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Michigan Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Animal / Dog Law for Michigan on
Q: Dog breeder sold us an akc certified dog with a terminal genetic defect can we take to small claims?

Puppy is only 3 months old, verified by two veterinarians it’s genetic (renal dysplasia) life expectancy is 1 year. The dog breeder is denying it saying it isn’t possible

Michael Zamzow
Michael Zamzow answered on Feb 25, 2021

From a practical standpoint, you might try working it out with the breeder. From a legal standpoint you can likley sue in small claims and at least be heard, that is the purpose of small claims, the result of the hearing may or may not be better.

It might be helpful to know.Pets have long...
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1 Answer | Asked in Civil Rights, Consumer Law and Identity Theft for Michigan on
Q: My account was hacked then banned and the company who runs the service refuses to help, should I seek legal action?

I am not sure if i should get in contact with a lawyer about this issue due to not knowing if legal compensation is possible but i want to exhaust all my options. in short I have an account with the company Activison-blizzard (the people behind games like Call of Duty) this account was compromised... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 11, 2021

What damages have you suffered? Has someone used this data against you? Has someone stolen money? Without actual damages, it's going to be tough finding a lawyer to do much more. I'm not sure how you'd be able to show them being complicit in data theft, let alone fraud, if the breach... Read more »

1 Answer | Asked in Consumer Law, Products Liability and Small Claims for Michigan on
Q: Can I create custom AUDI emblems/badges out of gold/silver for my own vehicle and or to make as a product for retail?

Im an AUDI enthusiast and also a custom jewelry designer and fabricator with a small LLC. Ive wanted to replace the metal AUDI symbol and vehicle badges (S4) that are in various locations on the vehicle with identical replicas in diamond encrusted gold/silver, but understand there are probably many... Read more »

Trent Harris
Trent Harris answered on Jan 11, 2021

You can do it for yourself on your own vehicle, but you wouldn't be able to offer them for sale to others due to trademark issues. If you were to sell them at retail, you would need to obtain a license from Audi, otherwise you could be sued for trademark infringement.

1 Answer | Asked in Consumer Law and Collections for Michigan on
Q: Are there any lawyers in the southeast Michigan area that specialize in FDCPA?

I see several on here, but i can't seem to get one to return my phone calls or email. If you specialize in going after debt collectors for violating the FDCPA or know of one located in that area, can you please leave a working phone or email i can reach them or you by? I would greatly appreciate it.

David Soble
David Soble answered on Jan 10, 2021

Probably the best thing to do is to contact the lawyer's office and request a set calendar time to speak with the attorney. This way you won't be frustrated with 'phone tag."

Good luck. www.ProvenResource.com

1 Answer | Asked in Consumer Law and Collections for Michigan on
Q: Is it safe to pay a debt collector in full?

This is the second debt collector I'm dealing with. The first debt collector i was dealing with couldn't provide all of the information i requested in my validation request letter, so they passed it to another debt collector. People keep telling me that paying a debt collector is a very... Read more »

Adam Alexander
Adam Alexander answered on Jan 6, 2021

You are right to be wary. Some lawyers will give you a free consultation and review these validation letters and responses to see if you have a potential legal action. If your goal is to pay the debt and not be hounded by additional debt collectors I would advise you to consult with a FDCPA lawyer... Read more »

2 Answers | Asked in Consumer Law and Collections for Michigan on
Q: I've been contacted by a law firm to collect a debt i was unaware of until another debt collector threatened to sue me??

I never received a bill from the original creditor. The first letter i got from the debt collector was them threatening to sue me, so i sent 2 letters requesting validation. The first time, they didn't provide all of the information i asked for. The second time, they didn't respond and i... Read more »

Trent Harris
Trent Harris answered on Jan 4, 2021

You could call the law firms for both debt collections, and ask them who the original creditor and the original account number was for each. You could also send them a letter asking the same questions. Keep in mind that when you talk to them on the phone, they will be recording the phone call. You... Read more »

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2 Answers | Asked in Banking, Consumer Law, Contracts and Real Estate Law for Michigan on
Q: Real estate question. Hello all. Can I sue my mortgage lender?

