Michigan Collections Law: Michigan’s Consumer Protection Act, “MCPA”

Michigan consumers are protected through a variety of both federal and state laws. Compliance with these laws is a big issue in civil litigation over debts, i.e., collections litigation.

Notably, Michigan has the Michigan Consumer Protection Act, or “MCPA,” MCL 445.901 et. seq. This act was designed to stop “unfair, unconscionable, or deceptive methods, acts, or practices in the conduct of trade or commerce….” MCL 445.903.

Interpreting this law has been a challenging and complicated issue for the courts and Michigan’s Legislature over the years. MCL 445.903 lists over thirty possible examples which additional subsections. Further, there are exceptions to the act, see MCL 445.904 and certain industries and business practices may also be excluded from regulation under this act. Id.

Further, some have argued, that because of court-precedent, the MCPA “functionally died.” See Gary Victor & Ian Lynklip, The Michigan Consumer Protection Act is Virtually Dead,
Mich. Bar. Journal, August, 2012, pgs 26-29.

Nevertheless, compliance with this law is still a big issue in a pending lawsuit over a debt and a successful consumer who proves a claim under this law may be entitled to “actual damages,” “declaratory relief,” “reasonable attorneys fees” or other relief. See MCL 445.911.

Michigan consumers who are concerned about their rights may also wish to contact the Michigan Attorney General’s office.

It is true that everyone is entitled to represent themselves in court. However, it is highly encouraged that you seek out professional legal advice from an experience collections attorney. If you need professional legal assistance in this or one of our other areas of practice please Crowley, Cornish, Rockafellow, & Sartz, PLLC. for a free initial consultation at 517.507.5077.