Michigan Consumer Protection Act Guide

Michigan's Consumer Protection Act (MCPA), codified at MCL 445.901 et seq., is one of the most detailed consumer protection statutes in the country. It specifically lists 44 prohibited practices and provides strong remedies for violations.

This guide covers Michigan's MCPA protections, security deposit rules, landlord-tenant remedies, and how to recover damages when businesses violate your consumer rights.

Key Feature: Michigan's MCPA lists 44 specific prohibited practices, making it easier to identify violations. Unlike vague "unfair practices" laws, you can point to exactly which numbered violation occurred.

What the MCPA Prohibits

The Act prohibits 44 specific unfair, unconscionable, or deceptive methods, including:

Common Violations

  • Misrepresenting the source, quality, or grade of goods
  • Representing used goods as new
  • False advertising of prices or discounts
  • Bait-and-switch advertising
  • Misrepresenting warranty coverage
  • Failing to provide promised refunds
  • Charging for goods/services not requested
  • Gross discrepancy between oral and written terms
  • Taking advantage of consumer's inability to understand

What You Can Recover

Available Remedies

  • Actual damages: Money lost due to the violation
  • $250 minimum: Even if actual damages are less
  • Attorney fees: Reasonable costs if you prevail
  • Equitable relief: Court can order business to stop conduct

Important Limitation: Unlike some states, Michigan doesn't automatically provide treble (3x) damages under the MCPA. However, you can still recover attorney fees, which often exceed the actual damages.

Michigan Security Deposits

Michigan has detailed security deposit rules under MCL 554.602-554.616:

Deposit Limits

  • Maximum: 1.5 months' rent
  • Includes all deposits (security, pet, cleaning)
  • Non-refundable fees don't count toward limit

Return Timeline

  • Deadline: 30 days after termination
  • Must provide: Itemized list of damages with costs
  • Forwarding address: Must be provided within 4 days of move-out

Move-In Checklist

Michigan requires landlords to:

  • Provide written inventory checklist
  • Allow tenant to note existing damage
  • Keep checklist for comparison at move-out
  • Failure to provide = tenant can use their own evidence

Penalties for Violations

  • Double the amount wrongfully withheld
  • Plus the amount improperly withheld
  • Attorney fees for prevailing tenant

Michigan Lemon Law

The Michigan Lemon Law (MCL 257.1401) protects new car buyers:

  • Coverage: First year or 12,000 miles
  • Four repair attempts or 30 days out of service
  • Manufacturer must refund or replace
  • Includes used cars from dealers (separate warranty law)

Michigan Landlord-Tenant Law

Habitability Standards

Under Michigan's Truth in Renting Act and common law:

  • Fit for habitation as residence
  • Comply with housing codes
  • Maintain common areas
  • Provide working utilities
  • Keep premises safe

Repair Process

  1. Notify landlord in writing of needed repairs
  2. Allow reasonable time (no specific statutory period)
  3. If not repaired, contact local housing inspector
  4. May terminate for serious habitability issues

Auto Repair Rights

Michigan's Motor Vehicle Service and Repair Act requires:

  • Written estimate before work begins
  • Customer authorization for repairs
  • Return of replaced parts upon request
  • Itemized invoice of all work performed

Filing a Lawsuit

Small Claims Court

  • Limit: $6,500
  • Filing fee: $30-$70
  • Where to file: District court where defendant resides or transaction occurred
  • Lawyers: Allowed but not required

District Court

For claims up to $25,000:

  • More formal procedure than small claims
  • Attorney representation recommended
  • Can recover attorney fees under MCPA

Michigan Attorney General

The Consumer Protection Division:

  • Accepts consumer complaints online
  • Mediates disputes with businesses
  • Investigates patterns of violations
  • Brings enforcement actions

Demand Letter Strategy

Your Michigan demand letter should:

  1. Describe the transaction and deceptive conduct
  2. Cite MCL 445.903 and the specific numbered violation
  3. Calculate actual damages
  4. Note the $250 minimum recovery
  5. Warn of attorney fee liability
  6. Give 14-day deadline to respond

Detroit, Grand Rapids, Ann Arbor

Major Michigan cities may have:

  • Additional local ordinances
  • Tenant protection programs
  • Legal aid and advocacy services
  • Active consumer protection enforcement

Statute of Limitations

  • MCPA claims: 6 years
  • Security deposits: 6 years
  • Contract claims: 6 years

Michigan Consumer Resources

These Michigan agencies and resources can help with consumer disputes:

Frequently Asked Questions

Why does Michigan list 44 specific prohibited practices?

Michigan's approach of listing specific violations makes it easier for consumers to identify whether their rights were violated. Rather than arguing about vague "unfair practices," you can point to the exact numbered violation (like #aa for failing to reveal material information). This specificity also helps businesses understand exactly what's prohibited.

Is there a minimum recovery under the MCPA?

Yes. Even if your actual damages are small, you're entitled to recover at least $250 under the MCPA. This makes it worthwhile to pursue even smaller claims. Combined with attorney fee recovery, businesses have incentive to settle valid claims rather than fight them in court.

How much can my Michigan landlord charge for a security deposit?

Michigan caps security deposits at 1.5 months' rent. This includes all refundable deposits combined - security, pet, and cleaning deposits. Non-refundable fees (clearly labeled as such) don't count toward this limit.

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