Consumer Protection UDAP Demand Letter — Michigan

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MICHIGAN CONSUMER PROTECTION UDAP DEMAND LETTER

(Michigan Consumer Protection Act, MCL § 445.901 et seq.)

Quick-Reference Summary

Sender Letterhead

[ATTORNEY OR FIRM NAME]
[STREET ADDRESS]
[CITY], MI [ZIP]
Phone: [____________]
Email: [____________]
Michigan Bar No. (P-Number): P[____________]

Date and Recipient

Date: [__/__/____]

Sent Via:
☐ U.S. Certified Mail, Return Receipt Requested (Tracking No. [____________])
☐ Email to [____________]
☐ Hand Delivery / Process Server
☐ FedEx / UPS Overnight (Tracking No. [____________])

To:
[RESPONDENT LEGAL NAME], a [corporation / LLC / partnership / sole proprietor]
Attn: [Resident Agent / Officer]
[STREET ADDRESS]
[CITY], [STATE] [ZIP]

Subject Line / Re: Block

RE: Demand for Relief Under the Michigan Consumer Protection Act, MCL § 445.901 et seq.

Consumer: [____________]
Transaction Date: [__/__/____]
Transaction / Invoice No.: [____________]
Approximate Amount in Controversy: $[____________]

I. Parties

A. Consumer

[CONSUMER NAME] ("Consumer") is a natural person residing at [ADDRESS], [City], Michigan [ZIP]. Consumer engaged in a transaction with Respondent involving goods or services purchased primarily for personal, family, or household purposes — i.e., "trade or commerce" within the meaning of MCL § 445.902(1)(g).

B. Respondent

[RESPONDENT LEGAL NAME] ("Respondent") is a [corporation / LLC / partnership / sole proprietor] organized under the laws of [STATE], with a principal place of business at [ADDRESS]. Respondent is a "person" within the meaning of MCL § 445.902(1)(d) and engaged in "trade or commerce" by conducting a business that provides goods or services primarily for personal, family, or household purposes.

C. Scope Confirmation

The transaction at issue is NOT "specifically authorized under laws administered by a regulatory board or officer acting under statutory authority of this state or the United States" within the meaning of MCL § 445.904(1)(a). The conduct described below is not within the scope of authorization granted by any regulatory regime to which Respondent may be subject.

II. Factual Background

A. The Transaction

On or about [__/__/____], Consumer [purchased / leased / contracted for] the following from Respondent:

• Goods/Services: [____________]
• Location of transaction: [____________]
• Price/Consideration: $[____________]
• Payment method: [____________]
• Contract/Invoice No.: [____________]
• Last payment date (relevant to SOL accrual under § 445.911(9)): [__/__/____]

B. Representations and Conduct

Respondent communicated the following to Consumer (through advertising, sales statements, contractual representations, omissions, or online platforms):

1. [____________]
2. [____________]
3. [____________]

C. Unfair / Unconscionable / Deceptive Acts or Practices

Respondent's conduct was unfair, unconscionable, or deceptive within the meaning of MCL § 445.903 because:

1. Representation/Conduct: [____________]
   Truth/Reality: [____________]
   Why Prohibited: [____________]

2. Representation/Conduct: [____________]
   Truth/Reality: [____________]
   Why Prohibited: [____________]

D. Timeline

E. Prior Resolution Attempts

☐ Consumer contacted Respondent on [__/__/____]; response: [____________]
☐ Consumer filed Michigan AG complaint on [__/__/____]
☐ BBB / other complaint filed: [____________]
☐ No prior contact

III. Statutory Demand

A. Statutory Basis

MCL § 445.903(1) prohibits "[u]nfair, unconscionable, or deceptive methods, acts, or practices in the conduct of trade or commerce" and enumerates more than thirty specific prohibited acts.

B. Specific Violations Alleged

☐ Causing a probability of confusion or misunderstanding as to source, sponsorship, approval, certification — § 445.903(1)(a)
☐ Causing confusion or misunderstanding as to affiliation, connection, or association — § 445.903(1)(c)
☐ Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have — § 445.903(1)(e)
☐ Representing that goods are new if they are deteriorated, altered, reconditioned, used, or secondhand — § 445.903(1)(g)
☐ Representing that goods or services are of a particular standard, quality, or grade if they are not — § 445.903(1)(h)
☐ Advertising or representing goods or services with intent not to dispose of them as advertised — § 445.903(1)(j)
☐ Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions — § 445.903(1)(l)
☐ Causing a probability of confusion or misunderstanding as to the legal rights, obligations, or remedies of a party — § 445.903(1)(n)
☐ Failing to reveal a material fact, the omission of which tends to mislead or deceive the consumer — § 445.903(1)(s)
☐ Charging the consumer a price that is grossly in excess of the price at which similar goods or services are sold — § 445.903(1)(z)
☐ Causing coercion or duress as a result of the time and nature of a sales presentation — § 445.903(1)(aa)
☐ Gross discrepancy between the oral representations of the seller and the written agreement — § 445.903(1)(y)
☐ Representing that a consumer will receive a rebate, discount, or other benefit as an inducement for entering into a transaction, if the benefit is contingent on an event to occur subsequent to the consummation — § 445.903(1)(u)
☐ Other: [____________]

C. Cure Demanded

Consumer demands that, within thirty (30) days of receipt of this letter, Respondent:

1. ☐ Refund the full purchase price of $[____________];
2. ☐ Pay Consumer's actual damages of $[____________] (or the statutory minimum of $250, whichever is greater, per MCL § 445.911(2));
3. ☐ Repair / replace / re-perform: [____________];
4. ☐ Rescind and cancel the contract and release Consumer from all obligations;
5. ☐ Correct adverse credit reporting attributable to the transaction;
6. ☐ Cease and desist the unfair/unconscionable/deceptive practices identified above;
7. ☐ Reimburse Consumer's reasonable attorney fees and costs incurred to date of $[____________];
8. ☐ Other: [____________].

