reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 173 of 1987 - Mortgage Brokers, Lenders, and Servicers Licensing Act (445.1651 - 445.1684) › Section 445.1677 - Period Within Which to File Application for License and Proof of Financial Responsibility, to Pay Fees, or to Register.

445.1677 Period within which to file application for license and proof of financial responsibility, to pay fees, or to register.
Sec. 27.
Any mortgage broker, mortgage lender, or mortgage servicer engaged in activities covered by this act on the effective date of this act shall have 90 days after the effective date of this act in which to file an application for a license together with proof of financial responsibility as required by section 4, and to pay any required fees, or to register and pay any required registration fee. During the 90-day period, and until the commissioner acts on the application, the applicant shall be entitled to operate without a license but shall otherwise comply with all other provisions of this act.
History:
1987, Act 173, Imd. Eff. Nov. 18, 1987
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 173 of 1987 - Mortgage Brokers, Lenders, and Servicers Licensing Act (445.1651 - 445.1684) › Section 445.1678 - Civil or Criminal Liability.

445.1678 Civil or criminal liability.
Sec. 28.
This act does not relieve a person from civil or criminal liability under other laws of this state or any federal law.
History:
1987, Act 173, Imd. Eff. Nov. 18, 1987
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 173 of 1987 - Mortgage Brokers, Lenders, and Servicers Licensing Act (445.1651 - 445.1684) › Section 445.1680 - Effect of Noncompliance on Validity or Enforceability of Mortgage Loan.

445.1680 Effect of noncompliance on validity or enforceability of mortgage loan.
Sec. 30.
Failure to comply with the provisions of this act shall not affect the validity or enforceability of any mortgage loan, unless the mortgage loan is invalid or unenforceable under the provisions of any other laws of this state or under any federal law.
History:
1987, Act 173, Imd. Eff. Nov. 18, 1987
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 173 of 1987 - Mortgage Brokers, Lenders, and Servicers Licensing Act (445.1651 - 445.1684) › Section 445.1681 - Action to Obtain Declaratory Judgment, Injunction, or Actual Damages; Limitation.

445.1681 Action to obtain declaratory judgment, injunction, or actual damages; limitation.
Sec. 31.
(1) Whether or not a person seeks damages or has an adequate remedy at law, any person, prosecutor, or the attorney general may bring an action, including a class action, to do any of the following:
(a) Obtain a declaratory judgment that a method, act, or practice is a violation of this act.
(b) Obtain an injunction against a person who is engaging in or is about to engage in a method, act, or practice that violates this act.
(c) Except as limited by subsection (2), recover actual damages resulting from a violation of this act, or $250.00, whichever is greater, together with reasonable attorney fees and the costs of bringing the action.
(2) If the licensee or registrant establishes by a preponderance of the evidence that the failure to comply with the act was not willful, intentional, or the result of gross or wanton negligence, the amount recovered pursuant to subsection (1)(c) shall not exceed actual damages.
History:
1987, Act 173, Imd. Eff. Nov. 18, 1987
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 173 of 1987 - Mortgage Brokers, Lenders, and Servicers Licensing Act (445.1651 - 445.1684) › Section 445.1684 - Claims Filed Against Proof of Financial Responsibility.

445.1684 Claims filed against proof of financial responsibility.
Sec. 34.
(1) The commissioner shall prioritize and pay claims against a proof of financial responsibility filed with the commissioner under section 4 in a manner that, in his or her discretion, best protects the public interest.
(2) Claims may only be filed against a licensee's proof of financial responsibility as provided under this section by the licensee's borrowers, mortgage loan applicants, loan servicing customers, and the commissioner.
(3) Claims filed against a proof of financial responsibility by a borrower or loan applicant shall involve only mortgage loans or mortgage applications secured or to be secured by residential real property located in this state. The amount of the claim shall not exceed actual fees in connection with a loan application, overcharges of principal and interest, and excess escrow collections charged by the licensee and paid by the claimant to the licensee.
(4) The commissioner may file a claim against a proof of financial responsibility for payment of fines or fees due and payable to the commissioner or the bureau and reimbursement of expenses incurred in investigating the licensee and expenses incurred in distributing proceeds of the proof of financial responsibility. A claim filed under this subsection shall be paid in full prior to payment of other claims against a proof of financial responsibility, unless the commissioner, in his or her discretion, waives in whole or in part the right to priority of payment.
(5) In the event that valid claims exceed the amount of the proof of financial responsibility, each claimant shall be entitled only to a pro rata amount of his or her valid claim.
History:
Add. 1996, Act 210, Imd. Eff. May 22, 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 › Repealed - Act 361 of 1988 - Credit Services Act (445.1701 - 445.1708)

CREDIT SERVICES ACT
Act 361 of 1988
445.1701-445.1708 Repealed. 1992, Act 72, Imd. Eff. June 2, 1992;—1994, Act 160, Imd. Eff. June 13, 1994.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 378 of 1988 - Preservation of Personal Privacy (445.1711 - 445.1715) › Section 445.1711 - Definitions.

