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answered on Oct 11, 2024
If you manually dial numbers from a randomly generated list, it typically does not qualify as using an autodialer under the TCPA. The key factor is whether technology is used to automate the dialing process. Since a person is actively involved in placing each call, it avoids the automated criteria... View More 
Car dealership not honoring warranty claim (parts and labor) written agreement.
answered on Sep 26, 2024
There are lawyers who may meet with you to advise you on whether and how to proceed with such claims. However, an attorney cannot represent you in the actual small claims proceeding.
We completed drywall repairs and painting for a 3000 plus sq ft home for a customer that amounted to over $9000.00 (materials included)
We also provided extra services outside of the scope of the estimate and did not charge the customer and we also had to move their personal items out of... View More
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answered on Sep 26, 2024
Small claims court in Michigan involves cases in which the amount in controversy is less than $7,000.00 so that is the maximum amount they could sue your business under the rules. There is no reason why you could not file a counter-lawsuit seeking damages for the additional services that you... View More
Because crane machines are legally considered amusement devices, I’m not sure if crane machine owners need to pay amusement tax or if they even need to obtain a sales tax license. I assume that taxes for sales made on each play of the machine would count as a service sales tax, but I am not sure.
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answered on Sep 15, 2024
In Michigan, crane machines, like other amusement devices, are subject to specific regulations regarding taxation. As an owner, you are generally not required to pay an amusement tax specifically for the operation of crane machines. However, any income generated from the use of these machines is... View More
The property is in Georgia and I reside in Michigan.
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answered on Sep 14, 2024
You do not need to start a business to collect rent on a residential property you own. As an individual, you can rent out your property and report the rental income on your personal tax return. However, there are some benefits to forming a business entity, like an LLC, for rental properties, such... View More
My name is still located on the loan and mortgage statement as the primary, but the house has been quit claim deeded to my LLC, sole member.
I'm also listed as additionally insured on the rental dwelling insurance. My main reason for transferring was to separate my personal assets... View More
answered on Aug 28, 2024
it sounds like you have taken a step towards limiting your liability for the operation of the rental property. There remains the possibility that you could be personally liable for accidents or other events associated with the rental property. This is one reason to have insurance.
Another... View More
If I understand correctly, since a legitimate survey isn't an advertisement, a firm isn't required to obtain prior consent. However, is the firm required to manually enter in phone numbers one-by-one, or can it input a list of numbers into software and have it send messages all at once?
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answered on Aug 31, 2024
Under the TCPA (Telephone Consumer Protection Act), sending a survey link via text message can be permissible without prior consent, provided the message isn't considered an advertisement or telemarketing. However, the method of sending those messages matters. If you're using automated... View More
Long story short I went thru kfc drive thru a was charged double. The manager slam the window in my face and said no refunds. I left a filed a complaint to kfc corporate. 3 weeks go by and I have 4 miss calls so I pick up the phone. It’s the girl who slam the window calling me from her personal... View More
answered on Aug 9, 2024
Certainly legal. KFC never expressed to you that the information you provided them as part of your complaint would be kept confidential. Is it the right thing to do? That's a different question that the law can't answer. If this employee now uses this information to harass or threaten... View More
My husband and a friend opened a food truck/restaurant. My husband had some medical issues and gave the friend POA to sign business documents for them as they were in the middle of trying to purchase a building. My husband left the company (day to day operations) but signed nothing giving away... View More
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answered on Aug 5, 2024
No, a business partner with a Power of Attorney (POA) cannot unilaterally sell or give away ownership rights without explicit consent from the other partner. The POA typically allows the partner to sign documents and make decisions on behalf of the business but does not grant the authority to alter... View More
Our client, a large US-based DoD supplier, who has access to our technology, and with whom we have a contract - whereby they pay us a fee if they sell any of their products with our technology inside - is publicly positioning our technology as if the IP belonged to them. This includes interviews on... View More
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answered on Aug 2, 2024
You likely have a strong basis to build a case against the DoD supplier. Misrepresenting intellectual property can be a breach of contract and potentially a violation of intellectual property laws. You should review your contract to identify any specific provisions related to the use and... View More
I was forced to transfer to a larger site with no pay increases at the beginning of May with one days notice. The staff at the site was calling me racially charged names and had gotten into altercations with each other that included guns. All these things were reported to my supervisor. Nothing was... View More
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answered on Jun 15, 2024
I'm sorry to hear about your experience. If your employer is claiming you voluntarily resigned when you did not, this could be a serious misrepresentation of your employment status. It's important to document all communications and incidents, including emails and reports you made to your... View More
Putting 26 CFR § 1.469-5T(f)(3) & IRS Pub. 925 aside:
My wife & I own 50/50 an LLC. I am the Member-Manager; my wife has no authority in the LLC, as stipulated in the Operating Agreement.
