Michigan AG and CFPB Complaint Pack

MICHIGAN AG AND CFPB CONSUMER COMPLAINT PACK

TABLE OF CONTENTS

1. Cover Sheet — Filing Index
2. Form A — Michigan AG Consumer Protection Division Complaint
3. Form B — CFPB Consumer Complaint
4. Form C — Courtesy Notice to Business (Preservation Letter)
5. Schedule of Exhibits
6. Sworn Verification
7. Distribution List
8. Michigan Practice Notes
9. Sources and References

1. COVER SHEET — FILING INDEX

2. FORM A — MICHIGAN AG CONSUMER PROTECTION DIVISION COMPLAINT

State of Michigan

Department of Attorney General — Consumer Protection Division

P.O. Box 30213, Lansing, MI 48909

Phone: (517) 335-7599 | Toll-Free: (877) 765-8388 | Fax: (517) 241-3771

Online: https://secure.ag.state.mi.us/complaints/consumer.aspx

Date: [__/__/____]

A.1. CONSUMER INFORMATION

A.2. BUSINESS COMPLAINED OF

A.3. NATURE OF COMPLAINT

A.3.1. Date(s) of incident: [__/__/____] to [__/__/____]

A.3.2. Amount in dispute: $[__________]

A.3.3. Method of contact / transaction: ☐ In-person ☐ Telephone ☐ Internet ☐ Mail ☐ Door-to-door ☐ Other: [__________]

A.3.4. Have you filed a lawsuit? ☐ Yes ☐ No (Court: [__________], Case No. [__________])

A.3.5. Have you contacted the business? ☐ Yes ☐ No (Date: [__/__/____], response: [__________])

A.3.6. Statement of facts (attach additional pages as needed):

[NARRATIVE — describe what happened in chronological order. Include dates, amounts, names of representatives spoken to, written statements made by the business, and the harm suffered. Be factual, not argumentative. Reference exhibits by letter (Ex. A, B, C, etc.).]

A.4. STATUTORY BASIS (OPTIONAL — STRENGTHENS COMPLAINT)

A.4.1. The conduct described above constitutes one or more unfair, unconscionable, or deceptive practices under MCL § 445.903(1), including specifically (check all that apply):

• ☐ (a) Causing confusion as to source, sponsorship, approval, or certification of goods or services;
• ☐ (c) Representing that goods or services have characteristics they do not have;
• ☐ (g) Advertising goods or services with intent not to sell them as advertised;
• ☐ (n) Causing confusion as to the legal rights, obligations, or remedies of a party;
• ☐ (s) Failing to reveal a material fact, the omission of which tends to mislead;
• ☐ (y) Gross discrepancies between oral representations and the terms of a written agreement;
• ☐ (z) Charging a price grossly in excess of the price at which similar property or services are sold;
• ☐ (bb) Making a representation of fact that is false or misleading;
• ☐ (cc) Failing to reveal facts material to the transaction in light of representations of fact made in a positive manner;
• ☐ (ii) Failing to provide promised benefits;
• ☐ Other MCPA subsection: [__________]

A.4.2. [If applicable] The conduct also violates: ☐ MI Identity Theft Protection Act (MCL §§ 445.61–445.79d); ☐ MI Regulation of Collection Practices Act (MCL §§ 339.901–339.920); ☐ MI Home Solicitation Sales Act (MCL §§ 445.111–445.117); ☐ MI Vehicle Code; ☐ MI Lemon Law (MCL § 257.1401 et seq.); ☐ Other: [__________].

A.5. RELIEF REQUESTED

I request that the Michigan Attorney General:

• ☐ Investigate the business under MCL § 445.905;
• ☐ Mediate the dispute and attempt to obtain restitution on my behalf;
• ☐ Bring a civil action under MCL § 445.910 if appropriate;
• ☐ Refer the matter to the appropriate licensing authority (LARA, DIFS, or other) for disciplinary action;
• ☐ Provide me with a copy of the business's response.

A.6. PUBLIC-RECORDS ACKNOWLEDGMENT

A.6.1. I understand that this complaint and supporting materials become public records under the Michigan Freedom of Information Act, MCL §§ 15.231–15.246, and may be disclosed to anyone who requests them. I understand that the AG cannot represent me as my private attorney and that filing this complaint does not toll any statute of limitations on a private claim I may have.

A.6.2. I have redacted my Social Security number, full account numbers, and other sensitive identifiers from the materials I am submitting to the extent possible while still permitting the AG to investigate.

