Michigan Deferred Presentment Services Ass'n v. Commissioner of Office of Financial & Insurance Regulation

This civil rights dispute brought under 42 USC 1983 concerns an administrative order issued by defendant, Commissioner of the Office of Financial and Insurance Regulation (OFIR), that allegedly prohibited plaintiffs members from seeking, in this state’s courts, treble damages for nonsufficient funds (NSF) checks given by their customers. In its January 14, 2009, opinion and order, the lower court struck down defendant’s administrative order as an unconstitutional infringement of the right of access to the courts. We reverse in part, vacate in part, and remand for proceedings consistent with…