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Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Business Formation for Michigan on
Q: does a foreign llc in michigan with certificate of authority for xyz llc. need dba if using another name

Specifically, MICHIGAN LIMITED LIABILITY COMPANY ACT (EXCERPT)

Act 23 of 1993, requires the following.

Sec. 206. (1) A domestic or foreign limited liability company may transact business under an assumed name or names other than its name as set forth in its articles of organization... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 28, 2023

According to the sections you cited, yes, which is consistent with the statutory scheme.

1 Answer | Asked in Consumer Law, Lemon Law and Libel & Slander for Texas on
Q: My dealer sold me a lemon. Is it legal to drive my car with painted messages on my doors "parkplace sold me this lemon"?

Have tried to resolve amicably. Car in shop 26 days out of the 45 I have owned it. Since it was purchased with 1000 miles CPO "as is" it does not qualify for buyback according to MBUSA.

I spent 130k and car does not drive nice. So while I prepare a lawsuit, want to paint on car,... Read more »

John Michael Frick
John Michael Frick
answered on Jan 28, 2023

Since a car can only be a “lemon” if it was purchased new, you could be sued for business disparagement if your sign deters a prospective customer from purchasing a car from the dealership.

Most used cars are sold as-is, meaning the buyer is not relying on anything the seller may have...
Read more »

Q: I found evidence that my granddad is the 1st patent holder ,inventer of the tubless tire ..what do i do to file law suit
John Michael Frick
John Michael Frick
answered on Jan 28, 2023

I infer from your question that you want to sue manufacturers of tubeless tires claiming that you rightfully inherited your grandfather’s patent.

If so, you should consult a patent litigation attorney regarding your rights in this regard. Such an attorney may also go by the rubric...
Read more »

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1 Answer | Asked in Consumer Law for California on
Q: I have a Sleep Number be which has been broken for over a year. "Parts are backordered" Is there a law about reasonable

time to repair? Any code to force them to repair or replace within a certain amount of time?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 27, 2023

If there is a warranty the lemon law should cover it.

0 Answers | Asked in Consumer Law, Criminal Law, Lemon Law and Small Claims for Indiana on
Q: Can you be charged with theft if the person received their items back?

I was at work as a CNA I was told to take care of this one patient in particular because her daughter comes in complaining all the time where as another patient needed more care so I took care of the patient with the complaints and did the rest of my patients at some point I had to pick up a phone... Read more »

0 Answers | Asked in Consumer Law on
Q: Is it legal to have a solar company in your backyard in Manila, Ca Next to neigbor's who try to sleep at night.

These people put in a gravel driveway, so they won't get stuck in the sand. Put in storge cantainers to store their stuff in. they work out there at all hoursof the day and night. They come sometimes in the middle of the night to pick stuff up or drop stuff off.

1 Answer | Asked in Small Claims, Consumer Law and Collections for Massachusetts on
Q: are cases filed in Small Claims Court by Debt Collectors subjected to Massachusetts Rule of Civil Procedure 8.1 require

a detailed affidavit providing 1.

specific information about the debt, like the name of the original creditor, the name of the current debt owner, the date of the last payment, and the chain of ownership from the creditor to the current owner of the debt....

file an affidavit... Read more »

Christopher Tolley
Christopher Tolley
answered on Jan 26, 2023

I know of nothing in the rule addressing this specifically, but the references to complaint, clerk, district court, etc. lead me to believe Rule 8.1 does not apply to small claims. Also, small claims rule 2(b) contains its own verification of debt requirements for assigned debt.

0 Answers | Asked in Consumer Law and Contracts for Virginia on
Q: Is it considered a threat to send an email notifying that I will take legal action against a company?

I have had several problems with a contractor who performed work at our business. After several emails and calls we have not had any response from him.

0 Answers | Asked in Consumer Law and Small Claims for Arkansas on
Q: On 03-24-2021 I paid a company to remove a raccoon from my attic. I also paid $120.00 for a years warranty can I sue.

I notified them three days before the guarantee was no longer valid. I received an email from them stating they would try to come out before the contract was up. They never showed up.

2 Answers | Asked in Consumer Law for California on
Q: Is a law firm that represents you obligated to show you how your funds from your settlement were dispersed?