Signature: [________________________________] Date: [__/__/____]

3. FORM B — CFPB CONSUMER COMPLAINT

Consumer Financial Protection Bureau

P.O. Box 27170, Washington, DC 20038

Phone: (855) 411-2372 | Online: https://www.consumerfinance.gov/complaint/

Date: [__/__/____]

B.1. CONSUMER INFORMATION

B.2. PRODUCT OR SERVICE (CHECK ONE)

• ☐ Checking or savings account
• ☐ Credit card or prepaid card
• ☐ Mortgage
• ☐ Vehicle loan or lease
• ☐ Student loan
• ☐ Personal loan / installment loan
• ☐ Payday loan, title loan, or personal line of credit
• ☐ Debt collection
• ☐ Credit reporting, credit repair services, or other personal consumer reports
• ☐ Money transfer, virtual currency, or money service
• ☐ Other: [__________]

B.3. ISSUE TYPE (CHECK ALL THAT APPLY)

• ☐ Incorrect information on a credit report
• ☐ Improper use of my credit report
• ☐ Unable to get my credit report or credit score
• ☐ Problem with a debt that's been collected from me
• ☐ Threatening to take negative or legal action
• ☐ False statements or representation
• ☐ Took or threatened to take negative or legal action
• ☐ Communication tactics
• ☐ Loan servicing, payments, escrow account
• ☐ Account opening, closing, or management
• ☐ Other: [__________]

B.4. COMPANY COMPLAINED OF

B.5. WHAT HAPPENED

[NARRATIVE — Describe in your own words what happened. Include relevant dates, amounts, names of representatives, and the resolution you are seeking. Limit: ~5,000 characters in the CFPB online portal.]

B.6. WHAT HAVE YOU DONE TO RESOLVE THIS?

[Describe each step taken — e.g., called the company on (DATE), wrote a letter on (DATE), filed a dispute under FCRA on (DATE), etc.]

B.7. WHAT IS YOUR DESIRED RESOLUTION?

• ☐ Refund of $[__________]
• ☐ Correction or deletion of credit report entry
• ☐ Cease collection activity
• ☐ Validation of debt
• ☐ Modification of loan terms
• ☐ Apology / written explanation
• ☐ Other: [__________]

B.8. CONSENT TO PUBLISH (CFPB Public Complaint Database)

• ☐ I consent to publication of my complaint in the CFPB Consumer Complaint Database (without my name).
• ☐ I do NOT consent to publication.

Signature: [________________________________] Date: [__/__/____]

4. FORM C — COURTESY NOTICE TO BUSINESS (PRESERVATION LETTER)

[CONSUMER NAME]

[STREET ADDRESS]

[CITY, MI ZIP]

Date: [__/__/____]

SENT VIA U.S. CERTIFIED MAIL — RETURN RECEIPT REQUESTED

Tracking No. [________________________________]

[BUSINESS LEGAL NAME]

Attn: Legal / Compliance Department

[STREET ADDRESS]

[CITY, STATE ZIP]

Re: Consumer Dispute — Notice of Regulatory Complaints and Document Preservation Demand

Dear Sir or Madam:

4.1. I am writing to inform you that on [__/__/____] I filed formal complaints regarding your conduct with (a) the Michigan Attorney General, Consumer Protection Division (Complaint No. [__________]), and (b) the Consumer Financial Protection Bureau (Complaint No. [__________]). A copy of the substantive complaint narrative is enclosed.

4.2. DOCUMENT PRESERVATION DEMAND. You and your agents are hereby on notice to PRESERVE, and not to destroy, alter, or delete, any and all records (electronic and physical) relating to me or to the transaction(s) at issue, including without limitation:

• Account statements, billing records, and payment histories;
• Telephone-call recordings, voicemails, IVR logs, and call-center notes;
• Emails, text messages, chat transcripts, and internal correspondence;
• Marketing materials and advertising shown to me;
• Underwriting, credit-decisioning, and risk-scoring records;
• Vendor and third-party communications relating to my account;
• Any and all metadata associated with the foregoing.

4.3. Your obligation to preserve these records is triggered by your reasonable anticipation of litigation. Failure to preserve may result in spoliation sanctions in any subsequent litigation under Michigan law and Fed. R. Civ. P. 37(e).

4.4. I would prefer to resolve this matter without litigation. I propose the following resolution: [describe — refund of $X, correction of credit report, cease collection, etc.]. Please respond in writing within FIFTEEN (15) DAYS of receipt of this letter to: [CONSUMER ADDRESS / EMAIL].

4.5. This letter is sent without prejudice to any of my rights and remedies under federal and Michigan law, including the Michigan Consumer Protection Act (MCL §§ 445.901–445.922), the FDCPA (15 U.S.C. §§ 1692 et seq.), the FCRA (15 U.S.C. §§ 1681 et seq.), the Truth in Lending Act, the Real Estate Settlement Procedures Act, and the Michigan Identity Theft Protection Act (MCL §§ 445.61 et seq.), as applicable.

Sincerely,

[________________________________]

[CONSUMER NAME]

Enclosure: Complaint narrative

5. SCHEDULE OF EXHIBITS

6. SWORN VERIFICATION

STATE OF MICHIGAN

COUNTY OF [COUNTY]

I, [CONSUMER NAME], being first duly sworn, depose and state that I have read each of the foregoing complaint forms (Form A, Form B, and Form C) and that the factual statements contained therein are true and correct to the best of my knowledge and belief.

