reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 274 of 1984 - Michigan Antitrust Reform Act (445.771 - 445.788) › Section 445.784 - Incorporation of Provisions Similar to Uniform State Antitrust Act; Application and Construction; Interpretations by Federal Court.

445.784 Incorporation of provisions similar to uniform state antitrust act; application and construction; interpretations by federal court.
Sec. 14.
(1) To the extent that this act incorporates provisions of or provisions similar to the uniform state antitrust act, 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 those states that enact similar provisions.
(2) It is the intent of the legislature that in construing all sections of this act, the courts shall give due deference to interpretations given by the federal courts to comparable antitrust statutes, including, without limitation, the doctrine of per se violations and the rule of reason.
History:
1984, Act 274, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 274 of 1984 - Michigan Antitrust Reform Act (445.771 - 445.788) › Section 445.785 - Short Title.

445.785 Short title.
Sec. 15.
This act shall be known and may be cited as the "Michigan antitrust reform act".
History:
1984, Act 274, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 274 of 1984 - Michigan Antitrust Reform Act (445.771 - 445.788) › Section 445.786 - Severability.

445.786 Severability.
Sec. 16.
If any portion of this act or the application of this act to any person or circumstances is found to be invalid by a court, such invalidity shall not affect the remaining portions of applications of this act which can be given effect without the invalid portion or application, provided the remaining portions are not determined by the court to be inoperable, and to this end this act is declared to be severable.
History:
1984, Act 274, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 274 of 1984 - Michigan Antitrust Reform Act (445.771 - 445.788) › Section 445.787 - Repeal of Acts and Parts of Acts.

445.787 Repeal of acts and parts of acts.
Sec. 17.
The following acts and parts of acts are repealed:
(a) Act No. 255 of the Public Acts of 1899, being sections 445.701 to 445.712 of the Michigan Compiled Laws.
(b) Act No. 229 of the Public Acts of 1905, being sections 445.731 to 445.736 of the Michigan Compiled Laws.
(c) Act No. 329 of the Public Acts of 1905, being sections 445.761 to 445.767 of the Michigan Compiled Laws.
(d) Sections 553 to 555 and 557 to 560 of Act No. 328 of the Public Acts of 1931, being sections 750.553 to 750.555 and 750.557 to 750.560 of the Michigan Compiled Laws.
(e) Section 2155 of Act No. 236 of the Public Acts of 1961, being section 600.2155 of the Michigan Compiled Laws.
(f) Act No. 135 of the Public Acts of 1913, being sections 445.791 to 445.798 of the Michigan Compiled Laws.
(g) Act No. 282 of the Public Acts of 1937, being sections 445.171 to 445.184 of the Michigan Compiled Laws.
History:
1984, Act 274, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 274 of 1984 - Michigan Antitrust Reform Act (445.771 - 445.788) › Section 445.788 - Effect of Repeals.

445.788 Effect of repeals.
Sec. 18.
The repeal of any statute or part thereof contained herein shall not have the effect to release, relinquish or affect any crime, penalty, fine, forfeiture or liability committed or incurred under such repealed statute or part thereof, and such repealed statute or part thereof shall remain in force for the purpose of instituting or sustaining any proper action or prosecution for the enforcement of any penalty, fine, forfeiture or liability.
History:
1984, Act 274, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Repealed - Act 135 of 1913 - Petroleum Products; Unfair Discrimination (445.791 - 445.798)

PETROLEUM PRODUCTS; UNFAIR DISCRIMINATION
Act 135 of 1913
445.791-445.798 Repealed. 1984, Act 274, Eff. Mar. 29, 1985.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 98 of 1988 - Advertisements (445.811 - 445.818) › Section 445.811 - Definitions.

445.811 Definitions.
Sec. 1.
As used in this act:
(a) "Advertisement" means a representation that is intended to induce, or is likely to induce, directly or indirectly, the purchase of a consumer item, service, good, merchandise, commodity, or real property.
(b) "Mail order business" means a person that solicits an order for the sale of merchandise to be ordered by the buyer through the mails and is regulated by 16 C.F.R. part 435.
(c) "Person" means an individual, partnership, corporation, association, or other legal entity.
History:
1988, Act 98, Imd. Eff. Apr. 11, 1988
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 98 of 1988 - Advertisements (445.811 - 445.818) › Section 445.812 - Street Address in Advertisement.

445.812 Street address in advertisement.
Sec. 2.
A person shall not knowingly give a street address for publication, dissemination, circulation, or placement before the public in an advertisement unless the street address that indicates where business is actually conducted by the owner, manager, or repairperson or, if applicable, where parts may be purchased is included within that advertisement.
History:
1988, Act 98, Imd. Eff. Apr. 11, 1988
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 98 of 1988 - Advertisements (445.811 - 445.818) › Section 445.813 - Applicability of Act.

