Michigan: consumer-protection statute

Consumer Protection Act — Mich. Comp. Laws § 445.901 et seq.

Statute-text comparison only, not legal advice. Verify against the current official code.

Private right of action

Whether a person may bring a civil action under the statute.

Yes; a person who suffers loss as a result of a violation may bring an action to recover actual damages or $250.00, whichever is greater, plus reasonable attorney fees; also may seek declaratory judgment or injunction

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a person who suffers loss as a result of a violation of this act may bring an action to recover actual damages or $250.00, whichever is greater, together with reasonable attorney fees

Actual damages

Recovery for the loss a person actually suffered.

Recoverable by a person who suffers loss; also recoverable in class actions brought by the attorney general or a person

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may bring an action to recover actual damages or $250.00, whichever is greater

Statutory minimum damages

A stated minimum or fixed amount of damages.

$250.00 generally; $5,000.00 for a violation of section 3l

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may bring an action to recover actual damages or $250.00, whichever is greater

Multiple or punitive damages

Damages multiplied or increased to punish unlawful conduct.

Punitive damages discretionary for a violation of section 3l; no treble damages

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In an action brought under this subsection, the court may, in its discretion, award punitive damages.

Attorney fees

Rules for recovering the cost of legal representation.

Reasonable attorney fees to the person who suffers loss and brings an action

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together with reasonable attorney fees

Notice or demand before suit

Notice or a demand that must be sent before bringing an action.

Attorney general must notify the person of intended action and give opportunity to cease and desist or confer, unless waived by the court on good cause shown not less than 10 days before commencement of the action

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the attorney general shall notify the person of his or her intended action and give the person an opportunity to cease and desist

Class action limits

Restrictions on bringing claims on behalf of a class.

Class actions permitted for actual damages only; the $250.00 minimum and attorney fees provisions apply except in a class action; punitive damages for section 3l violations apply except in a class action

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Except in a class action or as otherwise provided in subsection (3), a person who suffers loss as a result of a violation of this act may bring an action to recover actual damages or $250.00

FTC interpretation clause

Directions to consider FTC or federal interpretations when applying the statute.

A method, act, or practice declared by a circuit court of appeals or the US Supreme Court to be unfair or deceptive under section 5(a)(1) of the FTC Act may support an action if officially reported not less than 30 days before the conduct occurs

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declared by a circuit court of appeals or the United States Supreme Court to be an unfair or deceptive act or practice within the meaning of section 5(a)(1) of the federal trade commission act

Time limit for a claim

The period in which an action must be brought.

Not more than 6 years after the occurrence of the method, act, or practice, or more than 1 year after the last payment in a transaction involving the method, act, or practice, whichever ends later

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An action under this section must not be brought more than 6 years after the occurrence of the method, act, or practice that is the subject of the action

Injunctive relief

Court orders requiring conduct to stop or change.

A person may enjoin a person engaging or about to engage in an unlawful method, act, or practice; the attorney general may seek temporary or permanent injunction

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Enjoin in accordance with the principles of equity a person who is engaging or is about to engage in a method, act, or practice that is unlawful under section 3

Attorney general civil penalties

Civil monetary penalties sought by the attorney general.

Not more than $25,000.00 for persistent and knowing violation of section 3; not more than $1,000.00 per violation of section 3l; not more than $5,000.00 for each knowing violation of an injunction, order, decree, or judgment

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for persistent and knowing violation of section 3 the court may assess the defendant a civil fine of not more than $25,000.00