[________________________________]

[CONSUMER NAME]

Sworn to and subscribed before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public, [COUNTY] County, Michigan

(My Commission Expires: [_______________])

7. DISTRIBUTION LIST

• ☐ Michigan Attorney General — Consumer Protection Division (P.O. Box 30213, Lansing, MI 48909) — Form A + Exhibits
• ☐ Consumer Financial Protection Bureau (online complaint portal) — Form B + Exhibits
• ☐ [BUSINESS NAME] — Form C + Complaint narrative — Certified Mail RRR
• ☐ LARA Bureau of Professional Licensing (https://www.michigan.gov/lara) — copy if licensed industry
• ☐ Michigan DIFS (https://www.michigan.gov/difs) — copy if insurance, bank, credit union, or mortgage lender
• ☐ FTC reportfraud.ftc.gov — copy
• ☐ Better Business Bureau — optional courtesy copy
• ☐ Local prosecutor — copy if criminal conduct alleged

8. MICHIGAN PRACTICE NOTES

• AG cannot be your private lawyer. The Michigan AG investigates and brings public-interest enforcement actions but cannot represent the consumer individually. Filing an AG complaint does NOT toll the consumer's private statute of limitations.
• MCPA limitations. A private MCPA action under MCL § 445.911 must be filed within SIX (6) YEARS (MCL § 445.911(7)). The MCPA permits actual damages or $250 (whichever is greater) plus reasonable attorney fees and equitable relief.
• Smith v. Globe Life exemption. The MCPA's regulated-industry exemption (MCL § 445.904(1)(a)), as construed in Smith v. Globe Life Ins. Co., 460 Mich. 446 (1999), broadly bars private MCPA claims against businesses whose general activity is subject to a regulatory scheme — including insurers, banks, mortgage lenders, hospitals, and licensed collection agencies. The AG retains independent investigative authority even where private claims are exempt; framing the complaint to highlight unregulated conduct (deception, fraud, harassment) avoids weakening AG jurisdiction.
• CFPB jurisdiction. The CFPB regulates "consumer financial products and services" under 12 U.S.C. § 5481(15). It does NOT have jurisdiction over routine retail merchant disputes, motor-vehicle dealers (most are excluded by Dodd-Frank § 1029, 12 U.S.C. § 5519), insurance, or healthcare. Use the AG (or LARA / DIFS) for those.
• CFPB process. The CFPB forwards the complaint to the company, which generally must respond within 15 days and provide a final response within 60 days. The CFPB publishes complaints (without consumer names) in its public Consumer Complaint Database if the consumer consents.
• FOIA exposure. Michigan AG complaint files are subject to the Michigan FOIA. Sensitive personal identifiers should be redacted before filing.
• Statute of limitations is NOT tolled by filing an administrative complaint. Calendar all civil deadlines independently.
• Parallel filings. Filing with both the AG and the CFPB increases pressure on the business and creates a written paper trail useful in subsequent litigation. The CFPB complaint creates a record admissible for impeachment if the business's litigation position contradicts its CFPB response.
• Records to keep. Keep certified-mail tracking, AG and CFPB complaint reference numbers, and the company's response letters indefinitely.

9. SOURCES AND REFERENCES

• Michigan AG — File a Complaint — https://www.michigan.gov/ag/complaints
• Michigan AG — Consumer Protection — https://www.michigan.gov/ag/consumer-protection
• Michigan AG — Online Consumer Complaint Form — https://secure.ag.state.mi.us/complaints/consumer.aspx
• MCL §§ 445.901–445.922 (MCPA) — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-act-331-of-1976
• MCL § 445.911 (MCPA private right of action) — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-445-911
• MCL § 445.904 (regulated-industry exemption) — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-445-904
• MCL §§ 15.231–15.246 (Michigan FOIA) — https://www.legislature.mi.gov/
• Smith v. Globe Life Ins. Co., 460 Mich. 446 (1999) — https://caselaw.findlaw.com/court/mi-supreme-court/1294900.html
• Liss v. Lewiston-Richards, Inc., 478 Mich. 203 (2007)
• Consumer Financial Protection Bureau — Submit a Complaint — https://www.consumerfinance.gov/complaint/
• 12 U.S.C. §§ 5481–5603 (Consumer Financial Protection Act of 2010) — https://www.law.cornell.edu/uscode/text/12/chapter-53
• LARA Bureau of Professional Licensing — https://www.michigan.gov/lara/bureau-list/bpl
• Michigan DIFS — https://www.michigan.gov/difs
• FTC reportfraud.ftc.gov — https://reportfraud.ftc.gov/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Michigan must review and customize this document before use. Laws, citations, and court rules change frequently; verify all authorities before use.