I was buying a house and closer decided to end the deal due to lender not meeting closing date. I know meeting closing date is not guaranteed but every time I try to contact them they never called back. When I was finally able to contact them (two day before my closing date) they said they needed... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 26, 2020

Are you using a Realtor? That person is probably the first person you should (or should have been) in contact with. Generally, since the mortgage lender is not a part of the contract you made with the seller, it would be hard to assign liability to them.

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1 Answer | Asked in Libel & Slander and Consumer Law for Michigan on
Q: Is there recourse when I am asked to leave an establishment, when falsely accused of making a female server uncomfortab

I have lived in a small Detroit suburb for 20 years and recently a female server, at a bar I was dining, informed her manager and staff that I made her feel uncomfortable. I was asked to leave by another staff member. So I asked for the night manager whom reaffirmed the servers opinion and asked... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 6, 2020

If you want to prevent this from becoming a bigger and more known issue, the best thing you could do is let it be and not go back to this establishment. It doesn't matter what other business owners say about you; what matters is that a server, her manager(s), and the owner of this... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Consumer Law for Michigan on
Q: Can I sue this company under what tort?

I had a verbal agreement (recorded) with a pest control company to remove a wasp nest with ONLY a non residual contact aerosol pesticide which would be used to kill the wasps quickly in their nest then the nest would be put in a bag and pulled down. I was assured that the chemical used would not... Read more »

Adam Alexander
Adam Alexander answered on Sep 1, 2020

You want to know if you have a meritorious case. A lawyer will require a lot more information to answer this question. The biggest problem with your potential case is the verbal contract. Your recording may or may not be admissible in court based on multiple factors. If it's not admissible,... Read more »

1 Answer | Asked in Consumer Law, Products Liability, Environmental and Landlord - Tenant for Michigan on
Q: I stayed in a hotel for 118 days this year that was shut down by the fire marshal because they didn’t replace a panel

Saying it would just be a couple days all they had to do was replace a panel they forgot to but when the fire marshal returned when the panel was replaced he did a fuller inspection and found the dryer was so full of lint it was actually all the way up in the ceiling going about 40 feet back. This... Read more »

Trent Harris
Trent Harris answered on Aug 28, 2020

Dear Davisburg,

Your question references a condition at the property which could've, but in actuality did not adversely affect you. In the eyes of the law, you lack standing to sue, because you have not suffered a particularized injury traceable to the hotel's conduct. Sure, you...
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1 Answer | Asked in Consumer Law for Michigan on
Q: Are we obligated to pay an invoice that is twice an estimate for work done?

Got some landscaping done, before work started requested and got a written estimate. Based on that we agreed to proceed. Work was done. Then we got an invoice for $3400. Twice the estimate. At no time during the work being done, which was over a few weeks, did we get any communication that the work... Read more »

Adam Alexander
Adam Alexander answered on Aug 26, 2020

Assuming there was no language in the contract regarding the estimate (e.g. "this is just an estimate, you agree to pay for all work performed"), you seem to be correct. I would have to review all documents to provide you with a definitive opinion.

1 Answer | Asked in Consumer Law and Small Claims for Michigan on
Q: Can someone help me with a consumer purchased garage door issue?

Purchased the Door on 7/20/2020. The door arrived at the box store for pickup on 8/10/2020. I picked it up a day or so afterwards. After it was unloaded in my garage. I inventoried the track kit contents to verify it had what it need before I began assembly. I noticed that the struts both had been... Read more »

Adam Savett
Adam Savett answered on Aug 26, 2020

I understand your frustration - I have been waiting for a warranty replacement for a consumer product for well over 8 weeks at this point.

I don't think you need a lawyer here, at least not based on the facts as you've outlined them.

