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
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
A frequent inquiry involves the question of creditors and whether they can speak with others about their debt. More generally, the issue is what can they legally do in order to collect a debt.
The federal Fair Debt Collection Practices Act (FDCPA) and the Michigan Occupational Code set forth the law on debt collection practices. The FDCPA is codified at
...More
There is a way to stop the debt collectors from contacting you, with one hitch. If you use the method, then the collector's only option is to take you to court.
...More
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
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
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
If the collector sues and proves that you owe the money claimed, a judgment can be entered for that amount plus costs. The collector can then attempt to collect from you on the judgment but only under the provisions of the Fair Debt Collection Practices Acts and this time with the ability to attach assets such as your car unless you use it for work, and garnish your wages if you net more
...More
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
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