445.813 Applicability of act.
Sec. 3.
(1) This act shall not apply to an owner, publisher, printer, agent, or employee of a newspaper or other publication, periodical, circular, including those circulars prepared for national distribution, or outdoor advertising or of a radio or television station, who publishes, causes to be published, or takes part in the publication of an advertisement in violation of this act unless done with actual knowledge of the violation of this act.
(2) This act shall not apply to a mail order business.
History:
1988, Act 98, Imd. Eff. Apr. 11, 1988
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 98 of 1988 - Advertisements (445.811 - 445.818) › Section 445.815 - Individual or Class Action; Damages; Attorneys' Fees.

445.815 Individual or class action; damages; attorneys' fees.
Sec. 5.
(1) Whether a person seeks damages or has an adequate remedy at law, a person may bring an action to do either of the following, or both, if the attorney general or prosecuting attorney fails to initiate action within 60 days after receiving notice of an alleged violation of this act:
(a) Obtain a declaratory judgment that a practice is in violation of this act.
(b) Enjoin by temporary or permanent injunction a person who is engaging or is about to engage in a practice in violation of this act.
(2) A person who suffers loss as a result of a violation of this act may bring an individual or a class action to recover actual damages or $50.00, whichever is greater, for each day on which violations of this act have been found together with reasonable attorneys' fees not to exceed $300.00 in an individual action.
History:
1988, Act 98, Imd. Eff. Apr. 11, 1988
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 98 of 1988 - Advertisements (445.811 - 445.818) › Section 445.816 - Investigation by Prosecuting Attorney; Instituting and Prosecuting Action.

445.816 Investigation by prosecuting attorney; instituting and prosecuting action.
Sec. 6.
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.
History:
1988, Act 98, Imd. Eff. Apr. 11, 1988
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 98 of 1988 - Advertisements (445.811 - 445.818) › Section 445.817 - Other Cause of Action; Liberal Construction; Ordinance or Other Regulation.

445.817 Other cause of action; liberal construction; ordinance or other regulation.
Sec. 7.
This act shall not affect any other cause of action that is available and shall be liberally construed to effectuate its purpose. A city, village, township, or county shall not enact an ordinance or other regulation inconsistent with this act or with a rule promulgated under this act.
History:
1988, Act 98, Imd. Eff. Apr. 11, 1988
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 98 of 1988 - Advertisements (445.811 - 445.818) › Section 445.818 - Effective Date.

445.818 Effective date.
Sec. 8.
This act shall take effect for advertisements sold after June 1, 1988.
History:
1988, Act 98, Imd. Eff. Apr. 11, 1988
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 277 of 1966 - Consumers Council (445.821 - 445.829) › Section 445.821 - Legislative Citizens Committee on Consumer Affairs; Members, Appointment, Terms.

445.821 Legislative citizens committee on consumer affairs; members, appointment, terms.
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-year terms to coincide with the terms of office of state representatives.
History:
1966, Act 277, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 277 of 1966 - Consumers Council (445.821 - 445.829) › Section 445.822 - Executive Committee on Consumer Affairs; Members.

445.822 Executive committee on consumer affairs; members.
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.
History:
1966, Act 277, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 277 of 1966 - Consumers Council (445.821 - 445.829) › Section 445.823 - Governor's Citizens Committee on Consumer Affairs; Members, Appointment, Terms.

445.823 Governor's citizens committee on consumer affairs; members, appointment, terms.
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 of office of state representatives.
History:
1966, Act 277, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 277 of 1966 - Consumers Council (445.821 - 445.829) › Section 445.824 - Special Michigan Consumer's Council; Conducting Business at Public Meeting; Notice of Meeting.

445.824 Special Michigan consumer's council; conducting business at public meeting; notice of meeting.
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 consumer's council.
(2) The business which the special Michigan consumer's council may perform shall be conducted at a public meeting of the council held in compliance with Act No. 267 of the Public Acts of 1976, as amended, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of a meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976, as amended.
History:
1966, Act 277, Eff. Mar. 10, 1967 ;-- Am. 1980, Act 9, Imd. Eff. Feb. 14, 1980
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 277 of 1966 - Consumers Council (445.821 - 445.829) › Section 445.825 - Legislative and Governor's Citizens Committees; Expenses, Payment.

445.825 Legislative and governor's citizens committees; expenses, payment.
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 standard travel regulations as published by the department of administration.
History:
1966, Act 277, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 277 of 1966 - Consumers Council (445.821 - 445.829) › Section 445.826 - Duties of Council.

