REGULATION OF COLLECTION PRACTICES
Act 70 of 1981
445.252 Prohibited acts.
Sec. 2.
A regulated person shall not commit 1 or more of the following acts:
(a) Communicating with a debtor in a misleading or deceptive manner, such as using the stationery of an attorney or credit bureau unless the regulated person is an attorney or is a credit bureau and it is disclosed that it is the collection department of the credit bureau.
(b) Using forms or instruments which simulate the appearance of judicial process.
(c) Using seals or printed forms of a government agency or instrumentality.
(d) Using forms that may otherwise induce the belief that they have judicial or official sanction.
(e) Making an inaccurate, misleading, untrue, or deceptive statement or claim in a communication to collect a debt or concealing or not revealing the purpose of a communication when it is made in connection with collecting a debt.
(f) Misrepresenting in a communication with a debtor 1 or more of the following:
(i) The legal status of a legal action being taken or threatened.
(ii) The legal rights of the creditor or debtor.
(iii) That the nonpayment of a debt will result in the debtor's arrest or imprisonment, or the seizure, garnishment, attachment, or sale of the debtor's property.
(iv) That accounts have been turned over to innocent purchasers for value.
(g) Communicating with a debtor without accurately disclosing the caller's identity or cause expenses to the debtor for a long distance telephone call, telegram, or other charge.
(h) Communicating with a debtor, except through billing procedure when the debtor is actively represented by an attorney, the attorney's name and address are known, and the attorney has been contacted in writing by the credit grantor or the credit grantor's representative or agent, unless the attorney representing the debtor fails to answer written communication or fails to discuss the claim on its merits within 30 days after receipt of the written communication.
(i) Communicating information relating to a debtor's indebtedness to an employer or an employer's agent unless the communication is specifically authorized in writing by t he debtor subsequent to the forwarding of the claim for collection, the communication is in response to an inquiry initiated by the debtor's employer or the employer's agent, or the communication is for the purpose of acquiring location information about the debtor.
(j) Using or employing, in connection with collection of a claim, a person acting as a peace or law enforcement officer or any other officer authorized to serve legal papers.
(k) Using or threatening to use physical violence in connection with collection of a claim.
(l) Publishing, causing to be published, or threatening to publish lists of debtors, except for credit reporting purposes, when in response to a specific inquiry from a prospective credit grantor about a debtor.
(m) Using a shame card, shame automobile, or otherwise bring to public notice that the consumer is a debtor, except with respect to a legal proceeding which is instituted.
(n) Using a harassing, oppressive, or abusive method to collect a debt, including 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. All communications shall be made from 8 a.m. to 9 p.m. unless the debtor expressly agrees in writing to communications at another time. All telephone communications made from 9 p.m. to 8 a.m. shall be presumed to be made at an inconvenient time in the absence of facts to the contrary.
(o) Using profane or obscene language.
(p) Using a method contrary to a postal law or regulation to collect an account.
(q) Failing to implement a procedure designed to prevent a violation by an employee.
(r) Communicating with a consumer regarding a debt by post card.
(s) Employing a person required to be licensed under article 9 of Act No. 299 of the Public Acts of 1980, being sections 339.901 to 339.916 of the Michigan Compiled Laws, to collect a claim unless that person is licensed under article 9 of Act No. 299 of the Public Acts of 1980.
History: 1981, Act 70, Imd. Eff. June 29, 1981
Notes of Decisions
Cited in
29
cases (
1 in the last 5 years), 2001–2022 · leading case:
Martin v. Trott Law, P.C., 198 F. Supp. 3d 794 (E.D. Mich. 2016).
Martin v. Trott Law, P.C., 198 F. Supp. 3d 794 (E.D. Mich. 2016).
· cites it 14× “§ 1692e(3) (prohibiting any “false representation or implication that any individual is an attorney or that any communication is from an attorney”), and section (a) of the RCPA, Mich. Comp. Laws § 445.252 (a) (prohibiting communication in any “misleading or deceptive manner,…”
Auto-Owners Ins. Co. v. Compass Healthcare Plc, 928 N.W.2d 726 (Mich. Ct. App. 2018).
· cites it 2× “or billing statements and by ignoring the cease and desist letters sent by Home-Owners, defendants had willfully violated the MRCPA, "by making misleading statements to Casanova that he owed the balance bill, where [d]efendants were on notice that Casanova's liability was in…”
Baker v. Residential Funding Co., 886 F. Supp. 2d 591 (E.D. Mich. 2012).
· cites it 7× “However, the plaintiffs also bring a claim under the Michigan Collection Practices Act, Mich. Comp. Laws § 445.252 , which regulates debt collection practices.”
