow 20 business days before provisional credit is required.
- Final deadlines may extend to 90 days for specified transactions; temporary credit can be reversed after a proper adverse finding.
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My bank charged an overdraft fee for a one-time debit purchase without my consent. Can it do that?Federal rule · specific setting
Federal rule · specific setting
For this situationAn overdraft fee caused by payment of an ATM withdrawal or one-time debit-card transaction.
Generally, a bank cannot charge for paying an ATM or one-time debit-card overdraft unless you affirmatively opted into that overdraft service.
What to do next
- Identify which transaction triggered the fee rather than relying only on the account’s negative balance.
- Ask the bank for your affirmative opt-in record and request correction if none exists.
- Revoke the service if unwanted and keep the bank’s written confirmation.
What could change this answer?
- Opting out may cause purchases to be declined.
- A negative balance can still be owed even when the bank may not charge this particular fee.
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My bank extended a check hold but gave no reason or release date. What should I ask for?Federal rule · specific setting
Federal rule · specific setting
For this situationA check deposit to a covered transaction account subject to an exception hold.
For an exception hold under federal funds-availability rules, the bank generally must provide a written notice identifying the deposit, the reason and when funds will be available.
What to do next
- Keep the deposit receipt and note whether you used a teller, ATM or another method.
- Request the written hold notice and the specific availability date for each held amount.
- Compare the explanation with your account disclosure and complain about missing or inconsistent notices.
What could change this answer?
- New accounts, suspected uncollectible checks and other exceptions can justify longer holds.
- Mobile deposits may follow different disclosed availability terms; do not assume teller rules apply.
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My bank made a stranger’s check available. Is it safe to send some money back?Safety & practical steps
Safety & practical steps
For this situationAn unexpected check paired with instructions to pay someone or return an alleged overpayment.
No. Available funds do not prove a check is genuine. A fake check can be discovered later, leaving you responsible for money you withdrew or sent.
What to do next
- Stop any outgoing payment and contact your bank’s fraud department through a verified number.
- Explain who sent the check and what they asked you to do.
- Save the check image, messages and payment details and report the scam.
What could change this answer?
- Even a cashier’s check can be counterfeit.
- Funds-availability law does not guarantee reimbursement for money you willingly send to a scammer.
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Practical guidance, not a statement of a legal right or a guarantee of an outcome. Legal review pending.
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I sent money abroad ten minutes ago to the wrong person. Can I cancel?Federal rule · specific setting
Federal rule · specific setting
For this situationA consumer international money transfer covered by the federal remittance rule.
For a covered remittance transfer, you generally have 30 minutes after payment to cancel if the money has not been picked up or deposited into the recipient’s account.
What to do next
- Use the provider’s cancellation contact on your receipt immediately.
- Provide the transaction number, recipient and amount and clearly request cancellation.
- Keep confirmation and monitor return of the transfer amount and covered fees.
What could change this answer?
- Transfers scheduled well in advance have a different cancellation window.
- Not every business or transfer falls within the remittance rule; ask which rule applies.
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My family received less money abroad than the transfer receipt promised. How do I report the error?Federal rule · specific setting
Federal rule · specific setting
For this situationA potentially incorrect consumer transfer from the United States to another country.
Tell the covered remittance provider within 180 days of the date the receipt said funds would be available. Identify the shortfall and request an error investigation.
What to do next
- Compare the receipt’s promised recipient amount and availability date with what arrived.
- Give the provider the sender, recipient, transaction reference and a clear error description.
- Keep your report date and ask for its written investigation result and any correction choices.
What could change this answer?
- Covered providers generally have 90 days to investigate.
- Incorrect account information supplied by you can affect whether a refund is required.
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A lender rejected my income solely because it comes from public assistance. Is that allowed?Federal rule · specific setting
Federal rule · specific setting
For this situationA credit application protected by the Equal Credit Opportunity Act.
A creditor cannot discriminate because income comes from public assistance. It must evaluate qualifying income without automatically discounting it merely for that source.
What to do next
- Save the application, income documentation and any statement about the source of your income.
- Request or review the adverse-action notice for the actual denial reasons.
- Ask the lender to reconsider any blanket exclusion and report suspected credit discrimination.
What could change this answer?
- This rule does not require approval when legitimate underwriting requirements are unmet.
- Different income streams may need different evidence of reliability; source alone cannot justify discrimination.
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I qualify for a loan on my own. Can the lender require my spouse to co-sign just because I am married?Federal rule · specific setting
Federal rule · specific setting
For this situationAn individual credit application where the applicant independently qualifies.
Generally no. A creditor cannot require a spouse’s signature on the credit obligation when you independently meet its standards.
What to do next
- State clearly that you are applying for individual credit and provide the requested financial evidence.
- Ask which document needs your spouse’s signature and whether it creates personal liability.
- Request the legal or underwriting reason in writing and report an automatic spouse-signature requirement.
What could change this answer?
- If you do not qualify alone, the lender may request a qualified additional party, but generally cannot insist it be your spouse.
- Joint applications and property-security documents require separate analysis.
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Can my mortgage lender keep the appraisal secret until I sign the closing papers?Federal rule · specific setting
Federal rule · specific setting
For this situationAn application for credit secured by a first lien on a dwelling.
For a covered first-lien dwelling loan, you generally must receive copies of appraisals and other written valuations promptly, and at least three business days before closing.
What to do next
- Ask for all written appraisals and valuations, including versions used in the credit decision.
- Check when they were delivered against the proposed closing date.
- Read any timing waiver before signing and report a refusal to provide required copies.
What could change this answer?
- You may be charged a reasonable appraisal cost, but not an additional fee merely for the copy.
- The copy requirement can apply even when the application is denied, incomplete or withdrawn.
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A collector calls at 10 p.m. where I live. Can I tell it that is prohibited?Federal rule · specific setting
Federal rule · specific setting
For this situationA consumer debt collector covered by the federal debt-collection rules.
Debt collectors generally may not contact you before 8 a.m. or after 9 p.m. at your location, or at a time they know is inconvenient.
What to do next
- Save call logs showing the time and your location or time zone.
- Tell the collector your correct location and any additional inconvenient times.
- Keep its response and report further calls outside the permitted times.
What could change this answer?
- The federal rule generally covers third-party collectors, not every original creditor.
- A separate limit on call frequency can apply even when each call occurs during permitted hours.
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A collector posted a debt demand on my public social-media page. Is that permitted?Federal rule · specific setting
Federal rule · specific setting
For this situationA public or contact-visible debt-collection message on a social network.
No. A covered debt collector cannot contact you about a debt through a social-media message that the public or your contacts can see.
What to do next
- Capture the post, account name, date and who could view it before requesting removal.
- Tell the collector to stop public contact and use the platform’s reporting controls.
- Report the disclosure to the CFPB with the preserved screenshots.
What could change this answer?
- A collector seeking to connect as a contact must identify itself as a debt collector.
- Private electronic collection messages must provide a reasonable way to opt out of that communication method.
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One collector keeps calling about the same bill every day, even after we talked. What limit applies?Federal rule · specific setting
Federal rule · specific setting
For this situationTelephone calls about a particular consumer debt by a covered collector.
A collector is presumed to violate federal rules if it calls more than seven times in seven consecutive days about one debt, or calls within seven days after a telephone conversation about that debt.
What to do next
- Keep a dated log of calls, answered conversations and the debt discussed.
- Tell the collector when calls are inconvenient and document any consent you withdraw.
- Submit the pattern and call records with a complaint if contact continues.
What could change this answer?
- Certain calls made with your recent direct consent are excluded from the frequency calculation.
- Texts and emails have separate rules; repeated contact can still be harassment without exceeding this numerical threshold.
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I hired a lawyer for this debt. Can the collector keep negotiating directly with me?Federal rule · specific setting
Federal rule · specific setting
For this situationRepresentation by an attorney concerning the particular debt being collected.
Once a covered collector knows you are represented for that debt and can readily obtain the lawyer’s contact information, it generally must communicate with your lawyer.
What to do next
- Give the collector your attorney’s name, address and telephone number in writing.
- Send your lawyer copies of new calls, letters and proposed settlement terms.
- Ask the attorney to address continued direct communication and preserve the contact history.
What could change this answer?
- A lawyer handling an unrelated matter does not necessarily represent you for this debt.
- Court papers still require prompt attention even if direct collection communications should stop.
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Can I send a letter requiring a debt collector to stop contacting me altogether?Federal rule · specific setting
Federal rule · specific setting
For this situationA consumer debt collected by an entity covered by the Fair Debt Collection Practices Act.
Yes. A written notice that you refuse to pay or want further communication to stop generally requires a covered collector to cease contact, subject to limited exceptions.
What to do next
- Identify the collector and debt accurately before sending the notice.
- State clearly that you want further communication to stop and retain delivery proof.
- Continue checking mail for legal papers and keep any prohibited follow-up contacts.
What could change this answer?
- The collector may confirm it will stop or notify you of specified remedies it may or intends to pursue.
- An original creditor may fall outside these federal collector restrictions.
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A collector threatens to sue over a debt too old for a lawsuit. Does federal law allow that?Federal rule · specific setting
Federal rule · specific setting
For this situationA collection threat concerning an old consumer debt.
A covered collector cannot sue or threaten to sue to collect a time-barred debt. Whether the debt is time-barred depends on the applicable limitation period and facts.
What to do next
- Gather the original agreement, last payment date and the collector’s exact threat.
- Ask a legal-aid attorney to check the applicable limitation period before paying or acknowledging the debt.
- Report an unlawful threat and respond to any lawsuit by its court deadline.
What could change this answer?
- A debt can remain owed even when a lawsuit is barred.
- The credit-reporting period is a separate clock and does not determine the lawsuit deadline.
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A collector says I must pay my late parent’s credit card because I am their child. Is that true?Federal rule · specific setting
Federal rule · specific setting
For this situationA collector demands personal payment of a deceased relative’s consumer debt.
Being the deceased person’s child does not by itself make you personally responsible. Debts generally are claims against the estate, with exceptions for people legally liable.
What to do next
- Ask for the debt details and the specific reason it claims you are personally liable.
- Refer estate claims to the authorized personal representative.
- Keep the demand and consult estate counsel before using your own money or signing a payment agreement.
What could change this answer?
- Being an authorized card user is different from being a joint borrower.
- An executor must administer valid estate claims properly even when not personally liable for the underlying debt.
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A credit report still lists a collection from many years ago. Does negative information stay forever?Federal rule · specific setting
Federal rule · specific setting
For this situationPotentially obsolete adverse information in a consumer credit report.
Most negative information generally can be reported for seven years; bankruptcy information may remain for up to ten years. The applicable starting date and category matter.
What to do next
- Get the report and identify the original delinquency, collection and bankruptcy dates as applicable.
- Dispute the specific obsolete entry with copies of supporting records.
- Review the investigation result and ask for an explanation of the reporting period used.
What could change this answer?
- Specified high-value credit, insurance and employment reports have statutory exceptions.
- Accurate positive information can remain longer, and credit-report removal does not extinguish a debt.
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I am unemployed and applying for jobs. Is there an additional free credit-report right?Federal rule · specific setting
Federal rule · specific setting
For this situationAn unemployed consumer who intends to apply for employment within the next 60 days.
Yes. If you are unemployed and intend to seek work within 60 days, you can request a free report from a credit reporting company under this separate eligibility category.
What to do next
- Contact the reporting company through its official consumer request process.
- Explain the unemployment-based eligibility and complete its identity verification.
- Review the report before applications and dispute incorrect information promptly.
What could change this answer?
- Receiving public assistance is another separate free-report category.
- Regular free-report access remains available even when you do not meet this special condition.
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Someone opened an account using my identity. Can I get the business’s application records?Federal rule · specific setting
Federal rule · specific setting
For this situationBusiness records of a transaction or account resulting from theft of your identity.
Under FCRA section 609(e), an identity-theft victim can request relevant application and transaction records from the business without charge, generally within 30 days of a qualifying written request.
What to do next
- Ask the business where to send a section 609(e) request and what proof it needs.
- Identify the fraudulent account and provide the requested identity proof and theft report.
- Keep delivery evidence and follow up after the 30-day period with the missing records identified.
What could change this answer?
- The rule does not require creation of records the business does not maintain.
- A properly authorized law-enforcement agency can request these records on your behalf.
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The IRS mailed an identity-verification letter about a return I did not file. What should I do?Safety & practical steps
Safety & practical steps
For this situationAn IRS notice suggesting tax-return identity theft involving your identity.
Verify the letter through IRS.gov and follow its instructions to tell the IRS the return was not yours. Do not use a caller’s unsolicited link or pay someone to resolve it.
What to do next
- Find the notice number on IRS.gov using a browser address you type yourself.
- Use the official verification channel listed for that notice and report that you did not file the return.
- Keep the notice, response and case details and continue meeting your legitimate tax-filing obligations.
What could change this answer?
- Submit Form 14039 when the IRS instructions call for it, rather than automatically sending duplicate reports.
- An Identity Protection PIN can help prevent later misuse but does not replace resolving the current notice.
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Practical guidance, not a statement of a legal right or a guarantee of an outcome. Legal review pending.
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I received a 1099-G for unemployment benefits I never claimed. Must I pay tax on them?Federal rule · specific setting
Federal rule · specific setting
For this situationA tax form showing unemployment compensation obtained fraudulently in your name.
You should not report fraudulent benefits you did not receive as your income. Report the identity theft to the state agency that issued the form and request a corrected 1099-G.