445.826 Duties of council.
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 commercial practices.
(c) Serve as a central coordinating agency and clearinghouse for activities and information concerning fraudulent commercial practices.
(d) Advise the governor as to all matters affecting the interests of the people of the state as consumers and recommend to both the governor and the legislature the enactment of legislation necessary to protect and promote the interests of the people as consumers.
(e) Advise the attorney general of any practice which requires investigations to determine if any law of the state is being violated.
(f) Establish and maintain, as a service to the public, a toll free telephone line to its office which may be utilized by any person in the state. This telephone line shall be used to receive complaints from consumers and to refer consumers to the appropriate federal, state, local, or private agency which would handle the complaints.
History:
1966, Act 277, Eff. Mar. 10, 1967 ;-- Am. 1978, Act 286, Imd. Eff. July 7, 1978
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 277 of 1966 - Consumers Council (445.821 - 445.829) › Section 445.827 - Consumers Council; Powers.

445.827 Consumers council; powers.
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 regulating rates, charges and conditions of service, or otherwise protecting consumers' interests through the exercise of regulatory power vested in such body or commission.
(b) Cooperate and contract with agencies, public and private, to obtain statistical surveys, printing, economic information and other necessary information within the range of its budget, or do whatever else is incidental to the proper exercise of its powers.
(c) Hire a director and whatever additional staff is necessary to carry out its powers and duties, to be paid out of the appropriation to the council.
History:
1966, Act 277, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 277 of 1966 - Consumers Council (445.821 - 445.829) › Section 445.828 - Consumers Council; General Control of Legislative Council.

445.828 Consumers council; general control of legislative council.
Sec. 8.
The council shall come under the general control of the legislative council for purposes of budgeting, procurement and related management functions.
History:
1966, Act 277, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 277 of 1966 - Consumers Council (445.821 - 445.829) › Section 445.829 - Consumers Council; Appropriation.

445.829 Consumers council; appropriation.
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.
History:
1966, Act 277, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 468 of 2002 - Joe Gagnon Appliance Repair Act (445.831 - 445.837) › Section 445.831 - Short Title.

445.831 Short title.
Sec. 1.
This act shall be known and may be cited as the "Joe Gagnon appliance repair act".
History:
2002, Act 468, Imd. Eff. June 21, 2002
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 468 of 2002 - Joe Gagnon Appliance Repair Act (445.831 - 445.837) › Section 445.832 - Definitions.

445.832 Definitions.
Sec. 2.
As used in this act:
(a) "Appliance" means a refrigerator, dehumidifier, freezer, oven, range, microwave oven, washer, dryer, dishwasher, trash compactor, or window room air conditioner.
(b) "Customer" means a member of the general public who seeks the services of a service dealer for the repair, maintenance, or service of an appliance that he or she uses personally and not as part of a business or commercial enterprise.
(c) "Service dealer" means a person that, for compensation, engages or offers to engage in repairing, servicing, or maintaining an appliance. Service dealer does not include a contractor that is licensed under article 8 of the skilled trades regulation act, MCL 339.5801 to 339.5819.
History:
2002, Act 468, Imd. Eff. June 21, 2002 ;-- Am. 2016, Act 414, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 468 of 2002 - Joe Gagnon Appliance Repair Act (445.831 - 445.837) › Section 445.833 - Appliance Repair; Written Estimate; Fee; Service Call Charge; Combination of Written Estimate With Final Bill.

445.833 Appliance repair; written estimate; fee; service call charge; combination of written estimate with final bill.
Sec. 3.
(1) Except as otherwise provided in this section and before repairing, servicing, or performing maintenance on an appliance, a service dealer shall make a written estimate of the cost of the repair, service, or maintenance. The written estimate shall comply with subsection (2). The customer shall approve the estimate by signing the estimate, verbally approving the estimate via the telephone, or by any other equivalent method. If the customer approves the estimate by means of a telephone call or other equivalent method, the service dealer shall so indicate on the estimate and shall, if possible, obtain the customer's signature on the estimate at a later time. A service dealer shall not charge in excess of 110% of the amount noted in the written estimate unless the service dealer receives the verbal or written permission of the customer.
(2) A written estimate or attached documentation shall provide all of the following:
(a) The service dealer's name, mailing address, and telephone number. If the service dealer's mailing address is not a street address, then the street address of the service dealer.
(b) A description of the problem requiring service, repair, or maintenance or the maintenance procedure desired by the customer.
(c) Any charge for labor to be performed or parts to be installed, each stated separately. The estimate shall state the hourly rate, if any, or flat rate by which the labor charge is determined.
(d) The cost for removing the appliance from and returning the appliance to the customer's premises, if applicable.
(3) A service dealer may charge a fee, as indicated in the written estimate, for any labor performed in examining the appliance and diagnosing any problems. If the appliance would require dismantling as part of the diagnosis, the service dealer shall include in the written estimate of the cost of dismantling and reassembling the appliance and the cost, if any, of any parts that would be destroyed or rendered inoperable by the dismantling and reassembly of the appliance.
(4) This act does not prohibit a service dealer from charging for a service call.
(5) This act does not prohibit a service dealer from combining the written estimate with the final bill described in section 5 into the same document.
History:
2002, Act 468, Imd. Eff. June 21, 2002
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 468 of 2002 - Joe Gagnon Appliance Repair Act (445.831 - 445.837) › Section 445.834 - Removed Parts; Return; Retention.

