reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 162 of 1995 - Credit Reform Act (445.1851 - 445.1864) › Section 445.1851 - Short Title.

445.1851 Short title.
Sec. 1.
This act shall be known and may be cited as the "credit reform act".
History:
1995, Act 162, Eff. Mar. 28, 1996
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibility of the financial institutions bureau and the commissioner of the financial institutions bureau to the commissioner of the office of financial and insurance services and the office of financial and insurance services by type III transfer, see E.R.O. No. 2000-2, compiled at MCL 445.2003 of the Michigan compiled laws.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 162 of 1995 - Credit Reform Act (445.1851 - 445.1864) › Section 445.1853 - Scope of Act.

445.1853 Scope of act.
Sec. 3.
This act does not authorize a regulated lender to make an extension of credit of a type that is not permitted by the act under which the regulated lender is chartered, organized, licensed, regulated, or otherwise authorized to extend credit.
History:
1995, Act 162, Eff. Mar. 28, 1996
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibility of the financial institutions bureau and the commissioner of the financial institutions bureau to the commissioner of the office of financial and insurance services and the office of financial and insurance services by type III transfer, see E.R.O. No. 2000-2, compiled at MCL 445.2003 of the Michigan compiled laws.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 162 of 1995 - Credit Reform Act (445.1851 - 445.1864) › Section 445.1854 - Charge, Collection, and Receipt of Interest Rate or Finance Charge; Maximum Rate; Computation.

445.1854 Charge, collection, and receipt of interest rate or finance charge; maximum rate; computation.
Sec. 4.
(1) Except as provided in subsection (2), a regulated lender may charge, collect, and receive any rate of interest or finance charge for an extension of credit not to exceed 25% per annum.
(2) A depository institution may charge, collect, and receive any rate of interest or finance charge for a credit card arrangement.
(3) Except for a fee or charge provided for in section 6 or 7, in connection with an extension of credit made to an individual for personal, family, or household purposes, the interest or finance charge that is calculated on the principal balance shall be computed only on the basis of the unpaid balance.
History:
1995, Act 162, Eff. Mar. 28, 1996
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibility of the financial institutions bureau and the commissioner of the financial institutions bureau to the commissioner of the office of financial and insurance services and the office of financial and insurance services by type III transfer, see E.R.O. No. 2000-2, compiled at MCL 445.2003 of the Michigan compiled laws.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 162 of 1995 - Credit Reform Act (445.1851 - 445.1864) › Section 445.1855 - Credit Sale Under MCL 445.1101 to 445.1431 or MCL 492.101 to 492.141; Written Agreement; Precomputed Interest Provision.

445.1855 Credit sale under MCL 445.1101 to 445.1431 or MCL 492.101 to 492.141; written agreement; precomputed interest provision.
Sec. 5.
The written agreement made in connection with a credit sale under the home improvement finance act, Act No. 332 of the Public Acts of 1965, being sections 445.1101 to 445.1431 of the Michigan Compiled Laws, or the motor vehicle sales finance act, Act No. 27 of the Public Acts of the Extra Session of 1950, being sections 492.101 to 492.141 of the Michigan Compiled Laws, may provide for precomputed interest or its equivalent if any rebate due at prepayment in full is computed according to the actuarial method.
History:
1995, Act 162, Eff. Mar. 28, 1996
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibility of the financial institutions bureau and the commissioner of the financial institutions bureau to the commissioner of the office of financial and insurance services and the office of financial and insurance services by type III transfer, see E.R.O. No. 2000-2, compiled at MCL 445.2003 of the Michigan compiled laws.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 162 of 1995 - Credit Reform Act (445.1851 - 445.1864) › Section 445.1856 - Regulated Lender; Authority to Charge Fee for Late Payment or Dishonored Check; Fee or Charge Not Considered as Interest; Excessive Fee or Charge.