What to do next
- Verify the issuing agency’s contact details independently and report the false claim.
- Ask for a corrected tax form and keep the report confirmation.
- File using the unemployment income you actually received and preserve the original and corrected forms.
What could change this answer?
- Ordinary payment or amount disputes should go to the issuing agency too, but may not be identity theft.
- Form 14039 is not normally needed solely for unemployment fraud unless IRS guidance for your situation directs it.
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Can I freeze my 8-year-old’s credit even if they have never had a loan?Federal rule · specific setting
Federal rule · specific setting
For this situationA parent or legal guardian protecting a child under age 16.
Yes. For a child under 16, a parent or qualifying representative can request a free security freeze from each nationwide credit reporting company, including creation of a protected record if needed.
What to do next
- Use each bureau’s official child-freeze instructions rather than an unsolicited service.
- Gather proof of your identity, the child’s identity and your authority to act.
- Send requests to all three bureaus and securely save the confirmation and future unfreeze instructions.
What could change this answer?
- Young people aged 16 or 17 can request their own freezes.
- If a credit file already shows fraud, dispute those accounts separately; freezing alone does not remove them.
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What should I save after a suspected scam?Background reading
Background reading
Start with transaction references; messages and receipts; report numbers, without passwords or full account numbers.
Keep your own observations separate from what someone told you. These are preparation steps, not a finding about your rights or eligibility.
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Family & care
Can I take leave to care for a sick family member?Background reading
Background reading
Eligible workers at covered employers can take job-protected leave under the Family and Medical Leave Act for qualifying family and medical needs.
The usual entitlement is up to 12 workweeks in a 12-month period. Different rules apply to military caregiver leave.
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Is FMLA leave paid?Background reading
Background reading
Federal FMLA leave is unpaid. It protects the job and continuation of group health benefits on the same terms; paid leave may come from another law or an employer benefit.
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Who qualifies for FMLA leave?Background reading
Background reading
Generally, you need 12 months with the employer, 1,250 hours worked in the previous 12 months, and a worksite with 50 employees within 75 miles. Your employer must also be covered.
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How do I keep receiving federal criminal-case notices after I move?Federal rule · specific setting
Federal rule · specific setting
For this situationAn identified federal crime victim enrolled in DOJ’s Victim Notification System.
Update your contact information in DOJ’s Victim Notification System and tell the case’s Victim-Witness Specialist.
What to do next
- Locate the initial VNS letter and its Victim Identification Number and PIN.
- Use the official VNS contact route to update your address, telephone number and email.
- If you cannot access the account, contact the case’s US Attorney’s Office Victim-Witness Specialist and verify the next proceeding directly.
What could change this answer?
- Investigators, prosecutors and the Bureau of Prisons handle different phases of notification.
- Lost credentials or unsafe contact details require direct help from the specialist.
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Can a federal crime victim be kept out of trial simply because they will testify?Federal rule · specific setting
Federal rule · specific setting
For this situationA qualifying victim seeking to attend a public proceeding in a charged federal criminal case.
Not automatically. Exclusion requires clear and convincing evidence that hearing other testimony would materially alter the victim’s testimony.
What to do next
- Tell the prosecutor or Victim-Witness Specialist that you want to attend and are also a witness.
- Ask that your attendance right and reasonable alternatives to exclusion be raised with the judge.
- Obtain the actual ruling and coordinate arrival and testimony with the specialist.
What could change this answer?
- This protection applies to qualifying victims, not every witness or accompanying relative.
- Closed proceedings and a supported judicial exclusion decision require separate analysis.
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May a federal crime victim address the court at a plea or sentencing hearing?Federal rule · specific setting
Federal rule · specific setting
For this situationA qualifying victim in a charged federal criminal case with an upcoming covered hearing.
The Crime Victims’ Rights Act provides a right to be reasonably heard at covered public release, plea and sentencing proceedings.
What to do next
- Contact the Victim-Witness Specialist before the hearing and state that you want to be heard.
- Ask about oral remarks, a written victim impact statement and the submission deadline.
- Explain the crime’s effects accurately, separate documented losses from estimates and retain your submission.
What could change this answer?
- A case with many victims may use a reasonable shared procedure.
- Statements may be disclosed to the defense; ask about sensitive information before submitting it.
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Does a federal crime victim have a right to speak with the prosecutor about the case?Federal rule · specific setting
Federal rule · specific setting
For this situationA victim directly and proximately harmed by the charged federal offense.
A qualifying victim has a reasonable right to confer with the government’s attorney.
What to do next
- Ask the Victim-Witness Specialist to arrange a conversation with the prosecutor.
- Prepare specific questions about upcoming decisions and explain your concerns or relevant information.
- Keep a dated record of the request and ask promptly for help if an approaching hearing makes the issue urgent.
What could change this answer?
- The right to confer does not transfer prosecution decisions to the victim.
- Private legal claims and disputes about enforcing victim rights may require independent counsel.
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Does the federal victim-privacy right make my entire criminal-case file secret?Federal rule · specific setting
Federal rule · specific setting
For this situationA qualifying victim providing personal information in a federal criminal prosecution.
No. Victims are entitled to respect for dignity and privacy, but that does not automatically seal a court file or prevent required disclosure.
What to do next
- Tell the Victim-Witness Specialist which information creates a specific privacy or safety concern.
- Ask how to submit sensitive details securely and whether a redaction or court protection request is needed.
- Review the intended filing and raise any concern before submission whenever possible.
What could change this answer?
- Public court access and defendants’ procedural rights can require disclosure.
- A protective order may restrict use of information without sealing every related document.
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What should I submit to seek restitution for losses from a federal crime?Federal rule · specific setting
Federal rule · specific setting
For this situationA victim asked to document financial harm in a federal criminal prosecution.
Provide itemized, supported offense-related losses through the case’s victim-loss process before sentencing.
What to do next
- Ask the Victim-Witness Specialist for the applicable loss form and submission deadline.
- List each loss with receipts, bills or other records, and disclose insurance or other reimbursement.
- Submit copies through the requested channel, retain the originals and update the specialist if the amount changes.
What could change this answer?
- The offense and restitution statute determine which categories of loss are recoverable.
- A restitution order does not guarantee payment when the defendant has limited assets.
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Federal rule. State or local protections may add to it. Legal review pending.
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Who can assert federal victim rights when the victim is a child or has died?Federal rule · specific setting
Federal rule · specific setting
For this situationA federal crime victim who is under 18, incompetent, incapacitated or deceased.
The Act allows specified guardians, estate representatives, family members or suitable court-appointed people to assume the victim’s rights.
What to do next
- Tell the Victim-Witness Specialist why the victim cannot personally exercise the rights.
- Provide documents showing your relationship or representative authority and identify any competing representative.
- Ask the prosecutor or court to resolve who may act and confirm how that person receives notices and submits requests.
What could change this answer?
- A family relationship alone may not resolve competing claims to represent the victim.
- Rules for pre-charge victim services and state cases may use different representative criteria.
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Federal rule. State or local protections may add to it. Legal review pending.
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How long do I have to complain that a DOJ employee denied my federal crime-victim rights?Federal rule · specific setting
Federal rule · specific setting
For this situationAn identified victim in a charged federal criminal case complaining about a DOJ employee.
Submit the CVRA complaint within 60 days of learning of the violation and no more than one year after it occurred.
What to do next
- Download the CVRA complaint form from the Ombudsman’s official page.
- Identify the employee, incident dates, right affected, federal case number and defendant, and attach relevant correspondence.
- Submit within both time limits and save a complete copy and delivery confirmation.
What could change this answer?
- The office does not investigate judges, private parties or state and local employees through this process.
- An uncharged matter or complaint about a different federal agency falls outside this complaint route.
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Federal rule. State or local protections may add to it. Legal review pending.
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How can a crime victim find a state compensation program without waiting for restitution?Safety & practical steps
Safety & practical steps
For this situationA crime victim or eligible survivor seeking a state-administered crime-victim compensation benefit.
Use the Office for Victims of Crime’s state directory to contact the relevant victim compensation program.
What to do next
- Use the OVC map to find the compensation office for the place connected to the crime.
- Ask about eligibility, reporting and filing deadlines and whether a survivor or representative may apply.
- Submit the program’s application with requested expense and reimbursement records, and retain its claim number.
What could change this answer?
- Compensation is a separate process from a criminal restitution order.
- Other reimbursement and the type of expense may affect the available payment.
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Practical guidance, not a statement of a legal right or a guarantee of an outcome. Legal review pending.
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Who should I contact if federal restitution was ordered but payments have stopped?Federal rule · specific setting
Federal rule · specific setting
For this situationA victim named in a federal criminal restitution order.
Contact the prosecuting US Attorney’s Office Financial Litigation Unit and check your payment contact information with the court clerk.
What to do next
- Gather the judgment, case number and your payment history.
- Ask the Financial Litigation Unit about enforcement and send any reliable new information about the defendant’s assets.
- Confirm the clerk and VNS have your current address so payments and notices can reach you.
What could change this answer?
- Court-ordered payment terms and the defendant’s resources affect collection.
- A victim considering a separate judgment lien must follow the applicable recording law and costs.
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Federal rule. State or local protections may add to it. Legal review pending.
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How do I prepare my family’s documents for legal help?Background reading
Background reading
Start with relevant notices and correspondence; important dates; questions for an adviser.
Keep your own observations separate from what someone told you. These are preparation steps, not a finding about your rights or eligibility.
This is background information, not a state-specific answer. Legal review pending.
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Witnessing & recording
Can I record a conversation without telling everyone?Background reading
Background reading
It depends on the state, who is speaking and whether the conversation is private. Some laws require everyone’s permission; others allow one participant to consent.
Select a state to see any local answer we have added. Calls across state lines, hidden cameras and sharing recordings raise additional questions.
This is background information, not a state-specific answer. Legal review pending.
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Virginia law
For this situationA private person recording a conversation they participate in in Virginia. This is an audio-consent guide, not a guide to every police encounter.
Virginia’s interception law permits recording a conversation you participate in, or one for which a participant gave prior consent.
What to do next
- Check that you are a participant and where everyone is located.
- If relying on another participant’s permission, obtain it before recording.
- If anyone is in another state or country, check those rules too. If uncertain, obtain everyone’s express permission before starting or wait for legal advice.
Words you can use
I would like to record this conversation so I can remember it accurately.
Replace the brackets with your details. Keep only what is true for you.
What could change this answer?
- This local rule may not control an interstate call.
- Permission to record does not settle trespass, restricted places, unlawful purpose or later sharing. Federal recording law also applies.
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Applies only to the setting described in this guide. Legal review pending.
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New York law
For this situationA private person recording a conversation they participate in in New York. This is an audio-consent guide, not a guide to every police encounter.
New York’s eavesdropping definitions generally allow you to record a conversation you participate in without every other participant’s consent.
What to do next
- Check that you are a participant and where everyone is located.
- If relying on another participant’s permission, obtain it before recording.
- If anyone is in another state or country, check those rules too. If uncertain, obtain everyone’s express permission before starting or wait for legal advice.
Words you can use
I would like to record this conversation so I can remember it accurately.
Replace the brackets with your details. Keep only what is true for you.
What could change this answer?
- This local rule may not control an interstate call.
- Permission to record does not settle trespass, restricted places, unlawful purpose or later sharing. Federal recording law also applies.
Links open the named service. REYETS does not send or file anything.
Applies only to the setting described in this guide. Legal review pending.
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District of Columbia law
For this situationA private person recording a conversation they participate in in the District of Columbia. This is an audio-consent guide, not a guide to every police encounter.
DC’s private-person exception generally permits recording when you participate or a participant gave prior consent.
What to do next
- Check that you are a participant and where everyone is located.
- If relying on another participant’s permission, obtain it before recording.
- If anyone is in another state or country, check those rules too. If uncertain, obtain everyone’s express permission before starting or wait for legal advice.
Words you can use
I would like to record this conversation so I can remember it accurately.
Replace the brackets with your details. Keep only what is true for you.
What could change this answer?
- This local rule may not control an interstate call.
- Permission to record does not settle trespass, restricted places, unlawful purpose or later sharing. Federal recording law also applies.
Links open the named service. REYETS does not send or file anything.
Applies only to the setting described in this guide. Legal review pending.
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Can I photograph police or government buildings in public?Background reading
Background reading
When you are lawfully in a public place, photographing things in plain view generally has constitutional protection, including officials doing their jobs.
This is background information, not a state-specific answer. Legal review pending.
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Can I skip a federal witness subpoena because the date is inconvenient?Federal rule · specific setting
Federal rule · specific setting
For this situationA witness ordered to appear in a federal criminal proceeding.
No. Contact the issuing attorney promptly about the conflict; the subpoena remains binding unless you are released or the court changes it.
What to do next
- Read the date, location, requested materials and issuing attorney’s contact information.
- Explain the conflict promptly and keep proof of the request to reschedule.
- Confirm any change directly with the responsible office; otherwise arrange to comply with the existing order.
What could change this answer?
- A voluntary interview request is different from a subpoena.
- An emergency requires immediate communication, not an assumption that attendance is excused.
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Federal rule. State or local protections may add to it. Legal review pending.
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Should I book my own flight before testifying for the federal prosecutor?Federal rule · specific setting
Federal rule · specific setting
For this situationA government witness traveling to testify in the Western District of Washington.
Contact the US Attorney’s Victim-Witness Program first. Required airfare and lodging are generally arranged through the government’s travel process.
What to do next
- Send the coordinator your subpoena date, travel origin and accessibility needs.
