# Mich. Comp. Laws § 484.2209: Awarding costs to prevailing party where frivolous position taken in proceeding; “frivolous” and “prevailing party” defined

> Michigan · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MI_C484_AAct-179-of-1991_S484.2209

## Section

- **Citation:** Mich. Comp. Laws § 484.2209
- **Heading:** Awarding costs to prevailing party where frivolous position taken in proceeding; “frivolous” and “prevailing party” defined
- **Jurisdiction:** Michigan
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** MI Code / Chapter 484 / Act Act-179-of-1991 / Section 484.2209

## Text

Sec. 209.

If the commission finds that a party's position in a proceeding under this act was frivolous, the commission shall award to the prevailing party the costs, including reasonable attorney fees, against the nonprevailing party and their attorney.

As used in this section:

"Frivolous" means that at least 1 of the following conditions is met:

The party's primary purpose in initiating the proceeding or asserting the defense was to harass, embarrass, or injure the prevailing party.

The party had no reasonable basis to believe that the facts underlying that party's legal position were true.

The party's legal position was devoid of arguable legal merit.

"Frivolous" does not mean a complaint filed to challenge a rate alteration increase for basic local service if the complaint has been reviewed by the commission and has not been dismissed by the commission pursuant to section 203(2).

"Prevailing party" means a party who wins in the proceeding.

History: 1991, Act 179, Eff. Jan. 1, 1992

## Nearby sections

- [Mich. Comp. Laws § 484.2101 Short title; purpose.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C484_AAct-179-of-1991_S484.2101.md)
- [Mich. Comp. Laws § 484.2102 Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C484_AAct-179-of-1991_S484.2102.md)
- [Mich. Comp. Laws § 484.2103 Construction of act; database of licensed providers; submission of information.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C484_AAct-179-of-1991_S484.2103.md)
- [Mich. Comp. Laws § 484.2201 Jurisdiction; authority; administration of act; consistency with federal laws, rules, orders, and regulations.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C484_AAct-179-of-1991_S484.2201.md)
- [Mich. Comp. Laws § 484.2202 Additional powers and duties; enforcement of rules; electronic filings; promulgation of new rules.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C484_AAct-179-of-1991_S484.2202.md)
- [Mich. Comp. Laws § 484.2203 Commencement of case; filing; emergency relief order; burden of proof; investigation; hearings; judicial review; continuation of service; posting security; alternative dispute process; additional relief; motion for stay.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C484_AAct-179-of-1991_S484.2203.md)
- [Mich. Comp. Laws § 484.2203a Resolution of complaint by alternative means.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C484_AAct-179-of-1991_S484.2203a.md)
- [Mich. Comp. Laws § 484.2204 Disagreement between telecommunication providers; application for resolution.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C484_AAct-179-of-1991_S484.2204.md)
- [Mich. Comp. Laws § 484.2205 Investigation and resolution of service complaints.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C484_AAct-179-of-1991_S484.2205.md)
- [Mich. Comp. Laws § 484.2209 Awarding costs to prevailing party where frivolous position taken in proceeding; “frivolous” and “prevailing party” defined.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C484_AAct-179-of-1991_S484.2209.md)
- [Mich. Comp. Laws § 484.2210 Trade secrets and commercial or financial information; exemption from freedom of information act; protective order; confidentiality; presumption; information regarding settlement.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C484_AAct-179-of-1991_S484.2210.md)
- [Mich. Comp. Laws § 484.2211 Assessment.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C484_AAct-179-of-1991_S484.2211.md)
- [Mich. Comp. Laws § 484.2211a New or emerging technology; registration; information.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C484_AAct-179-of-1991_S484.2211a.md)
- [Mich. Comp. Laws § 484.2213 Rules; rescission of certain rules.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C484_AAct-179-of-1991_S484.2213.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MI_C484_AAct-179-of-1991_S484.2209. Check the current official text before relying on it. Not legal advice.