Michigan Compiled Laws Act 331 Of 1976 Michigan Consumer Protection Act (445.901 - 445.922)

AN ACT to prohibit certain methods, acts, and practices in trade or commerce; to prescribe certain powers and duties; to provide for certain remedies, damages, and penalties; to provide for the promulgation of rules; to provide for certain investigations; and to prescribe penalties.

History: 1976, Act 331, Eff. Apr. 1, 1977

Section 445.901 Short Title.
This act shall be known and may be cited as the “Michigan consumer protection act”. History: 1976, Act 331, Eff. Apr. 1, 1977
Section 445.902 Definitions.
(1) As used in this act: (a) Subject to subsection (2), "business opportunity" means the sale or lease of any products, equipment, supplies, or...
Section 445.903 Unfair, Unconscionable, Or Deceptive Methods, Acts, Or Practices In Conduct Of Trade Or Commerce; Rules; Applicability Of Subsection (1)(hh).
(1) Unfair, unconscionable, or deceptive methods, acts, or practices in the conduct of trade or commerce are unlawful and are defined as follows: (a)...
Section 445.903a Home Appliance; Contents Of Service Contract.
(1) As used in this section, “company” means a person engaged in trade or commerce who provides a service contract to consumers. (2) A...
Section 445.903b Failure Of Seller To File Notice Unlawful; Form And Contents Of Notice; Notice Of Change In Information; Reference To Mcl 445.903 Includes Reference To This Section.
(1) In addition to the unfair, unconscionable, or deceptive methods, acts, or practices in the conduct of trade or commerce defined in section 3,...
Section 445.903c Advertising Or Listing In Telephone Directory; Misrepresenting Name Or Location Prohibited; Violation; Penalty; Applicability To Telephone Service Provider, Publisher, Or Distributor.
(1) A person shall not advertise or cause to be listed in a telephone directory an assumed or fictitious business name that intentionally misrepresents...
Section 445.903d Advertising Or Listing In Telephone Directory; Misrepresenting Name Or Location Prohibited; Violation; Penalty; Applicability To Telephone Service Provider, Publisher, Or Distributor.
(1) A person shall not advertise or cause to be listed in a telephone directory a business address or local telephone number that intentionally...
Section 445.903e Issuance Of Gift Certificate; Prohibited Conduct; Definitions.
(1) A person engaged in the retail sale of goods or services shall not do any of the following in connection with a gift...
Section 445.903f Possession Or Use Of Gift Certificate; Charging Service Fee Prohibited; "Service Fee" Defined.
A person engaged in the retail sale of goods or services shall not charge an inactivity fee or other service fee to a consumer...
Section 445.903g Expiration Of Gift Certificate; Limitation.
A person engaged in the retail sale of goods or services shall not sell a gift certificate to a consumer that expires within a...
Section 445.903h Vehicle Rental Transaction; Inclusion Of Vehicle License Cost Recovery Fee; Amount; Fee In Excess Of Costs; Duties Of Car Rental Company; Definitions.
(1) At the time a car rental company provides a consumer with a price quote or estimate for a vehicle rental transaction, and in...
Section 445.903i Ownership Or Operation Of Clothing Donation Box; Definitions.
(1) A person that engages in the conduct of trade or commerce and owns or operates a clothing donation box shall not do any...
Section 445.904 Exemptions; Burden Of Proof.
(1) This act does not apply to either of the following: (a) A transaction or conduct specifically authorized under laws administered by a regulatory...
Section 445.905 Action To Restrain Defendant By Temporary Or Permanent Injunction; Venue; Costs; Civil Penalty; Notice To Defendant; Notice To Attorney General; Violation Of Injunction, Order, Decree, Or Judgment; Civil Fine; Retention Of Jurisdiction, Continuation Of Cause, And Petition For Recovery Of Civil Fine.
(1) If the attorney general has probable cause to believe that a person has engaged, is engaging, or is about to engage in a...
Section 445.906 Assurance Of Discontinuance Of Method, Act, Or Practice.
