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Michigan Consumer Law Questions & Answers
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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1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Insurance Bad Faith for Michigan on
Q: What's the paper work that I need to file in court forcing HOA , doctors, facility or Insurance to perform their duty
Tim Akpinar
Tim Akpinar
answered on Aug 25, 2023

A Michigan attorney could answer best, but your question remains open for two weeks. It could depend on the context. In some cases, the paperwork can include legal filings to place a denied claim into suit if an insurance carrier will not pay a legitimate claim. But this is only a general... View More

1 Answer | Asked in Consumer Law for Michigan on
Q: I have a car that has broken down over 30 times in 6 months. Dealership says they can't fix it. What can I do?
Adam Alexander
Adam Alexander
answered on Aug 4, 2023

It you purchased the vehicle new, it may qualify for Michigan's Lemon Law.

If you purchased the vehicle used, but with either a warranty or service contract, you may have legal options.

If you purchased the vehicle "as-is", your legal options are limited or...
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1 Answer | Asked in Consumer Law and Small Claims for Michigan on
Q: I took my car to a repair place in Michigan and I was not given an estimate of the repairs needed until 180 days after

They did the repairs but I didn’t have a chance to tell them rather or not I wanted the extra work they did done now I have a high bill. I was going to apply for a loan but I wanted to see my car first they told me it wasn’t there but in their storage wherever that is, they also said they... View More

Adam Alexander
Adam Alexander
answered on Jun 27, 2023

If the "repair place" performed repairs that were not authorized by you, I suggest you file a complaint with the State of Michigan Attorney General. Michigan will investigate your complaint and contact the repair place.

1 Answer | Asked in Consumer Law and Contracts for Michigan on
Q: Can an LLC keep you from forwarding their emails to a credit card company to settle a chargeback dispute?

...

Adam Alexander
Adam Alexander
answered on Jun 22, 2023

You can be sued for anything, really. But based on your summary I wouldn't worry about getting sued. The plaintiff in any lawsuit is required to prove damages. I doubt this LLC has been harmed by what you've done, as explained. (I probably wouldn't have admitted to forwarding these... View More

1 Answer | Asked in Consumer Law and Criminal Law for Michigan on
Q: My cousin was convicted and sentenced to a minimum of 12 years in Michigan.

He has several student debt loans. He has never defaulted, but I believe has an IBR or IDR plan in place. Can something be done while he is incarcerated where the collection or reapplying for the IBR or IDR every year stops? Can the

interest stop until he is released?

Brent T. Geers
Brent T. Geers
answered on Jun 5, 2023

I do not believe there are provisions exclusive to incarcerated individuals. I think he'll need to contact his student loan servicing agency, or have someone do it on his behalf through a power of attorney form. I would think it's a matter of certifying each year that he has no income... View More

1 Answer | Asked in Consumer Law, Banking and Business Law for Michigan on
Q: Are there any licences/regulations required for personal finance websites w/affiliate links for loans, credit card, etc?

Curious about starting a website like Nerdwallet or Bankrate.com, where we write articles about financial products/services and have affiliate links to personal loan companies, credit cards, insurance, investments, loans, etc. We wouldn't provide any goods/services ourselves, but would just... View More

Michael Zamzow
Michael Zamzow
answered on Apr 7, 2023

This is not legal advice.

Perhaps. There certainly are regulations that personal finance websites must follow when selling or promoting financial investments and tools. You may consider investigating whether or not the website is required to disclose any material connections or financial...
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1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for Michigan on
Q: Vehicle under warranty needs new engine thats taking 9 months to fix. Company offering $60/day for rental but I pay fees

Vehicle went in for routine oil change to dealer. Was told I need a new engine. Dealer has no loaners. Car manufacturer customer service offered $60/day for rental but says I’m responsible for taxes and fees from the rental. For 9 month rental replacing a 6 passenger car costs $18k-$24k with... View More

Adam Alexander
Adam Alexander
answered on Mar 23, 2023

I suggest you contact an auto warranty lawyer to review your issue on more detail.

1 Answer | Asked in Consumer Law and Criminal Law for Michigan on
Q: Is it legal for someone who isnt an employee at a restaurant to open up someone elses bill and look at their receipt?
Brent T. Geers
Brent T. Geers
answered on Feb 26, 2023

Probably not illegal or unlawful, but certainly not good social graces. The question for you, though, is why care if someone else bothers to look as long as they're not doing so to steal your information.

1 Answer | Asked in Bankruptcy, Consumer Law and Foreclosure for Michigan on
Q: I owed SBA disaster loan of $24,000 and then in 2019 I did a chapter 7 due to financial problems, .

The sba loan was discharged, the problems is, everytime I try to refinance my house, they still block the refinance and demand the $24000 , and banks back away.

Is this legal what they are doing or illegal?

What can I do for them cease-and-desist?

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 13, 2023

The bankruptcy discharge prohibits a creditor from demanding payment of a discharged debt. However, it does not require a prospective lender to lend to you. Therefore, it is illegal for the creditor holding a discharged debt to try to enforce it against you, but legal for a bank to deny you a... View More

1 Answer | Asked in Consumer Law, Foreclosure and Real Estate Law for Michigan on
Q: Mortgage company wrongfully put balance on credit report.