445.834 Removed parts; return; retention.
Sec. 4.
(1) Except as otherwise provided in subsection (2), the service dealer shall return all parts removed from the appliance to the customer unless the customer declines, in writing, to receive the removed part.
(2) The service dealer may retain any part that has a core charge or exchange rate, contains hazardous material, or is returned to the manufacturer as required by the manufacturer's warranty if the service dealer provides to the customer, at the completion of the repair, service, or maintenance, a written statement on the final bill describing the reason for the retention of the part.
History:
2002, Act 468, Imd. Eff. June 21, 2002
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 468 of 2002 - Joe Gagnon Appliance Repair Act (445.831 - 445.837) › Section 445.835 - Final Bill.

445.835 Final bill.
Sec. 5.
The final bill shall separately state in writing the following:
(a) The name and address of the service dealer as described in section 3(2)(a).
(b) Service call charges, if any.
(c) The labor charge.
(d) Parts charge, if any, including whether the parts were new or used and the actual part number and manufacturer.
(e) The warranty provided by the supplier of the part. If the service dealer has no knowledge of a supplier's or manufacturer's warranty or knows that no supplier's or manufacturer's warranty exists, he or she shall so state.
(f) The service dealer's labor warranty.
(g) Other charges, stated in detail.
(h) Sales tax.
(i) A statement that the customer, in order to enforce any warranty provided by this act, is required to notify the service dealer in writing, in person, or by telephone not later than the time period of the warranty for the part or labor.
(j) The right of a customer to bring an action under this act.
History:
2002, Act 468, Imd. Eff. June 21, 2002
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 468 of 2002 - Joe Gagnon Appliance Repair Act (445.831 - 445.837) › Section 445.836 - Warranty.

445.836 Warranty.
Sec. 6.
(1) A service dealer shall provide a warranty for not less than 30 days on the service dealer's labor regarding the repair of the appliance.
(2) Subsection (1) does not void, reduce, or supersede a warranty made by the manufacturer of the appliance and does not void any provisions of a service contract that covers the appliance.
(3) A warranty under subsection (1) requires the service dealer to correct, at no cost to the customer, any failure of the warranted parts if the customer notifies the service dealer in writing within the applicable warranty time period. A service dealer shall make a warranted correction in not more than 10 days after receipt of the written notice of the failure unless parts, after having been ordered in a timely manner, are not received by the service dealer. The service dealer shall make a written record of the ordering of those parts.
(4) A service dealer may impose a labor charge upon the receipt of a written notice of failure from a customer which is after the 30-day labor warranty described in subsection (1).
(5) A warranty issued under subsection (1) for service is extended by any period of time the service dealer has possession of the appliance for work related to the warranty.
History:
2002, Act 468, Imd. Eff. June 21, 2002
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 468 of 2002 - Joe Gagnon Appliance Repair Act (445.831 - 445.837) › Section 445.837 - False Statement; Noncompliance; Remedies; Action Pursuant to Michigan Consumer Protection Act; Other Remedies.

445.837 False statement; noncompliance; remedies; action pursuant to Michigan consumer protection act; other remedies.
Sec. 7.
(1) A service dealer who makes a false statement of a character likely to influence, persuade, or induce a customer to authorize the repair, service, or maintenance of an appliance or who fails to substantially comply with the disclosure requirements of this act is subject to the remedies prescribed by subsection (2).
(2) A person may bring an action in a court of competent jurisdiction for actual damages resulting from a violation of this act in the amount of his or her actual damages or $250.00, whichever is greater, together with reasonable attorney fees. The court may award up to twice the amount of damages if it finds that the violation of this act was willful.
(3) This act does not prohibit the attorney general, a prosecuting attorney, or a person who has suffered a loss as a result of a violation of this act from bringing an action pursuant to the Michigan consumer protection act, 1976 PA 331, MCL 445.901 to 445.922, for any act or omission relative to this act.
(4) The remedies under this section are cumulative and independent. The use of 1 remedy by a person or the department of attorney general shall not bar the use of other lawful remedies, including injunctive relief, by that person or the department of attorney general.
History:
2002, Act 468, Imd. Eff. June 21, 2002
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 224 of 1966 - Retail Installment Sales Act (445.851 - 445.873) › Section 445.851 - Retail Installment Sales Act; Short Title.