445.1711 Definitions.
Sec. 1.
As used in this act:
(a) "Customer" means an individual who purchases, rents, or borrows a book, other written material, a sound recording, or a video recording.
(b) "Employee" means an individual who works for an employer in exchange for wages or other remuneration.
(c) "Employer" means a person that has 1 or more employees.
(d) "Ordinary course of business" means activities related to the sale, rental, or lending of, or advertising in, materials described in section 2.
(e) "Written" includes any electronic means using the Internet or otherwise authorized under the uniform electronic transactions act, 2000 PA 305, MCL 450.831 to 450.849.
History:
1988, Act 378, Eff. Mar. 30, 1989 ;-- Am. 2016, Act 92, Eff. July 31, 2016
Compiler's Notes:
Enacting section 2 of Act 92 of 2016 provides:"Enacting section 2. This amendatory act is curative and intended to clarify that the prohibitions on disclosing information contained in 1988 PA 378, MCL 445.1711 to 445.1715, do not prohibit disclosing information if it is incident to the ordinary course of business of the person disclosing the information, including marketing goods and services to customers or potential customers when written notice is provided, and that a civil action for a violation of those prohibitions may only be brought by a customer who has suffered actual damages as a result of the violation."
Popular Name:
Video Rental Privacy Act
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 378 of 1988 - Preservation of Personal Privacy (445.1711 - 445.1715) › Section 445.1712 - Record or Information Concerning Purchase, Lease, Rental, or Borrowing of Books or Other Written Materials, Sound Recordings, or Video Recordings; Disclosure of Customer Identification Prohibited; Exception.

445.1712 Record or information concerning purchase, lease, rental, or borrowing of books or other written materials, sound recordings, or video recordings; disclosure of customer identification prohibited; exception.
Sec. 2.
(1) Subject to subsection (2) and except as provided in section 3 or as otherwise provided by law, a person, or an employee or agent of the person, engaged in the business of selling at retail, renting, or lending books or other written materials, sound recordings, or video recordings shall not knowingly disclose to any person, other than the customer, a record or information that personally identifies the customer as having purchased, leased, rented, or borrowed those materials from the person engaged in the business.
(2) This section does not apply to the disclosure of a record or information that has been aggregated or has been processed in a manner designed to prevent its association with an identifiable customer.
History:
1988, Act 378, Eff. Mar. 30, 1989 ;-- Am. 2016, Act 92, Eff. July 31, 2016
Compiler's Notes:
Enacting section 2 of Act 92 of 2016 provides:"Enacting section 2. This amendatory act is curative and intended to clarify that the prohibitions on disclosing information contained in 1988 PA 378, MCL 445.1711 to 445.1715, do not prohibit disclosing information if it is incident to the ordinary course of business of the person disclosing the information, including marketing goods and services to customers or potential customers when written notice is provided, and that a civil action for a violation of those prohibitions may only be brought by a customer who has suffered actual damages as a result of the violation."
Popular Name:
Video Rental Privacy Act
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 378 of 1988 - Preservation of Personal Privacy (445.1711 - 445.1715) › Section 445.1714 - Violation as Misdemeanor.

445.1714 Violation as misdemeanor.
Sec. 4.
A person that violates this act is guilty of a misdemeanor.
History:
1988, Act 378, Eff. Mar. 30, 1989 ;-- Am. 2016, Act 92, Eff. July 31, 2016
Compiler's Notes:
Enacting section 2 of Act 92 of 2016 provides:"Enacting section 2. This amendatory act is curative and intended to clarify that the prohibitions on disclosing information contained in 1988 PA 378, MCL 445.1711 to 445.1715, do not prohibit disclosing information if it is incident to the ordinary course of business of the person disclosing the information, including marketing goods and services to customers or potential customers when written notice is provided, and that a civil action for a violation of those prohibitions may only be brought by a customer who has suffered actual damages as a result of the violation."
Popular Name:
Video Rental Privacy Act
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 378 of 1988 - Preservation of Personal Privacy (445.1711 - 445.1715) › Section 445.1715 - Civil Action; Damages.

