Lawyers, Answer Questions  & Get Points Log In
Minnesota Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Copyright, Criminal Law and DUI / DWI for Minnesota on
Q: If a cop gets info.from another person that I was driving my car home drunk from the bar,is it legal for the cop .

That mind you .didn't pull me over .or see me driving,to come to my house a half hour later and give me a DUI and tow my car right out of the driveway,no keys in vehical or on me ,also revockef my lisence for refusel,when he got my numbers reading were high but I still wasn't driving.

Thomas C Gallagher
Thomas C Gallagher answered on Jun 5, 2019

As I mentioned in my other answer to your similar question, that case would be weaker than the normal case where the police officer did observe driving, operating or control of a motor vehicle. In addition, it's common for people to drink at home, after driving. That is a defense to a DWI case.... Read more »

1 Answer | Asked in Small Claims and Consumer Law for Minnesota on
Q: false advertising or bait and switch?

I got a promo code from amazon for $100 off a monitor on a link they provided. There are 4 monitors shown but one of the monitors shown isn't one that promo actually works on because it isnt sold directly through amazon. Amazons model cost more and after the rebate is applied is only actually $77... Read more »

Joseph A. Gangi
Joseph A. Gangi answered on Sep 27, 2018

Sounds like a lot of work for a potential $23 claim. Reach out to customer service?

1 Answer | Asked in Banking, Consumer Law and Tax Law for Minnesota on
Q: I had gotten an inheritance in 2011 and havent filed taxes since or worked and Minnesota seized 28k from my bank

Assuming I had 255k of taxable income, but they cleaned me out is there a possible law suit

Eric Steven Day
Eric Steven Day answered on Jun 6, 2018

The IRS has the right to file what is called an SFR - substitute for return on your behalf. If they see a substantial amount of income that was reported to them from third-parties, they will likely conduct an audit of your account and force the preparation of a tax return. Once there is an... Read more »

1 Answer | Asked in Consumer Law and Tax Law for Minnesota on
Q: Can I withdraw from my 401k or must I take a loan?

I am 100% owner of my 1120-S corporation and am 71 years of age. My 401K is company sponsored.

Eric Steven Day
Eric Steven Day answered on May 24, 2018

You can withdraw from your 401k anytime, in fact, you should have an amount that is required to be distributed from the plan once you have reached 70 1/2. The distribution will be taxable to you upon distribution, but once you’re of age it will not be a early distribution and therefore won’t... Read more »

2 Answers | Asked in Consumer Law for Minnesota on
Q: My vehicle was broken into while at a repair shop. Who is responsible for damages and theft?

The repair shop claims to have locked my vehicle, but my vehicle has no evidence of being broken into. Which makes me think whoever had broken into the vehicle must had access to my vehicles keys OR the repair shop failed to lock my vehicle.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 19, 2018

It depends on the contract that you signed with the repair shop. Oftentimes, there is a disclaimer that removes any liability from the repair shop for lost or stolen items. I would take a look at that and see what it says. That should then drive your future approach.

View More Answers

2 Answers | Asked in Car Accidents and Consumer Law for Minnesota on
Q: Employees took car in for a wash and damaged my car. What can I do?

Took my car for a wash to a place where the employees drive it thru the wash. Went home after the wash and noticed that there is a $300 damage. We called the place and told them about it and now they’re saying that Bc we left, they can’t do anything about it. What can we do about this?

Lucas Wynne
Lucas Wynne answered on Dec 19, 2017

Go to conciliation court (small claims court).

View More Answers

1 Answer | Asked in Traffic Tickets and Consumer Law for Minnesota on
Q: Does a written warning affect your insurance also had no insurance card on me do I have to prove I had it for a warning
Thomas C Gallagher
Thomas C Gallagher answered on Nov 29, 2017

I'd suggest reading the document a police officer gave you. If it directs you to respond in some way, then I'd suggest doing so. What I think of as a written warning from a police officer is not a traffic citation, and so is not a violation charge and will not led to a conviction that could be... Read more »

1 Answer | Asked in Car Accidents and Consumer Law for Minnesota on
Q: If I leave my car at the mechanic and don't pay, what happens? I live in Minnesota.
Peter N. Munsing
Peter N. Munsing answered on Oct 20, 2017

They have what is called a mechanics lien. Resolve the bill!

1 Answer | Asked in Consumer Law for Minnesota on
Q: Is a store in MN required to provide a bathroom for the public? We have one for employees and store is 9K square feet

We run a thrift store and have proper bathrooms for the staff but are we legally required to provide a bathroom to the public? I know we may be for specific customers with documented conditions such as Krohn's and Irritable Bowel Syndrome but do we need to have bathrooms available to all public... Read more »

Lucas Wynne
Lucas Wynne answered on Mar 7, 2017

Please refer to this link: https://www.revisor.mn.gov/statutes/?id=325e.60

1 Answer | Asked in Consumer Law and Business Law for Minnesota on
Q: Is it legal to sell or resell consumer electronics over the phone and online via recurring payments?

As an LLC with 2 employees, if I were to call customers--with respect to the dNC list-- and have a website to sell or resell consumer electronics at a low initial investment but higher profit margin via recurring payments over 6-15 months like a laptop or tablet for example charging the consumer 12... Read more »

Lucas Wynne
Lucas Wynne answered on Jan 25, 2017

Although you would be wading into a grey area, I would state that there are certainly ways for the original manufacturers to sue you in this scenario. I suggest becoming an authorized retailer/reseller rather than attempt to game the system. I would also add that becoming an authorized reseller... Read more »

1 Answer | Asked in Contracts and Consumer Law for Minnesota on
Q: I have a "RETAIL SALES INSTALLMENT CONTRACT" with Home Choice

I and noticed today my copy of said contract has no signatures and my typed name on the contract is not correct. Should I not have a copy of the contract containing the signatures of both parties?

