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Michigan Consumer Law Questions & Answers
1 Answer | Asked in Tax Law and Consumer Law for Michigan on
Q: Do plan administrators of flexible spending accounts have a fiduciary duty to provide advance notice of forfeitures?

If unclaimed funds remain in an FSA as the use-it-or-lose-it deadline for claim submission approaches, would a plan administrator’s failure to provide timely warning of imminent forfeiture constitute fiduciary negligence?

James L. Arrasmith
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answered on Apr 17, 2024

The question of whether flexible spending account (FSA) plan administrators have a fiduciary duty to provide advance notice to participants about potential forfeitures of unused funds is a complex one that doesn't have a definitive answer. Here are a few key considerations:

Fiduciary...
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1 Answer | Asked in Consumer Law and Identity Theft for Michigan on
Q: My identity was stolen and someone used my info to open a credit card account with chase bank in October of last year.

Today I get an email from att that says that att has determined some of my information was compromised.

Can I sue att for not having the right tools to guard my personal info?

Matthew McKenna
Matthew McKenna
answered on Apr 16, 2024

Contact a consumer protection attorney that will offer a free consultation. Happy to talk.

You’ll want to dispute the account with Chase, as well as with any credit reporting agency that is reporting that account on your credit report. You should be able to pull your Experian, Equifax...
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1 Answer | Asked in Consumer Law for Michigan on
Q: Home windows put in by big company. Solid contract for them. Faulty job - not insulated +, Contract or Consumer lawyer?

7 months later windows shoe molding removed shows we have little, no, or gapping insulation and caulking (places visible spaces to the outside). We froze all winter, had wind, ice and snow come in. We started a file with company the day of installation - poor workmanship (missing screws holding... View More

James L. Arrasmith
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answered on Apr 10, 2024

Based on the details provided, it seems that you have a strong case against the window installation company for poor workmanship, failure to properly insulate and seal the windows, and potentially fraudulent behavior (not paying for the permit as agreed upon). Given the severity of the issues and... View More

0 Answers | Asked in Consumer Law, Business Law, Gov & Administrative Law and Small Claims for Michigan on
Q: What is my recourse when a mechanic returns a truck in worse condition then fails to rectify concern or admit liability?

We brought our truck to a mechanic shop for a very slow transmission leak/seep. No issues with performance we wanted to get it fixed before it was a bigger problem. Shop inspected and determined a torque converter seal was the cause. They performed a 13 labor hour job to replace the seal and... View More

0 Answers | Asked in Consumer Law for Michigan on
Q: Can a seller require additional money before delivery of a kitten(goods) not disclosed in the original agreement?

Ive paid $100 holding fee. $50 was expected upon delivery 2 days later. However the next day i was informed i must pay another $120 for vaccinations before she will deliver the kitten. The kittens were advertised online $150 and fully up to date on shots.

1 Answer | Asked in Consumer Law for Michigan on
Q: I bought a Motorcycle online and it was advertised on line as a higher end model than what it was actually.

Bluebook difference was about $700 difference. I didnt realize it until about 6 months later. I still have 2 screen shots of the advertisement. I called and complained in 2020 but didn't hear anything back after talking to a supervisor telling him i was not making any more payments until this... View More

Brent T. Geers
Brent T. Geers
answered on Mar 26, 2024

Consider talking with a consumer rights attorney who can advise you on what remedies may be available through Michigan's consumer protection act. I suspect though that once you accepted delivery of this motorcycle, and had it for at least 6 months before noticing anything, it may be difficult... View More

2 Answers | Asked in Consumer Law, Admiralty / Maritime, Communications Law and Federal Crimes for Michigan on
Q: Bought an item from auction clearly stating unused and when I got it it has missing screws and been tampered with..

Item doesn't charge and clearly been used and tampered with..

