BADEEN v. PAR, INC.

Docket No. 147150.

853 N.W.2d 303 (2014)

496 Mich. 75

BADEEN v. PAR, INC.

Supreme Court of Michigan.

Decided June 13, 2014.


Attorney(s) appearing for the Case

Xuereb Law Group PC, Canton (by Joseph M. Xuereb ), for George Badeen and Midwest Recovery and Adjustment, Inc.

Miller, Canfield, Paddock and Stone, PLC, Kalamazoo (by Clifford W. Taylor , Lansing, Larry J. Saylor , and Lawrence M. Dudek , Detroit), for PAR, Inc.

Wienner & Gould, PC, Rochester (by S. Thomas Wienner and Seth D. Gould ), for PNC Bank, N.A., CenterOne Financial Services, LLC, and The M. Davis Co., Inc.

Law Office of John J. O'Shea, PLC, Detroit (by John J. O'Shea ), for Bank of America, N.A.

Pepper Hamilton LLP, Southfield (by Matthew J. Lund and Adam A. Wolfe ), for TD Auto Finance LLC.

Debrincat, Padgett, Kobliska & Zick, Farmington Hills (by S. Thomas Padgett ), for Santander Consumer USA Inc.

Boyle Burdett, Grosse Pointe Park (by Howard William Burdett, Jr. ), for ASR Nationwide, LLC.

McShane & Bowie, PLC, Grand Rapids (by James R. Bruinsma ), for Nissan Motor Acceptance Corporation.

Warner Norcross & Judd LLP, Grand Rapids (by Molly E. McManus and Gaetan Gerville-Reache ), for Fifth Third Bank.

Plunkett Cooney, Bloomfield Hills (by Jeffrey C. Gerish and Matthew J. Boettcher ), for The Huntington National Bank.

Law Weathers, Grand Rapids (by Leslie C. Morant ), for Toyota Motor Credit Corporation, Remarketing Solutions, LLC, Renovo Services, LLC, and Diversified Vehicle Services, Inc.

Collins Einhorn Farrell PC, Southfield (by Deborah Hebert and Kevin Moloughney ), for Millennium Capital and Recovery Corporation.

Blanco Wilczynski, PLLC (by Derek S. Wilczynski , Troy), for National Asset Recovery Corp.

Bill Schuette , Attorney General, B. Eric Restuccia , Deputy Solicitor General, and Heidi L. Johnson and Bridget K. Smith , Assistant Attorneys General, for the Department of Licensing and Regulatory Affairs.


ZAHRA, J.

As long as there have been debts, there have been people tasked with collecting them.1 To regulate the collection industry in Michigan, the Legislature passed a licensing requirement in 1980. This statutory package required collection agencies to obtain licenses and included statutes governing licensees' permissible actions throughout the collection process.2

For many years, the collection...

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