My lawsuit settled in August 2021 the law firm that represented me only give me half of my settlement and said that Medicare was owed the other half. But never showed me proof of this and I've been asking since for some sort of proof that Medicare stepped in and took half the funds. Is there... Read more »

William John Light
William John Light
answered on Jan 25, 2023

The attorney is supposed to account for all funds and report to you.

California Rule of Professional Conduct 1.15 (calbar.ca.gov/Portals/0/documents/rules/Rule_1.15.pdf):

"(d) A lawyer shall:

(1) absent good cause, notify a client or other person* no later than 14...
Read more »

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0 Answers | Asked in Civil Litigation, Contracts and Consumer Law for Illinois on
Q: I purchased a vehicle from a Nissan dealership, which failed to deliver me a copy of the sales contract.

I live in Illinois and had the vehicle delivered from Wisconsin. All the paperwork was done with a sales rep online via digital delivery. I have reached out to them on multiple occasions to send a copy of the contract and have never gotten one. One day after the attempts to receive the copy of the... Read more »

0 Answers | Asked in Consumer Law, Employment Law, Civil Litigation and Employment Discrimination for Ohio on
Q: Does the NO FEAR ACT stop the statue of limitations on a previous EEO that was not followed through on all the condition

I was to be placed at another facility after being attacked by another employee but was slow rolled then Covid 19 hit..I was finally placed but my seniority date was to stay the same..it’s not so I am scheduled for a EEO hearing in February and need to know what case law I can stand on..... Read more »

1 Answer | Asked in Consumer Law and Criminal Law for Tennessee on
Q: Is it legal in TN to carry or own a handgun that has the serial number removed?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 25, 2023

That is a Federal Crime.

0 Answers | Asked in Consumer Law for Indiana on
Q: Can I sue a user car dealership for selling me a car that was in a collision before selling it to me and never told me?

It was 4 years ago but it broken down a month after purchasing it. They are continuing to do the same to others and nothing is happening. I did make a complaint to the attorney general at the time. After looking at carfax I also feel that someone rolled odometer back . Not sure if it was car... Read more »

1 Answer | Asked in Consumer Law for Virginia on
Q: We took our rv in for repair last fall. Guy kept saying backed up/ needed more time etc. He is now avoiding us.

We originally paid to store the RV but the owner also does repairs so we went ahead and had him do our external repairs. Was given a quote we agreed to. Maintained contact with him and when he was ready to start our repair he would not take a credit card over the phone so I requested he send me... Read more »

Steven Krieger
Steven Krieger
answered on Jan 25, 2023

At this point, I think you have to send a letter through a law firm or file a lawsuit. Hopefully, the RV is still at the property, but you really have no way of knowing (unless you can see it through the gate). I'm sure anyone who responds would be happy to help if you decide to retain a firm.... Read more »

1 Answer | Asked in Consumer Law and Criminal Law for Kentucky on
Q: How do I get a vehicle transferred that I purchased and paid in full when the party refuses to complete the transfer?

I paid in full $6000 over a year ago for the vehicle and still can not get a title in my name. After going to the county clerk where the vehicle was purchased I find out it is not even in the person's name that took my money, he is also an attorney. I have ask the county attorney and the... Read more »

Timothy Denison
Timothy Denison
answered on Jan 25, 2023

Take a criminal complaint against the seller for failing to register the transfer.

0 Answers | Asked in Consumer Law and Business Law for Massachusetts on
Q: Can I sue an online business in my state?

Here are the terms and conditions from their website:

Any dispute relating in any way to your visit to this website or to products you purchase through us shall be submitted to confidential arbitration in Salt Lake City, Utah, except that, to the extent you have in any manner violated or... Read more »

0 Answers | Asked in Consumer Law, Real Estate Law and Civil Litigation for Massachusetts on
Q: Left belongings in storage unit and everything was thrown away with no warning.

A friend offered to have me store stuff in his unit for no cost as a favor. With no warning, he threw away all of that stuff after 5-7 years. He never notified me that he would be throwing stuff away and it wasnt until i asked if i could come pick it up that he told me he discarded it years ago.

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