Michigan Supreme Court Revives Dead Letter Consumer Protection Act

By 2007, judicial decisions had rendered the Michigan Consumer Protection Act (MCPA) void as to any industry regulated or authorized by law. In Att’y Gen. v Eli Lilly & Co., ___ Mich ___; ___ NW3d ___ (2026) (Docket No. 165961), the Michigan Supreme Court revoked much of that immunity, restoring the law’s original power.  Now previously shielded industries—including insurance companies, home builders, car dealers, and healthcare providers—are once again subject to the MCPA. The law prohibits unfair, unconscionable, and deceptive business practices, providing a variety of remedies, including the award of attorney’s fees. The opinion heightens risk for businesses, demonstrating the need for creative and aggressive defense counsel.