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Laws regulating collection agencies are set forth in the Michigan Occupational Code

The FDCPA is a federal law that protects you against debt collectors. The consumer can recover up to $1000 in additional penalties from the debt collector.

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Violations of the Michigan law include the following:

  • Making an inaccurate, misleading, untrue, or deceptive statement
  • Misrepresenting the legal status of a debt
  • Misrepresenting the legal rights of the creditor or debtor
  • Misrepresenting that failure to pay will result in the debtor’s arrest or imprisonment, or the seizure, garnishment, attachment or sale of the debtor’s property
  • Communicating with a debtor without accurately disclosing the caller’s identity
  • Communicating with a debtor when the debtor is actively represented by an attorney
  • Communicating information about a debt to the debtor’s employer (under most circumstances)
  • Using a harassing, oppressive or abusive method to collect a debt
  • Causing a telephone to ring or engaging a person in telephone conversation repeatedly, continuously or at unusual times or places which are known to be inconvenient to the debtor
  • Using profane or obscene language

Collection agencies who violate these rules can be sued by a consumer debtor for any actual damages they suffer or a $50 penalty, whichever is greater. If the court finds that the violation was wilful, it may award a penalty of not less than 3 times the actual damages or $150.00, whichever is greater, plus reasonable attorney’s fees and court costs.

The laws described on this page are set forth in full in the Michigan Compiled Laws, Chapter 339, sections 901-920 and Chapter 445, Sections 251-258.

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In addition to rules covering the actions of creditors and collection agencies under your state’s laws, the Fair Debt Collection Practices Act (FDCPA) provides rules protecting consumers from illegal actions of debt collectors, and it applies equally in every state. This means that even if your state laws cannot help you, the FDCPA applies in many more situations.

In fact, certain sections of the laws listed in the available download may have been redacted for brevity.

If you want to find out more about how these laws pertain to your specific situation, please call us at (877) 846-1209 for a free case review with an experienced consumer law attorney. If you prefer, fill out our free case review form and we will contact you.