Tim Akpinar
Tim Akpinar
answered on Mar 19, 2024

The admiralty/maritime connection (one of the chosen categories) isn't fully clear here, unless this involves a vessel. Otherwise, it could be a basic matter of breach of contract, depending on sales agreement and auction platform's terms of service. Before involving attorneys, it could... View More

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1 Answer | Asked in Consumer Law and Internet Law for Michigan on
Q: In Michigan, is it illegal to knowingly purchase a counterfeit good (Ex. Shoes, Clothing, etc.) for personal use only?

Personal use only. No selling.

James L. Arrasmith
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answered on Mar 11, 2024

In Michigan, knowingly purchasing counterfeit goods, even for personal use, is illegal under state law. Michigan has specific laws addressing counterfeit trademarks and theft of service.

According to Michigan Compiled Laws section 750.263, a person shall not knowingly purchase or acquire...
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1 Answer | Asked in Consumer Law, Business Law, Civil Rights and Municipal Law for Michigan on
Q: My dte bill accumulated to about 8800 dollars over the year, and I haven't been able to make a payment arrangement with

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

James L. Arrasmith
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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

1 Answer | Asked in Consumer Law and Probate for Michigan on
Q: michigan. my mom is only one on car title. she died dec 2022. it's bequethed to me in will. no probate. everything joint

ly owned except car. i'm executor/personal rep of will. i've been driving it and paying the car loan and ins monthly since dec 2022. tabs are now expired. everything still in her name. lien on car. can't transfer title, not enough $$ for pay off. neighbor says i can register the car,... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 1, 2024

Well -- you COULD lie and claim to be your deceased mother, and renew the plates, but then you have to also lie to the insurance company and risk getting caught in insurance fraud .... etc. I'd suggest that isn't such a good idea.

Can you get new tabs for the car without...
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1 Answer | Asked in Small Claims and Consumer Law for Michigan on
Q: I bought product from a store.when I went to pick it up they refused me.wanted to give me a refund. I need the product

I bought supplies from Lowes. Came back with a truck to pick it up. they refused me and offered a refund. They had previously sold it to someone else. I have a receipt for the supplies. I don't want the refund I need the supplies I paid for.

T. Augustus Claus
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answered on Jan 12, 2024

Your rights in this situation could depend on various factors, including the terms and conditions of the purchase, any agreements made at the time of the transaction, and applicable consumer protection laws in Michigan.

In general, sellers are expected to fulfill their contractual...
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1 Answer | Asked in Consumer Law for Michigan on
Q: I was a previous policy holder with Lutheran Mutual Life Insurance Company. I made monthly automatic withdrawal payments

I’m curious about the possibility of a cash value for the policy. The policy payments were made per automatic monthly withdrawals from my bank account. The time frame of these payments was in the 1970’s. I’m curious as to possibly cash value resulting from the policy payments made.

James L. Arrasmith
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answered on Dec 27, 2023

To determine if your policy with Lutheran Mutual Life Insurance Company has a cash value, the first step is to gather all relevant documentation related to your insurance policy. This includes any policy statements, receipts, or records of payments made during the 1970s. These documents are crucial... View More

1 Answer | Asked in Consumer Law, Identity Theft, Criminal Law and Libel & Slander for Michigan on
Q: When a debt collector uses a state actor to collect a debt over 6 years old what are they not allowed to do?

The entire transaction was uninformed, no reading or understanding of what was being signed, the resident lured to residential office under false pretenses. The resident was refused copies of what was signed only told it was court documents and therefore can't get a copy of what was signed.... View More

Adam Alexander
Adam Alexander
answered on Dec 2, 2023

I suggest you provide some detail so that a lawyer will have necessary information to help you.

What goods/services did you contract for? Who was the seller/provider of services? What date? Who is the debt collector? How much is the alleged debt? Why are you not responsible for the debt?...
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1 Answer | Asked in Consumer Law, Banking, Civil Litigation and Identity Theft for Michigan on
Q: Is there a deadline/time limit to file a lawsuit?

