Legal Reference Blog by Renee C. Walsh, Attorney

19. November 2009: Michigan Statute of Limitation - Sale of Goods

The Michigan statute of limitation applicable to sales of goods is 4 years. ...More

17. September 2009: Michigan Scanner Law - Upcharge on Cell Phone Sale

Question re: Michigan Scanner Law

"What if you work for a retail cellular company and they upcharge $40.00 dollars on top of the phone price. Just because you are an upgrade and not a new line. But they do not have this listed on the tag. Is this also breaking the Michigan Retail Law?" ...More

06. August 2009: Cashier Scam - Check Your Receipt for Money Back

A consumer shopping at a supercenter thankfully recognized before walking out of the store, that the cashier had purposefully manipulated the transaction. ...More

10. July 2009: Purchasing a Bank-Owned Home

Question:

"The banks are playing a game in an effort to get the most they can for their foreclosed homes. They list the home for a ''lower than they will accept'' price, in order to get a lot of traffic through the house, and multiple offers, sometimes with a second round of bidding. I have unsuccessfully attempted to buy 4 bank-owned homes, always offering the asking price or more. The last offer we placed equaled the asking price, but instead of accepting the offer, the bank rejected, and then lowered the price of the home $8,000, to get more people to come through the house and to get more offers. Is this legal? Can they NOT sell us the house when we are, at the time, the only one making an offer ... and we met their price? This feels like discrimination."

10. July 2009: Discussion of Michigan's Scanner Law and Exceptions

Question:

"I bought produce on sale and was charged the full price. When I asked for the bounty the clerk said it does not pertain to sale items. Is she correct? The produce did not have a price sticker affixed."

A frequent inquiry is what are the exceptions to the scanner law and the short answer is THERE ARE NONE. ...More

24. February 2009: Getting Sued for a Debt that is "Charged Off"

If you have a delinquent debt, after some time it will show up on your credit report as "charged off". A frequent inquiry is "what does this mean" and can I still be sued for it?
...More

17. June 2008: Michigan's Scanner Law - Retail Pricing and Automatic Checkout

Michigan's scanner law is codified at MCL 445.360a, Public Act 344, effective Mar. 29, 1985. It is popularly called the Item Pricing Act and applies to ...More

26. March 2008: "Payment in Full"

The phrase, "payment in full", is most commonly thought of in respect of seeing this clause in the memo section of a check. What does it mean and what is its legal effect? ...More

09. February 2008: Lemon Law Applies to New Cars - What About Used Cars?

Lemon laws differ among states, but do have elements in common. Usually "lemon" is defined, there is a limitation period during which the car will qualify as a lemon, and there is a form of arbitration required. Lemon laws apply to new cars. The Michigan Lemon Law is codified at ...More

22. December 2007: Shopper Discounts - Arguably Fraudulent Charges for this Service

Online buyers beware of charges to bank / credit card accounts made as a result of purchasing goods online at various retailers and unwittingly signing up for "shopper discount" service. ...More

29. August 2007: Public Utilities and Consumer Rights - Michigan

Did you know that Consumers Energy can transfer a debt from another consumer's account to yours or your client's and if payment is not made, a shut off notice will follow? What should you do you do in this situation? ...More

08. July 2007: When Does Bad Credit Stop Showing Up On Your Credit Report

Under the Federal Fair Credit Reporting Act, 15 USC 1681c, accounts placed for collection or charged to profit and loss which antedate the report by more than seven years must be excluded from the report. There are exempted cases where the principal amount of the credit transaction is ...More

15. May 2007: Scanner Law

The "Scanner Law" is something all consumers should be aware of. My law practice is based in Michigan and therefore, I write about the Michigan Scanner Law. A very frugal friend of mine mentioned to me that he rarely makes a trip to a certain retail and grocery supercenter without the scanner incorrectly scanning one of his items. Michigan Compiled Law (MCL) 445.360a popularly called the Scanner Law or Item Pricing Act, applies to items on which the price is stamped or otherwise affixed, which are taken through an automatic checkout system, and for which a receipt is given. If the item does not scan correctly, the consumer gets the difference between the price stamped and the price charged, multiplied by 10. The minimum is $1.00 and the maximum is $5.00. Once you tell the store ...More