- Ask the office to approve arrangements before purchasing airfare, lodging or a rental car.
- Keep receipts and complete the expense form provided when you testify.
What could change this answer?
- Day trips and overnight travel have different expense rules.
- Other districts may use different booking contacts and administrative procedures.
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Federal rule. State or local protections may add to it. Legal review pending.
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How do I claim payment for required federal witness attendance?Federal rule · specific setting
Federal rule · specific setting
For this situationA government witness claiming fees for required attendance in a federal criminal case.
Ask the Victim-Witness staff for the witness voucher. Eligible witnesses generally receive a $40 daily attendance fee plus authorized expenses.
What to do next
- Confirm with the coordinator which appearance and travel days qualify.
- Keep your attendance dates and permitted expense receipts.
- Complete the voucher accurately and keep a copy with a current payment address.
What could change this answer?
- Waiting under an attendance requirement can count even if testimony is delayed.
- Expense eligibility and government-employee status can change payment.
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Federal rule. State or local protections may add to it. Legal review pending.
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Must I agree to a voluntary interview with the defendant’s investigator?Federal rule · specific setting
Federal rule · specific setting
For this situationA witness contacted for a voluntary interview in a federal criminal case.
You may choose whether to participate in a voluntary interview. A witness does not belong to either side.
What to do next
- Ask the person to identify their name, role and which side they represent.
- Decide whether to speak and state any requested conditions, such as having your lawyer present.
- If you agree, give only truthful information and distinguish what you observed from what others told you.
What could change this answer?
- Potential self-incrimination makes independent legal advice important.
- Court-ordered testimony has different obligations from a voluntary discussion.
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Federal rule. State or local protections may add to it. Legal review pending.
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Can an unsigned witness interview still be used to challenge my later testimony?Federal rule · specific setting
Federal rule · specific setting
For this situationA voluntary government or defense interview of a federal criminal witness.
Yes. An oral or unsigned statement can be used to challenge inconsistent testimony.
What to do next
- Ask who is conducting the interview and whether a written account is being prepared.
- Review any proposed statement carefully and correct errors before deciding whether to sign.
- Request a copy and promptly tell the interviewer if you later discover a factual mistake.
What could change this answer?
- A signed account can create additional evidence of what you adopted.
- Privilege or compelled testimony raises separate issues requiring legal advice.
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Federal rule. State or local protections may add to it. Legal review pending.
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Someone threatened me because I may testify in federal court. Who should know?Safety & practical steps
Safety & practical steps
For this situationThreats or harassment connected to participation in a federal criminal case.
Notify the case agent, federal prosecutor or Victim-Witness Unit promptly. Seek emergency help immediately if danger is imminent.
What to do next
- Move to safety and contact emergency services if necessary.
- Save messages and record the exact words, time, sender and any witnesses.
- Contact the assigned prosecutor or Victim-Witness Unit and ask how to provide the evidence and discuss safety arrangements.
What could change this answer?
- A threat can be a separate criminal offense.
- Release conditions or courtroom arrangements may need review when new threats arise.
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Practical guidance, not a statement of a legal right or a guarantee of an outcome. Legal review pending.
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Can my lawyer sit beside me while I testify before a federal grand jury?Federal rule · specific setting
Federal rule · specific setting
For this situationA witness testifying before a federal grand jury.
Your personal lawyer is ordinarily outside the grand jury room. You may request a reasonable opportunity to step out and consult retained counsel.
What to do next
- Consult your own lawyer before the appearance and show them the subpoena.
- Arrange where counsel will wait and discuss how to request a consultation.
- Ask to step outside when legal advice is needed rather than guessing about a privilege or unclear question.
What could change this answer?
- An interpreter is different from personal counsel and may be authorized in the room.
- Immunity orders or your status as a target require specific legal advice.
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Federal rule. State or local protections may add to it. Legal review pending.
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Does a federal grand jury subpoena mean I must answer questions that incriminate me?Federal rule · specific setting
Federal rule · specific setting
For this situationA person subpoenaed to testify before a federal grand jury.
A witness may invoke the privilege against self-incrimination for a question whose truthful answer would tend to incriminate them.
What to do next
- Give the subpoena and any target letter to independent counsel promptly.
- Discuss potential incriminating subjects before appearing.
- Attend as required and request counsel’s advice about invoking the privilege for particular questions.
What could change this answer?
- The privilege does not excuse false testimony.
- Court-ordered immunity requires a different analysis from a prosecutor’s informal assurance.
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Federal rule. State or local protections may add to it. Legal review pending.
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Can witnesses compare what they said while a federal trial is still going on?Federal rule · specific setting
Federal rule · specific setting
For this situationWitnesses participating in a federal criminal trial.
Follow the court’s witness-separation instructions. Do not exchange testimony with other witnesses while the trial is underway.
What to do next
- Ask the case attorney or courtroom staff what separation instructions apply.
- Avoid testimony discussions in waiting rooms, messages and social media.
- If someone shares testimony with you anyway, tell the attorney rather than repeating it to others.
What could change this answer?
- A crime victim may have separate attendance rights that the court must address.
- Permission to sit in court does not automatically permit discussions with other witnesses.
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Federal rule. State or local protections may add to it. Legal review pending.
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Does a public federal criminal trial let spectators film the proceedings?Federal rule · specific setting
Federal rule · specific setting
For this situationA spectator attending a federal criminal court proceeding.
No. Rule 53 generally prohibits courtroom photographs and broadcasts of federal criminal proceedings.
What to do next
- Check the particular court’s device policy before traveling.
- Keep recording features off and follow courtroom staff instructions.
- Ask the clerk about official transcripts or other authorized records if you need an account of the hearing.
What could change this answer?
- State court camera rules can differ.
- Ceremonial events and appellate access have separate policies; do not infer permission for a criminal trial.
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Federal rule. State or local protections may add to it. Legal review pending.
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May I attend someone else’s immigration court hearing as an observer?Federal rule · specific setting
Federal rule · specific setting
For this situationPublic observation of an EOIR removal proceeding.
Removal hearings are generally public, but protected cases, closure orders and capacity limits can restrict access.
What to do next
- Confirm the court location, hearing format and public-access procedure with the court.
- Ask the respondent whether there are privacy concerns or a request for closure.
- Follow security and seating instructions, and seek authorization before attempting to attend a closed proceeding.
What could change this answer?
- An asylum respondent can request closure of the evidentiary hearing.
- Detention facilities can impose additional admission procedures.
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Federal rule. State or local protections may add to it. Legal review pending.
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Can I use my phone to record an immigration court hearing that is open to the public?Federal rule · specific setting
Federal rule · specific setting
For this situationParties, witnesses, observers and media attending an EOIR hearing.
No. Only the immigration judge’s authorized equipment may record removal proceedings.
What to do next
- Turn off recording and follow the court’s electronic-device instructions.
- Use permitted written notes without disrupting the hearing.
- If you are a party who needs the official record, ask the court about access to the Record of Proceedings.
What could change this answer?
- Counsel’s limited permission to use business devices does not authorize recording.
- A facility may prohibit bringing devices inside at all.
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Federal rule. State or local protections may add to it. Legal review pending.
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Can I ask to view MPD body-camera footage of my own noncriminal encounter?Background reading
Background reading
Choose DC for this jurisdiction’s answer.
This is background information, not a state-specific answer. Legal review pending.
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District of Columbia law
For this situationA subject of qualifying DC Metropolitan Police Department body-camera footage.
MPD offers a subject-viewing process for qualifying noncriminal incidents and certain noncriminal misconduct complaints.
What to do next
- Wait at least 48 hours for upload, then identify the incident time, location and involved district.
- Submit the viewing request online or at the district station and provide identity verification.
- Attend the scheduled viewing; if access is denied or you need a copy, use MPD’s FOIA route.
What could change this answer?
- Criminal incidents can require a different access route.
- A minor’s parent or legal guardian must establish the relationship.
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Applies only to the setting described in this guide. Legal review pending.
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How do I request a copy of DC MPD body-camera footage instead of only watching it at a station?Background reading
Background reading
Choose DC for this jurisdiction’s answer.
This is background information, not a state-specific answer. Legal review pending.
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District of Columbia law
For this situationA person seeking a copy of an existing MPD body-worn-camera recording.
Submit a FOIA request to MPD identifying the recording. Disclosure may require redaction or be limited by an exemption.
What to do next
- Specify the date, time, location and complaint number if known.
- Use DC’s FOIA portal through MPD’s request page; provide identity proof when seeking your own incident records.
- Retain the tracking number and review any denial for appeal instructions and deadlines.
What could change this answer?
- Body-camera requests have a special response period distinct from ordinary DC records.
- Another agency’s camera footage must be requested from that agency.
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Applies only to the setting described in this guide. Legal review pending.
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Can I challenge an unreasonable federal criminal subpoena for documents?Federal rule · specific setting
Federal rule · specific setting
For this situationA recipient of a document or object subpoena in a federal criminal proceeding.
Rule 17(c)(2) allows a prompt motion to quash or modify a document subpoena when compliance would be unreasonable or oppressive.
What to do next
- Keep the subpoena, service date and deadline and preserve potentially responsive records.
- Identify the actual burden, privileged material or overbroad categories for counsel.
- Seek a timely court ruling or written adjustment through counsel instead of silently withholding or destroying records.
What could change this answer?
- Personal or confidential victim information has additional Rule 17 protections.
- A civil subpoena follows a different rule and objection procedure.
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Federal rule. State or local protections may add to it. Legal review pending.
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How can I document a public encounter more safely?Background reading
Background reading
Keep space between you and the encounter. Do not interfere.
Recording government officials working in public has constitutional protection. Restrictions and circumstances still matter; this card cannot decide whether a particular position or recording is lawful.
This is background information, not a state-specific answer. Legal review pending.
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Does my state’s consent rule mean I can record?Background reading
Background reading
Check the setting and audio rules, not just the state’s consent label.
Recording a private conversation and documenting officials in public can involve different rules. The conversation-recording question in this directory has limited state additions; none is a blanket permission to record.
This is background information, not a state-specific answer. Legal review pending.
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What if someone wants to search my phone?Background reading
Background reading
State your lack of consent calmly. Do not struggle over the device.
Seizing a phone and searching its contents are different questions. Warrants and exceptions require case-specific assessment. Preserve your recollection afterward; this card does not promise protection from seizure.
This is background information, not a state-specific answer. Legal review pending.
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How should I preserve a recording?Background reading
Background reading
Start with the original recording or file; what you observed directly; context and any later edits.
Keep your own observations separate from what someone told you. These are preparation steps, not a finding about your rights or eligibility.
This is background information, not a state-specific answer. Legal review pending.
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Healthcare & services
Can I get a copy of my medical records?Background reading
Background reading
HIPAA generally lets you access health information held in designated records by covered providers and health plans. This can include medical, billing, lab and X-ray records.
Ask the provider’s records office how to request your information and the format you need.
This is background information, not a state-specific answer. Legal review pending.
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Does that include every note a therapist keeps?Background reading
Background reading
No. Separately kept psychotherapy notes are excluded from HIPAA’s access right. Other mental-health records can still be accessible.
This is background information, not a state-specific answer. Legal review pending.
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Can I ask to correct information in my medical record?Background reading
Background reading
HIPAA gives you the right to request corrections from covered organizations. Point out the entry, explain what is wrong and ask about their amendment process.
This is background information, not a state-specific answer. Legal review pending.
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I am paying without insurance. Can I request a written estimate before booking care?Federal rule · specific setting
Federal rule · specific setting
For this situationA person not using health insurance to pay for planned US health care who asks the provider or facility for expected charges.
Usually, an uninsured or self-pay patient can request a good faith estimate of expected charges before scheduling. The provider or facility generally must supply it within three business days of that request.
What to do next
- Tell the billing office that you will not use insurance and request a written good faith estimate for the specific service.
- Ask which providers and facilities will bill separately and request their estimates too. Save dated copies before care.
- If a required estimate is missing, use CMS’s patient-rights guidance or call the No Surprises Help Desk at 800-985-3059.
What could change this answer?
- Scheduling at least three business days ahead triggers separate estimate timing rules; last-minute scheduling differs.
- Separately scheduled care and another provider’s services may not appear on the same estimate. Ask what the document includes.
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Federal rule. State or local protections may add to it. Legal review pending.
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My self-pay bill is $500 above the written estimate. Can I challenge it through CMS?Federal rule · specific setting
Federal rule · specific setting
For this situationAn uninsured or self-pay patient who informed the provider before care, has the required advance good faith estimate, and received care on or after January 1, 2022.
You may qualify for patient-provider dispute resolution when one provider or facility bills at least $400 more than its good faith estimate and the other eligibility conditions are met.
What to do next
- Compare each provider’s billed amount with that provider’s estimate. Save both documents and mark the initial bill date.
- Review CMS’s eligibility checklist, including its advance-estimate requirement, then start the patient-provider dispute process before the deadline.
- Submit the documents and pay the administrative fee through the official process. Keep the case confirmation and respond to requests.
What could change this answer?
- Bills paid through insurance and bills without a qualifying estimate use different complaint or appeal routes.
- Unexpected necessary services that could not reasonably be anticipated can affect the decision; a $400 difference alone does not guarantee a reduction.
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Federal rule. State or local protections may add to it. Legal review pending.
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Can a hospital emergency room require payment before screening me for an emergency?Federal rule · specific setting
Federal rule · specific setting
For this situationSomeone seeking emergency evaluation at a hospital emergency department subject to EMTALA, including most US hospital emergency departments.