445.851 Retail installment sales act; short title.
Sec. 1.
This act shall be known and may be cited as the "retail installment sales act".
History:
1966, Act 224, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 224 of 1966 - Retail Installment Sales Act (445.851 - 445.873) › Section 445.851a - Truth in Lending Act; Effect of Compliance.

445.851a Truth in lending act; effect of compliance.
Sec. 1a.
Compliance with the requirements of the truth in lending act, title I of Public Law 90-321, 15 U.S.C. 1601 to 1608, 1610 to 1613, 1615, 1631 to 1635, 1637 to 1638, 1640 to 1647, and 1661 to 1667e, is compliance with the disclosure provisions of sections 3(d) and 12(b).
History:
Add. 1969, Act 31, Imd. Eff. July 10, 1969 ;-- Am. 1993, Act 112, Eff. Sept. 19, 1993
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 224 of 1966 - Retail Installment Sales Act (445.851 - 445.873) › Section 445.854 - Retail Installment Contracts; Single Document Not Required; Sales Slip, Account Book, Other Written Statements.

445.854 Retail installment contracts; single document not required; sales slip, account book, other written statements.
Sec. 4.
A retail installment contract need not be contained in a single document. If the contract is contained in more than 1 document, 1 such document may be an original document signed by the retail buyer, stated to be applicable to purchases of goods or services to be made by the retail buyer from time to time. In such case, the document, together with the sales slip, account book or other written statement relating to each purchase, shall set forth all of the information required by this subsection and shall constitute the retail installment contract for each purchase. On each succeeding purchase pursuant to such original document, the sales slip, account book or other written statement at the option of the seller may constitute the memorandum required by section 11. No seller shall induce a buyer to become obligated at substantially the same time under more than 1 retail installment contract for the purpose of obtaining a higher time price differential than would apply to 1 contract.
History:
1966, Act 224, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 224 of 1966 - Retail Installment Sales Act (445.851 - 445.873) › Section 445.855 - Transactions Negotiated and Entered Into by Mail or Telephone; Applicable Provisions of Act; Memorandum.

445.855 Transactions negotiated and entered into by mail or telephone; applicable provisions of act; memorandum.
Sec. 5.
(1) A retail installment transaction negotiated and entered into by mail or telephone without personal solicitations by a salesperson or other representative of the seller and based upon a catalog of the seller, or other printed solicitation which clearly sets forth the cash sale prices and other terms of sales to be made through the medium may be made as provided in this section. The provisions of this act with respect to a retail installment transaction shall be applicable to the sale, except that:
(a) The designation and notice provisions of sections 3(a) and 12(a) shall not be applicable to the retail installment contract or retail charge agreement.
(b) The retail installment contract or retail charge agreement, when completed by the buyer, need not contain the items required by section 3(d) or 12(a). When the retail installment contract or retail charge agreement is received from the retail buyer, the seller shall either prepare a written memorandum containing all of the information required by section 3(d) to be included in a retail installment transaction or shall deliver a copy of the retail charge agreement to the retail buyer as provided in section 12(a) prior to the due date of the first installment or payment payable under the contract or agreement.
(2) When the retail installment contract or retail charge agreement is received from the retail buyer, the seller shall prepare a written memorandum containing all of the information required by sections 3(d) and 12(a) to be included in a retail installment transaction. Instead of delivering a copy of the contract or agreement to the retail buyer as provided in sections 3(b) and 12(a), the seller shall deliver to the buyer a copy of the memorandum prior to the due date of the first installment or payment payable under the contract or agreement.
History:
1966, Act 224, Eff. Mar. 10, 1967 ;-- Am. 1977, Act 127, Eff. Jan. 1, 1978
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 224 of 1966 - Retail Installment Sales Act (445.851 - 445.873) › Section 445.856 - Retail Installment Contracts; Blank Space; Filling.

