How does a licensee handle a customer complaint?

No later than the close of the 3rd business day after receipt of a complaint, the licensee must determine if it has violated the Act. 

 

If the licensee determines that it has violated the law, it shall return to the drawer (customer) the check it received in the deferred presentment service transaction and any service fee paid by the drawer to the licensee.  In addition, the licensee shall make restitution to the drawer for each violation in an amount equal to 5 times the amount of the fee charged in the deferred presentment service transaction, but not less than $15.00 or more than the face amount of the drawer's check.  A licensee that makes restitution for a violation shall immediately notify the Director of that action.

 

If the licensee determines that it did not violate the law, the licensee shall immediately notify the Director and the drawer of that determination.  The licensee shall give the Director detailed information about the terms of the deferred presentment service transaction and shall provide other information requested by the Director.  The licensee shall include in the notification to the drawer that the drawer has the right to file a written complaint with DIFS if he or she does not agree with the determination that the licensee did not violate the law and provide detailed information on how the drawer can contact DIFS to obtain a complaint form.

 

To meet the requirement of notifying the Director, the licensee must enter the complaint into the Veritec database.  The licensee must enter the nature of the violation, whether the licensee agrees or disagrees that a violation occurred, a detailed response to the complaint, and if restitution was paid to the customer.

 

Refer to MCL 487.2146 Section 36(3)-(9) for specific requirements on handling complaints.