A Medicare-participating hospital emergency department must offer an appropriate medical screening examination regardless of insurance or ability to pay. Payment inquiries must not delay required emergency screening or treatment.
What to do next
- Tell clinical staff your symptoms and that you are requesting an emergency screening exam. Seek immediate emergency help if needed.
- If payment is demanded first, ask for the charge nurse or supervisor and explain that you need screening regardless of ability to pay.
- After urgent care needs are addressed, record the hospital, time, symptoms, people involved, and demand. Use CMS’s EMTALA complaint instructions if screening was refused or delayed.
What could change this answer?
- A non-emergency office or clinic may not be covered by this hospital rule.
- If an emergency condition exists, available capabilities determine stabilization and appropriate-transfer duties; later billing is a separate issue.
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Federal rule. State or local protections may add to it. Legal review pending.
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My doctor refuses to release my records until I pay an old treatment bill. Is that allowed?Federal rule · specific setting
Federal rule · specific setting
For this situationA patient requesting their own accessible health information from a HIPAA-covered provider, rather than a third party demanding records.
A HIPAA-covered provider cannot deny your right of access to your health information because you owe money for medical treatment. A permissible copying fee is a separate issue.
What to do next
- Send the records office a dated request identifying the records and format. Follow its reasonable identity-verification process.
- If the treatment balance is cited, ask the privacy officer to separate your access request from collection of the bill. Save the refusal.
- Use HHS OCR’s HIPAA complaint process if access remains denied. Include your request, delivery proof, and the provider’s stated reason.
What could change this answer?
- A reasonable, cost-based copy charge may still be allowed; it differs from an unpaid treatment bill.
- HIPAA coverage, whether you are the patient or authorized representative, and any access exception can change the outcome.
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Federal rule. State or local protections may add to it. Legal review pending.
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It has been more than 30 days since my medical-records request. Can the provider keep delaying?Federal rule · specific setting
Federal rule · specific setting
For this situationAn individual requesting access to their protected health information held by a HIPAA-covered provider or health plan.
Under HIPAA, a covered entity must act within 30 calendar days after receiving an access request. It may take one additional period of up to 30 days with a timely written explanation and completion date.
What to do next
- Find the date the organization received the request, using portal confirmation, delivery proof, or its acknowledgement. Keep the original request.
- Ask its privacy officer whether an extension notice was issued and request the specific reason and promised completion date.
- If the deadline passes without proper action, file through HHS OCR’s HIPAA complaint route and include the timeline and correspondence.
What could change this answer?
- The deadline concerns action on an access request; a legally permitted denial may carry separate review rights.
- State access rules may be faster. Requests for amendment, rather than access, have different response rules and should be identified separately.
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Federal rule. State or local protections may add to it. Legal review pending.
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I discovered an improper disclosure of my medical records months later. When does the HIPAA complaint clock start?Federal rule · specific setting
Federal rule · specific setting
For this situationA suspected HIPAA Privacy, Security, or Breach Notification Rule violation by a covered entity or a business associate subject to those rules.
An HHS OCR complaint generally must be filed within 180 days of when you knew or should have known about the alleged violation. OCR can extend that period for good cause.
What to do next
- Write down what happened, when it happened, and when and how you discovered it. Save notices and relevant messages.
- Use the HHS OCR complaint portal or its official complaint forms, identifying the organization and the conduct you believe violated HIPAA.
- Keep confirmation. If filing late, explain the specific facts supporting good cause rather than assuming the deadline will be excused.
What could change this answer?
- When you reasonably should have known can matter even if you personally noticed the issue later.
- A disclosure allowed by HIPAA or conduct by an entity outside its coverage may need a different route.
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My provider refused to amend an inaccurate record. Can my disagreement become part of the record?Federal rule · specific setting
Federal rule · specific setting
For this situationA patient whose request to amend health or billing information was denied by a provider or health plan covered by HIPAA.
If a HIPAA-covered provider or plan denies your amendment request, you can submit a statement of disagreement that must be added to the record under the amendment process.
What to do next
- Keep your original amendment request and the written denial. Identify the exact entry, date, and factual disagreement.
- Ask the privacy officer for the process to submit a statement of disagreement and any reasonable length limit. Provide a concise statement with supporting facts.
- Request confirmation that the statement was added. If the organization refuses the required process, preserve its response and contact HHS OCR.
What could change this answer?
- Requesting access to records is different from asking to amend them; access has its own rules.
- Who created the entry, whether it belongs in the designated record set, and whether it is accurate and complete affect amendment rights.
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Can my clinic charge me just to inspect my own medical record on site?Federal rule · specific setting
Federal rule · specific setting
For this situationPatients requesting inspection of their designated record set under HIPAA.
HIPAA-covered entities cannot charge an access fee when you only inspect records you are entitled to see, without asking them to make copies.
What to do next
- Request inspection and identify the records and dates needed.
- Arrange a reasonable time and ask for the basis of any viewing fee.
- Keep the request and response and contact HHS OCR if an improper fee blocks access.
What could change this answer?
- Copying by the provider can involve a permitted cost-based charge.
- Reasonable safeguards may limit how your own device is used during inspection.
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My provider keeps paper records but can scan them. Can I request a PDF copy?Federal rule · specific setting
Federal rule · specific setting
For this situationPatients requesting their own accessible health records from a HIPAA-covered entity.
If a requested electronic copy is readily producible, a HIPAA-covered provider must provide it in that format or an agreed available electronic alternative.
What to do next
- Specify the records and requested file format in the access request.
- Ask which electronic formats are readily available if your preferred format is refused.
- Retain the response and seek HHS OCR help if readily producible electronic access is denied.
What could change this answer?
- Paper-only records that cannot readily be digitized may be supplied on paper.
- A different readable format can be agreed upon if the exact requested format is unavailable.
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Insurance mail to my shared home could endanger me. Can I request another address?Federal rule · specific setting
Federal rule · specific setting
For this situationPeople requesting safer communications of protected health information from their health plan.
A HIPAA health plan must accommodate a reasonable confidential-communications request when you clearly state that disclosure could endanger you.
What to do next
- Contact the privacy office using a safe device or address.
- Submit the requested written notice, state the endangerment concern, and specify the safe route.
- Confirm the change before future mailings and contact HHS OCR if a reasonable request is rejected.
Words you can use
Disclosure at my current address could endanger me. Please send confidential health communications to [safe address or method].
Replace the brackets with your details. Keep only what is true for you.
What could change this answer?
- Provider requests differ: a provider cannot require an explanation of your reason.
- This changes communications, not necessarily every permitted disclosure or portal-access arrangement.
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If I pay a visit fully myself, can I ask the provider not to tell my health plan?Federal rule · specific setting
Federal rule · specific setting
For this situationPatients requesting the paid-in-full HIPAA restriction before a provider sends information to a health plan.
A covered provider must honor a qualifying request to restrict health-plan disclosure for payment or operations when the information concerns solely an item or service paid out of pocket in full.
What to do next
- Discuss the restriction with the privacy and billing offices before the claim is sent.
- Identify the exact service and arrange full payment, including separate providers where relevant.
- Get confirmation and receipts; contact HHS OCR if the qualifying restriction is disregarded.
What could change this answer?
- Outstanding balances or bundled services can affect qualification.
- Disclosures for treatment and disclosures legally required follow different rules.
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Can I cancel a HIPAA authorization I signed to release my records?Federal rule · specific setting
Federal rule · specific setting
For this situationPeople who signed an authorization allowing a HIPAA-covered entity to use or disclose their information.
You generally may revoke a HIPAA authorization in writing. It becomes effective when the covered entity receives it.
What to do next
- Read the authorization’s revocation instructions and identify the authorization being canceled.
- Send written revocation directly to each relevant disclosing covered entity.
- Keep delivery proof and ask when its records were updated; contact HHS OCR about later unauthorized use.
What could change this answer?
- Certain insurance-contest rights can limit revocation’s effect.
- Other legal permissions may allow a disclosure without that authorization.
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Can I tell my doctor not to discuss my treatment with an adult relative?Federal rule · specific setting
Federal rule · specific setting
For this situationAdults able to make decisions about disclosures to family or friends involved in care.
When you are present and able to decide, providers generally may share relevant information with involved family or friends only if you agree or do not object.
What to do next
- Tell the clinician and privacy office which people should not receive information.
- Ask that your preference and safe contact details be recorded.
- Keep evidence of disclosures made despite your objection and contact HHS OCR for review.
What could change this answer?
- If you are incapacitated, professional judgment and your best interests can permit limited sharing.
- A valid healthcare decision-maker’s authority depends on applicable law and its scope.
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I hold an effective healthcare power of attorney. Can I request records needed for that role?Federal rule · specific setting
Federal rule · specific setting
For this situationPeople with valid, operative authority to make healthcare decisions for another person.
A person authorized to make healthcare decisions generally acts as the patient’s HIPAA personal representative within the scope of that authority, including relevant access rights.
What to do next
- Provide the document establishing your authority and any activation evidence required by it.
- Specify records relevant to the health matters you represent.
- Ask the privacy office for a written explanation of refusal and contact HHS OCR if unresolved.
What could change this answer?
- State law and the document determine when and how authority operates.
- Abuse, neglect, or endangerment concerns can permit a provider not to recognize a representative.
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Can I ask who received my medical information for reasons outside treatment and billing?Federal rule · specific setting
Federal rule · specific setting
For this situationIndividuals requesting an accounting from a HIPAA-covered entity.
HIPAA provides a right to an accounting of certain disclosures during the preceding six years, subject to listed exclusions.
What to do next
- Ask the privacy officer for an accounting and specify a period no longer than six years.
- Ask which requested disclosures are excluded and why.
- Keep the request and any extension notice; contact HHS OCR about an unexplained refusal.
What could change this answer?
- Treatment, payment, operations, and authorized disclosures are generally excluded.
- The first accounting within 12 months is free; additional requests may involve an explained fee.
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My boss shared a doctor’s note from my personnel file. Is HIPAA the right complaint route?Federal rule · specific setting
Federal rule · specific setting
For this situationWorkers deciding where to raise disclosure of employer-held medical information.
HIPAA generally does not govern an employer’s employment records, even when they contain medical information. ADA confidentiality or other laws may still apply.
What to do next
- Identify whether the record was held by the employer, a health plan, or a provider.
- Document who disclosed it and how the employer obtained it.
- Ask HR about confidentiality and contact the EEOC for possible employment-law protection.
What could change this answer?
- An employer-sponsored health plan can have separate HIPAA duties.
- A provider’s disclosure to an employer is a different act from the employer’s later handling of its records.
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Can I request my own records by ordinary email after being warned about privacy risks?Federal rule · specific setting
Federal rule · specific setting
For this situationPatients choosing how their own record-access copy is transmitted.
HHS guidance allows an individual to choose unencrypted email for their own HIPAA access copy after a brief risk warning and confirmation of that choice.
What to do next
- State the email address and requested records clearly.
- Review the provider’s warning and confirm the delivery method you choose.
- Ask for a feasible alternative for oversized files and contact HHS OCR if access is unreasonably blocked.
What could change this answer?
- Technical file-size limits may require another delivery method.
- This guide concerns your own access copy, not unrestricted third-party disclosures.
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I used an in-network hospital but received an out-of-network anesthesiologist bill. Can I dispute it?Federal rule · specific setting
Federal rule · specific setting
For this situationPeople with qualifying private insurance receiving covered care at an in-network covered facility.
The No Surprises Act generally protects insured patients from balance bills for covered anesthesiology at an in-network hospital or other covered facility.
What to do next
- Compare the bill with the insurer’s explanation of benefits.
- Ask billing and the insurer to apply No Surprises Act protections.
- Keep both responses and submit a CMS complaint if an improper balance bill remains.
What could change this answer?
- Certain plans, including short-term coverage, are outside these protections.
- Anesthesia providers generally cannot use notice and consent to waive these ancillary-service protections.
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Does the federal No Surprises Act protect an out-of-network ground ambulance bill?Federal rule · specific setting
Federal rule · specific setting
For this situationPeople checking a ground ambulance bill under federal surprise-billing law.
Generally, no. Federal No Surprises Act balance-billing protections do not cover ground ambulance services.
What to do next
- Obtain the itemized bill and insurer’s explanation of benefits.
- Ask the insurer which contractual or other protections apply and whether it processed the claim correctly.
- Use the CMS help route to identify the appropriate billing complaint or assistance path.
What could change this answer?
- Air ambulance services follow a different federal rule.
- Medicare and Medicaid have their own payment protections.
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An emergency helicopter was outside my plan’s network. Can it bill me the unpaid balance?Federal rule · specific setting
Federal rule · specific setting
For this situationInsured patients billed for covered out-of-network air ambulance services.
For covered air ambulance services under qualifying private insurance, the No Surprises Act generally limits patient charges to applicable in-network cost sharing.
What to do next
- Save the flight bill, plan documents, and explanation of benefits.
- Ask the insurer to explain coverage and calculate the protected patient amount.
- Challenge an additional balance with the provider and CMS No Surprises Help Desk.
What could change this answer?
- Plan type and whether air ambulance is a covered benefit matter.
- Ground transportation has different federal protection.
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Can my private plan require advance approval before covering protected emergency services?Federal rule · specific setting
Federal rule · specific setting
For this situationPeople in qualifying private plans receiving covered emergency services.
The No Surprises Act generally bans prior authorization requirements for emergency services within its protections, including out-of-network emergency care.