Someone hacked my Bank of America account and fraudulently transferred $9,800 from my checking account to Mercedes Benz Financial Services in Illinois. Also, the hacker did a balance transfer using my Bank of America credit card for $5,200 at the same time, IP address, city and state. I contacted... View More

Nico E. Banks
Nico E. Banks
answered on Nov 14, 2023

Yes, there is a time limit to file a lawsuit. The exact time limit will depend on what causes of action you state (e.g., which consumer protection laws you invoke). It would be rare for the time limit to be less than a year, but acting sooner is always better.

1 Answer | Asked in Consumer Law for Michigan on
Q: I purchased a lost item from an auction. The original owner is still attached. The item is worth $200.00. Will I go to j
Nico E. Banks
Nico E. Banks
answered on Nov 14, 2023

Your question is cut off, but it seems like you are probably asking whether there could be criminal penalties for keeping a lost item that you purchased. The answer is, it depends. The most important factor may be whether you knew at the time you purchased the item that it belonged to someone other... View More

1 Answer | Asked in Consumer Law and Small Claims for Michigan on
Q: What can I do about Dealership fraud

I purchased a used car for a small used dealership.it was listed as a2010 with 145k miles. I purchased and didn't read the paper work. It's really a 2007 with 195k miles. They changed the mileage babe. He only refunded me $400. What should I do.

T. Augustus Claus
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answered on Nov 1, 2023

You may sue the dealership in small claims court for fraud. In Michigan, small claims court can hear cases involving up to $6,500.

In your complaint, you must allege that the dealership defrauded you by selling you a car with a different mileage than the one listed on the odometer. You will...
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1 Answer | Asked in Consumer Law and Small Claims for Michigan on
Q: what remedy for small claims plaintiff in Michigan, the judge has not yet opined, it's been 90 days

Plaintiff submitted ample documentation of claim including photos, written estimates, etc...against defendenat who was licensed builder. Defendant submitted obvious false receipts from day job as ServPro Project Manager to retain over $4K

Brent T. Geers
Brent T. Geers
answered on Sep 29, 2023

Have you had a hearing yet? That's when decisions are made.

1 Answer | Asked in Insurance Bad Faith, Consumer Law, Banking and Insurance Defense for Michigan on
Q: Can my lending bank add insurance cost to my account for retroactive insurance?

I purchased a used truck in May 2023. As usual, I called the insurance company to add it to my policy on May 17, 2023, the date I purchased the truck. A couple months later, I received a letter from my bank stating that since they didn't receive documentation of insurance on my truck, that... View More

Tim Akpinar
Tim Akpinar
answered on Oct 17, 2023

A Michigan attorney could advise best, but your question remains open for three weeks. It isn't fully clear what caused the misunderstanding here - a local attorney could probably sort out better after reviewing the file in detail. But a financial institution can require insurance. Good luck

1 Answer | Asked in Contracts and Consumer Law for Michigan on
Q: I signed a solar/battery install contract. The system is incomplete and doesn't function as agreed. What are my options?

Hello everyone. I worked at and purchased a solar panel system from a solar installer in Michigan. There is a panel that is not functioning and I have had no help from the installation company for literally 87days. The battery was to be installed in 2022 when available. The battery is still not... View More

John Michael Frick
John Michael Frick
answered on Sep 6, 2023

You will need to sue the solar installer for breach of contract. In most instances, the finance company is not responsible for the solar system not working. All it did was provide money pursuant to a loan. The company that sold you the system, and the manufacturer of the system, are legally... View More

2 Answers | Asked in Bankruptcy, Consumer Law, Banking and Collections for Michigan on
Q: What type of lawyer do I need for my issue?

So the situation is I have a credit card that I got behind on and was being bombarded with 2-3 calls a day on average totaling way more than the reasonable amount allowed. Everytime I would try and awnser to request they stop I would get dead air then disconnected leading me to believe they are... View More

James L. Arrasmith
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answered on Sep 8, 2023

You may consider reaching out to an attorney who focuses on consumer rights or consumer protection law to handle this matter. They can assist in assessing whether the collection practices violate the Rosenthal Fair Debt Collection Practices Act or the Telephone Consumer Protection Act, and help you... View More

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