Call / email / chat through the website...
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1 Answer | Asked in Consumer Law and Small Claims for Michigan on
Q: In the state of Michigan my vehicle was towed in a tow zone. I told them to drop vehicle before fully hooking up

They refused. They didn’t offer me a tow ticket or a fee schedule. Is this legal ?

Trent Harris
Trent Harris answered on Aug 17, 2020

Was your car parked in a tow zone? Was a tow truck called? Did the tow truck arrive and begin hooking up the vehicle before you came back to object? If so, this sounds legal. The harm was already done (breaking the law by parking in the tow zone). There is no legal loophole that says "but if I... Read more »

1 Answer | Asked in Consumer Law for Michigan on
Q: I currently have a summons form the court in Kalamazoo concerning a debt, need to know what lawyer category to search in

More legal work is needed concerning the seller of vehicle and the warranty company covering engine repairs so any further help in these area would be appreciated.

thank you

Trent Harris
Trent Harris answered on Jul 24, 2020

You could try looking for an attorney who does collection defense, or bankruptcy.

1 Answer | Asked in Consumer Law for Michigan on
Q: can a loan from a credit union be forgiven for a nonrunning vehicle under a vehicle reclamation

vehicle #1 purchased from a credit union breaks down with no warranty cost of repair is high a car dealership gets you a loan from another credit union and says the first loan can be forgiven under a vehicle reclamation.

Trent Harris
Trent Harris answered on Jul 13, 2020

No, not unless credit union #1 agrees to forgive the first loan, but that would be very unusual. Most credit unions won't forgive debt unless they're paid.

For further information, consult with a qualified bankruptcy attorney in your area.

1 Answer | Asked in Consumer Law and Business Law for Michigan on
Q: I have renters who have not paid rent for 2 months can I evict them yet due to Covid 19?

They don’t think I can evict them and they have said they have no intention to move or pay rent I would evict them but I don’t think I can right now

Brent T. Geers
Brent T. Geers answered on Jul 1, 2020

They (and you) are right. The moratorium on evictions is extended (currently) until July 15.

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Real Estate Law for Michigan on
Q: How do I form a sole member nonprofit tenant association

Yes, I do. I need help with the formation process and filing for federal grants

Kenneth V Zichi
Kenneth V Zichi answered on Jun 22, 2020

For a condo? For HUD housing? For some other purpose? It matters to be specific, but the specifics are not necessarily appropriate in a venue like this that is open to the public.

"Sole Member" non-profits are tricky, and trying to form one without the guidance and help of a local...
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1 Answer | Asked in Consumer Law for Michigan on
Q: I have consumed meat with tapeworms from a major retailer, I am now seeking medical help, is compensation a possibility

I have pictures, email communication from retailer, and doct appointment for 6/22/2020

Adam Alexander
Adam Alexander answered on Jun 22, 2020

You may be entitled to compensation, depending on the severity of your symptoms, the identity of the retailer and several other factors. I suggest you contact a lawyer directly to review your photos, communications and other evidence.

1 Answer | Asked in Consumer Law for Michigan on
Q: Hello, I have used Google's Incognito browser often in the past 4 years. Am I eligible for compensation?

.

Adam Savett
Adam Savett answered on Jun 8, 2020

This is a brand new case that was just filed last week.

There is no settlement, no judgement, nothing to claim at this point.

Class action cases take time, often 2-5 years from the time they are filed until they are resolved.

And there is no guarantee that the case will be...
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1 Answer | Asked in Consumer Law, Public Benefits, Small Claims and Contracts for Michigan on
Q: Got a writ of garnishment on a Zales jeweler card from 1995-2001 can they still garnish me in the state of Michigan

I worked multiple jobs and this is the first time they've attempted a garnishment, after all this time can they still collect even with them not making a effort to collect from previous employers

Brent T. Geers
Brent T. Geers answered on May 18, 2020

What matters is whether they have a valid judgment. Judgments may be renewed every 10 years. I would assume they did that and now that they've found you again, they can collect. You could look into filing a motion for installment payments with the court.

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