445.856 Retail installment contracts; blank space; filling.
Sec. 6.
A retail installment contract shall not be signed by any party thereto when it contains blank spaces of items which are essential provisions of the transaction, but if delivery of the goods is not made at the time of the execution of the contract, the identifying numbers or marks of the goods or similar information and the due date of the first installment may be inserted by the seller in the seller's counterpart of the contract after it has been signed by the buyer. The buyer's acknowledgment, conforming to the requirement of subsection (b) of section 3, of delivery of a copy of the contract shall be presumptive proof, or, in the case of a holder of the contract without knowledge to the contrary when he purchases it, conclusive proof of such delivery and of compliance with this subsection and any other requirement relating to completion of the contract prior to execution thereof by the buyer, in any action or proceeding.
History:
1966, Act 224, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 224 of 1966 - Retail Installment Sales Act (445.851 - 445.873) › Section 445.857 - Time Price Differential; Limitation; Computation; Minimum Time Price Differential.

445.857 Time price differential; limitation; computation; minimum time price differential.
Sec. 7.
A retail installment contract may provide for, and the seller or holder may then charge, collect, and receive a time price differential that does not exceed the rate of interest or its equivalent permitted a regulated lender by the credit reform act. The time price differential may be computed on the basis of a full month for a fractional portion of a month in excess of 10 days. A minimum time price differential of not more than $10.00 may be charged, received, and collected on each contract, whether or not the contract is prepaid.
History:
1966, Act 224, Eff. Mar. 10, 1967 ;-- Am. 1978, Act 97, Imd. Eff. Apr. 5, 1978 ;-- Am. 1995, Act 167, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 224 of 1966 - Retail Installment Sales Act (445.851 - 445.873) › Section 445.858 - Prepayment of Unpaid Balance; Amount of Refund Credit.

445.858 Prepayment of unpaid balance; amount of refund credit.
Sec. 8.
(1) Notwithstanding contrary provisions of a retail installment contract, a buyer may prepay in full the unpaid balance of the retail installment contract at any time before its final due date and, if the buyer does so, shall receive a refund credit for the prepayment, except as provided in section 23. The amount of the refund credit shall not be less than the amount that would be refunded using the actuarial method.
(2) A refund credit of less than $1.00 need not be made.
History:
1966, Act 224, Eff. Mar. 10, 1967 ;-- Am. 1978, Act 97, Imd. Eff. Apr. 5, 1978 ;-- Am. 1995, Act 167, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 224 of 1966 - Retail Installment Sales Act (445.851 - 445.873) › Section 445.859 - Installment Contract or Retail Charge Agreement; Delinquency and Collection Charge.

445.859 Installment contract or retail charge agreement; delinquency and collection charge.
Sec. 9.
The holder of an installment contract or retail charge agreement, or retail charge agreement including a contract subject to section 23, if it so provides, may collect a delinquency and collection charge on each installment in default for a period of more than 10 days. A delinquency and collection charge is not a liquidated damage.
History:
1966, Act 224, Eff. Mar. 10, 1967 ;-- Am. 1993, Act 112, Eff. Sept. 19, 1993 ;-- Am. 1995, Act 167, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 224 of 1966 - Retail Installment Sales Act (445.851 - 445.873) › Section 445.860 - Retail Installment Contracts; Statement of Dates, Payments and Unpaid Balances; Receipt.

445.860 Retail installment contracts; statement of dates, payments and unpaid balances; receipt.
Sec. 10.
Upon written request of the buyer, the holder of a retail installment contract shall give or forward to the buyer a written statement of the dates and amounts of payments and the total amount unpaid under the contract. A buyer shall be given a written receipt for any payment when made in cash. The statement or receipt shall be given the buyer once without charge; if any additional statement is requested by the buyer, it shall be supplied by the holder at a charge not in excess of $1.00 for each additional statement or receipt so supplied.
History:
1966, Act 224, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 224 of 1966 - Retail Installment Sales Act (445.851 - 445.873) › Section 445.862a - Submission of Invoice Evidencing Credit Card Sale.

445.862a Submission of invoice evidencing credit card sale.
Sec. 12a.
If a retail seller elects to accept a credit card issued by a bank, the retail seller shall not submit an invoice evidencing such credit card sale to the card issuer until the goods or services purchased with the credit card have been delivered to the purchaser.
History:
Add. 1978, Act 120, Imd. Eff. Apr. 25, 1978
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 224 of 1966 - Retail Installment Sales Act (445.851 - 445.873) › Section 445.863 - Retail Installment Contracts or Charge Agreements; Insurance Included in Cost; Requirements; Minimum Charges; Refunds.