445.1856 Regulated lender; authority to charge fee for late payment or dishonored check; fee or charge not considered as interest; excessive fee or charge.
Sec. 6.
(1) Except for depository institutions and as otherwise provided by law, a regulated lender may do any of the following:
(a) Require the borrower to pay a processing fee in connection with making, closing, disbursing, extending, readjusting, or renewing an extension of credit. The processing fee allowed under this subdivision shall not exceed 2% of the amount of the extension of credit.
(b) Charge the borrower a late fee for an installment payment that is received by the regulated lender after the expiration of an agreed-upon grace period following the date on which the payment was due.
(c) A late fee allowed by this subdivision shall not exceed $15.00 or 5% of the installment payment, whichever is greater.
(2) A regulated lender may charge a fee not to exceed $25.00 for a check or other payment instrument that is dishonored because of insufficient funds in the account on which the check or instrument is drawn.
(3) A fee or charge allowed by this section is not considered interest.
(4) A regulated lender shall not require a borrower or buyer to pay an excessive fee or charge.
History:
1995, Act 162, Eff. Mar. 28, 1996
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibility of the financial institutions bureau and the commissioner of the financial institutions bureau to the commissioner of the office of financial and insurance services and the office of financial and insurance services by type III transfer, see E.R.O. No. 2000-2, compiled at MCL 445.2003 of the Michigan compiled laws.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 162 of 1995 - Credit Reform Act (445.1851 - 445.1864) › Section 445.1857 - Fees or Charges Servicing Extension of Credit; Charge, Collection, and Receipt by Depository Institution; Credit Card Arrangement Fees and Charges Considered as Interest; Excessive Fee or Charge.

445.1857 Fees or charges servicing extension of credit; charge, collection, and receipt by depository institution; credit card arrangement fees and charges considered as interest; excessive fee or charge.
Sec. 7.
(1) In addition to the interest or finance charges that are authorized under section 4, a depository institution may charge, collect, and receive from a borrower or buyer all fees and charges that are agreed to or accepted by the borrower or buyer including those relating to making, closing, processing, disbursing, extending, committing to extend, readjusting, renewing, collecting payments upon, or otherwise servicing an extension of credit or any occurrence or transaction related to an extension of credit.
(2) For any credit card arrangement, all fees and charges allowed by this section are considered interest.
(3) A depository institution shall not require a borrower or buyer to pay an excessive fee or charge.
History:
1995, Act 162, Eff. Mar. 28, 1996
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibility of the financial institutions bureau and the commissioner of the financial institutions bureau to the commissioner of the office of financial and insurance services and the office of financial and insurance services by type III transfer, see E.R.O. No. 2000-2, compiled at MCL 445.2003 of the Michigan compiled laws.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 162 of 1995 - Credit Reform Act (445.1851 - 445.1864) › Section 445.1858 - Certain Provisions in Written Agreement as Void and Unenforceable.

445.1858 Certain provisions in written agreement as void and unenforceable.
Sec. 8.
Any of the following provisions contained in a written document made in connection with an extension of credit to an individual for personal, family, or household purposes are void and unenforceable:
(a) A power of attorney to confess a judgment.
(b) Unless otherwise expressly provided for by law, a waiver of a borrower's or buyer's rights under this act.
(c) Except as authorized by this act, an agreement by a borrower or buyer to pay a penalty. Late payment and prepayment charges are not penalties.
History:
1995, Act 162, Eff. Mar. 28, 1996
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibility of the financial institutions bureau and the commissioner of the financial institutions bureau to the commissioner of the office of financial and insurance services and the office of financial and insurance services by type III transfer, see E.R.O. No. 2000-2, compiled at MCL 445.2003 of the Michigan compiled laws.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 162 of 1995 - Credit Reform Act (445.1851 - 445.1864) › Section 445.1859 - Additional Financial Services as Condition for Loan Approval Prohibited; Offer of Services; Certain Transactions or Requirements Not Prohibited; Applicability of Section to Depository Institution Subject to 12 u.s.c. 1972; Definitions.

445.1859 Additional financial services as condition for loan approval prohibited; offer of services; certain transactions or requirements not prohibited; applicability of section to depository institution subject to 12 U.S.C. 1972; definitions.
Sec. 9.
(1) A regulated lender shall not require as a condition of approving a loan that the borrower contract for 1 or more additional financial services offered by the regulated lender or a particular service provider designated by the regulated lender.
(2) This section does not preclude a regulated lender from offering a combination of 2 or more services under prices or terms that are more favorable to the borrower than the prices or terms the services would be offered separately.
(3) This section does not prohibit a transaction or requirement that is not prohibited by federal law.
(4) This section does not apply to a requirement by a depository institution subject to 12 U.S.C. 1972 or by an affiliate of 1 or more of such depository institutions.
(5) As used in this section:
(a) "Affiliate" means a person that controls, is controlled by, or is under common control with 1 or more depository institutions.
(b) "Control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a person.
History:
1995, Act 162, Eff. Mar. 28, 1996
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibility of the financial institutions bureau and the commissioner of the financial institutions bureau to the commissioner of the office of financial and insurance services and the office of financial and insurance services by type III transfer, see E.R.O. No. 2000-2, compiled at MCL 445.2003 of the Michigan compiled laws.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 162 of 1995 - Credit Reform Act (445.1851 - 445.1864) › Section 445.1860 - Written Complaint Alleging Violation of Act; Duty of Commissioner.