Glenn B. Manishin
Glenn B. Manishin answered on Dec 22, 2016

From your answer it seems the contract was prepared by the seller. Since you have the goods you are acting in accordance with the contract and so are they. That is a manifestation of mutual assent to the terms. So signatures are not needed (although that is certainly not the best ordinary course... Read more »

1 Answer | Asked in Consumer Law, Products Liability, Business Law and Internet Law for Minnesota on
Q: I joined an online course to create 'lead generation' web pages. The idea is to rent the webpage to local companies.

I have heard that if I create a web page for a licensed business, say an auto repair business or a limo service I must either have a license for that industry OR I must have a disclaimer saying "This is a third party webpage" otherwise I can get fined by some federal agency. Is this true or can I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 26, 2016

I'm unaware of any federal rule that says you, the creator has to do something. Many web services work off of templates. However you could have liability if you are viewed as enabling a business that is fraudulent. You may want to learn the business and reframe it to avoid issues.

2 Answers | Asked in Car Accidents, Consumer Law and Civil Rights for Minnesota on
Q: in minn. can a tow co. keep my personal property that is in my car until i pay the initial $588 fee i cant afford?

there are no illegal actions alleged in this event on my part. the state patrol found it necessary to have car towed "without regard for the owners expense" as state patrol proper procedure states. car was in ditch locked and unattended.i did not have a phone to call for help after i hit a deer... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 14, 2016

First, try the state police--as to getting your stuff. Second if you have collision that should cover tow and storage. Third, if you can borrow the money then argue--at 35 a day before you know it it's over 1k. Better to have the car, then argue than have a gigantic bill and if you lose the... Read more »

View More Answers

1 Answer | Asked in Business Law, Education Law and Consumer Law for Minnesota on
Q: Myself and 28 other previous Le Cordon Bleu students were misled and need legal advice and representation. Who can help

Myself and 28 other previous le cordon bleu students were misled through sales tactics to lure us into high student loan debt with promise of earning salaries between $40,00 to $80,000 per year once we graduated. Upon graduation, we unsuccessfully applied for many kitchen manager positions. I for... Read more »

Lucas Wynne
Lucas Wynne answered on Jul 31, 2016

Attorneys cannot solicit business on the internet under the ethical rules that all attorneys must follow. However, you can contact any attorney you would like to work with via telephone or email. I suggest you contact an attorney immediately for a free consultation and to investigate this case... Read more »

1 Answer | Asked in Consumer Law for Minnesota on
Q: Is statesvilleinvestments.com a scam

It's in NJ

Lucas Wynne
Lucas Wynne answered on Jul 21, 2016

I am unsure. However, I would seek a reputable investment from a well known organization like Charles Schwab, JP Morgan, Wells Fargo, etc., before I trusted a random website on the internet.

1 Answer | Asked in Consumer Law for Minnesota on
Q: So can these people seriously send me emails saying I'm GUARANTEED money ?
Lucas Wynne
Lucas Wynne answered on Jul 19, 2016

Who? Con artists? No, they're usually violating the CAN-SPAM act. However, they're also usually overseas and untouchable.

1 Answer | Asked in Consumer Law for Minnesota on
Q: Concerning product warranties...

If someone buys a product from a business that is not on the manufacturers' list of authorized retailers, is the manufacturer still required to honor the warranty even if the manufacturer states on its' website that it only honors warranties when the buyer purchases from an authorized retailer?

Lucas Wynne
Lucas Wynne answered on Jul 19, 2016

This really depends on the situation. The manufacturer would still likely have liability for negligently built products and injuries arising fro them. However, the manufacturer would be unlikely to be required to honor general product warranties. Hope that helps.

1 Answer | Asked in Consumer Law for Minnesota on
Q: How can I get out of a timeshare contract from Sunset Group Lagoon & Marina, Cancun, Mexico? All I see online is SCAM

Know that timeshare is not worth anything, just want to get out of it and stop annual maintenance fees

Lucas Wynne
Lucas Wynne answered on Jul 19, 2016

Whether you can get out of it depends on the contract. Call an attorney for a free consultation, many offer contract/document review for a minimal fee.

1 Answer | Asked in Consumer Law for Minnesota on
Q: I was just wondering who or what type of attorney would I talk to in regurds to a structored settlement being vacted.
Mr. Kenneth Lee LaBore Esq.
Mr. Kenneth Lee LaBore Esq. answered on Jan 8, 2013

If the structured settlement is not for a disabled person or a minor you can sell the settlement. There are many companies that buy the guaranteed income stream for a discount.

Good luck.

1 Answer | Asked in Consumer Law for Minnesota on
Q: Removing name from a loan

I am in Minnesota, my x-husband was suppsoe to get his own loan so that I could ahve my name removed. I was just informed that he is two months behind and he never submitted the paperwork for the loan. In order for him to submit the paperwork, I had to sign a quick claim deed. Can I kick him out... Read more »

Mr. Kenneth Lee LaBore Esq.
Mr. Kenneth Lee LaBore Esq. answered on Jan 8, 2013

I recommend that you meet in person with a real estate and /or divorce attorney. Property title issues can be complicated and depends on many factors including the divorce decree.

Good luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.