Title 445, TRADE AND COMMERCE

Sec. 1. (1) For a sale of goods, services, or memberships whose value equals or exceeds $500.00, if the buyer has been offered anything of more than $25.00 in value in exchange for attending a sales promotion for those goods, services, or memberships, in addition to any other rig…

Sec. 1. There is hereby established a committee to be officially known as the legislative citizens committee on consumer affairs and to consist of 3 members who are not members of the legislature. The members of this committee shall be appointed by the legislative council for 2-y…

Sec. 2. There is hereby established a committee of public officials to be officially known as the executive committee on consumer affairs and to consist of 3 members who shall be the secretary of state, the attorney general and the head of the department of commerce.

Sec. 3. There is hereby established a committee of 3 persons who are not public officers to be officially known as the governor's citizens committee on consumer affairs. The members of this committee shall be appointed by the governor for 2-year terms to coincide with the terms o…

Sec. 4. (1) The legislative citizens' committee on consumer affairs, the executive committee on consumer affairs, and the governor's citizens committee on consumer affairs shall meet together regularly. The 3 separate committees meeting jointly shall be the special Michigan consu…

Sec. 5. Members of the legislative citizens committee on consumer affairs and members of the governor's citizens committee on consumers affairs shall be entitled to the necessary expenses incurred in connection with the business of the council not to exceed those allowed by the s…

Sec. 6. The council shall: (a) Formulate and direct a program for the protection of individual consumers from harmful products and merchandise, false advertising and deceptive sales practices. (b) Formulate and conduct a program of research and education to eliminate fraudulent c…

Sec. 7. The council may: (a) Appear before governmental commissions, departments and agencies to represent and be heard on behalf of consumers' interests, except when the legislature has specifically established a regulatory body or commission for the express purpose of regulatin…

Sec. 8. The council shall come under the general control of the legislative council for purposes of budgeting, procurement and related management functions.

Sec. 9. There is appropriated to the consumer council from the general fund of the state the sum of $10,000.00 for the fiscal year ending June 30, 1967.

Sec. 1. This act shall be known and may be cited as the "homeowner protection fund act".

Sec. 2. (1) The homeowner protection fund is created in the state treasury. The state treasurer shall be the administrator of the fund. Except for auditing purposes, the state treasurer shall administer the fund in consultation with the department of the attorney general. The sta…

Sec. 1. This act shall be known and may be cited as the "cooperative identity protection act".

Sec. 2. As used in this act: (a) "Consumer protection act" means the Michigan consumer protection act, Act No. 331 of the Public Acts of 1976, being sections 445.901 to 445.922 of the Michigan Compiled Laws. (b) "Person" means an individual, partnership, cooperation, association,…

Sec. 3. Unfair, unconscionable, or deceptive methods, acts or practices with respect to the use of the terms cooperative, co-op, or any variation thereof in the conduct of trade or commerce are unlawful and are defined as follows: (a) Using the terms "cooperative", "co-op", or an…

Sec. 4. The attorney general shall have the following powers to enforce this act: (a) To bring an action for a temporary or permanent injunction in the manner provided in section 5 of the consumer protection act. (b) To accept an assurance of discontinuance in the manner provided…

Sec. 5. (1) Whether or not the person seeks damages or has an adequate remedy at law, a person may bring an action to do either of the following: (a) Obtain a declaratory judgment that a method, act, or practice is unlawful under section 3. (b) Enjoin in accordance with the princ…

Sec. 6. This act shall take effect January 1, 1985.

Sec. 7. This act shall not take effect unless House Bill No. 4335 of the 82nd Legislature is enacted into law.

Sec. 1. This act shall be known and may be cited as the "Michigan consumer protection act".

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…

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 …

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 …

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…

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 …

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…

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…

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…

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.

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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. …

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 …

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 …

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, …

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…

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…