445.1860 Written complaint alleging violation of act; duty of commissioner.
Sec. 10.
Upon receipt of a written complaint alleging a violation of this act by a regulated lender, the commissioner shall do 1 of the following:
(a) Investigate the complaint if the regulated lender is chartered, licensed, or regulated by the commissioner.
(b) If the regulated lender is not subject to the jurisdiction of the commissioner, forward the complaint to the appropriate regulatory or investigatory authority.
History:
1995, Act 162, Eff. Mar. 28, 1996
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibility of the financial institutions bureau and the commissioner of the financial institutions bureau to the commissioner of the office of financial and insurance services and the office of financial and insurance services by type III transfer, see E.R.O. No. 2000-2, compiled at MCL 445.2003 of the Michigan compiled laws.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 162 of 1995 - Credit Reform Act (445.1851 - 445.1864) › Section 445.1861 - Action by Attorney General, Prosecuting Attorney, or Borrower; Recovery of Interest or Other Charges; Attorney Fees and Court Costs; Class Action.

445.1861 Action by attorney general, prosecuting attorney, or borrower; recovery of interest or other charges; attorney fees and court costs; class action.
Sec. 11.
(1) The attorney general, the prosecuting attorney for the county where an alleged violation occurred, or a borrower may bring an action against a regulated lender to do 1 or more of the following:
(a) Obtain a declaratory judgment that a method, act, or practice of a regulated lender is a violation of this act.
(b) Enjoin a regulated lender who is engaging or about to engage in a method, act, or practice that is a violation of this act.
(c) Recover $1,000.00 and actual damages if the alleged violation of this act was committed by a regulated lender for a non-credit card arrangement or $1,500.00 and actual damages if the alleged violation involved any other credit arrangements.
(d) Recover reasonable attorney fees and the costs in connection with bringing an action under this act if the regulated lender is found to have violated this act.
(e) In an action brought by the attorney general or a county prosecutor, recover a civil fine of not more than $10,000.00 if the regulated lender is found to have willfully and knowingly violated this act and $20,000.00 if the regulated lender is found to have persistently violated this act.
(2) Except for a violation described in section 12, a regulated lender who violates this act in the extension of credit to a borrower or buyer shall not recover any interest or other charges in connection with the extension of credit. The borrower or buyer may recover reasonable attorney fees and court costs for enforcing this subsection or in defending against a cause of action brought by a regulated lender who has violated this act.
(3) The attorney general or a borrower may bring a class action on behalf of persons injured by a violation of this act.
History:
1995, Act 162, Eff. Mar. 28, 1996
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibility of the financial institutions bureau and the commissioner of the financial institutions bureau to the commissioner of the office of financial and insurance services and the office of financial and insurance services by type III transfer, see E.R.O. No. 2000-2, compiled at MCL 445.2003 of the Michigan compiled laws.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 162 of 1995 - Credit Reform Act (445.1851 - 445.1864) › Section 445.1862 - Violation of Act; Exceptions.

445.1862 Violation of act; exceptions.
Sec. 12.
(1) A regulated lender is not liable for a violation of this act if the regulated lender has fully complied with the federal truth-in-lending act, Public Law 90-321, 15 U.S.C. 1601 to 1667e and shows that the violation was an unintentional and bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid the error. Examples of a bona fide error include clerical, calculation, computer malfunction, programming, or printing errors. An error in legal judgment with respect to a person's obligations under this act is not a bona fide error.
(2) A regulated lender is not liable for a violation of this act if, within 60 days after discovering the violation and before the institution of an action under section 11, the regulated lender notifies the borrower or buyer of the violation and corrects the violation in a manner that, to the extent it is reasonably possible to do so, restores the borrower or buyer to the position in which the borrower or buyer would have been if the violation had not occurred.
(3) The burden of proving that a violation was an unintentional and bona fide error is on the regulated lender.
History:
1995, Act 162, Eff. Mar. 28, 1996
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibility of the financial institutions bureau and the commissioner of the financial institutions bureau to the commissioner of the office of financial and insurance services and the office of financial and insurance services by type III transfer, see E.R.O. No. 2000-2, compiled at MCL 445.2003 of the Michigan compiled laws.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 162 of 1995 - Credit Reform Act (445.1851 - 445.1864) › Section 445.1863 - Enforcement of Other Laws Not Limited.

