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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

762 sections·Filtered byTitle 445✕

Mich. Comp. Laws § 445.317 Display of total price of consumer item offered for sale; exceptions.
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Sec. 7. (1) Except as otherwise provided in subsection (2), a person shall display the total price of a consumer item offered for sale at retail at the place of the retail sale. (2) Subsection (1) does not apply to any of the following: (a) A consumer item that is sold by weight …
Mich. Comp. Laws § 445.318 Charging higher price than price displayed on item; violation.
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Sec. 8. (1) A person shall not knowingly charge or attempt to charge for a consumer item that is subject to section 7 a retail sale price that is higher than the price displayed for that item. (2) It is not a violation of subsection (1) to charge a total price for a consumer item…
Mich. Comp. Laws § 445.319 Applicability of section to certain sales; conditions; loss suffered by buyer; notification; recovery; action brought by buyer; section inapplicable to seller intentionally charging more than displayed price.
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Sec. 9. (1) Except as provided in subsection (4), this section applies to a sale at retail that meets all of the following conditions: (a) There is a price displayed for the consumer item. (b) The sale is recorded by an automatic checkout system. (c) The buyer is given a receipt …
Mich. Comp. Laws § 445.320 Injunction; proceeding; assurance of discontinuance of act or practice; forwarding of notice of violation; civil fine; rules.

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Sec. 10. (1) The attorney general may maintain an action to enjoin a continuing violation of this act. If the court finds that the defendant is violating or has violated this act, it shall enjoin the defendant from continuing that violation. It is not necessary that actual damage…

Mich. Comp. Laws § 445.321 Public consumer education program; purpose; appropriation; internet website.

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Sec. 11. (1) For the fiscal year ending September 30, 2011, $100,000.00 is appropriated from the general fund to the department of attorney general to develop and implement a public consumer education program to provide general information and advice regarding the advertising and…

Mich. Comp. Laws § 445.322 Individual or class action.

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Sec. 12. (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 if the attorney general or prosecuting attorney fails to initiate action within 60 days after receiving notice of an alleged vio…

Mich. Comp. Laws § 445.323 Investigation by prosecuting attorney; action.

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Sec. 13. A prosecuting attorney may conduct an investigation under this act and may institute and prosecute an action under this act in the same manner as the attorney general.

Mich. Comp. Laws § 445.324 Remedies; enactment of inconsistent ordinances or regulations.

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Sec. 14. (1) The remedies provided under this act are the exclusive remedies for violations of section 4, 7, 8, or 9. (2) A city, village, township, or county shall not enact an ordinance or other regulation that is inconsistent with this act or with a rule promulgated under this…

Mich. Comp. Laws § 445.2002 Transfer of powers and duties of state survey and remonumentation commission, scientific advisory commission, and committees created by MCL 722.112(2) to the director of the department of consumer and industry services by type III transfer; transfer of authority of liquor control commission to designate member as chairperson to governor; transfer of powers and duties of state exposition and fairgrounds office from director of department of consumer and industry services to director of agriculture; transfer of state exposition and fairgrounds council to department of agriculture by type II transfer; renaming of mobile home commission as manufactured housing commission and transfer of powers and duties from department of consumer and industry services to manufactured housing commission.

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WHEREAS, Article V, Section 1 of the Constitution of the State of Michigan of 1963 vests the executive power in the Governor; and WHEREAS, the reorganization of the state's licensing, permitting and registration functions into the Department of Consumer and Industry Services has …

Mich. Comp. Laws § 445.2022 Transfer of powers and duties of personnel agency board to department of labor and economic growth by type III transfer; abolishment of personnel agency board.

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WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor; WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the executive…

Mich. Comp. Laws § 445.2023 Transfer of powers and duties of board of landscape architects to department of labor and economic growth by type III transfer; abolishment of board of landscape architects.

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WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor; WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the executive…

Mich. Comp. Laws § 445.2024 Transfer of powers and duties of state board of forensic polygraph examiners to department of labor and economic growth by type III transfer; abolishment of state board of forensic polygraph examiners.