(1) When the attorney general has authority to institute an action or proceeding pursuant to section 5, he may accept an assurance of discontinuance...
Section 445.907 Subpoena; Notice; Confidentiality; Penalty.
(1) Upon the ex parte application of the attorney general to the circuit court in the county where the defendant is established or conducts...
Section 445.908 Compliance With Notice; Conduct Requiring Assessment Of Civil Penalty; Petition For Order To Enforce Compliance; Violation Of Final Order; Injunction.
(1) A person upon whom a notice is served pursuant to section 7 shall comply with the terms of the notice unless otherwise provided...
Section 445.909 Publication, Public Inspection And Copying, And Distribution Of Rules, Final Judgments, Assurance Of Discontinuance, And Other Matters; Request; Fee.
(1) The attorney general shall publish, make available for public inspection and copying during business hours, and distribute by subscription upon the request of...
Section 445.909a List Of Consumer Complaints.
After each calendar quarter, the attorney general shall by electronic mail provide to the better business bureau of western Michigan, inc., better business bureau...
Section 445.910 Class Action By Attorney General For Actual Damages; Order; Hearing; Receiver; Sequestration Of Assets; Cost Of Notice; Limitations.
(1) The attorney general may bring a class action on behalf of persons residing in or injured in this state for the actual damages...
Section 445.911 Action By Person For Declaratory Judgment, Injunction, Or Actual Damages; Class Action By Person For Actual Damages; Order; Hearing; Receiver; Sequestration Of Assets; Cost Of Notice; Limitations.
(1) Whether or not he seeks damages or has an adequate remedy at law, a person may bring an action to do either or...
Section 445.912 Mailing Copy Of Complaint, Judgment, Decree, Or Order To Attorney General; Violation Of Injunction As Evidence.
(1) Upon commencement of an action brought pursuant to section 11 or section 15, the clerk of the court shall mail a copy of...
Section 445.913 Filing Fees For Commencing Action Or Filing Voluntary Assurance.
When the attorney general or prosecuting attorney commences an action or files a voluntary assurance pursuant to this act, filing fees shall not be...
Section 445.914 Investigation By Law Enforcement Officer.
A law enforcement officer in the state, if requested by the attorney general or a prosecuting attorney, shall aid and assist in an investigation...
Section 445.915 Investigation And Prosecution By Prosecuting Attorney.
A prosecuting attorney may conduct an investigation pursuant to this act and may institute and prosecute an action under this act in the same...
Section 445.916 Other Causes Of Action Not Affected; Inconsistent Ordinance Or Regulation Prohibited.
This act shall not affect any other cause of action which is available. A city, village, township, or county shall not enact an ordinance...
Section 445.917 Investigation Of Financial Institutions; Subpoena; Report.
(1) The commissioner of the financial institutions bureau may investigate, in the manner set forth in section 7, a state or federally chartered bank,...
Section 445.918 Investigation Of Public Utilities; Subpoena; Report.
(1) The public service commission may investigate, in the manner set forth in section 7, a public utility subject to its jurisdiction pursuant to...
Section 445.919 Investigation Of Certain Persons By Cemetery Commission; Subpoena; Report.
(1) The cemetery commission may investigate, in the manner set forth in section 7, a person subject to Act No. 251 of the Public...
Section 445.920 Investigation Of Certain Persons By Director Of Department Of Energy, Labor, And Economic Growth; Subpoena; Report.
(1) The director of the department of energy, labor, and economic growth may investigate, in the manner set forth in section 7, a person...
Section 445.921 Investigation Of Certain Persons By Commissioner Of Insurance; Subpoena; Report.
(1) The commissioner of insurance may investigate, in the manner set forth in section 7, a person subject to Act No. 218 of the...
Section 445.922 Effective Date.
This act shall take effect April 1, 1977. History: 1976, Act 331, Eff. Apr. 1, 1977

Last modified: October 10, 2016