445.1863 Enforcement of other laws not limited.
Sec. 13.
This act does not limit the authority of the commissioner, the attorney general, or a county prosecutor to enforce any law under which a regulated lender is chartered, organized, licensed, regulated, or otherwise authorized to extend credit.
History:
1995, Act 162, Eff. Mar. 28, 1996
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibility of the financial institutions bureau and the commissioner of the financial institutions bureau to the commissioner of the office of financial and insurance services and the office of financial and insurance services by type III transfer, see E.R.O. No. 2000-2, compiled at MCL 445.2003 of the Michigan compiled laws.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 162 of 1995 - Credit Reform Act (445.1851 - 445.1864) › Section 445.1864 - Validity of Transactions, Rates of Interest, Fees, or Charges.

445.1864 Validity of transactions, rates of interest, fees, or charges.
Sec. 14.
This act does not impair the validity of a transaction, rate of interest, fee, or charge that is otherwise lawful.
History:
1995, Act 162, Eff. Mar. 28, 1996
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibility of the financial institutions bureau and the commissioner of the financial institutions bureau to the commissioner of the office of financial and insurance services and the office of financial and insurance services by type III transfer, see E.R.O. No. 2000-2, compiled at MCL 445.2003 of the Michigan compiled laws.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 448 of 1998 - Uniform Trade Secrets Act (445.1901 - 445.1910) › Section 445.1901 - Short Title.

445.1901 Short title.
Sec. 1.
This act shall be known and may be cited as the "uniform trade secrets act".
History:
1998, Act 448, Imd. Eff. Dec. 30, 1998
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 448 of 1998 - Uniform Trade Secrets Act (445.1901 - 445.1910) › Section 445.1902 - Definitions.

445.1902 Definitions.
Sec. 2.
As used in this act:
(a) "Improper means" includes theft, bribery, misrepresentation, breach, or inducement of a breach of a duty to maintain secrecy or espionage through electronic or any other means.
(b) "Misappropriation" means either of the following:
(i) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means.
(ii) Disclosure or use of a trade secret of another without express or implied consent by a person who did 1 or more of the following:
(A) Used improper means to acquire knowledge of the trade secret.
(B) At the time of disclosure or use, knew or had reason to know that his or her knowledge of the trade secret was derived from or through a person who had utilized improper means to acquire it, acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use, or derived from or through a person who owed a duty to the person to maintain its secrecy or limit its use.
(C) Before a material change of his or her position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.
(c) "Person" means an individual, corporation, partnership, association, governmental entity, or any other legal entity.
(d) "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that is both of the following:
(i) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.
(ii) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
History:
1998, Act 448, Imd. Eff. Dec. 30, 1998
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 448 of 1998 - Uniform Trade Secrets Act (445.1901 - 445.1910) › Section 445.1903 - Misappropriation; Injunction.

445.1903 Misappropriation; injunction.
Sec. 3.
(1) Actual or threatened misappropriation may be enjoined. Upon application to the court of competent jurisdiction, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
(2) If a court determines that it would be unreasonable to prohibit future use of a trade secret, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time the use could have been prohibited.
(3) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
History:
1998, Act 448, Imd. Eff. Dec. 30, 1998
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 448 of 1998 - Uniform Trade Secrets Act (445.1901 - 445.1910) › Section 445.1904 - Misappropriation; Recovery of Damages.

445.1904 Misappropriation; recovery of damages.
Sec. 4.
Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.
History:
1998, Act 448, Imd. Eff. Dec. 30, 1998
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 448 of 1998 - Uniform Trade Secrets Act (445.1901 - 445.1910) › Section 445.1905 - Award of Attorney's Fees.

445.1905 Award of attorney's fees.
Sec. 5.
If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party.
History:
1998, Act 448, Imd. Eff. Dec. 30, 1998
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 448 of 1998 - Uniform Trade Secrets Act (445.1901 - 445.1910) › Section 445.1906 - Trade Secret; Preservation of Secrecy.

445.1906 Trade secret; preservation of secrecy.
Sec. 6.
In an action under this act, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
History:
1998, Act 448, Imd. Eff. Dec. 30, 1998
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 448 of 1998 - Uniform Trade Secrets Act (445.1901 - 445.1910) › Section 445.1907 - Statute of Limitations; Continuing Misappropriation as Single Claim.