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WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor; WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the executive…

Mich. Comp. Laws § 445.1992 Establishment of new Asian Pacific American affairs commission in department of energy, labor, and economic growth; transfer of powers and duties of advisory council on Asian Pacific American affairs to new Asian Pacific American affairs commission; abolishment of advisory council on Asian Pacific American Affairs.

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WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor; WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the executive…

Mich. Comp. Laws § 445.2028 Transfer of private sector advisory task force to department of energy, labor, and economic growth by type III transfer; abolishment of private sector advisory task force.

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WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor; WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the executive…

Mich. Comp. Laws § 445.2027 Transfer of powers and duties of superintendent of public instruction under MCL 380.1263 to department of energy, labor, and economic growth by type II transfer.

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WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor; WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the executive…

Mich. Comp. Laws § 445.2012 Establishment of disability concerns commission within department of energy, labor, and economic growth; transfer of powers and duties of commission on disability concerns to disability concerns commission; abolishment of commission on disability concerns.

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WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor; WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the executive…

Mich. Comp. Laws § 445.2029 Transfer of building officials advisory board to department of energy, labor, and economic growth by type III transfer; abolishment of building officials advisory board.

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WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor; WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the executive…

Mich. Comp. Laws § 445.131 Unsolicited merchandise; rights of recipients.

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Sec. 1. No person, firm, partnership, association or corporation, or agent or employee thereof, in any manner, or by any means, shall offer for sale goods where the offer includes the voluntary and unsolicited sending of goods by mail or otherwise not actually ordered or requeste…

Mich. Comp. Laws § 445.1921 Short title.

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Sec. 1. This act shall be known and may be cited as the "recreational vehicle franchise act".

Mich. Comp. Laws § 445.1923 Definitions.

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Sec. 3. As used in this act: (a) "Area of sales responsibility" means a geographical area agreed to by a dealer and the manufacturer in a dealer agreement in which the dealer has the exclusive right to display or sell the manufacturer's new recreational vehicles of a particular l…

Mich. Comp. Laws § 445.1925 Sale of recreational vehicles; dealer agreement required; dealer's area of sales responsibility; sale outside of designated area; principal of dealer; designation or successor plan.

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Sec. 5. (1) A manufacturer shall not sell a recreational vehicle in the state to or through a dealer unless the manufacturer has a dealer agreement with the dealer that meets the requirements of this act and is signed by both parties. (2) Except as provided in subsection (4), a d…

Mich. Comp. Laws § 445.1927 Publication of prices, charges, and terms of sale; offer of rebate, discount, or program; imposition of certain requirements in renewal of dealer agreement; limitation.

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Sec. 7. (1) A manufacturer shall from time to time publish its prices, charges, and terms of sale for recreational vehicles and may only sell a recreational vehicle to a dealer in accordance with the published prices, charges, and terms of sale in effect at the time of sale. (2) …

Mich. Comp. Laws § 445.1929 Termination or nonrenewal of dealer agreement by manufacturer; good cause required; burden; factors; notice; option by manufacturer to repurchase from dealer; return of items; "good cause" defined.

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Sec. 9. (1) A manufacturer, directly or through any officer, agent, or employee, may not terminate or not renew a dealer agreement without good cause. (2) A manufacturer has the burden of showing good cause for terminating or not renewing a dealer agreement. All of the following …

Mich. Comp. Laws § 445.1931 Termination or nonrenewal of dealer agreement by dealer; good cause required; provisions applicable to termination.

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Sec. 11. (1) A dealer may not terminate a dealer agreement without good cause. A dealer that terminates a dealer agreement shall provide the manufacturer with written notice at least 90 days before the effective date of the termination. (2) All of the following apply to a termina…

Mich. Comp. Laws § 445.1933 Sale of line-make after termination or nonrenewal.

