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Michigan may soon see its most effective era of consumer protection in 30 years.
On July 31st, the Michigan Supreme Court ruled for Attorney General v. Eli Lilly and Co., siding with consumers and correcting over 30 years of Michiganders suffering from unfair business practices.
This is a major victory for consumers across the state. Since 1999, the Michigan Consumer Protection Act (MCPA) was gutted by two Supreme Court cases that interpreted a narrow exemption within the statues to apply to nearly all business activity and transactions. Because of these cases, the MCPA has been of essentially no use to consumers. Michiganders have had no path to compensation if they were victimized by financial scams, predatory lending schemes, or hidden rental fees. Businesses could engage in deceptive or unfair practices without any fear of being held accountable.
The Supreme Court's decision to allow the Attorney General to move forward with a price gouging investigation against drug manufacturer Eli Lilly overturned these cases and brought the exemption back in line with its original intent. Businesses who act in unfair, deceptive, or abusive ways can now be held accountable for their actions, providing consumers a pathway to justice after decades of hardship. If a dealership lied about the condition of a car they’re selling you, a contractor gave you a much higher bill compared to the quotes you were first shown, or a drug manufacturer unreasonably raised the prices of medication, you could not be compensated, even if you found legal counsel. Now, all of these examples are just some of the situations where justice can be found again.
The Michigan Poverty Law Program highlights the benefits that ordinary consumers will experience, stating that the decision will "significantly expand access to justice for consumers who previously had little practical ability to challenge deceptive practices." As Michigan consumers lose hundreds of millions of dollars per year due to financial scams and consumer protections are being largely eroded at the federal level, strong consumer protection laws on the state level are more valuable than ever. With this ruling, Michigan will be able to recover lost funds from its residents and deter businesses from engaging in unfair practices in the future.
Consumer protections in Michigan are at a turning point. Our statutes have not been this strong since 1989, so unscrupulous businesses could take and scam and deceive without any consequence. All of this will seemingly change, however, and the following months will prove whether the outcome of this case will open the door for consumers to find justice, or if consumer protection will continue to be one of Michigan's worst policy pitfalls.

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