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Minnesota Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Communications Law and Entertainment / Sports for Minnesota on
Q: Can the news media be sued for causing fear, anxiety and other mental health issues due to the way the news is written?

In speaking with others, I find that watching the news causes me anxiety and extreme fear by the way it is delivered to us consumers. There is no way to know what is being reported is true. It can be argued that the reporting of the events surrounding police shootings are fueled by the media and... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

NO. The news media are subject to certain immunities for the fair reporting of events that occur. You cannot sue them for that. You would have to show that they targeted you, personally, with the news coverage.

I share your pain about the reporting of current events, but you still...
Read more »

1 Answer | Asked in Consumer Law and Lemon Law for Minnesota on
Q: I bought a used car for 5000. Dealer told me they had put alot of work into it. Engine blew up within 6 days.

The car is a 2009

Mark William Perron
Mark William Perron answered on Apr 27, 2020

Tough break! Buying a used car is always a big risk. Unfortunately, the Lemon Law only covers new or slightly used cars.

In order to hold the dealer accountable, you would need to prove that they knew about a material defect and that had you known about said defect, you would not have...
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1 Answer | Asked in Consumer Law, Real Estate Law and Construction Law for Minnesota on
Q: If someone piled grave on my lots without asking to do so do they have the right to it

The county had another company haul in gravel and pile it up on my personal lots and I knew nothing about it and now they want to lay claim to it

Tim Akpinar
Tim Akpinar answered on Oct 27, 2019

A Minnesota attorney could advise in the best manner, but your question remains open for three weeks. As a general rule in virtually any jurisdiction, the homeowner does not get a windfall from the mistake of the county or its contractor in such a situation. Most anywhere, the gravel would be... Read more »

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... 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... 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.

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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).

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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... 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... Read more »

Lucas Wynne
Lucas Wynne answered on Mar 7, 2017

Please refer to this link:

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

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... 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... 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 »

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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 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.

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