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Sec. 13. The department may not prohibit a dealer from selling a particular line-make after a dealer agreement has been terminated or not renewed under section 9 or 11. If recreational vehicles of a line-make are not returned or required to be returned to the manufacturer, the de…

Mich. Comp. Laws § 445.1935 Change of ownership; death, incapacity, or retirement of designated principal.

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Sec. 15. (1) All of the following apply to a proposed sale of the business assets, transfer of the stock, or other transaction that will result in a change of ownership of a dealer, except a transaction described in subsection (2): (a) The dealer must provide written notice to th…

Mich. Comp. Laws § 445.1937 Warrantor; obligations; audits; submission of claims; notice of inability to perform warranty repairs; approval or disapproval of claim by warrantor.

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Sec. 17. (1) A warrantor has all of the following obligations to each dealer engaged in the sale or lease of products that are covered by a warranty from that warrantor: (a) To specify in writing to the dealer the dealer's obligations, if any, for preparation, delivery, and warra…

Mich. Comp. Laws § 445.1939 Warrantor; prohibited conduct; indemnification; "products" and "warranted products" defined.

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Sec. 19. (1) A warrantor shall not do any of the following: (a) Fail to perform all of its warranty obligations with respect to a warranted product. (b) In any written notice of a factory campaign to recreational vehicle owners and dealers, fail to include the expected date by wh…

Mich. Comp. Laws § 445.1941 Dealer; prohibited conduct; indemnification.

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Sec. 21. (1) A dealer shall not do any of the following: (a) Fail to perform predelivery inspection of products, if required, in a competent and timely manner. (b) If a transient customer requests service work on a recreational vehicle of a line-make that the dealer is authorized…

Mich. Comp. Laws § 445.1943 Damage of recreational vehicle before shipment or while in transit; inspection and rejection; unreasonable number of miles on odometer.

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Sec. 23. (1) All of the following apply if a new recreational vehicle is damaged before it is shipped to a dealer, or is damaged in transit to the dealer and the manufacturer selected the carrier or means of transportation: (a) The dealer shall notify the manufacturer of the dama…

Mich. Comp. Laws § 445.1945 Coercion; prohibitions; definition.

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Sec. 25. (1) A manufacturer may not coerce or attempt to coerce a dealer to purchase a product or service that the dealer did not order. (2) A manufacturer may not coerce or attempt to coerce a dealer to enter into any agreement with the manufacturer. (3) A manufacturer may not c…

Mich. Comp. Laws § 445.1947 Violation of act; civil action; attorney fees; venue; mediation; written demand; service; selection of mediator; filing of complaint, petition, protest, or other action; order suspending action; costs.

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Sec. 27. (1) A dealer, manufacturer, or warrantor injured by another party's violation of this act may bring a civil action in circuit court to recover its actual damages. The court shall award attorney's fees and costs to the prevailing party in a civil action under this section…

Mich. Comp. Laws § 445.1949 Injunction; bond.

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Sec. 29. (1) In addition to any remedy available under this act or otherwise available by law, a manufacturer, warrantor, or dealer may apply to a circuit court for the grant, after a hearing and for cause shown, of a temporary or permanent injunction or other equitable relief re…

Mich. Comp. Laws § 445.2501 Short title.

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Sec. 1. This act shall be known and may be cited as the "unsolicited commercial e-mail protection act".

Mich. Comp. Laws § 445.2502 Definitions.

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Sec. 2. As used in this act: (a) "Commercial e-mail" means an electronic message, file, data, or other information promoting the sale, lease, or exchange of goods, services, real property, or any other thing of value that is transmitted between 2 or more computers, computer netwo…

Mich. Comp. Laws § 445.2503 Unsolicited commercial e-mail; requirements.

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Sec. 3. A person who intentionally sends or causes to be sent an unsolicited commercial e-mail through an e-mail service provider that the sender knew or should have known is located in this state or to an e-mail address that the sender knew or should have known is held by a resi…

Mich. Comp. Laws § 445.2504 Unsolicited commercial e-mail; prohibited conduct; policies and records.