445.1907 Statute of limitations; continuing misappropriation as single claim.
Sec. 7.
An action for misappropriation must be brought within 3 years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
History:
1998, Act 448, Imd. Eff. Dec. 30, 1998
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 448 of 1998 - Uniform Trade Secrets Act (445.1901 - 445.1910) › Section 445.1908 - Other Laws and Remedies; Effect.

445.1908 Other laws and remedies; effect.
Sec. 8.
(1) Except as provided in subsection (2), this act displaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret.
(2) This act does not affect any of the following:
(a) Contractual remedies, whether or not based upon misappropriation of a trade secret.
(b) Other civil remedies that are not based upon misappropriation of a trade secret.
(c) Criminal remedies, whether or not based upon misappropriation of a trade secret.
History:
1998, Act 448, Imd. Eff. Dec. 30, 1998
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 448 of 1998 - Uniform Trade Secrets Act (445.1901 - 445.1910) › Section 445.1909 - Applicability and Construction of Act.

445.1909 Applicability and construction of act.
Sec. 9.
This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.
History:
1998, Act 448, Imd. Eff. Dec. 30, 1998
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 448 of 1998 - Uniform Trade Secrets Act (445.1901 - 445.1910) › Section 445.1910 - Effective Date.

445.1910 Effective date.
Sec. 10.
This act takes effect October 1, 1998 and does not apply to misappropriation occurring before the effective date. With respect to a continuing misappropriation that began before the effective date, this act does not apply to the continuing misappropriation that occurs after the effective date.
History:
1998, Act 448, Imd. Eff. Dec. 30, 1998
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 33 of 2009 - Recreational Vehicle Franchise Act (445.1921 - 445.1949) › Section 445.1921 - Short Title.

445.1921 Short title.
Sec. 1.
This act shall be known and may be cited as the "recreational vehicle franchise act".
History:
2009, Act 33, Eff. Dec. 1, 2009
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 33 of 2009 - Recreational Vehicle Franchise Act (445.1921 - 445.1949) › Section 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.

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.
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) If a manufacturer offers a dealer a rebate, discount, or program on any recreational vehicles, the manufacturer must offer the same rebate, discount, or program to every similarly situated dealer.
(3) In a renewal of a dealer agreement, the manufacturer may not impose on the dealer additional inventory stocking requirements or retail sales targets in excess of market growth in the dealer's area of sales responsibility.
History:
2009, Act 33, Eff. Dec. 1, 2009
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 33 of 2009 - Recreational Vehicle Franchise Act (445.1921 - 445.1949) › Section 445.1933 - Sale of Line-Make After Termination or Nonrenewal.

445.1933 Sale of line-make after termination or nonrenewal.
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 dealer may continue to sell all line-makes that were subject to the dealer agreement and are currently in stock until those line-makes are no longer in the dealer inventory.
History:
2009, Act 33, Eff. Dec. 1, 2009
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 33 of 2009 - Recreational Vehicle Franchise Act (445.1921 - 445.1949) › Section 445.1939 - Warrantor; Prohibited Conduct; Indemnification; "Products" and "Warranted Products" Defined.

445.1939 Warrantor; prohibited conduct; indemnification; "products" and "warranted products" defined.
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 which necessary parts and equipment, including tires and chassis or chassis parts if required, will be available to dealers to perform the campaign work. The warrantor shall provide sufficient parts to the dealer to perform the campaign work. If the number of parts provided to the dealer under this subdivision exceed the dealer's requirements to perform the campaign work, the dealer may return unused parts to the warrantor for credit after completion of the campaign.
(c) Subject to section 23, fail to compensate a dealer for authorized repairs of warranted products damaged during the manufacturing process, or damaged while in transit to the dealer if the warrantor selected the carrier.
(d) Fail to compensate a dealer for authorized warranty service under this section in accordance with the applicable schedule of compensation provided to the dealer under section 17 if the warranty service is performed in a timely and competent manner.
(e) Intentionally misrepresent in any way to a purchaser of a warranted product that any warranty concerning the manufacture, performance, or design of the warranted product is made by the dealer either as a warrantor or co-warrantor.
(f) Require a dealer to make warranties to customers in any manner related to the manufacture of a warranted product.
(2) A warrantor shall indemnify the dealer for any money paid or costs incurred by a dealer in connection with a claim or cause of action asserted against the dealer, to the extent that payment or those costs are based on the negligence or intentional conduct of the warrantor. A warrantor may not limit the obligation to indemnify described in this subsection by agreement with the dealer. The dealer shall provide a warrantor with a copy of any claim or complaint in which an allegation described in this subsection is made within 10 days after receiving that claim or complaint.
(3) As used in this section and section 21:
(a) "Products" mean new recreational vehicles or parts, accessories, or components of new recreational vehicles.
(b) "Warranted products" mean products subject to a warranty from a specific warrantor.
History:
2009, Act 33, Eff. Dec. 1, 2009
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 33 of 2009 - Recreational Vehicle Franchise Act (445.1921 - 445.1949) › Section 445.1941 - Dealer; Prohibited Conduct; Indemnification.