IV. Damages and Remedies If Not Cured

If Respondent fails to cure within 30 days, Consumer will pursue:

Estimated total exposure if litigation is filed:

Consumer also reserves the right to file complaints with the Michigan Attorney General Consumer Protection Division, the CFPB, the FTC, and the BBB.

V. Litigation Hold / Evidence Preservation Notice

Respondent is hereby placed on notice of its duty to preserve all evidence relevant to the practices described above and the transaction at issue, including:

• All contracts, invoices, receipts, financing documents, and account records concerning Consumer;
• All advertising, marketing, promotional, sales-script, and training materials referencing the goods/services at issue;
• All internal and external communications (emails, text messages, chat logs, voicemails, recorded calls) relating to Consumer or the practices at issue;
• All consumer complaint files, Michigan AG complaints, BBB correspondence, and refund/return/chargeback records;
• All ESI in any form, including metadata, system backups, and cloud-hosted data;
• All policies, procedures, scripts, and quality-control records relating to the conduct at issue;
• Records bearing on the "bona fide error" defense (procedures reasonably adapted to avoid the error — § 445.911(8));
• Records reflecting any regulatory authorization Respondent may invoke under § 445.904(1)(a).

Respondent must immediately suspend any document retention/destruction schedules or automated overwrites that would result in the loss of relevant evidence. Spoliation may give rise to sanctions and adverse inferences under Michigan law. Brenner v. Kolk, 226 Mich. App. 149 (1997).

VI. Response Deadline and Method

Respondent's written response is due no later than [__/__/____] (30 days from delivery of this letter).

Direct all written responses to:

[ATTORNEY NAME]
[FIRM NAME]
[ADDRESS]
Email: [____________]
Phone: [____________]

Acceptable formats: written letter via U.S. Mail; signed PDF via email; counsel's written appearance.

If Respondent fails to respond, fails to cure, or makes an unreasonable counter-offer, Consumer will, without further notice, file suit in the [____________] County Circuit Court (or U.S. District Court for the [Eastern/Western] District of Michigan where federal jurisdiction exists). Consumer will seek all available damages, fees, and equitable relief under the MCPA and applicable common-law theories.

All rights, claims, and remedies are expressly reserved.

Signature Block

Respectfully,

_______________________________
[ATTORNEY NAME]
[FIRM NAME]
[ADDRESS]
Phone: [____________]
Email: [____________]
Michigan Bar No.: P[____________]
Attorney for [CONSUMER NAME]

Enclosures:
☐ Copy of contract / invoice / receipt
☐ Copies of advertising / marketing material relied upon
☐ Photographs or evidence of defect/condition
☐ Prior correspondence with Respondent
☐ Documentation supporting damages calculation
☐ Other: [____________]

Pre-Send Checklist

☐ Verified Respondent's legal name and resident agent via Michigan LARA business search
☐ Analyzed § 445.904(1)(a) "specifically authorized" exemption under Smith v. Globe Life and Liss v. Lewiston-Richards — confirmed conduct is NOT exempt, OR plead alternative common-law theories
☐ Verified MCPA SOL has not run (6 years from occurrence OR 1 year from last payment, whichever is later — § 445.911(9))
☐ Confirmed transaction is "trade or commerce" — primarily personal, family, or household purpose (§ 445.902(1)(g))
☐ Identified specific § 445.903 enumerated violation(s)
☐ Quantified actual damages with documentation (or invoked $250 minimum)
☐ Considered companion claims (common-law fraud, breach of contract, breach of warranty, Magnuson-Moss, FDCPA, TILA)
☐ Considered class-action posture (§ 445.911(4) categories)
☐ Calendared 30-day cure deadline and SOL deadline
☐ Issued litigation hold to Respondent (via this letter)
☐ Issued litigation hold to Consumer
☐ Removed all guidance comments
☐ Retained signed file copy plus delivery confirmation

Sources and References

• Michigan Consumer Protection Act, MCL § 445.901 et seq.: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Act-331-of-1976
• MCL § 445.903 (prohibited acts): https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-445-903
• MCL § 445.904 (exemptions): https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-445-904
• MCL § 445.911 (private remedies; SOL): https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-445-911
• Michigan Attorney General Consumer Protection: https://www.michigan.gov/ag/consumer-protection
• Michigan LARA Corporations Online Filing System (COFS): https://cofs.lara.state.mi.us/SearchApi/Search/Search
• Smith v. Globe Life Ins. Co., 460 Mich. 446 (1999) — § 445.904(1)(a) exemption analysis
• Liss v. Lewiston-Richards, Inc., 478 Mich. 203 (2007) — extending Smith
• Attorney General v. Diamond Mortg. Co., 414 Mich. 603 (1982) — narrower original exemption interpretation
• Dix v. American Bankers Life Assurance Co., 429 Mich. 410 (1987) — class action use