Steve & Janine's Case

The Human Face Project shares the stories of the people who came to the Court seeking justice -- and were denied. The decisions of the Taylor Court in these cases not only left the people before the Court without a remedy, but they have let cities, employers, business owners and polluters know that they can get away with a lower standard of care for their citizens, employees and customers and those who love Michigan's natural beauty. These stories could have ended differently if an independent, fair minded justice was in Taylor's seat on the Court.

Clifford Taylor’s Court overturns Your Elected Legislature and, Requires Injured Consumers to Pay Fees

Corrupt Builder Ruins Home and Absconds with Homeowners’ Money – and Michigan’s Supreme Court Allows Builder to Escape Liability Under Michigan Consumer Protection Act

Steve and Janine Dailey hired Hartman & Eichorn Builders to add a second story to their one-story bungalow. The Daileys never dreamed that the builder would turn their home into a mold-infested disaster and then abscond with the Daileys’ hard-earned money. In fact, even after noticing that the builder had ordered the wrong size trusses for the second story roof and made other serious mistakes, such as failing to properly support the cross-beam for the second story, the Daileys gave the builder another chance to make things right.

Unfortunately for the Daileys, the builder insisted on additional payment before correcting the mistakes. The Daileys complied but, the builder abandoned the job and took off with the money.

Because the builder had also failed to properly secure the house while the roof was off, two heavy rainstorms resulted in the home becoming infested with mold. The Daileys had to pay for expensive mold remediation efforts and had to hire another builder to re-do and complete the work that Hartman & Eichorn botched and left undone. The Daileys and their two children were also forced to live in an apartment for over 14 months while the work was completed. All in all, the Daileys spent over $143,000 out of pocket dealing with the aftermath of Hartman & Eichorn’s misconduct.

As if what the Daileys had been through was not enough, Hartman & Eichorn had the nerve to file a lawsuit against the Daileys trying to collect additional money under the very contract that the builder had breached.

The Daileys sued under the Michigan’s Consumer Protection Act (“MCPA”), which protects consumers from unfair, unconscionable or deceptive business practices, by requiring a business that violates the Act to pay attorneys fees and costs to the victim.

The builder claimed that, because it had a license, it was exempt from the MCPA, even if it engaged in unfair, deceptive or unconscionable business practices. The MCPA contains a narrow exemption that states that it does not protect consumers from “[a] transaction or conduct specifically authorized under laws administered by a regulatory board or officer acting under statutory authority of this state or the United States.”

Almost all states in the country have a consumer protection law similar to Michigan’s. In every other state that has a “specifically authorized” exception, like the one in Michigan’s MCPA, the courts in those other states have ruled that the law means what it says – that is, the conduct in question must be specifically allowed by another law or regulation.
Unlike the other courts across the country, the Michigan Supreme Court, decided that merely having a license meant that all conduct by the builder was “specifically authorized” – even conduct that the Court acknowledged was illegal.

This decision erodes the basic protections that are provided to other consumers in other states covered by the same statutory language. Because of Taylor’s Court, the MCPA no longer applies to businesses with licenses.

Due to the Taylor Court’s decision, builders can use faulty materials or workmanship, leaving your home exposed to mold damage, without worrying about the MCPA. Likewise, car dealers can sell Katrina flood cars without worrying about having to pay your fees and costs if they get caught. Beauty salons can use contaminated products or equipment and, if you get sick or hurt, you’ll have to pay your own costs and attorney fees.

Clifford Taylor protects unscrupulous businesses and denies innocent consumers their day in court. Because of Taylor, the Michigan Consumer Protection Act no longer means what it says.