Michigan Consumer Protection Act (MCPA)

The Michigan Consumer Protection Act (MCPA) is a state statue intended to protect consumers from predatory business practices, such as misrepresentation, false advertising, and failure to honor warranties and service contracts. While the unlawful activities enumerated in the MCPA are many and cover a broad category, a few of the specific unethical business practices it safeguards the consumer against include, but are not limited to:

• Goods or service misrepresentation, such as deceptive geographic origin, representing old, used or deteriorated goods as new; falsely representing sponsorship, approval, characteristics, benefits or product uses as well as misrepresentation of standard, quality, grade, style or model.
• False advertising that disparages the goods, services, or reputation of a competitor through false or misleading facts; intention to dispose of goods or services differently than as advertised or with intent to supply less than a reasonably expected public demand without publicly advertising that a limited quantity is available.
• False/misleading statements regarding price reductions.
• False representation that a repair service, part or replacement is necessary.

In successful lawsuits, MCPA specifically calls for the recovery of attorneys’ fees and court costs. This remedy permits individuals who would otherwise be financially unable to pursue legal action in seeking recourse under the MCPA when treated unjustly or abused by a company.

At Drew, Cooper & Anding, our attorneys have brought numerous cases containing widely varying fact patterns to litigation under the MCPA. A large number of these cases have been against car dealerships and repair shops, which do not require proof of actual damages, just proof of MCPA violation. Because the litigation is based on violation as opposed to damages, recovery is often modest, $250 or the cost to recover damages, whichever is greater, as well as attorney fees and court costs.