What to do next
- Obtain the denial reason and emergency treatment documentation.
- Appeal a denial based solely on missing advance approval through the plan’s process.
- Contact CMS about potential No Surprises Act violations and preserve appeal deadlines.
What could change this answer?
- The symptoms and type of emergency service affect the analysis.
- Short-term and certain other excluded plans follow different rules.
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My private insurer denied a claim. How do I preserve an internal appeal?Federal rule · specific setting
Federal rule · specific setting
For this situationPeople appealing an adverse benefit decision under applicable private health-plan appeal rules.
For plans subject to the ACA appeal rules, you generally have 180 days after receiving the denial to request an internal appeal.
What to do next
- Save the denial and its receipt date, claim number, and appeal instructions.
- Submit the plan’s appeal form or a written appeal with supporting clinical information.
- Keep delivery proof and ask for the written decision and next review route.
What could change this answer?
- Urgent medical needs can require expedited review.
- Grandfathered plans and government programs may have different procedures.
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Waiting for an insurance appeal could seriously harm my health. Can I ask for faster review?Federal rule · specific setting
Federal rule · specific setting
For this situationPatients in plans subject to the relevant federal private-plan appeal protections.
Urgent health situations can qualify for expedited review. Applicable federal appeal rules require urgent decisions as quickly as medically needed, generally within 72 hours.
What to do next
- Ask the treating clinician to describe the harm from waiting.
- Use the insurer’s urgent appeal contact and submit supporting records immediately.
- Ask whether simultaneous expedited external review is available and retain confirmations.
What could change this answer?
- A reimbursement-only dispute after completed care usually is not the same urgency.
- Plan type and the review stage affect the applicable route.
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My insurer’s final appeal still says treatment is not medically necessary. Can someone independent review it?Federal rule · specific setting
Federal rule · specific setting
For this situationPeople with an eligible private-plan denial after required internal appeals.
Eligible denials can receive external review by an independent reviewer. Federal guidance generally gives four months after the relevant denial notice to request review.
What to do next
- Keep the final denial and identify the external-review instructions and deadline.
- Submit the request with the medical-necessity records and clinician explanation.
- Ask the review administrator for receipt confirmation or an urgent review when medically justified.
What could change this answer?
- Internal appeal exhaustion has exceptions, including some urgent situations.
- Different plan types and state review systems can affect procedure and eligibility.
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Can my insurer cancel coverage retroactively over an honest application mistake?Federal rule · specific setting
Federal rule · specific setting
For this situationPeople facing rescission of health coverage subject to federal cancellation protections.
Health-law protections generally prohibit retroactive cancellation merely for an honest mistake. Fraud or intentional misrepresentation can justify rescission under applicable rules.
What to do next
- Request the written reason and the date coverage supposedly ended.
- Gather the application and evidence explaining the error.
- Use the insurer’s appeal process and contact the appropriate consumer assistance office promptly.
What could change this answer?
- Intentional false statements can change the result.
- The plan type and whether cancellation is retroactive matter.
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Can a Marketplace plan refuse to cover diabetes because I had it before enrollment?Federal rule · specific setting
Federal rule · specific setting
For this situationPeople enrolled in or applying for ACA Marketplace health plans.
Marketplace plans cannot deny coverage, charge more, or exclude essential health benefits because of a pre-existing condition.
What to do next
- Confirm that the product is a Marketplace plan and when coverage starts.
- Request the written basis for any condition-based exclusion.
- Appeal the denial and contact HealthCare.gov if the plan treats pre-existing diabetes as disqualifying.
What could change this answer?
- Short-term and other non-ACA products can differ.
- A service outside the benefits package is a different question from a pre-existing-condition exclusion.
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I am 24 and getting married. Can I stay on my parent’s health plan?Federal rule · specific setting
Federal rule · specific setting
For this situationYoung adults seeking dependent coverage under a parent’s plan.
If the plan offers dependent-child coverage, federal rules generally allow it until age 26 even if the child is married, lives elsewhere, or is financially independent.
What to do next
- Ask the plan administrator to confirm dependent eligibility and enrollment timing.
- Provide requested relationship information and update contact details.
- Challenge a denial based solely on marriage through the plan’s appeal or benefits assistance route.
What could change this answer?
- Enrollment windows still matter.
- The precise date coverage ends at 26 can vary by the type of plan.
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My COBRA notice arrived after job coverage ended. When does the election period start?Federal rule · specific setting
Federal rule · specific setting
For this situationQualified beneficiaries under a group plan subject to federal COBRA.
Qualified beneficiaries must generally receive at least 60 days to elect COBRA, measured from the later of coverage loss or provision of the election notice.
What to do next
- Save the notice, envelope, coverage-end date, and election instructions.
- Compare COBRA cost and coverage with other available enrollment options.
- Submit a timely election if chosen and contact EBSA about a deficient notice or disputed deadline.
What could change this answer?
- Employer size, plan continuation, and the qualifying event affect eligibility.
- First-premium and later-premium deadlines are separate from the election period.
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I lost job-based coverage. Must I wait for open enrollment to join my spouse’s employer plan?Federal rule · specific setting
Federal rule · specific setting
For this situationEmployees or dependents otherwise eligible for an employer group plan after qualifying coverage loss.
If otherwise eligible, loss of other coverage can trigger special enrollment in a spouse’s group plan. Request it within 30 days to preserve the ordinary federal right.
What to do next
- Contact the spouse’s benefits administrator immediately with the coverage-loss date.
- Submit the special-enrollment request and required evidence within the plan’s deadline.
- Confirm the effective date and contact EBSA if a qualifying request is rejected.
What could change this answer?
- Voluntarily dropping coverage or nonpayment can differ from loss of eligibility.
- Medicaid or CHIP-related special enrollment has different timing rules.
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Can a hospital refuse my chosen partner as a visitor because we are unmarried?Federal rule · specific setting
Federal rule · specific setting
For this situationPatients designating visitors at hospitals subject to Medicare hospital conditions of participation.
Medicare-participating hospitals must respect patients’ designated visitors without discrimination, including a chosen domestic partner or friend.
What to do next
- Tell staff clearly who you want to visit and ask that it be documented.
- Request the visitation policy and the clinical reason for a restriction.
- Use the hospital grievance process and the state survey agency route if a discriminatory refusal continues.
What could change this answer?
- A patient can withdraw consent to a visitor.
- Incapacity and a legally authorized representative can affect who makes visitation decisions.
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Can a hospital make me sign an advance directive as a condition of treatment?Federal rule · specific setting
Federal rule · specific setting
For this situationAdults receiving services from providers subject to federal advance-directive requirements.
Covered providers may not condition care or discriminate based on whether you have completed an advance directive.
What to do next
- Ask which document is an advance directive and which is ordinary treatment consent.
- State your choice and request the provider’s written policy.
- Use the patient grievance process and state survey complaint route if care is conditioned on signing.
What could change this answer?
- The validity and effect of a directive depend on state law.
- Emergency decision-making and consent for a particular procedure are separate issues.
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Can a nursing home use restraints simply because staff are too busy to supervise?Federal rule · specific setting
Federal rule · specific setting
For this situationResidents of Medicare- or Medicaid-certified nursing facilities.
Federally regulated nursing homes must not use physical or chemical restraints for discipline or convenience when not required to treat medical symptoms.
What to do next
- Ask the care team for the reason, assessment, and alternatives considered.
- Document the device or medication, duration, and statements about staffing convenience.
- Contact the long-term care ombudsman and state survey agency for help.
What could change this answer?
- The purpose and effect of medication or equipment matter.
- Clinical necessity does not eliminate requirements to assess and monitor use.
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My nursing home says I must leave tomorrow. Can I request a written notice and appeal?Federal rule · specific setting
Federal rule · specific setting
For this situationResidents facing facility-initiated transfer or discharge from a certified nursing facility.
Certified nursing facilities generally must give written reasons and appeal information, usually at least 30 days before an involuntary discharge.
What to do next
- Request the written notice, reason, destination, and appeal contact immediately.
- Contact the long-term care ombudsman and use the notice’s appeal route promptly.
- Ask whether timely appeal preserves residence and document any claimed emergency.
What could change this answer?
- Stays under 30 days and urgent medical needs can affect notice timing.
- A pending appeal has safety exceptions, and payment-related discharge has specific conditions.
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Does a nursing-home resident have to wait 30 days just to inspect care records?Federal rule · specific setting
Federal rule · specific setting
For this situationResidents requesting their own records at Medicare- or Medicaid-certified nursing facilities.
Certified nursing facilities must provide access to a resident’s personal and medical records within 24 hours, excluding weekends and holidays. Copies require two working days’ advance notice.
What to do next
- Make an oral or written request identifying the care records needed.
- Record the request time and clarify whether you seek inspection or copies.
- Contact the ombudsman or state survey agency about an unexplained delay.
What could change this answer?
- Weekend and holiday exclusions affect inspection timing.
- Copies can involve reasonable permitted copying costs; representative authority may need verification.
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Can a nursing home punish me for complaining about missed care?Federal rule · specific setting
Federal rule · specific setting
For this situationNursing-facility residents raising care, staff, or living-condition complaints.
Residents of certified nursing facilities may voice grievances without discrimination or reprisal and can request a written grievance decision.
What to do next
- Ask for the grievance official’s contact and the written grievance policy.
- Submit the specific missed care, dates, and requested correction; retain a copy.
- Document any retaliation and contact the ombudsman or state survey agency independently.
What could change this answer?
- Anonymous grievances are permitted, but details still matter for investigation.
- A grievance does not replace a time-sensitive discharge appeal.
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Must I let the nursing home control all my personal spending money?Federal rule · specific setting
Federal rule · specific setting
For this situationResidents deciding whether a certified nursing facility will hold personal funds.
Residents of certified facilities have the right to manage their financial affairs. A facility cannot require depositing personal funds with it.
What to do next
- Ask for the admission contract and any fund-management authorization.
- State whether you choose to manage funds or authorize limited facility management.
- Request account information and contact the ombudsman about coercion or missing money.
What could change this answer?
- Voluntarily entrusted funds trigger accounting and safeguarding duties.
- Paying legitimate care charges is separate from surrendering control of all personal funds.
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Can a nursing home decide that only relatives may visit me?Federal rule · specific setting
Federal rule · specific setting
For this situationResidents seeking visits from friends, partners, or other chosen people.
Certified nursing-facility residents generally may receive visitors of their choosing, subject to consent, other residents’ rights, and reasonable clinical or safety restrictions.
What to do next
- Tell staff who you consent to receive and request that the preference be recorded.
- Ask for the written visitation policy and reason for any restriction.
- Contact the ombudsman about a blanket family-only rule or discriminatory limit.
What could change this answer?
- A specific clinical or safety concern may justify a reasonable restriction.
- Roommate rights and legally authorized representation can affect arrangements.
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The hospital is discharging me but I believe inpatient care is still necessary. How can Medicare review it quickly?Federal rule · specific setting
Federal rule · specific setting
For this situationMedicare inpatients disputing the end of covered hospital services.
Medicare beneficiaries can request a fast discharge appeal from the BFCC-QIO identified on the Important Message from Medicare.
What to do next
- Find the Important Message from Medicare and contact its BFCC-QIO immediately.
- Explain why discharge is premature and ask the doctor for supporting information.
- Request the Detailed Notice of Discharge and follow the reviewer’s instructions.
What could change this answer?
- Missing the fast-appeal deadline can change financial responsibility.
- Observation status and a plan’s separate denial of admission coverage need different review.
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My Medicare Advantage plan denied needed treatment. Can my doctor request a fast appeal?Federal rule · specific setting
Federal rule · specific setting
For this situationMedicare Advantage members challenging denial of an item or service before receiving it.
For qualifying urgent pre-service appeals, a Medicare Advantage plan must decide as quickly as health requires, generally within 72 hours.
What to do next
- Read the denial and ask your doctor to explain the danger of waiting.
- Request an expedited reconsideration through the plan’s appeal contact.
- Keep the submission time and decision; follow the independent-review instructions if denial continues.
What could change this answer?
- Payment-only appeals after treatment use different timing.
- Permitted extensions and the clinical urgency assessment can affect the process.
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Federal rule. State or local protections may add to it. Legal review pending.
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Medicaid denied my application despite documents I submitted. Can I ask for a fair hearing?Federal rule · specific setting
Federal rule · specific setting
For this situationApplicants disputing a state Medicaid eligibility decision or unreasonable application delay.
Federal Medicaid rules require an opportunity for a fair hearing about an eligibility denial, claimed agency error, or failure to act with reasonable promptness.
What to do next
- Save the denial and proof of the documents submitted.
- Request a fair hearing using the notice’s instructions and state the disputed facts.
- Ask the Medicaid agency about your case record and submit supporting evidence before the hearing.
What could change this answer?
- A dispute solely about an automatic legal change can have different hearing rules.
- Continuing existing benefits pending appeal has separate timing requirements.
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Federal rule. State or local protections may add to it. Legal review pending.
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Can the SNAP office make me finish every question before accepting my application date?Federal rule · specific setting
Federal rule · specific setting
For this situationHouseholds starting an application through an authorized state SNAP channel.
Federal SNAP rules allow an application to be filed with the applicant’s name, address, and an appropriate signature to start the process.
What to do next
- Submit the minimum signed application through the official state process.
- Keep a dated receipt or electronic confirmation and promptly complete the remaining questions.
- Contact the SNAP office if it refuses to preserve the filing date while information is gathered.
What could change this answer?