445.1941 Dealer; prohibited conduct; indemnification.
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 to display and sell, fail to perform any warranty service work authorized by a warrantor in a reasonably competent and timely manner without good cause.
(c) Make a fraudulent warranty claim to a warrantor.
(d) Misrepresent the terms of any warranty.
(2) A dealer shall indemnify a warrantor for any money paid or costs incurred by a warrantor in connection with a claim or cause of action asserted against the warrantor, to the extent that payment or those costs are based on the negligence or intentional conduct of the dealer. A dealer may not limit the obligation to indemnify described in this subsection by agreement with the warrantor. The warrantor shall provide a dealer with a copy of any claim or complaint in which an allegation described in this subsection is made within 10 days after receiving that claim or complaint.
History:
2009, Act 33, Eff. Dec. 1, 2009
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 33 of 2009 - Recreational Vehicle Franchise Act (445.1921 - 445.1949) › Section 445.1943 - Damage of Recreational Vehicle Before Shipment or While in Transit; Inspection and Rejection; Unreasonable Number of Miles on Odometer.

445.1943 Damage of recreational vehicle before shipment or while in transit; inspection and rejection; unreasonable number of miles on odometer.
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 damage within the time period specified in the dealer agreement and do 1 of the following:
(i) In the notice, request authorization to replace the components, parts, and accessories damaged, or otherwise correct the damage, from the manufacturer.
(ii) Reject the recreational vehicle within the time period specified in the dealer agreement.
(b) If the manufacturer refuses or fails to authorize repair of the damage within 10 days after receiving notice under subdivision (a), or if the dealer rejects the recreational vehicle because of the damage within the time period specified in the dealer agreement, ownership of the recreational vehicle reverts to the manufacturer.
(c) The dealer shall exercise due care in the custody of the damaged recreational vehicle, but the dealer has no financial or other obligation with respect to that recreational vehicle.
(2) A dealer agreement shall include a time period for inspection and rejection of damaged recreational vehicles under subsection (1) that is not less than 2 business days after the physical delivery of the recreational vehicle to the dealer.
(3) If a dealer determines that a new recreational vehicle has an unreasonable number of miles on its odometer at the time it is delivered to the dealer, the dealer may reject that recreational vehicle and ownership of the recreational vehicle reverts to the manufacturer. However, if the number of miles on the odometer is less than the sum of the distance between the dealer and the manufacturer's factory or point of distribution plus 100 miles, the dealer may not consider the number of miles on the odometer unreasonable for purposes of this subsection.
History:
2009, Act 33, Eff. Dec. 1, 2009
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 33 of 2009 - Recreational Vehicle Franchise Act (445.1921 - 445.1949) › Section 445.1945 - Coercion; Prohibitions; Definition.

445.1945 Coercion; prohibitions; definition.
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 coerce or attempt to coerce a dealer to enter into an agreement with the manufacturer or any other person that requires the dealer to submit its disputes to binding arbitration or otherwise waive its rights or responsibilities under this act.
(4) As used in this section, the term "coerce" includes, but is not limited to, threatening to terminate or not renew a dealer agreement without good cause; threatening to withhold line-makes or other product lines the dealer is entitled to display and sell under the dealer agreement; or delay delivery of recreational vehicles as an inducement to amend the dealer agreement.
History:
2009, Act 33, Eff. Dec. 1, 2009
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 33 of 2009 - Recreational Vehicle Franchise Act (445.1921 - 445.1949) › Section 445.1949 - Injunction; Bond.