Elizarov v. Equity Experts LLC, 312 F. Supp. 3d 624 (E.D. Mich. 2018).
· cites it 4× “MRCPA Claim (Count II) Count II of the Complaint asserts a claim under the Michigan Regulation of Collection Practices Act (" MRCPA "), Mich. Comp. Laws § 445.252 . Plaintiff appears to request summary judgment on this claim as well, but his Motion for Summary Judgment does not…”
Frost v. Wells Fargo Bank, N.A., 901 F. Supp. 2d 999 (W.D. Mich. 2012).
· cites it 6× “RCPA Claim Under the Regulation of Collection Practices Act (RCPA), Mich. Comp. Laws § 445.251 et seq., a “regulated person” shall not make “an inaccurate, misleading, untrue, or deceptive statement or claim in a communication to collect a debt.”
Lynk v. Chase Home Fin., LLC, 644 F. Supp. 2d 868 (E.D. Mich. 2009).
· cites it 17× “, Mich. Comp. Laws § 445.252 (2)(a) (prohibiting “[ejommunicating with a debtor in a misleading or deceptive manner”); § 445.”
Badeen v. Par, Inc, 853 N.W.2d 303 (Mich. 2014).
“The lenders that hired the forwarding companies, in turn, were allegedly violating Michigan law by hiring unlicensed collection agencies in contravention of MCL 445.252(s). Defendants, Badeen argued, injured the members of the plaintiff class by impeding their business while not…”
Ford v. Midland Funding, LLC, 264 F. Supp. 3d 849 (E.D. Mich. 2017).
“§ 445.252. Defendants contend that the arbitration clause and delegation provision in the FI-ACS 2006 credit card agreement govern Plaintiffs account and therefore, because Defendants so elect, this Court must compel Plaintiff to arbitrate (1) her claims (on an individual,…”
Brody v. Genpact Servs., LLC, 980 F. Supp. 2d 817 (E.D. Mich. 2013).
· cites it 2× “Plaintiff further maintains that defendant’s conduct ran afoul of Mich. Comp. Laws § 445.252 (a) and (e). 1 In its motion for judgment on the pleadings, defendant disclaims liability under the FDCPA because the contents of the voicemail message did not effectuate a…”
— Mich. Comp. Laws § 445.252(2)(f) — 1 case
Lynk v. Chase Home Fin., LLC, 644 F. Supp. 2d 868 (E.D. Mich. 2009).
“, Mich. Comp. Laws § 445.252 (2)(a) (prohibiting “[ejommunicating with a debtor in a misleading or deceptive manner”); § 445.”
— Mich. Comp. Laws § 445.252(2)(g) — 1 case
Lynk v. Chase Home Fin., LLC, 644 F. Supp. 2d 868 (E.D. Mich. 2009).
“, Mich. Comp. Laws § 445.252 (2)(a) (prohibiting “[ejommunicating with a debtor in a misleading or deceptive manner”); § 445.”
— Mich. Comp. Laws § 445.252(2)(h) — 1 case
Lynk v. Chase Home Fin., LLC, 644 F. Supp. 2d 868 (E.D. Mich. 2009).
“, Mich. Comp. Laws § 445.252 (2)(a) (prohibiting “[ejommunicating with a debtor in a misleading or deceptive manner”); § 445.”
— Mich. Comp. Laws § 445.252(a) — 2 cases
— Mich. Comp. Laws § 445.252(e) — 10 cases
Auto-Owners Ins. Co. v. Compass Healthcare Plc, 928 N.W.2d 726 (Mich. Ct. App. 2018).
“or billing statements and by ignoring the cease and desist letters sent by Home-Owners, defendants had willfully violated the MRCPA, "by making misleading statements to Casanova that he owed the balance bill, where [d]efendants were on notice that Casanova's liability was in…”
— Mich. Comp. Laws § 445.252(f) — 1 case
— Mich. Comp. Laws § 445.252(n) — 3 cases
Frost v. Wells Fargo Bank, N.A., 901 F. Supp. 2d 999 (W.D. Mich. 2012).
“RCPA Claim Under the Regulation of Collection Practices Act (RCPA), Mich. Comp. Laws § 445.251 et seq., a “regulated person” shall not make “an inaccurate, misleading, untrue, or deceptive statement or claim in a communication to collect a debt.”
— Mich. Comp. Laws § 445.252(q) — 1 case
— Mich. Comp. Laws § 445.252(s) — 2 cases
Badeen v. Par, Inc, 853 N.W.2d 303 (Mich. 2014).
“The lenders that hired the forwarding companies, in turn, were allegedly violating Michigan law by hiring unlicensed collection agencies in contravention of MCL 445.252(s). Defendants, Badeen argued, injured the members of the plaintiff class by impeding their business while not…”
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