My home went into foreclosure in 2020 and I sold it 2 weeks into the redemption. I got a 1099-s, discharge of mortgage from the vice president of the company and a closure of account. I also walked away with a check from the sale. I am being told that I have a $26,000 balance on my credit report... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 15, 2023

This is FAR more detailed and complicated than can be properly dealt with in a public forum like this.

At a minimum, your attorney will need to see all the written documents (like that 1099 and discharge of mortgage) and look at the documents recorded with the register of deeds....
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1 Answer | Asked in Consumer Law and Products Liability for Michigan on
Q: If someone over 21 orders and consumes an alcohol beverage at a restaurant, can a minor pay for the bill?

No minor in no way orders or consumes the beverage, but picks up the tab. IE a minor takes their parents out for dinner.

Dana B. Carron
Dana B. Carron
answered on Feb 13, 2023

Money is money. There would be no problem with the minor paying for the bill.

1 Answer | Asked in Consumer Law for Michigan on
Q: Paying 30,000 for a car I bought 2months and it’s not working, single mother and need answers please and help
Adam Alexander
Adam Alexander
answered on Feb 13, 2023

If you purchased your vehicle "as-is", you may not have a legal avenue to resolve the problems.

I suggest you file a complaint with the BBB and with the State of Michigan to see if they can provide you with some options. If you have a warranty, you should work with the seller or...
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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... View 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 for Michigan on
Q: My dad died. I have his car. He got several letters stating the car was paid off. Then they said it wasn't.Legal status?

If it's put in writing that it's paid off can I use that legally or do I have to still pay what they now say is owed ($1500)?

Brent T. Geers
Brent T. Geers
answered on Jan 19, 2023

No one can give a definite answer without seeing the writing and determining who it's from. The best place to start would be the secretary of state to see if their records show a lien on file.

1 Answer | Asked in Consumer Law and Lemon Law for Michigan on
Q: Is the owner of the dealership responsible for the seller's actions? If so, where could I find this law for court?

I recently bought a car from a used car dealership in MI that was greatly misrepresented. The seller was just a guy who the owner was allowing to sell cars out of his dealership, not an employee. After many issues, I sued the person and the dealership, and the seller has since fled the country. Is... View More

Brent T. Geers
Brent T. Geers
answered on Jan 17, 2023

Do you have a judgment against the seller? If you do, you may be precluded from now going after the dealer because generally you need to bring in everyone you can when you first file an action. If you don't have a judgment, you will need to somehow legally tie the dealer to the seller.

1 Answer | Asked in Consumer Law and Energy, Oil and Gas for Michigan on
Q: So my family got behind on our water bill payment. We are still receiving water bills even while it’s off. Is it Legal?
Brent T. Geers
Brent T. Geers
answered on Jan 3, 2023

The bills are presumably for the amount owed, which does not go away even when they shut the water off. In most cases, that amount owed becomes a lein on the property, which means it cannot be sold without being paid off.

1 Answer | Asked in Products Liability and Consumer Law for Michigan on
Q: Purchased a used vehicle 11/23/22, problems arose after further research about the vehicle history. Can I get a refund?

Seller said nothing wrong with vehicle. Said the trans was rebuilt and had a recent oil change. Upon further inspection AFTER the purchase, break lights don’t work, tailgate sticks/doesn’t stay up, battery needs to be replaced, needs O2 sensor, replace ABS control module, original VIN... View More

Brent T. Geers
Brent T. Geers
answered on Nov 28, 2022

Unlikely. Is this a private seller? This is a classic caveat emptor situation: until the point where money and title changed hands, you had the ability to investigate, and either negotiate for a lower price or walk away. Unless the seller warranted, guaranteed, or promised you something, I think... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Internet Law for Michigan on
Q: Need help with Personal & Venue Jurisdiction with multiple parties during online car deal purchase

Purchased car online. Started with Dealer 1, car was at Dealer 2, Dealer 3 also in it & Dealer 3 is parent company of 1&2. Dealer 1&3 live in 1 state, Dealer 2 in 1 state and myself in 1 state. Dealer's 1&3 have branches in many states including mine. Dealer 2 is on Retail... View More

Brent T. Geers
Brent T. Geers
answered on Nov 6, 2022

You really need to find a lawyer; this is far more complex than you think it is. And if you try doing this on your own, without a full knowledge of the court rules and applicable case law, you are going to find yourself the recipient of a summary disposition, meaning your case will be over before... View More

1 Answer | Asked in Banking and Consumer Law for Michigan on
Q: Is it illegal to dispute items that are accurate but negative on your credit to qualify for better credit terms?

Is it illegal to get negative items removed from credit and then use that updated credit report to apply for credit?

Brent T. Geers
Brent T. Geers
answered on Nov 4, 2022

Not necessarily illegal, and in fact that is or was a commonly-pushed strategy of credit repair shops. When you dispute an item, the credit bureau contacts the creditor for verification. If no verification is received timely, then the credit bureau is supposed to take it off your report. So the... View More

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