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Michigan Consumer Law Questions & Answers
2 Answers | Asked in Consumer Law and Civil Rights for Michigan on
Q: In recording a video in public.What can I use and not use?

Im in the process of making a memorial video of my son who passed away in 2020.I will be filming the city where he lived and worked(outside of building only).I have obtained permission.One part of this is that I will be filming coming into the city where peoples cars are present as well as people... View More

Brent T. Geers
Brent T. Geers
answered on Oct 7, 2024

Your plan sounds okay. Generally, you may film anyone or anything in public. As long as you're not misrepresenting what you are capturing (e.g., implying that a business shown was involved when it was not; implying that a person walking down the street is a prostitute or drug dealer, ect.),... View More

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1 Answer | Asked in Consumer Law for Michigan on
Q: sued for my car loan. car was not repossessed but has a kill switch. it can not be started. what can I do with car?
Adam Alexander
Adam Alexander
answered on Aug 31, 2024

I don't know a lot about a kill switch, but I suspect it can be removed. I've had clients sued for not making car payments and the creditor doesn't even want the car. They just want the money. But I digress. Your only question is what to do with the car. I would need more... View More

1 Answer | Asked in Consumer Law and Contracts for Michigan on
Q: Rental agreement for bottle water being overchargedcharge a paper statement service fee for them to mail me a bill

So I signed up to receive water from a company. I can get one bottle for $7.75. And when they Finally sent me a bill, it was never an itemized bill.but l just recent I find they're charging me $8.75 per bottle.

Why the extra dollar did they use a bait an switch

On top of... View More

Brent T. Geers
Brent T. Geers
answered on Aug 9, 2024

Read those written agreements and terms of service carefully. Likely, what you are seeing is reflected in some terms you acknowledged agreement to. Nowadays, it is not uncommon for companies to charge a service fee to mail billing statements if you elect to have things sent by mail. Your remedy is... View More

1 Answer | Asked in Consumer Law for Michigan on
Q: Am I able to break a financing contract with a dealership if the car they sold me is having continuous problems?

I purchased it May 13th, however, I was told it wasn’t ready. It had to have a new radiator and tires put on. When I went to pick it up they lost the keys. I had to come back 2 days later to get the car. I drove it for less than a day and the engine light came on. And it was making a loud humming... View More

Brent T. Geers
Brent T. Geers
answered on Aug 9, 2024

Is this a new or used auto? If new, you should consider your options under the "lemon law". If used, you need to see about your warranty protections, if any.

Aside from those options, your financing has nothing to do with your car problems. The bank provided the loan to you for a...
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2 Answers | Asked in Consumer Law, Contracts, Environmental and Insurance Bad Faith for Michigan on
Q: I had a rental policy for insurance on my house and it was destroyed by a tornado. I need a lawyer I'm not getting any

May 7th 2024 tornado in Saint Joseph County Michigan I'm not getting help or anything from the insurance company except for excuses

Tim Akpinar
Tim Akpinar
answered on Jul 20, 2024

A claim involving the destruction of a house should receive prompt attention, in terms of investigation, damages assessment, alternative living arrangements, and other elements. You could reach out to attorneys who handle property damage losses involving insurance. Gather and organize your file... View More

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2 Answers | Asked in Consumer Law, Contracts, Environmental and Insurance Bad Faith for Michigan on
Q: I had a rental policy for insurance on my house and it was destroyed by a tornado. I need a lawyer I'm not getting any

May 7th 2024 tornado in Saint Joseph County Michigan I'm not getting help or anything from the insurance company except for excuses

Scott G. Wolfe Jr.
Scott G. Wolfe Jr.
answered on Jul 16, 2024

If you file your insurance claim, the insurance company has obligations -- mandated by the state -- to reply, and to be "on the clock" in processing your claim. Here are a few things to keep in mind.

First, you are dealing with a property insurance claim if this is related to...
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1 Answer | Asked in Consumer Law for Michigan on
Q: Can a driver use company provided transportation to carry out a personal vendetta?

I am a client at a physical therapy clinic. the driver and I used to be friends. He asked me to do something for him and I said I did not want to, The ask was not sexual in nature. Now he refuses to transport me in the company van which causes me to have to wait for transportation even if he is... View More

James L. Arrasmith
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answered on May 27, 2024

It is unacceptable for a driver to use company-provided transportation to carry out personal vendettas. If a driver is refusing to transport you for personal reasons, this is a form of discrimination and unprofessional behavior. You have the right to receive the transportation services you are... View More

1 Answer | Asked in Tax Law, Consumer Law and Employment 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

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..

James L. Arrasmith
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answered on Mar 21, 2024

If you've received an item from an auction that was listed as unused but arrived in a used and tampered condition, the first step is to document everything. Take clear photos of the item, focusing on the areas where there are missing screws and signs of tampering. Make sure to keep all the... View More

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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 and Banking for Michigan on
Q: Am I allowed to pay someone else’s bill with my bank account?

MSUFCU says I can’t pay my parent’s bill with my checking account unless the bill is under my name or I add them as an authorized user. What are my rights? Is this accurate? I have never heard of this.

James L. Arrasmith
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answered on Oct 11, 2024

You generally have the ability to pay someone else’s bills using your bank account. However, financial institutions like MSUFCU implement specific policies to ensure transactions are secure and authorized. Requiring the bill to be in your name or adding someone as an authorized user helps prevent... View More

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Business Law for Michigan on
Q: Are there lawyers that advise or represent small claim plaintiffs?

Car dealership not honoring warranty claim (parts and labor) written agreement.

Brent T. Geers
Brent T. Geers
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.

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