445.1715 Civil action; damages.
Sec. 5.
(1) Regardless of any criminal prosecution for the violation, a person that violates this act may be liable in a civil action for damages to a customer under subsection (2).
(2) A customer described in subsection (1) who suffers actual damages as a result of a violation of this act may bring a civil action against the person that violated this act and may recover both of the following:
(a) The customer's actual damages, including damages for emotional distress.
(b) Reasonable costs and attorney fees.
(3) No liability may result from the lawful disclosure of a record or information that is permitted under section 3.
History:
Add. 1989, Act 206, Imd. Eff. Nov. 7, 1989 ;-- Am. 2016, Act 92, Eff. July 31, 2016
Compiler's Notes:
Enacting section 2 of Act 92 of 2016 provides:"Enacting section 2. This amendatory act is curative and intended to clarify that the prohibitions on disclosing information contained in 1988 PA 378, MCL 445.1711 to 445.1715, do not prohibit disclosing information if it is incident to the ordinary course of business of the person disclosing the information, including marketing goods and services to customers or potential customers when written notice is provided, and that a civil action for a violation of those prohibitions may only be brought by a customer who has suffered actual damages as a result of the violation."
Popular Name:
Video Rental Privacy Act
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 389 of 1988 - Roller Skating Safety Act of 1988 (445.1721 - 445.1726) › Section 445.1721 - Short Title.

445.1721 Short title.
Sec. 1.
This act shall be known and may be cited as the "roller skating safety act of 1988".
History:
1988, Act 389, Eff. Mar. 30, 1989
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 389 of 1988 - Roller Skating Safety Act of 1988 (445.1721 - 445.1726) › Section 445.1722 - Definitions.

445.1722 Definitions.
Sec. 2.
As used in this act:
(a) "Emergency personnel" means police, fire, or other appropriate emergency medical personnel.
(b) "Operator" means a person or entity who owns or controls or who has operational responsibility for a roller skating center.
(c) "Roller skater" means a person wearing roller skates while that person is in a roller skating center for the purpose of roller skating.
(d) "Roller skating center" means a building, facility, or premises which provides an area specifically designed to be used for roller skating by the public.
(e) "Spectator" means a person who is present in a roller skating center only for the purpose of observing skating activity, whether recreational or competitive.
History:
1988, Act 389, Eff. Mar. 30, 1989
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 389 of 1988 - Roller Skating Safety Act of 1988 (445.1721 - 445.1726) › Section 445.1723 - Duties of Roller Skating Center Operator.

445.1723 Duties of roller skating center operator.
Sec. 3.
Each roller skating center operator shall do all of the following:
(a) Post the duties of roller skaters and spectators as prescribed in this act and the duties, obligations, and liabilities of operators as prescribed in this act in conspicuous places.
(b) Comply with the safety standards specified in the roller skating rink safety standards published by the roller skating rink operators association, (1980).
(c) Maintain roller skating equipment and roller skating surfaces according to the safety standards cited in subdivision (b).
(d) Maintain the stability and legibility of all required signs, symbols, and posted notices.
History:
1988, Act 389, Eff. Mar. 30, 1989
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 389 of 1988 - Roller Skating Safety Act of 1988 (445.1721 - 445.1726) › Section 445.1724 - Duties of Roller Skater.

445.1724 Duties of roller skater.
Sec. 4.
While in a roller skating area, each roller skater shall do all of the following:
(a) Maintain reasonable control of his or her speed and course at all times.
(b) Read all posted signs and warnings.
(c) Maintain a proper lookout to avoid other roller skaters and objects.
(d) Accept the responsibility for knowing the range of his or her own ability to negotiate the intended direction of travel while on roller skates and to skate within the limits of that ability.
(e) Refrain from acting in a manner which may cause injury to others.
History:
1988, Act 389, Eff. Mar. 30, 1989
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 389 of 1988 - Roller Skating Safety Act of 1988 (445.1721 - 445.1726) › Section 445.1725 - Acceptance of Dangers Inherent in Roller Skating.

445.1725 Acceptance of dangers inherent in roller skating.
Sec. 5.
Each person who participates in roller skating accepts the danger that inheres in that activity insofar as the dangers are obvious and necessary. Those dangers include, but are not limited to, injuries that result from collisions with other roller skaters or other spectators, injuries that result from falls, and injuries which involve objects or artificial structures properly within the intended travel of the roller skater which are not otherwise attributable to the operator's breach of his or her common law duties.
History:
1988, Act 389, Eff. Mar. 30, 1989
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 389 of 1988 - Roller Skating Safety Act of 1988 (445.1721 - 445.1726) › Section 445.1726 - Violation; Civil Action for Damages.