445.1949 Injunction; bond.
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 restraining any person from doing any of the following:
(a) Acting as a dealer without a proper license.
(b) Violating or continuing to violate this act. A single violation of this act is a sufficient basis for the court to grant equitable relief under this section.
(c) Failing or refusing to comply with any requirement of this act.
(2) The court may not require a bond as a condition to the grant of equitable relief under this section.
History:
2009, Act 33, Eff. Dec. 1, 2009
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › E.R.O. No. 2002-6 - Executive Reorganization Order (445.1991 - 445.1991) › Section 445.1991 - Renaming Division on Deafness to Division on Deaf and Hard of Hearing; Renaming Advisory Council on Deafness to Advisory Council on Deaf and Hard of Hearing.

445.1991 Renaming division on deafness to division on deaf and hard of hearing; renaming advisory council on deafness to advisory council on deaf and hard of hearing.
WHEREAS, Article V, Section 1, of the Constitution of the state of Michigan of 1963 vests the executive power in the Governor; and
WHEREAS, Article V, Section 2, of the Constitution of the state of Michigan of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units which he considers necessary for efficient administration; and
WHEREAS, Act No. 72 of the Public Acts of 1937, as amended, being Section 408.201 et seq. of the Michigan Compiled Laws, created the Division on Deafness and the Advisory Council on Deafness within the Department of Labor; and
WHEREAS, Executive Order 1996-2, being Section 445.2001 of the Michigan Compiled Laws, transferred the Division on Deafness and the Advisory Council on Deafness from the Department of Labor to the Family Independence Agency; and
WHEREAS, the current names of the Division on Deafness and the Advisory Council on Deafness do not accurately describe the entire population served by those entities; and
WHEREAS, it is necessary in the interests of efficient administration and the effectiveness of government to effect changes in the organization of the Executive Branch of government.
NOW, THEREFORE, I, John Engler, Governor of the state of Michigan, pursuant to the powers vested in me by the Constitution of the state of Michigan of 1963 and the laws of the state of Michigan, do hereby order the following:
The Division on Deafness is hereby renamed the Division on Deaf and Hard of Hearing.
The Advisory Council on Deafness is hereby renamed the Advisory Council on Deaf and Hard of Hearing.
History:
2002, E.R.O. No. 2002-6, Eff. July 8, 2002
Compiler's Notes:
For transfer of the advisory council on deaf and hard of hearing from the family independence agency to the department of labor and economic growth by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 186 of 2012 - Plastic Bulk Merchandise Container Act (445.2071 - 445.2087) › Section 445.2071 - Short Title.

445.2071 Short title.
Sec. 1.
This act shall be known and may be cited as the "plastic bulk merchandise container act".
History:
2012, Act 186, Eff. Dec. 18, 2012
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 186 of 2012 - Plastic Bulk Merchandise Container Act (445.2071 - 445.2087) › Section 445.2073 - Definitions.

445.2073 Definitions.
Sec. 3.
As used in this act:
(a) "Dealer" means a person, including, but not limited to, a person that operates a business as a plastics recycler, processor, or shredder or reseller, that purchases plastic bulk merchandise containers from any seller other than the manufacturer of the bulk merchandise containers or an authorized dealer or distributor of those containers.
(b) "Documentation" means a signed statement that indicates where a person obtained a plastic bulk merchandise container offered for sale, indicates that a person is authorized to sell a plastic bulk merchandise container, or provides other evidence that reasonably demonstrates ownership of a plastic bulk merchandise container offered for sale and the source of the container.
(c) "Industrial or commercial account" means a person that sells plastic or plastic articles to a dealer from a fixed location pursuant to a written agreement with that dealer.
(d) "Person" means an individual, partnership, corporation, limited liability company, or other legal entity.
(e) "Plastic bulk merchandise container" means a plastic pallet, crate, container, or shell used by a producer, distributor, or retailer for the bulk transportation or storage of goods for sale at retail, including, but not limited to, food or beverages.
(f) "Record" means a paper, electronic, or other generally accepted method of storing information in a retrievable form.
(g) "Seller" means a person that sells, barters, or trades a plastic bulk merchandise container to a dealer.
History:
2012, Act 186, Eff. Dec. 18, 2012
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 186 of 2012 - Plastic Bulk Merchandise Container Act (445.2071 - 445.2087) › Section 445.2075 - Plastic Bulk Merchandise Container Transaction; Duties of Dealer; Sale by Individual.

