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Michigan Statutes, Title 445

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Michigan/Statutes

← All Michigan coverage

Title 445, TRADE AND COMMERCE

114 chapters · 762 sections in this title.

All chapters in Title 445762 Ch 173-of-1987, MORTGAGE BROKERS, LENDERS, AND SERVI…42 Ch 331-of-1976, MICHIGAN CONSUMER PROTECTION ACT37 Ch 269-of-1974, FRANCHISE INVESTMENT LAW34 Ch 332-of-1965, HOME IMPROVEMENT FINANCE ACT34 Ch 118-of-1981, MOTOR VEHICLE FRANCHISE ACT28 Ch 224-of-1966, RETAIL INSTALLMENT SALES ACT27 Ch 424-of-1984, RENTAL-PURCHASE AGREEMENT ACT20 Ch 452-of-2004, IDENTITY THEFT PROTECTION ACT20 Ch 274-of-1984, MICHIGAN ANTITRUST REFORM ACT19 Ch 229-of-2013, SECURITY FREEZE ACT18 Ch Initiated Law 1-of-1976, BEVERAGE CONTAINERS17 Ch 155-of-1981, OWNERSHIP RIGHTS IN DIES, MOLDS, AND…17 Ch 33-of-2009, RECREATIONAL VEHICLE FRANCHISE ACT15 Ch 15-of-2011, SHOPPING REFORM AND MODERNIZATION ACT14

37 sections·Filtered byTitle 445✕Ch 331-of-1976✕

Mich. Comp. Laws § 445.901 Short title.
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Sec. 1. This act shall be known and may be cited as the "Michigan consumer protection act".
Mich. Comp. Laws § 445.902 Definitions.
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Sec. 2. (1) As used in this act: (a) Subject to subsection (2), "business opportunity" means the sale or lease of any products, equipment, supplies, or services for the purpose of enabling the purchaser to start a business, and in which the seller represents 1 or more of the foll…
Mich. Comp. Laws § 445.903 Unfair, unconscionable, or deceptive methods, acts, or practices in conduct of trade or commerce; rules; applicability of subsection (1)(hh).
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Sec. 3. (1) Unfair, unconscionable, or deceptive methods, acts, or practices in the conduct of trade or commerce are unlawful and are defined as follows: (a) Causing a probability of confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods …
Mich. Comp. Laws § 445.903a Home appliance; contents of service contract.
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Sec. 3a. (1) As used in this section, "company" means a person engaged in trade or commerce who provides a service contract to consumers. (2) A service contract for the repair or maintenance of a home appliance shall contain the following provision: If performance of the service …

Mich. Comp. Laws § 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.

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Sec. 3b. (1) In addition to the unfair, unconscionable, or deceptive methods, acts, or practices in the conduct of trade or commerce defined in section 3, it is unlawful for the seller of a business opportunity to fail to file a notice with the attorney general on or before the f…

Mich. Comp. Laws § 445.903c Advertising or listing in telephone directory; misrepresenting name or location prohibited; violation; penalty; applicability to telephone service provider, publisher, or distributor.

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Sec. 3c. (1) A person shall not advertise or cause to be listed in a telephone directory an assumed or fictitious business name that intentionally misrepresents where the business is actually located or operating or falsely states that the business is located or operating in the …

Mich. Comp. Laws § 445.903d Advertising or listing in telephone directory; misrepresenting name or location prohibited; violation; penalty; applicability to telephone service provider, publisher, or distributor.

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Sec. 3d. (1) A person shall not advertise or cause to be listed in a telephone directory a business address or local telephone number that intentionally misrepresents where the business is actually located or operating or that falsely states that the business is located or operat…

Mich. Comp. Laws § 445.903e Issuance of gift certificate; prohibited conduct; definitions.

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Sec. 3e. (1) A person engaged in the retail sale of goods or services shall not do any of the following in connection with a gift certificate issued for retail goods or services: (a) Refuse to accept a gift certificate in payment for goods or services used or bought for use prima…

Mich. Comp. Laws § 445.903f Possession or use of gift certificate; charging service fee prohibited; "service fee" defined.

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Sec. 3f. A person engaged in the retail sale of goods or services shall not charge an inactivity fee or other service fee to a consumer for the possession or use of a gift certificate. As used in this section, "service fee" does not include any fee charged to and paid by a consum…

Mich. Comp. Laws § 445.903g Expiration of gift certificate; limitation.

