Michigan Fair Debt Collection Law
Michigan Comp. Laws Sections 339.901 to 339.920 deal with debt collection agencies. The prohibited debt collector behaviors in many ways mirror the federal Fair Debt Collection Practices Act. For example, it says that:
- A debt collector can't communicate with you in a misleading or deceptive manner, such as using the stationery of an attorney or the stationery of a credit bureau
- A debt collection agency can't use forms that look like they might be from a court
- A debt collection agency can't pretend they're from or acting on behalf of a law enforcement or government agency
- A debt collector has to be honest in stating that he's trying to collect a debt
- A debt collection agency can't lie about a debt's legal status or your rights as a consumer
- A debt collector can't say that you'll be arrested, that your property will be seized, or that your wages will be garnished
- A debt collection agency can't trick you into paying for collect calls or telegrams
- A debt collector must disclose his identity
- If you're represented by an attorney, a debt collection agency can't communicate directly with you
- A debt collection agency can only contact your employer if it's trying to locate you, if your employer initiates communication, or if you've given written authorization for the debt collector to do so
- A debt collector can't threaten you with violence or use profanity
- A debt collection agency can't publish or threaten to publish or publicize your name in connection with a debt
- A debt collector can't use a harassing, oppressive, or abusive method to collect a debt, including calling repeatedly, continuously, or before 8:00 a.m. and after 9:00 p.m., unless you've given permission
- A debt collection agency can't communicate with you via postcard
Michigan law allows individual consumers to sue debt collection agencies. A successful lawsuit filed in the state can result in an award of actual damages or $50, whichever is greater. If a debt collection agency willingly violated the law, you can receive three times the award, court costs, and attorney fees. This is in addition to being able to sue a debt collection agency for violation of the Fair Debt Collection Practices Act.
With the help of a fair debt attorney, you can often reach a settlement with a debt collection agency that either puts money in your pocket or erases part or all of that debt. Complete the form to the right, and the legal team at StopCollector.com will provide you with a free case evaluation. If the debt collector has violated Michigan state law and the FDCPA, we'll take your case absolutely free.
File a Complaint
If you've been the victim of illegal fair debt or fair credit practices, you should file a complaint with the Michigan Attorney General. Often, attorneys general use consumer complaints as the basis for filing lawsuits against debt collection agencies. Filing a complaint is a way of making your voice heard, and of helping to put a stop to unethical debt collection practices.
You can download a complaint form from the Michigan Attorney General by clicking here.
Here's the contact information to call or send a written complaint to the Michigan Attorney General:
Office of the Attorney General
Consumer Protection Division
P.O. Box 30213-7713
Lansing, MI 48909
517-373-1140 or 877-765-8388
You should also file a complaint with the Federal Trade Commission (FTC). The FTC is responsible for enforcing the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. It looks at patterns of consumer complaints and holds shady debt collection agencies accountable by suing them and fining them. It’s also required to provide Congress with an annual report about debt collection and credit reporting practices that includes the number of consumer complaints filed. You can file a complaint with the FTC by clicking here.