Consider: 26 CFR § 301.7701-3(b)(2)(ii): …A member has personal liability if... View More
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answered on May 25, 2024
Based on the information provided, it seems like you are trying to argue that your wife should be considered a limited partner (LP) in your Michigan LLC, despite owning a 50% interest, because she has no management authority and Michigan's common law system may protect her personal assets from... View More
"Your coupons have been updated online"
"View Download or save your offers".
" GET YOUR COUPONS" (click here)
But there is no coupon.
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answered on Apr 10, 2024
It is illegal to send deceptive emails claiming there are coupons or discounts available when in fact none are provided. This would likely be considered false or misleading advertising.
In the United States, the CAN-SPAM Act prohibits the use of deceptive subject lines, from names, reply-to... View More
State regulatory agency failed to inform complainant of status of complaint, denies any duty to inform law enforcement in perjury and or criminal activity of licensee (funeral director & informant) Funeral director failed to notify next of kin & get authorization, refused to give next of... View More
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answered on Apr 4, 2024
Based on the information provided, it seems there may be potential violations of Michigan law 750.478, which states:
"When any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every willful neglect to perform such... View More
Does a Michigan LMSW-C interested in forming a private practice that offers multispeciality services (i.e. lactation, training, consultation) need a LLC or PLLC?
answered on Mar 18, 2024
If the LLC Is going to offer services for which a license is required, it must be a PLLC. MCL 450.9201, 9202.
My dte bill accumulated to about 8800 dollars over the year, and I haven't been able to make a payment arrangement with dte because they have made unrealistic demands in the past for me to make 50 percent down as a payment into a payment plan. Now my power has been cut and they will not... View More
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answered on Mar 6, 2024
Facing a large utility bill without a feasible way to pay can be incredibly stressful, especially when the service is essential, like electricity. Utility companies do have the right to require payment for services rendered and can disconnect services for non-payment. However, they are often also... View More
(b) A nonprofit organization formally designated by the state to carry out activities under subtitle C of the developmental disabilities assistance and bill of rights act of 2000, Public Law 106-402, and the protection and advocacy for individuals with mental illness act, Public Law 99-319, or... View More
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answered on Jan 27, 2024
In the context of the Freedom of Information Act (FOIA) and the specific excerpt you're referring to, the term "successor" generally relates to an entity or organization that takes over the roles or functions of another, rather than an individual heir in the traditional sense of... View More
My first FOIA request was denied. Two years later my second FOIA request was approved 12-5-23 once I included I have a constitutional right to receive the information, however she said I had to pick it up. 1-9-24 I inquired why I haven't been contacted to pick it up, I was told that it was... View More
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answered on Jan 15, 2024
In your situation, where a FOIA (Freedom of Information Act) request was approved but the documents haven't been delivered as promised, you have several options to consider.
First, it's advisable to contact the agency that approved your request to inquire about the delay. Ask for... View More
I live in Cedar Springs, Michigan. I am a traveling coin and bullion dealer and am a registered LLC and would like to buy scrap gold and silver from the public. My registered business address is my home and I would be buying from the public (using cash) outisde of my home. Am I required to obtain a... View More
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answered on Nov 23, 2023
Under the Michigan Precious Metal and Gem Dealer Act, businesses engaged in buying precious metals and gems from the public are generally required to obtain a certificate of registration. This requirement applies irrespective of the business structure, be it an LLC, a corporation, or any other... View More
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