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Sec. 3g. A person engaged in the retail sale of goods or services shall not sell a gift certificate to a consumer that expires within a period of less than 5 years.

Mich. Comp. Laws § 445.903h Vehicle rental transaction; inclusion of vehicle license cost recovery fee; amount; fee in excess of costs; duties of car rental company; definitions.

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Sec. 3h. (1) At the time a car rental company provides a consumer with a price quote or estimate for a vehicle rental transaction, and in the rental agreement, the car rental company shall do either of the following: (a) Provide an estimated total price for the vehicle rental tra…

Mich. Comp. Laws § 445.903i Ownership or operation of clothing donation box; definitions.

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Sec. 3i. (1) A person that engages in the conduct of trade or commerce and owns or operates a clothing donation box shall not do any of the following: (a) Mark the clothing donation box or any sign near the clothing donation box in any manner that represents or implies that any p…

Mich. Comp. Laws § 445.903k Providing, offering, or receiving compensation for providing or offering of veterans' benefit service; advertising or promoting event regarding veterans' pension or medical benefits; limitations; definitions.

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Sec. 3k. (1) A person that is engaged in trade or commerce shall not engage in any of the following acts or practices: (a) Providing, or offering to provide, a veterans' benefit service to a veteran or family member of a veteran unless the person is any of the following: (i) Empl…

Mich. Comp. Laws § 445.903l Third-party delivery service; prohibition on use of likeness, trademark, or other property of restaurant; written agreement; definitions.

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Sec. 3l. (1) A third-party delivery service shall not use a likeness, trademark, or other intellectual property belonging to a restaurant without obtaining written consent from the restaurant to use the likeness, trademark, or other intellectual property. Written consent under th…

Mich. Comp. Laws § 445.903m Online state services by unaffiliated third party; requirements.

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Sec. 3m. (1) If a third party charges customers a fee or requires customers to disclose personal information for online services that are similar to online services performed by a governmental agency in this state and the third party is not affiliated with that governmental agenc…

Mich. Comp. Laws § 445.903n Definitions for MCL 445.903o.

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Sec. 3n. As used in section 3o: (a) "Consumer product" means any tangible personal property that is distributed in trade or commerce and that is normally used for personal, family, or household purposes regardless of whether the property is attached to or installed in, or intende…

Mich. Comp. Laws § 445.903o Regulation and verification of online marketplace and third-party sellers; information for consumers; requirements; failure to comply; suspension; enforcement.

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Sec. 3o. (1) An online marketplace shall require a high-volume third-party seller on the online marketplace's platform to provide, not later than 10 days after qualifying as a high-volume third-party seller on the platform, all of the following information to the online marketpla…

Mich. Comp. Laws § 445.904 Exemptions; burden of proof.

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Sec. 4. (1) This act does not apply to either of the following: (a) A transaction or conduct specifically authorized under laws administered by a regulatory board or officer acting under statutory authority of this state or the United States. (b) An act done by the publisher, own…

Mich. Comp. Laws § 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.

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Sec. 5. (1) If the attorney general has probable cause to believe that a person has engaged, is engaging, or is about to engage in a method, act, or practice that is unlawful under section 3, and gives notice pursuant to this section, the attorney general may bring an action in a…

Mich. Comp. Laws § 445.906 Assurance of discontinuance of method, act, or practice.

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Sec. 6. (1) When the attorney general has authority to institute an action or proceeding pursuant to section 5, he may accept an assurance of discontinuance of a method, act, or practice which is alleged to be unlawful under section 3 from the person who is alleged to have engage…

Mich. Comp. Laws § 445.907 Subpoena; notice; confidentiality; penalty.

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Sec. 7. (1) Upon the ex parte application of the attorney general to the circuit court in the county where the defendant is established or conducts business or, if the defendant is not established in this state, in Ingham county, the circuit court, if it finds probable cause to b…

Mich. Comp. Laws § 445.908 Compliance with notice; conduct requiring assessment of civil penalty; petition for order to enforce compliance; violation of final order; injunction.

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Sec. 8. (1) A person upon whom a notice is served pursuant to section 7 shall comply with the terms of the notice unless otherwise provided by the order of the circuit court. (2) A person who does any of the following shall be assessed a civil penalty of not more than $5,000.00. …

Mich. Comp. Laws § 445.909 Publication, public inspection and copying, and distribution of rules, final judgments, assurance of discontinuance, and other matters; request; fee.