- The correct signature or authorized representative matters.
- Special institutional-release rules can change the filing date used for benefits.
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Federal rule. State or local protections may add to it. Legal review pending.
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I have almost no money for food. Can SNAP screen my application for faster help?Federal rule · specific setting
Federal rule · specific setting
For this situationSNAP applicants whose financial circumstances may qualify for expedited processing.
Households meeting federal expedited-service criteria must receive available SNAP benefits no later than the seventh calendar day after filing.
What to do next
- File promptly and ask explicitly for expedited-service screening.
- Give accurate current income, cash, bank balances, and rent and utility information.
- Complete the interview and identity verification quickly; ask the SNAP supervisor about missed expedited timing.
What could change this answer?
- Some verification may be postponed, but required identity verification still matters.
- Regular processing applies when expedited criteria are not met.
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Federal rule. State or local protections may add to it. Legal review pending.
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How do I document being denied access to a service?Background reading
Background reading
Start with requests and written responses; organization and date; only the sensitive details needed for your chosen route.
Keep your own observations separate from what someone told you. These are preparation steps, not a finding about your rights or eligibility.
This is background information, not a state-specific answer. Legal review pending.
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Community & advocacy
How can I ask a federal agency for public records?Background reading
Background reading
First check whether the records are already online. If not, send a written FOIA request to the agency that holds them, clearly describing what you want.
FOIA.gov has agency contacts and request routes. Federal FOIA does not cover every state or local records request.
This is background information, not a state-specific answer. Legal review pending.
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Does FOIA make an agency answer my questions?Background reading
Background reading
No. FOIA is for existing agency records. It does not require an agency to create a new report, do research or answer a questionnaire.
Ask for a specific document, period or type of record, and say what format you prefer. Some information can be withheld under legal exemptions.
This is background information, not a state-specific answer. Legal review pending.
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Can I request federal records without agreeing to an unlimited bill?Federal rule · specific setting
Federal rule · specific setting
For this situationA request to a federal executive-branch agency under FOIA.
Yes. Put a maximum fee amount in your FOIA request and ask the agency to contact you before exceeding it. Submitting a request has no initial filing fee.
What to do next
- Describe the records and date range narrowly.
- State the most you are willing to pay.
- If given an estimate, ask about narrowing the request before agreeing.
Words you can use
Please contact me before incurring fees above [$AMOUNT]. I prefer electronic copies.
Replace the brackets with your details. Keep only what is true for you.
What could change this answer?
- Fees depend on the requester’s category and the agency’s rules.
- Financial hardship alone does not qualify for a public-interest fee waiver.
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Federal rule. State or local protections may add to it. Legal review pending.
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A federal agency withheld records I requested. How do I challenge that?Federal rule · specific setting
Federal rule · specific setting
For this situationAn initial FOIA response from a federal executive-branch agency.
Follow the administrative-appeal instructions in the agency’s response. Identify the request and explain which withholding or search decision you want reviewed.
What to do next
- Keep the response and tracking number.
- Identify the disputed decision and the reason you disagree.
- Send the appeal to the named appeal authority and retain proof.
What could change this answer?
- FOIA exemptions can lawfully protect some material.
- State public-records disputes use different procedures.
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Federal rule. State or local protections may add to it. Legal review pending.
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Does California DOJ have to send all requested public records within ten days?Background reading
Background reading
Choose California to read this local rule and its limits.
This is background information, not a state-specific answer. Legal review pending.
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California law
For this situationA California Public Records Act request directed to the California Department of Justice.
No. The ten-day period is generally for deciding whether the request seeks disclosable records and notifying you. Actual production follows within a reasonable period.
What to do next
- Identify existing records by subject, dates and office. Check whether they are already published.
- Submit the DOJ Public Records Act request form. Save the request and receipt date.
- Read the determination and estimated production date. For withheld material, ask which exemption applies and whether a redacted portion can be released.
What could change this answer?
- Specified unusual circumstances can extend the initial determination period by up to 14 days with written notice.
- Personnel, investigative or privileged material may be withheld or redacted under applicable exemptions.
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Applies only to the setting described in this guide. Legal review pending.
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What response should I receive after a New York FOIL records request?Background reading
Background reading
Choose New York to read this local rule and its limits.
This is background information, not a state-specific answer. Legal review pending.
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New York law
For this situationA request for existing records of a New York state or local agency covered by the Freedom of Information Law.
Within five business days, the agency must grant access, deny access in writing, or acknowledge the request and give an approximate date for granting or denying it.
What to do next
- Send a reasonably specific records request to the agency’s records access officer and keep proof of delivery.
- Track the five-business-day response and the promised determination date; follow up when either is missed.
- For a denial, send a written appeal to the designated appeals officer within 30 days. Include the request, denial and reasons for challenging it.
What could change this answer?
- If access will take longer than 20 business days after acknowledgment, the agency must explain why and give a reasonable date certain.
- The agency must decide an administrative appeal within ten business days; court review has separate procedures and deadlines.
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Applies only to the setting described in this guide. Legal review pending.
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How long can a Maryland agency take to respond to my ordinary public-records request?Background reading
Background reading
Choose Maryland to read this local rule and its limits.
This is background information, not a state-specific answer. Legal review pending.
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Maryland law
For this situationAn ordinary Maryland Public Information Act request for existing records, such as agency budgets or contracts, outside special statutory timelines.
The usual outside limit is 30 days after receipt to grant or deny access. If production will take more than ten working days, the custodian must send an explanation, time estimate and estimated fee range within ten working days.
What to do next
- Identify the records and dates and send the request to the agency custodian. Save delivery confirmation.
- Track the ten-working-day notice and 30-day response dates. Ask for the legal basis and expected completion date of any extension.
- For an unresolved access dispute, submit the Public Access Ombudsman’s Dispute Resolution Assistance Request Form with the original request and agency responses.
What could change this answer?
- Certain records designated by statute have a 50-day response period.
- The applicant can consent to an extension of up to 30 days; exemptions can also permit withholding or redacting material.
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Applies only to the setting described in this guide. Legal review pending.
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When must a DC agency respond to an ordinary FOIA request?Background reading
Background reading
Choose the District of Columbia to read this local rule and its limits.
This is background information, not a state-specific answer. Legal review pending.
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District of Columbia law
For this situationA request for existing records held by a DC public body, excluding Metropolitan Police Department body-camera recordings.
For ordinary records, the agency generally has 15 business days after receiving the request to make records accessible or give a written denial with reasons.
What to do next
- Describe the records and date range and submit to the agency’s FOIA officer through the DC Public FOIA Portal or an accepted written method.
- Save the acknowledgment and track business days, excluding weekends and legal public holidays.
- If access is denied, read the cited exemption and use the official administrative-appeal instructions. Include the original request, denial and reasons for your appeal.
What could change this answer?
- MPD body-camera requests generally use 25 business days, with a possible 15-business-day unusual-circumstances extension.
- FOIA does not require creating records or answering a questionnaire; privacy, privilege and other exemptions can limit disclosure.
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Applies only to the setting described in this guide. Legal review pending.
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Can I request urgent processing of a federal FOIA request involving a safety threat?Federal rule · specific setting
Federal rule · specific setting
For this situationA federal FOIA requester seeking faster processing under 5 USC § 552(a)(6)(E).
Yes. A qualifying compelling need can support expedited processing; the agency must decide that request within ten calendar days.
What to do next
- Identify the agency holding the records and its expedited-processing instructions.
- Submit a specific explanation of the urgency, certified true and correct to the best of your knowledge and belief.
- Keep the receipt and decision; use the agency’s review instructions promptly if expedition is denied.
What could change this answer?
- A reasonably expected threat to life or physical safety is one statutory basis.
- Urgency to inform the public requires a qualifying information disseminator; agencies may recognize additional grounds.
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Federal rule. State or local protections may add to it. Legal review pending.
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Can an agency withhold an entire federal record because one part is exempt?Federal rule · specific setting
Federal rule · specific setting
For this situationA federal FOIA response invoking an exemption for all or part of a requested record.
The agency must assess whether nonexempt portions can reasonably be separated and released.
What to do next
- Read the response and note which exemption is claimed for each withholding.
- Ask the FOIA office to release reasonably segregable portions and explain any full withholding.
- If unresolved, identify the segregation issue in a timely administrative appeal and retain the response.
What could change this answer?
- Disclosure prohibited by another law can restrict the available release.
- Exempt information inseparable from the remaining material can justify broader withholding.
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Federal rule. State or local protections may add to it. Legal review pending.
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Can OGIS help resolve a federal FOIA dispute without a lawsuit?Federal rule · specific setting
Federal rule · specific setting
For this situationA federal FOIA issue not already in litigation.
Yes. The National Archives’ OGIS offers neutral dispute-resolution assistance, but cannot order an agency to release records.
What to do next
- First try the agency’s FOIA Requester Service Center or Public Liaison.
- Send OGIS the request, response, appeal correspondence, tracking number and a short description of the unresolved issue.
- Submit any required privacy consent and continue meeting the agency’s appeal deadline while mediation is pending.
What could change this answer?
- OGIS does not handle state public-records disputes.
- It does not provide legal representation or process the FOIA request itself.
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Federal rule. State or local protections may add to it. Legal review pending.
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Where can I seek mediation of a Maryland Public Information Act records dispute?Background reading
Background reading
Choose MD for this jurisdiction’s answer.
This is background information, not a state-specific answer. Legal review pending.
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Maryland law
For this situationA requester or custodian with a dispute arising from a Maryland PIA request.
Request dispute-resolution assistance from the Maryland Public Access Ombudsman using its form or stated contact route.
What to do next
- Collect the original request, any ten-day response, final response and relevant correspondence.
- Submit the Ombudsman’s Dispute Resolution Assistance Request Form with both parties’ contact details and a concise issue description.
- Cooperate with the mediation and retain the final determination if further review is needed.
What could change this answer?
- A later Compliance Board complaint must fall within that Board’s jurisdiction.
- Court review is a separate option; confirm any applicable filing deadline rather than assuming mediation pauses it.
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Applies only to the setting described in this guide. Legal review pending.
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Does Virginia FOIA give every out-of-state person the same records-access right as a Virginia citizen?Background reading
Background reading
Choose VA for this jurisdiction’s answer.
This is background information, not a state-specific answer. Legal review pending.
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Virginia law
For this situationA request for Virginia state or local public records under the ordinary Virginia FOIA access provision.
No. Virginia’s ordinary access right covers Virginia citizens and specified media representatives with Virginia circulation or broadcasts.
What to do next
- Identify whether you qualify as a Virginia citizen or covered media representative.
- Provide the agency’s requested name and legal address accurately; do not invent residency.
- If outside those categories, ask about voluntary access or have an eligible Virginia citizen make their own request.
What could change this answer?
- Being outside Virginia physically does not by itself decide Virginia citizenship.
- Special access rights to particular law-enforcement records need a separate assessment.
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Applies only to the setting described in this guide. Legal review pending.
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How do I complain about a federal judge’s misconduct rather than challenge a ruling?Federal rule · specific setting
Federal rule · specific setting
For this situationConduct allegations against a federal circuit, district, bankruptcy or magistrate judge.
Use the judicial-conduct complaint process, typically filing with the regional court of appeals clerk for the judge’s circuit.
What to do next
- Identify the judge’s court and the correct regional circuit’s complaint instructions.
- Use AO 310 or the accepted local format, describing dates, events, witnesses and supporting records, and sign under penalty of perjury.
- File through the designated complaint office and preserve separate deadlines in the underlying case.
What could change this answer?
- Special national courts have different filing offices.
- Disagreement with a decision alone is not judicial misconduct.
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Federal rule. State or local protections may add to it. Legal review pending.
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Can I ask a federal district court to let me file a civil case without prepaying the filing fee?Federal rule · specific setting
Federal rule · specific setting
For this situationA non-prisoner seeking to begin a federal district-court civil action without prepaying fees.
Yes. A financially eligible person may request permission to proceed in forma pauperis using the court’s required financial application.
What to do next
- Check the district court’s instructions for AO 239, AO 240 or its required local application.
- Complete the income, assets, expenses and other requested financial information accurately and submit it with the required case papers.
- Read the court’s order and meet any payment or correction deadline if the request is denied.
What could change this answer?
- Prisoners have separate account-record, installment and eligibility rules.
- The court can dismiss a legally deficient case even when prepayment is excused.
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Federal rule. State or local protections may add to it. Legal review pending.
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How can I put my community’s concerns into an EPA rulemaking docket?Federal rule · specific setting
Federal rule · specific setting
For this situationAn EPA proposal or other EPA action with an open public-comment docket.
Submit a comment to the identified docket through an accepted method before the notice’s deadline.
What to do next
- Read the notice and record its docket ID, requested subjects and comment deadline.
- Explain your concrete concerns with supporting facts, proposed alternatives and the exact provision you want changed.
- Submit through the notice’s accepted channel and keep the complete comment and confirmation.
What could change this answer?
- EPA generally does not consider material stored only behind outside links.
- Confidential business information and other protected material require special submission procedures.
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Federal rule. State or local protections may add to it. Legal review pending.
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Can I ask a federal agency to change a rule when no comment period is open?Federal rule · specific setting
Federal rule · specific setting
For this situationAn interested person seeking a rule change within an agency’s authority and the Administrative Procedure Act’s applicable scope.
For matters covered by 5 USC § 553, an interested person may petition the agency to issue, amend or repeal a rule.
What to do next
- Identify the exact regulation, responsible agency and requested change.