445.863 Retail installment contracts or charge agreements; insurance included in cost; requirements; minimum charges; refunds.
Sec. 13.
(a) If the cost of insurance is included in the retail installment contract or the retail charge agreement and a separate charge is made to the buyer for the insurance:
(1) The contract or agreement shall state the nature, purpose and the amount of the insurance.
(2) The contract or agreement shall state whether the insurance is to be procured by the buyer or the seller.
(3) The amount included for the insurance may not exceed the premiums chargeable in accordance with the rate fixed for the insurance by the insurer except where the amount is less than $1.00; and if the insurance is cancelled or terminated for any reason, any refund for unearned insurance premiums received by the seller or the holder, shall be credited to the final maturing installments of the retail installment contract or retail charge agreement, and any remaining balance of the unearned insurance premiums shall be refunded to the buyer. No credit or cash refund shall be required if the amount thereof is less than $1.00.
(b) If the insurance is to be procured by the seller or holder, within 45 days after delivery of the goods or furnishing of the services under the contract or agreement he shall deliver, mail, or cause to be delivered or mailed to the buyer at his address as specified in the contract or agreement, a notice that the insurance is procured, a copy of the policy or policies of insurance, or a certificate of the insurance so procured.
History:
1966, Act 224, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 224 of 1966 - Retail Installment Sales Act (445.851 - 445.873) › Section 445.865 - Purchase or Acquisition of Retail Installment Contract or Retail Charge Agreement by Assignee; Terms, Conditions, and Price; Evidence of Obligation; Validity of Written Assignment; Notice; Payment to Last Known Holder; Claims and Defenses; Sales to Which Section Applicable.

445.865 Purchase or acquisition of retail installment contract or retail charge agreement by assignee; terms, conditions, and price; evidence of obligation; validity of written assignment; notice; payment to last known holder; claims and defenses; sales to which section applicable.
Sec. 15.
Notwithstanding the provisions of any other law and notwithstanding any agreement to the contrary:
(a) An assignee may purchase or acquire or agree to purchase or acquire any retail installment contract or retail charge agreement or any outstanding balance under either from a seller on the terms and conditions and for a price as may be mutually agreed upon, but a person shall not take a negotiable instrument, other than a currently dated check or draft, as evidence of the obligation of the buyer in a retail installment transaction.
(b) Filing of the assignment, notice to the buyer of the assignment, and any requirement that the seller be deprived of dominion over payments upon a retail installment contract or retail charge agreement, or over the goods if returned to or repossessed by the seller, shall not be necessary to the validity of a written assignment of the retail installment contract or retail charge agreement or any outstanding balance under either as against creditors, subsequent purchasers, pledgees, mortgagees, and lien claimants of the seller.
(c) Unless the assignee gives written notice of the assignment to the buyer by certified mail, or personally serves the buyer with the notice, a payment made by the buyer to the holder last known to the buyer shall be binding upon all subsequent holders.
(d) A holder of a retail installment contract of the buyer is subject to all the claims and defenses of the buyer arising out of the retail installment transaction, but the buyer's recovery shall not exceed the amount paid to the holder thereunder.
(e) This section shall apply only to sales made pursuant to a retail installment contract.
History:
1966, Act 224, Eff. Mar. 10, 1967 ;-- Am. 1972, Act 161, Eff. Jan. 1, 1973 ;-- Am. 1980, Act 76, Imd. Eff. Apr. 3, 1980
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 224 of 1966 - Retail Installment Sales Act (445.851 - 445.873) › Section 445.865a - Contracts, Agreements, or Other Transactions Considered Made in State; Offer or Agreement to Sell in State; Acceptance or Offer to Buy in State.

445.865a Contracts, agreements, or other transactions considered made in state; offer or agreement to sell in state; acceptance or offer to buy in state.
Sec. 15a.
(1) For the purposes of this act, a retail installment contract, retail charge agreement, or other retail installment transaction shall be considered to have been made in this state if either the seller offers or agrees in this state to sell to a buyer who is a resident of this state or the buyer accepts or makes the offer in this state to buy, regardless of the specified situs of the contract or agreement.
(2) An oral or written solicitation or communication to sell originating outside this state, but forwarded to, directed to, and received in this state by a buyer who is a resident of this state shall be considered an offer or agreement to sell in this state.
(3) An oral or written solicitation or communication to buy originating within this state from a buyer who is a resident of this state, but forwarded, directed to, and received by a retail seller outside of this state shall be considered an acceptance or offer to buy in this state.
History:
Add. 1977, Act 127, Eff. Jan. 1, 1978
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 224 of 1966 - Retail Installment Sales Act (445.851 - 445.873) › Section 445.866 - Waiver of Act as to Buyers' Protection Prohibited.

445.866 Waiver of act as to buyers' protection prohibited.
Sec. 16.
No act or agreement of the retail buyer before or at the time of the making of a retail installment contract, retail charge agreement or purchase thereunder shall constitute a valid waiver of any of the provisions of this act or of any remedies granted to the buyer by law.
History:
1966, Act 224, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 224 of 1966 - Retail Installment Sales Act (445.851 - 445.873) › Section 445.867 - Violation of Act; Misdemeanor.