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Sec. 4. (1) A person who sends or causes to be sent an unsolicited commercial e-mail through an e-mail service provider located in this state or to an e-mail address held by a resident of this state shall not do any of the following: (a) Use a third party's internet domain name o…

Mich. Comp. Laws § 445.2505 Selling, giving, or distributing software; restrictions.

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Sec. 5. A person shall not knowingly sell, give, or otherwise distribute or possess with the intent to sell, give, or distribute software that does any of the following: (a) Is primarily designed or produced for the purpose of facilitating or enabling the falsification of commerc…

Mich. Comp. Laws § 445.2506 Notice of requirements; dispute resolution process.

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Sec. 6. (1) An e-mail service provider may design its software so that a sender of unsolicited commercial e-mail is given notice of the requirements of this act each time the sender requests delivery of e-mail. The existence of such software shall constitute actual notice to the …

Mich. Comp. Laws § 445.2507 Violation; penalty; separate violations; evidence; defense.

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Sec. 7. (1) Except as otherwise provided under subsection (2), a person who violates this act is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $10,000.00, or both. (2) A person who violates section 4 or violates this act in…

Mich. Comp. Laws § 445.2508 Civil action; recovery; costs and attorney fees.

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Sec. 8. (1) A civil action may be brought by a person who received an unsolicited commercial e-mail in violation of this act. (2) A civil action may be brought by an e-mail service provider through whose facilities the unsolicited commercial e-mail was transmitted in violation of…

Mich. Comp. Laws § 445.1771 Definitions.

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Sec. 1. As used in this act: (a) "Advertisement" means a message or material transmitted over a facsimile machine for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase of real property, goods, or services. (b) "Department" means the depar…

Mich. Comp. Laws § 445.1772 Sending advertisement by facsimile machine; consent.

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Sec. 2. (1) A person shall not send an advertisement to another person by means of a facsimile machine without first obtaining, by means other than by a facsimile machine, the consent of the person who will receive the advertisement. (2) Consent may be given by telephone to a par…

Mich. Comp. Laws § 445.1773 Notice of violation; cease and desist order; opportunity to confer; service.

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Sec. 3. (1) If the attorney general has reason to believe that a person has engaged, is engaging, or is about to engage in an act that violates section 2, he or she shall notify the person of the violation and order the person to cease and desist from the act and provide the pers…

Mich. Comp. Laws § 445.1774 Assurance of discontinuance.

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Sec. 4. (1) The attorney general may accept an assurance of discontinuance of an act which is a violation under section 2 from the person who has engaged, is engaging, or is about to engage in the act. (2) Except for an action commenced pursuant to section 5, the assurance shall …

Mich. Comp. Laws § 445.1775 Injunction, order, decree, or judgment; civil fine; jurisdiction.

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Sec. 5. (1) If the attorney general has probable cause to believe a person has continued to violate this act after notice has been provided under section 3 or that the person has violated an assurance of discontinuance entered under section 4, the attorney general may bring an ac…

Mich. Comp. Laws § 445.1776 Civil suit.

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Sec. 6. A person who receives an advertisement in violation of this act may file a civil suit in the court of proper jurisdiction to recover actual damages or $500.00, whichever is greater, plus reasonable attorney fees, if any of the following occurred before the person received…

Mich. Comp. Laws § 445.31 Short title.

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Sec. 1. This act shall be known and may be cited as the "mail and mail depository protection act".

Mich. Comp. Laws § 445.32 Definitions.

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Sec. 2. As used in this act: (a) "Mail" means a letter, postal card, package, bag, or any other article or thing contained therein, or other sealed article addressed to a person. (b) "Person" means an individual, partnership, corporation, limited liability company, association, o…

Mich. Comp. Laws § 445.33 Taking, holding, concealing, or destroying mail addressed to another person; prohibited conduct; violation as a crime; penalties; applicable whether alive or deceased.

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Sec. 3. (1) A person shall not take, hold, conceal, or destroy mail addressed to another person with the intent to defraud any person or deprive the person to whom the mail was addressed of the mail. (2) A person who violates this section is guilty of a crime punishable as follow…