- Check the agency’s petition regulations for required contents, filing address and supporting information.
- Submit a reasoned petition with evidence, retain delivery proof and follow the agency’s response process.
What could change this answer?
- Statutory exclusions and separate program-specific petition procedures can affect the route.
- A petition does not suspend an existing rule or a deadline in an individual case.
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Federal rule. State or local protections may add to it. Legal review pending.
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Can a congressional office help me get an answer from a federal agency?Safety & practical steps
Safety & practical steps
For this situationA constituent seeking casework assistance with a federal administrative matter.
A constituent-services office may make an agency inquiry after receiving the required privacy authorization.
What to do next
- Find your representative’s official constituent-services page and describe the agency problem briefly.
- Complete that office’s privacy-release form and securely provide the requested case number and correspondence.
- Tell the caseworker about existing deadlines and any other congressional inquiry, and keep pursuing required agency appeals.
What could change this answer?
- State or local matters may require a different elected office.
- Pending court disputes and requests to change judicial decisions fall outside ordinary agency casework.
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Practical guidance, not a statement of a legal right or a guarantee of an outcome. Legal review pending.
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How can I prepare to support someone else?Background reading
Background reading
Start with your goals and questions; public information from the organizer; consent before including someone else’s account.
Keep your own observations separate from what someone told you. These are preparation steps, not a finding about your rights or eligibility.
This is background information, not a state-specific answer. Legal review pending.
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My Virginia charge was dismissed. How do I start an expungement request?Background reading
Background reading
Choose Virginia to read this guide. We have not researched this question for other states.
This is background information, not a state-specific answer. Legal review pending.
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Virginia law
For this situationAn ordinary Virginia acquittal, dismissal or nolle prosequi, without a guilty plea or deferred finding. Confirm the exact outcome and your prior record.
Start with the final court disposition. An eligible acquittal, dismissal or charge dropped by the prosecutor (nolle prosequi) can support an expungement petition in the circuit court where the case was disposed of. A dismissal alone does not establish eligibility.
What to do next
- Get the charging document and final disposition. Copy the court’s exact wording.
- Ask the circuit court clerk for current CC-1473 requirements and whether a CC-1416 cover sheet is needed. The form contains language for changing rules; check the effective statute.
- If proceeding, attach the charging document when reasonably available. Confirm the CCRE electronic criminal-history request and service on the Commonwealth’s Attorney.
- Ask about hearing requirements and prepare evidence of the record’s consequences. Filing a petition does not guarantee relief.
Words you can use
My case [NUMBER] ended as [EXACT COURT WORDING] on [DATE]. What are the current CC-1473 filing, CCRE request and service requirements for this disposition?
Replace the brackets with your details. Keep only what is true for you.
What could change this answer?
- Relief generally involves showing that keeping the record causes or could cause a serious injustice. Prior record and the charge level affect the standard.
- The statute lists different rules beginning December 1, 2026. This guide stops being offered as current after November 30.
- Expungement and record sealing are different processes.
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Applies only to the setting described in this guide. Legal review pending.
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Flights & travel
My airline cancelled my flight. Do I have to accept a voucher?Federal rule · specific setting
Federal rule · specific setting
For this situationA flight to, from or within the US, bought directly from the airline. This guide covers cancellation, not a change of mind.
No. If you decline the replacement flight and other compensation, you are entitled to a refund. A nonrefundable ticket does not remove this right when the airline cancels.
What to do next
- Keep the cancellation notice and booking number.
- Tell the airline you decline rebooking and credit. Keep a copy.
- For a credit-card purchase, check for the refund within 7 business days after rejecting the alternative.
Words you can use
My booking is [NUMBER]. The airline cancelled [FLIGHT / DATE]. I decline replacement travel and vouchers. Please refund my original payment.
Replace the brackets with your details. Keep only what is true for you.
What could change this answer?
- Booked through a travel agency? Check who charged your card. The airline or agency that charged you is responsible for the ticket refund.
- Already travelled or accepted compensation? This guide does not establish a full-fare refund.
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Federal rule. State or local protections may add to it. Legal review pending.
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Can I get a refund if I simply decide not to fly?Background reading
Background reading
A nonrefundable ticket usually is not refundable just because you change your mind when the flight operates as scheduled. Check the ticket terms and any applicable cancellation window.
This is background information, not a state-specific answer. Legal review pending.
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What if the airline moves me to a cheaper cabin?Background reading
Background reading
If you travel in the lower cabin, US rules entitle you to the difference in fare. That is different from a refund of the entire trip.
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Where can I complain about an airline?Background reading
Background reading
Start with the airline’s consumer-relations contact and keep your booking, receipts and correspondence. You can also send a complaint through the US Department of Transportation’s aviation consumer site.
Use the complaint link in the DOT guide below. Submitting a complaint does not guarantee compensation.
This is background information, not a state-specific answer. Legal review pending.
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I booked the wrong flight directly with the airline an hour ago. Is there a 24-hour cancellation right?Federal rule · specific setting
Federal rule · specific setting
For this situationA ticket booked directly with an airline for covered US air travel, at least seven days before scheduled departure.
For bookings made at least seven days before departure, airlines must offer either a 24-hour unpaid hold or cancellation within 24 hours with a full refund. They do not have to offer both.
What to do next
- Find the booking timestamp, departure date and the airline’s published 24-hour policy immediately.
- If the airline provides the cancellation option, use its official cancellation process before the window closes and request the full refund.
- Save the cancellation confirmation and payment record. Follow up if the promised refund does not arrive.
What could change this answer?
- A booking less than seven days before departure may only receive protections offered voluntarily by the airline.
- This rule does not require free date changes or name corrections. A cancellation and a ticket change are different requests.
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Federal rule. State or local protections may add to it. Legal review pending.
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I checked in on time but an oversold flight denied me a seat. Can the airline owe compensation?Federal rule · specific setting
Federal rule · specific setting
For this situationInvoluntary denied boarding caused by oversales on a flight covered by DOT’s bumping rules, departing a US airport.
Possibly. On covered departures from a US airport, involuntary bumping can require payment when you have a confirmed reservation, meet check-in and gate deadlines, and cannot be rerouted to arrive within one hour of your original arrival time.
What to do next
- Ask whether the denial is involuntary and caused by oversales. Save your confirmed booking and evidence you arrived on time.
- Request the written denied-boarding explanation and compensation rules from the airline.
- Compare the replacement flight’s scheduled arrival with the original. Ask for the payment calculation and keep any offer in writing.
What could change this answer?
- Flights departing foreign airports and aircraft with fewer than 30 seats are excluded from these DOT compensation rules.
- The amount depends on delay, fare and itinerary, subject to limits. A travel voucher is not the only possible payment form.
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Federal rule. State or local protections may add to it. Legal review pending.
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We have been stuck on the plane for two hours. Must the airline provide water?Federal rule · specific setting
Federal rule · specific setting
For this situationA ground delay at a US airport when passengers cannot get off, on an airline covered by DOT’s tarmac-delay rule.
During a covered tarmac delay at a US airport, the airline must provide drinking water and a snack no later than two hours after the delay starts, unless safety or security prevents service.
What to do next
- Note when the aircraft doors closed before departure, or when the arriving aircraft landed, and keep later announcements.
- Ask the crew about water and a snack once the delay approaches two hours. Explain urgent medical needs separately.
- After the trip, send the airline your flight number, airport, timeline and what was provided; use DOT’s complaint route if necessary.
What could change this answer?
- The rule requires a snack, not a full meal. Safety or security can temporarily prevent service.
- A delay at a foreign airport is outside this US tarmac rule. Separate rules govern when passengers must be allowed off.
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Federal rule. State or local protections may add to it. Legal review pending.
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My checked bag is delayed. Can I claim the toiletries and clothes I need meanwhile?Federal rule · specific setting
Federal rule · specific setting
For this situationNecessary incidental expenses while checked baggage is delayed in covered domestic or international air travel.
Airlines must reimburse reasonable, documented, actual incidental expenses caused by delayed baggage, subject to applicable liability limits. They cannot impose an arbitrary daily reimbursement cap.
What to do next
- File a missing-baggage claim with the airline as soon as possible. Save the bag tag and claim reference.
- Buy reasonably necessary replacement items, keep itemized receipts and note why you needed them during the delay.
- Submit the expense claim through the airline’s baggage process and keep a copy of any denial or arbitrary daily-limit policy.
What could change this answer?
- Domestic and international liability limits differ. A domestic connection on an international itinerary can follow international rules.
- A lost-bag settlement and refund of a baggage fee are separate issues; ask the airline how to request each applicable remedy.
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Federal rule. State or local protections may add to it. Legal review pending.
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Airport staff refuse the disability assistance I requested. Who can resolve it before my flight?Federal rule · specific setting
Federal rule · specific setting
For this situationA disability-related airline accommodation or service problem on air travel covered by the Air Carrier Access Act.
Ask for the airline’s Complaint Resolution Official, or CRO. This person is trained in disability air-travel rules and can resolve complaints for the airline; access may be by telephone.
What to do next
- Tell airline staff what assistance was requested, what happened and that you want to speak with the CRO.
- Save the flight details, assistance request and names or roles of staff involved. Record the time without delaying needed assistance.
- Send a written disability complaint to the airline promptly; its required response process generally applies to complaints sent within 45 days of the incident.
What could change this answer?
- Airlines generally must address a timely written disability complaint within 30 days.
- DOT’s disability hotline can help with urgent issues during its published operating hours; an online complaint is not an immediate rescue service.
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I paid the airline for Wi-Fi but it never worked. Can I get that fee back?Federal rule · specific setting
Federal rule · specific setting
For this situationAn optional airline service purchased for a flight to, from or within the US, such as paid in-flight Wi-Fi.
Yes, if the paid service was unavailable through no fault of yours. DOT rules require a refund of the fee for an airline’s optional service that was not provided.
What to do next
- Keep the separate service receipt, flight number and date. Save an error message or airline notice showing the outage.
- Tell the airline which paid service was unavailable and request a refund of that fee.
- Keep the request and response, then use DOT’s complaint process if the airline does not address the missing service.
What could change this answer?
- If you bought the service through a ticket agent, DOT directs you to request this fee refund from the airline.
- An inability caused by your own device or failure to use an available service may not meet the rule’s no-fault requirement.
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My domestic flight will arrive four hours late. Can I abandon the trip and get a refund?Federal rule · specific setting
Federal rule · specific setting
For this situationA flight to, from or within the United States with a qualifying schedule change.
A domestic itinerary arriving at least three hours later qualifies as a significant delay under DOT refund rules. You can receive a refund if you decline travel and alternatives such as a voucher.
What to do next
- Save the original and revised itinerary, including destination arrival times.
- Tell the airline clearly that you decline the changed trip and request the refund option.
- Retain the confirmation and check the payment method for the refund.
What could change this answer?
- The time threshold for international itineraries is six hours.
- Changed origin or destination airports and added connections can qualify independently of the time threshold.
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My domestic checked bag arrived 18 hours late. Can I recover the baggage fee itself?Federal rule · specific setting
Federal rule · specific setting
For this situationA paid checked bag significantly delayed on a covered flight.
Generally yes. A checked bag delayed more than 12 hours after a domestic arrival qualifies for a baggage-fee refund if you filed a mishandled-baggage report.
What to do next
- File the airline’s baggage report as soon as the bag fails to arrive.
- Keep the fee receipt and record when you could deplane and when the bag was returned.
- Ask the airline to confirm the fee refund and retain the case number.
What could change this answer?
- International thresholds are 15 or 30 hours depending on flight duration.
- Failure to collect or recheck a timely bag, or certain voluntary late-check agreements, can change eligibility.
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The airline broke a wheel off my suitcase and says wheels are never covered. Is that valid?Federal rule · specific setting
Federal rule · specific setting
For this situationChecked luggage damaged while in an airline’s custody.
Airlines cannot categorically exclude damage to wheels, handles or straps. They must address covered baggage damage, which can include repair or compensation.
What to do next
- Photograph the damage and bag tag before leaving the airport if possible.
- File a damage report immediately and ask about the airline’s repair process and claim deadline.
- Keep purchase records, repair estimates and its written explanation if it denies the claim.
What could change this answer?
- Domestic liability is subject to federal limits for ordinary baggage.
- International itineraries have treaty rules and especially short written-claim deadlines.
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My lost suitcase contained older clothes. Must the airline buy everything brand new?Federal rule · specific setting
Federal rule · specific setting
For this situationA bag the airline has declared lost, with contents you can reasonably document.
Airlines generally compensate provable baggage loss using actual value, including depreciation, subject to applicable liability limits. They do not automatically owe the cost of all-new replacements.
What to do next
- Ask when the airline considers the bag lost and obtain the written claim form.
- Prepare an itemized inventory with purchase prices, approximate ages and available receipts or photos.
- Review the proposed valuation and explain any specific omitted item or unreasonable depreciation.
What could change this answer?
- Airlines can exclude some items from domestic baggage liability under disclosed rules.
- Assistive devices have different domestic liability treatment from ordinary clothes and suitcases.
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An airline damaged my wheelchair on a domestic flight. Does the normal suitcase cap limit my claim?Federal rule · specific setting
Federal rule · specific setting
For this situationA wheelchair or other assistive device damaged during domestic air transportation.
No. Domestic liability for airline-caused damage to an assistive device can reach the device’s original purchase price, without the ordinary baggage cap.
What to do next
- Photograph the device before travel and immediately after it is returned.