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Sec. 9. (1) The attorney general shall publish, make available for public inspection and copying during business hours, and distribute by subscription upon the request of any person: (a) Rules promulgated under section 3 (2). (b) Copies of final judgments rendered under this act …

Mich. Comp. Laws § 445.909a List of consumer complaints.

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Sec. 9a. After each calendar quarter, the attorney general shall by electronic mail provide to the better business bureau of western Michigan, inc., better business bureau of Michiana, inc., better business bureau of Detroit and eastern Michigan, inc., and better business bureau …

Mich. Comp. Laws § 445.910 Class action by attorney general for actual damages; order; hearing; receiver; sequestration of assets; cost of notice; limitations.

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Sec. 10. (1) The attorney general may bring a class action on behalf of persons residing in or injured in this state for the actual damages caused by any of the following: (a) A method, act, or practice in trade or commerce defined as unlawful under section 3. (b) A method, act, …

Mich. Comp. Laws § 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.

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Sec. 11. (1) Whether or not a person seeks damages or has an adequate remedy at law, a person may bring an action to do either or both of the following: (a) Obtain a declaratory judgment that a method, act, or practice is unlawful under section 3. (b) Enjoin in accordance with th…

Mich. Comp. Laws § 445.912 Mailing copy of complaint, judgment, decree, or order to attorney general; violation of injunction as evidence.

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Sec. 12. (1) Upon commencement of an action brought pursuant to section 11 or section 15, the clerk of the court shall mail a copy of the complaint to the attorney general, and upon entry of a judgment or decree in the action, the clerk of the court shall mail a copy of the judgm…

Mich. Comp. Laws § 445.913 Filing fees for commencing action or filing voluntary assurance.

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Sec. 13. When the attorney general or prosecuting attorney commences an action or files a voluntary assurance pursuant to this act, filing fees shall not be required to be paid.

Mich. Comp. Laws § 445.914 Investigation by law enforcement officer.

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Sec. 14. A law enforcement officer in the state, if requested by the attorney general or a prosecuting attorney, shall aid and assist in an investigation of an alleged or actual violation of this act.

Mich. Comp. Laws § 445.915 Investigation and prosecution by prosecuting attorney.

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Sec. 15. A prosecuting attorney may conduct an investigation pursuant to this act and may institute and prosecute an action under this act in the same manner as the attorney general.

Mich. Comp. Laws § 445.916 Other causes of action not affected; inconsistent ordinance or regulation prohibited.

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Sec. 16. This act shall not affect any other cause of action which is available. A city, village, township, or county shall not enact an ordinance or other regulation inconsistent with this act or with a rule promulgated pursuant to this act.

Mich. Comp. Laws § 445.917 Investigation of financial institutions; subpoena; report.

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Sec. 17. (1) The commissioner of the financial institutions bureau may investigate, in the manner set forth in section 7, a state or federally chartered bank, savings and loan association, or credit union, or a regulatory loan licensee which the commissioner believes has engaged,…

Mich. Comp. Laws § 445.918 Investigation of public utilities; subpoena; report.

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Sec. 18. (1) The public service commission may investigate, in the manner set forth in section 7, a public utility subject to its jurisdiction pursuant to Act No. 3 of the Public Acts of 1939, as amended, being sections 460.1 to 460.8 of the Michigan Compiled Laws, the motor carr…

Mich. Comp. Laws § 445.919 Investigation of certain persons by cemetery commission; subpoena; report.

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Sec. 19. (1) The cemetery commission may investigate, in the manner set forth in section 7, a person subject to Act No. 251 of the Public Acts of 1968, as amended, being sections 456.521 to 456.543 of the Michigan Compiled Laws, who the commission believes has engaged, is engagin…

Mich. Comp. Laws § 445.920 Investigation of certain persons by director of department of energy, labor, and economic growth; subpoena; report.

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Sec. 20. (1) The director of the department of energy, labor, and economic growth may investigate, in the manner set forth in section 7, a person subject to the uniform securities act, 1964 PA 265, MCL 451.501 to 451.818; the uniform securities act (2002), 2008 PA 551, MCL 451.21…

Mich. Comp. Laws § 445.921 Investigation of certain persons by commissioner of insurance; subpoena; report.

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Sec. 21. (1) The commissioner of insurance may investigate, in the manner set forth in section 7, a person subject to Act No. 218 of the Public Acts of 1956, as amended, being sections 500.100 to 500.8302 of the Michigan Compiled Laws, who the commissioner believes has engaged, i…

Mich. Comp. Laws § 445.922 Effective date.

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Sec. 22. This act shall take effect April 1, 1977.