445.2075 Plastic bulk merchandise container transaction; duties of dealer; sale by individual.
Sec. 5.
(1) A dealer that purchases 10 or more plastic bulk merchandise containers from a person in a single transaction shall do all of the following:
(a) Pay the seller of that container by check or with a similar financial instrument. A dealer may not purchase 10 or more plastic bulk merchandise containers for cash in a single transaction or as part of a barter or other similar trade transaction.
(b) Verify that the seller is at least 16 years of age.
(2) An individual shall not sell a plastic bulk merchandise container to a dealer unless he or she does all of the following at the time of sale:
(a) Presents to the dealer an operator's or chauffeur's license, military identification card, Michigan identification card, passport, or other government-issued identification document that includes a photograph and allows the dealer to make a photocopy or electronic copy of that document.
(b) Executes a written statement that certifies that the seller owns or is otherwise authorized to sell the plastic bulk merchandise container to the dealer and that the seller has not been convicted of a crime involving the theft, conversion, or sale of bulk plastic merchandise containers.
History:
2012, Act 186, Eff. Dec. 18, 2012
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 186 of 2012 - Plastic Bulk Merchandise Container Act (445.2071 - 445.2087) › Section 445.2077 - Record; Preparation; Retention; Information to Be Included; Exception to Certain Requirements.

445.2077 Record; preparation; retention; information to be included; exception to certain requirements.
Sec. 7.
(1) Subject to subsection (3), a dealer must prepare an accurate and legible record of each purchase of 10 or more plastic bulk merchandise containers from a person in a single transaction. The record shall include the information described in subsection (2). A dealer shall retain a record prepared under this section for at least 1 year; shall keep all of the records prepared under this section in a location that is readily accessible to a local, state, or federal law enforcement agency for inspection during normal business hours; and shall make the records or copies of those records available to any local, state, or federal law enforcement agency that reasonably suspects that a violation of this act has occurred.
(2) A record of a purchase transaction described in subsection (1) shall contain all of the following information:
(a) The name, address, and identifying number from the seller's identification document described in section 5(2)(a) or a legible scan or photocopy of that identification document. If a dealer engages in more than 1 transaction with a seller, the purchaser may retain the information described in this subdivision for that seller in a separate file and use the information in that file for future transactions.
(b) The date and time of the transaction.
(c) The quantity of plastic bulk merchandise containers purchased.
(d) A description of the plastic bulk merchandise containers and any identifying information shown on the containers.
(e) The amount paid for the plastic bulk merchandise containers and the method of payment.
(f) A signed statement from the seller that the seller is the owner of the plastic bulk merchandise containers or is otherwise authorized to sell the containers to the dealer.
(g) A thumbprint of the seller.
(3) A dealer is not required to prepare and retain a record of a purchase of 10 or more plastic bulk merchandise containers from a person in a single transaction if all of the following are met:
(a) The dealer has an industrial or commercial account with the seller; payments made by the dealer on the account are made by check or similar financial instrument; and those payments are made directly to the seller.
(b) The personal and business identifying information of the seller described in subsection (2)(a) is on file with the dealer, and at least every 2 years, the dealer periodically reviews the information and determines that the information is current and correct.
History:
2012, Act 186, Eff. Dec. 18, 2012
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 186 of 2012 - Plastic Bulk Merchandise Container Act (445.2071 - 445.2087) › Section 445.2079 - Tagging and Holding Plastic Bulk Merchandise Container.

445.2079 Tagging and holding plastic bulk merchandise container.
Sec. 9.
(1) A dealer shall tag and hold a plastic bulk merchandise container purchased from a seller for at least 7 days if any of the following are met:
(a) The plastic bulk merchandise container has altered or obliterated serial numbers, and the person that delivers the plastic bulk merchandise container does not have a written receipt or documentation for the container.
(b) There is identifying information shown on the plastic bulk merchandise container; because of that information, the dealer knows or reasonably should know that the plastic bulk merchandise container is or was the property of a specific business; and the person delivering the plastic bulk merchandise container does not have a written receipt or documentation for the container.
(c) The plastic bulk merchandise container is subject to a notification or bulletin from any law enforcement agency that the dealer received before the purchase of the plastic bulk merchandise container.
(2) Section 7 applies to a purchase of a plastic bulk merchandise container that is subject to subsection (1).
(3) Subsection (1) does not apply to a dealer's purchase of a plastic bulk merchandise container from another dealer if that other dealer complied with subsection (1) concerning that container.
(4) If subsection (1) did not apply to the initial purchase of a plastic bulk merchandise container by a dealer, subsection (1) does not apply to the resale of that container by the dealer to another dealer.
History:
2012, Act 186, Eff. Dec. 18, 2012