- Report each damaged function and ask for a repair or replacement claim and needed interim assistance.
- Provide purchase and repair documentation and challenge application of an ordinary suitcase cap.
What could change this answer?
- International treaty limits can result in lower compensation.
- Preexisting damage and disputed causes require evidence; the newer presumption of liability is under an enforcement pause.
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My wheelchair will not fit in the cabin. Can the airline charge a checked-bag fee for it?Federal rule · specific setting
Federal rule · specific setting
For this situationA disability-related wheelchair or other assistive device that cannot be safely stowed in the cabin.
No. Required transport of your assistive device in the baggage compartment must be provided without an extra baggage charge.
What to do next
- Give the airline the device’s dimensions, weight, battery type and handling instructions.
- Identify it as an assistive device when arranging gate or counter checking.
- Keep any imposed fee receipt and ask the airline’s disability official to correct the charge.
What could change this answer?
- Battery preparation or special arrangements may require advance coordination.
- Ordinary luggage packed alongside the device is not automatically exempt from baggage charges.
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The gate agent counts my walker as my second carry-on and wants a fee. Can it count?Federal rule · specific setting
Federal rule · specific setting
For this situationA cane, walker or other disability-related assistive device carried onto a covered flight.
An assistive device used because of a disability does not count against the airline’s carry-on allowance when it meets safe-stowage requirements.
What to do next
- Explain the device’s function and ask for an appropriate safe stowage location.
- Separate ordinary personal belongings from a bag containing only assistive supplies where practical.
- Ask the airline’s complaints resolution official to address an incorrect carry-on charge.
What could change this answer?
- A device that cannot fit safely in the cabin may need free cargo stowage.
- Safety rules still govern aisle clearance and use of the device during takeoff and landing.
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The airline says I cannot get ordinary boarding assistance because I did not call 48 hours ahead. Is that a blanket rule?Federal rule · specific setting
Federal rule · specific setting
For this situationA passenger requesting disability assistance on an Air Carrier Access Act-covered flight.
No. Airlines generally cannot require advance notice for ordinary disability assistance. Specific accommodations that need preparation can have advance-notice requirements.
What to do next
- Describe the assistance you need at check-in and again at the gate.
- Ask which specific rule the airline believes requires advance notice for that service.
- Request its complaints resolution official if ordinary assistance is withheld.
What could change this answer?
- Certain equipment, large disability groups and specified battery arrangements can require up to 48 hours’ notice.
- For a missed valid notice requirement, the airline must make reasonable efforts but need not delay the flight.
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The airline insists I need a safety assistant even though I disagree. Must I buy the assistant’s ticket?Federal rule · specific setting
Federal rule · specific setting
For this situationAn airline-imposed safety assistant requirement for a passenger with a disability.
If an airline requires a safety assistant under the narrow permitted circumstances over your own assessment that you can travel independently, it cannot charge for the assistant’s transportation.
What to do next
- Explain your ability to understand safety instructions and assist in your evacuation.
- Ask the airline to identify the specific safety-assistant rule it is applying.
- Have the complaints resolution official address both the requirement and the ticket charge.
What could change this answer?
- Personal care, feeding and toileting are not generally services cabin crew must perform.
- Available seating and valid safety requirements can affect arrangements for the assistant.
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An airline wants its own extra certification for my trained service dog. Which documents may it require?Federal rule · specific setting
Federal rule · specific setting
For this situationA trained service dog accompanying a person with a disability on a covered flight.
Airlines may require the DOT service-animal forms, but generally cannot invent additional documentation requirements beyond those forms unless another applicable government law requires them.
What to do next
- Use the current DOT air-transportation form and check the airline’s submission instructions.
- Ask the carrier to identify any government requirement behind an additional document demand.
- Keep the submitted form and contact the airline’s disability official about unsupported requirements.
What could change this answer?
- Destination-country entry and animal-health laws can require additional documents.
- A direct threat, significant disruption or inability to fit safely can justify denial based on the individual animal.
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Can an airline refuse every service dog on a nine-hour flight because it might need a toilet?Federal rule · specific setting
Federal rule · specific setting
For this situationA service dog traveling on a covered flight scheduled to last at least eight hours.
A blanket duration ban is not the rule. For a flight scheduled for eight hours or more, the airline may require the DOT relief-attestation form addressing safe relief or no need to relieve.
What to do next
- Review the flight duration and the carrier’s deadline for the DOT relief form.
- Describe a realistic sanitary relief method if the dog may need one.
- Submit the form, retain confirmation and request disability review of an automatic duration-based refusal.
What could change this answer?
- Other lawful safety and animal-behavior requirements remain applicable.
- A pet or emotional-support animal may travel under a different airline policy.
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Can I use my FAA-compliant portable oxygen concentrator during the flight?Federal rule · specific setting
Federal rule · specific setting
For this situationA passenger who needs a compliant portable oxygen concentrator onboard.
A covered airline must allow a portable oxygen concentrator that meets FAA requirements, subject to permitted preparation, documentation and battery conditions.
What to do next
- Confirm the exact device model and FAA compliance with the airline before booking.
- Ask about its advance notice, medical certificate and early check-in requirements.
- Carry protected, fully charged batteries for the required operating period and follow crew stowage instructions.
What could change this answer?
- An airline may require batteries lasting at least 150% of the flight duration.
- Do not assume an aircraft power outlet will be available or approved for powering the device.
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I need an aisle seat with a movable armrest because of my disability. Can the airline charge an upgrade fee?Federal rule · specific setting
Federal rule · specific setting
For this situationA disability-related seat need recognized by DOT seating-accommodation rules.
Required disability seating accommodations must be provided without an added accommodation fee within the class of service you purchased.
What to do next
- Explain the functional need rather than just naming a preferred seat number.
- Request the accommodation early and follow the carrier’s applicable check-in procedure.
- Ask the disability official to resolve an added fee or seat assignment that does not meet the need.
What could change this answer?
- Exit-row safety criteria still apply based on the passenger’s abilities.
- An ordinary preference for extra comfort is different from a required disability accommodation.
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I can walk short distances but cannot cross a large airport. Can I still request wheelchair assistance?Federal rule · specific setting
Federal rule · specific setting
For this situationA covered airline passenger whose disability limits travel through the airport.
Yes. Assistance is based on your disability-related needs, not a requirement that you be unable to walk at all.
What to do next
- Request wheelchair assistance through the airline and include each connection.
- Tell staff if you can walk briefly but cannot cover the distance or stand in long lines.
- Check that help is arranged at the next airport and contact the disability official if assistance is refused.
What could change this answer?
- Assistance does not normally include personal feeding or toileting services.
- A temporary impairment may qualify; the specific functional limitation still matters.
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We have sat on the tarmac for nearly three hours before a domestic departure. Must the plane return?Federal rule · specific setting
Federal rule · specific setting
For this situationA covered flight delayed on the tarmac before departure from a U.S. airport.
For covered departures at a U.S. airport, the airline generally must begin moving toward a place to deplane before three hours, or four hours for an international flight.
What to do next
- Record departure-gate closure and the announcements about the delay.
- Ask the crew when deplaning will be possible and identify urgent medical needs promptly.
- After the flight, send the timeline and flight number to the airline or DOT.
What could change this answer?
- For an arriving flight, the rule generally requires the opportunity to deplane before the limit.
- The rule applies to covered carriers and flights, not every small aircraft operation.
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The airline offers a voucher if I volunteer to give up my seat. What should I confirm first?Federal rule · specific setting
Federal rule · specific setting
For this situationAn airline seeking volunteers on an oversold flight.
You may negotiate a voluntary offer. Before agreeing, get the replacement travel arrangement, compensation and voucher restrictions clearly stated.
What to do next
- Ask whether the alternative seat is confirmed or only standby and when it arrives.
- Get the voucher value, expiration, blackout dates and any meals or hotel promise in writing.
- Accept only after reviewing those terms and keep the agreement and new itinerary.
What could change this answer?
- Airlines must disclose restrictions on offered travel benefits before you give up the seat.
- A higher advertised voucher value may be less useful than cash because of use restrictions.
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I qualify for involuntary bumping compensation. Must I take a voucher instead of money?Federal rule · specific setting
Federal rule · specific setting
For this situationA passenger entitled to compensation under federal oversales rules.
No. The airline must inform you of the cash or check compensation due and let you decline a travel benefit offered in its place.
What to do next
- Ask for the written denied-boarding notice and the monetary calculation.
- State whether you choose the monetary payment rather than the offered travel credit.
- Keep the airline’s response, replacement arrival time and payment confirmation.
What could change this answer?
- A travel benefit must have disclosed restrictions and qualifying value before you accept it instead.
- Compensation eligibility depends on check-in, flight coverage, delay and the reason you were denied boarding.
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My boarding pass was scanned and I was told to board. Can the airline remove me just because it oversold?Federal rule · specific setting
Federal rule · specific setting
For this situationA timely checked-in passenger accepted for boarding on a covered oversold flight.
Generally no, if you met the check-in deadline and the gate agent accepted your pass and permitted boarding. Oversales protections extend beyond simply finding your seat.
What to do next
- Keep your boarding pass and note when the agent scanned it and permitted boarding.
- Ask calmly for the reason for removal and the airline’s written explanation.
- Preserve witness details and submit the facts through the airline and DOT complaint channels.
What could change this answer?
- Health, safety, security or disruptive conduct can justify removal after acceptance.
- A seat or aircraft change may involve different remedies from an ordinary oversale.
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An airfare ad leaves government taxes out of the big displayed price. Is that allowed?Federal rule · specific setting
Federal rule · specific setting
For this situationAn airline or ticket agent advertising a price for covered air transportation.
DOT’s full-fare advertising rule requires the stated airfare to include applicable taxes, mandatory fees and carrier surcharges.
What to do next
- Save the advertisement and the later price breakdown.
- Identify charges everyone must pay separately from optional services you selected.
- Ask the seller to correct misleading pricing and send the screenshots with a DOT complaint.
What could change this answer?
- A seller may itemize included taxes, but the total must remain more prominent.
- A changing available fare is different from omitting mandatory charges from the same offered fare.
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The flight checkout preselected travel insurance and added a charge unless I unchecked it. Is that okay?Federal rule · specific setting
Federal rule · specific setting
For this situationAn optional service added while purchasing covered air transportation or an air-travel package.
No. Optional air-travel services must be affirmatively selected before their fees are added; the seller cannot rely on your failure to opt out.
What to do next
- Capture the checkout screen showing the preselected option and added price.
- Ask the seller to remove or refund an add-on you did not affirmatively select.
- Save the receipt and consent explanation and report a continuing opt-out sales practice to DOT.
What could change this answer?
- A clearly chosen bundled fare may legitimately include services in its package price.
- Separate insurance coverage and cancellation conditions still govern a policy you knowingly bought.
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I paid for my flight in full. Can the airline demand a new fuel surcharge to keep the reservation?Federal rule · specific setting
Federal rule · specific setting
For this situationA completed, fully paid ticket purchase with a later price-increase demand.
Generally no. Airlines and ticket agents cannot increase the price after you have paid the full agreed amount for the covered air transportation.
What to do next
- Save the paid receipt, confirmed itinerary and later surcharge demand.
- Ask the seller whether it claims a government-tax exception and request the prior consent record.
- Request removal of an unsupported increase and report it if unresolved.
What could change this answer?
- A deposit that did not pay the full agreed amount can involve different terms.
- Your voluntary itinerary change can legitimately produce a fare difference or disclosed change fee.
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Can I ask TSA to inspect my Native American religious items privately and handle them carefully?Federal rule · specific setting
Federal rule · specific setting
For this situationTSA screening of Native American religious items at a U.S. airport.
Yes. TSA guidance allows you to request private screening, a companion, and careful handling instructions for Native American religious items.
What to do next
- Pack items so they can be separated and explain handling concerns before inspection.
- Request private screening and tell the officer how the item should be held or placed.
- Ask for fresh gloves or a supervisor if needed and contact TSA Cares for advance assistance.
What could change this answer?
- Physical inspection may still be necessary to resolve a security concern.
- A request for special handling does not permit bringing an otherwise prohibited object aboard.
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My liquid medicine is in a bottle larger than 3.4 ounces. Must I throw it away at TSA?Federal rule · specific setting
Federal rule · specific setting
For this situationMedically necessary liquid carried through a U.S. TSA checkpoint.
Medically necessary liquids may exceed the standard 3.4-ounce limit in reasonable quantities, but you must declare them for screening.
What to do next
- Tell the officer about the medical liquid before your belongings are screened.
- Remove it for separate inspection and explain any handling concerns.
- Ask a supervisor or passenger-support specialist about a problem before abandoning needed medication.
What could change this answer?
- The ordinary quart-size toiletries bag requirement does not apply to these medical liquids.
- Foreign airport screening and destination medicine-import restrictions are separate from TSA rules.
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I am flying home with pumped breast milk but without my baby. Can it exceed the TSA liquid limit?Federal rule · specific setting
Federal rule · specific setting
For this situationBreast milk carried through a TSA checkpoint, including a trip without the child.
Yes. Breast milk and related cooling supplies qualify for TSA’s special screening rules even when the child is not traveling with you.
What to do next
- Separate the milk and cooling supplies from other carry-on belongings.
- Tell the officer at the start that you have breast milk exceeding 3.4 ounces.
- Explain if you do not want it opened or X-rayed and ask about the alternative screening procedure.
What could change this answer?
- Alternative screening may include additional checks of you and your belongings.
- Other countries’ airport-security rules can differ on the return journey.
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