445.867 Violation of act; misdemeanor.
Sec. 17.
Any person who wilfully and intentionally violates any provisions of this act shall be guilty of a misdemeanor.
History:
1966, Act 224, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 224 of 1966 - Retail Installment Sales Act (445.851 - 445.873) › Section 445.868 - Violation of Act; Effect as to Recovery Rights of Seller.

445.868 Violation of act; effect as to recovery rights of seller.
Sec. 18.
Any seller who enters into any contract or agreement which does not comply with the provisions of this act or who violates any provision of this act except as a result of accidental or bona fide error is barred from the recovery of any time price differential, any official fees, delinquency or collection charge, attorney fees or court costs and the buyer shall be entitled to recover his reasonable attorney fees and court costs from the seller or his assigns.
Notwithstanding the provisions of this section, nothing in this act shall bar recovery upon a contract which is lawful where executed and is executed outside this state by a buyer who was not at the time of such execution a bona fide resident of this state, except that no seller or seller's assign may in any such action recover a greater total time price differential upon any retail installment contract or charge agreement than the maximum lawful rate which would have been permitted by this act if such contract or agreement had been executed in this state.
History:
1966, Act 224, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 224 of 1966 - Retail Installment Sales Act (445.851 - 445.873) › Section 445.869 - Violation of Act; Actions; Penalties.

445.869 Violation of act; actions; penalties.
Sec. 19.
(1) The attorney general, the prosecuting attorney for the county where an alleged violation occurred, or a borrower may bring an action against a retail seller to do 1 or more of the following:
(a) Obtain a declaratory judgment that a method, act, or practice of a retail seller is a violation of this act.
(b) Enjoin a retail seller 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 retail seller for a noncredit 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 retail seller 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 retail seller is found to have willfully and knowingly violated this act and $20,000.00 if the retail seller is found to have persistently violated this act.
(2) Except for a violation described in section 12, a retail seller 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 retail seller 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:
1966, Act 224, Eff. Mar. 10, 1967 ;-- Am. 1995, Act 167, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 224 of 1966 - Retail Installment Sales Act (445.851 - 445.873) › Section 445.870 - Violation of Act; Assurance of Discontinuance; Acceptance by Attorney General, Approval of Circuit Court.

445.870 Violation of act; assurance of discontinuance; acceptance by attorney general, approval of circuit court.
Sec. 20.
The attorney general, or with his consent a prosecuting attorney, may accept an assurance of discontinuance of any act or practice deemed in violation of this act from any person engaging in, or who has engaged in, such act or practice. Any assurance shall be in writing and filed with and subject to the approval of the circuit court of the county in which the alleged violator resides or has his principal place of business. Failure to perform the terms of any assurance constitutes prima facie proof of a violation of this act for the purpose of securing any injunction as provided in section 19 and for the purpose of section 18. After commencement of any action by a prosecuting attorney, the attorney general may not accept an assurance of discontinuance without the consent of the prosecuting attorney.
History:
1966, Act 224, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 224 of 1966 - Retail Installment Sales Act (445.851 - 445.873) › Section 445.871 - Violation of Order of Circuit Court; Civil Penalty.

445.871 Violation of order of circuit court; civil penalty.
Sec. 21.
Any person who violates any order of a circuit court issued pursuant to this act shall forfeit and pay a civil penalty of not more than $1,000.00. For the purpose of this section, the court issuing any order shall retain jurisdiction for a period of 10 years and the cause shall be continued for that period, and in such cases the attorney general acting in the name of the state may petition for the recovery of civil penalties during the period of any order.
History:
1966, Act 224, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 224 of 1966 - Retail Installment Sales Act (445.851 - 445.873) › Section 445.871a - Compliance With Federal Truth-in-Lending Act; Violation as Unintentional and Bona Fide Error; Burden of Proof.

445.871a Compliance with federal truth-in-lending act; violation as unintentional and bona fide error; burden of proof.
Sec. 21a.
A retail seller is not liable for a violation of this act if the retail seller has fully complied with the federal truth-in-lending act, Public Law 90-321, 15 U.S.C. 1601 to 1607e 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. A violation of this act resulting from a bona fide error may be corrected in the same manner as provided for in section 130(b) of the truth-in-lending act, 15 U.S.C. 1640(b). The burden of proving that a violation was an unintentional and bona fide error is on the retail seller.
History:
Add. 1995, Act 167, Eff. Mar. 28, 1996