445.1726 Violation; civil action for damages.
Sec. 6.
A roller skater, spectator, or operator who violates this act shall be liable in a civil action for damages for that portion of the loss or damage resulting from the violation.
History:
1988, Act 389, Eff. Mar. 30, 1989
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 257 of 1989 - Cleaning, Repair, or Storage Services (445.1751 - 445.1763) › Section 445.1751 - Definitions.

445.1751 Definitions.
Sec. 1.
As used in this act:
(a) "Article" means any clothing, garment, wearing apparel, leather garment, fur coat or garment, curtain, drapery, rug, carpet, or household furnishing.
(b) "Business" means an individual, partnership, corporation, or other legal entity which, for compensation, provides cleaning or repair services.
(c) "Cleaning or repair services" means 1 or more of the following services in relation to an article:
(i) Dry cleaning.
(ii) Dyeing.
(iii) Pressing.
(iv) Laundering.
(v) Alterations.
(vi) Fabric repair.
(d) "Storage" means the keeping of an article by a business, at the request of the person leaving the article, for a period of time as specified in a receipt or other written document.
History:
1989, Act 257, Imd. Eff. Dec. 26, 1989
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 257 of 1989 - Cleaning, Repair, or Storage Services (445.1751 - 445.1763) › Section 445.1753 - Cleaning or Repair Services; Loss of Ownership Rights.

445.1753 Cleaning or repair services; loss of ownership rights.
Sec. 3.
Except as provided in section 7, the owner of an article delivered to a business for the purpose of cleaning or repair services shall lose his or her ownership rights to the article not less than 1 year after the date the article was delivered to the business if the article has been in the possession of the business for more than 1 year after the date of delivery to that business.
History:
1989, Act 257, Imd. Eff. Dec. 26, 1989
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 257 of 1989 - Cleaning, Repair, or Storage Services (445.1751 - 445.1763) › Section 445.1755 - Storage; Loss of Ownership Rights.

445.1755 Storage; loss of ownership rights.
Sec. 5.
Except as provided in section 7, the owner of an article delivered to a business for the purpose of storage shall lose his or her ownership rights to the article not less than 1 year after the date on which the storage agreement terminated or expired if the article has been in the possession of that business for more than 1 year after the storage agreement terminated or expired.
History:
1989, Act 257, Imd. Eff. Dec. 26, 1989
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 257 of 1989 - Cleaning, Repair, or Storage Services (445.1751 - 445.1763) › Section 445.1757 - Regaining of Ownership Rights; Circumstances.

445.1757 Regaining of ownership rights; circumstances.
Sec. 7.
The owner of an article may regain his or her ownership rights in an article where the ownership rights were terminated pursuant to section 3, 5, or 9 if both of the following circumstances exist:
(a) The business has not sold, donated, or otherwise disposed of the article.
(b) The person desiring to regain his or her ownership rights pays the amount owing for cleaning or repair services or storage.
History:
1989, Act 257, Imd. Eff. Dec. 26, 1989
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 257 of 1989 - Cleaning, Repair, or Storage Services (445.1751 - 445.1763) › Section 445.1759 - Termination of Owner's Rights to Article; Circumstances; Business as Owner of Article; Disposition of Article.

445.1759 Termination of owner's rights to article; circumstances; business as owner of article; disposition of article.
Sec. 9.
(1) On or after the effective date of this act, the owner's rights to an article shall immediately terminate if any of the following circumstances exists:
(a) The article was delivered to the business for the purpose of cleaning or repair services and has been in the possession of that business for more than 1 year after the date of delivery to that business.
(b) The article was delivered to the business for the purpose of storage and has been in the possession of that business for more than 1 year after the date the storage agreement terminated or expired.
(2) Upon the loss of the owner's rights to an article as provided for by this act, the business shall become the owner of the article.
(3) A business may sell, donate, or otherwise dispose of an article upon the loss of the owner's rights to an article.
History:
1989, Act 257, Imd. Eff. Dec. 26, 1989
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 257 of 1989 - Cleaning, Repair, or Storage Services (445.1751 - 445.1763) › Section 445.1761 - Display of Notices.

445.1761 Display of notices.
Sec. 11.
A business shall display in a prominent place in its retail store notices substantially complying with the following:
"ANY CLOTHING, GARMENT, WEARING APPAREL, LEATHER GARMENT, FUR COAT OR GARMENT, CURTAIN, DRAPERY, RUG, CARPET, OR HOUSEHOLD FURNISHING DRY CLEANED, DYED, PRESSED, LAUNDERED, ALTERED, OR REPAIRED WHICH IS NOT PICKED UP WITHIN 1 YEAR AFTER THE DATE IT WAS DELIVERED MAY BE SOLD, DONATED, OR OTHERWISE DISPOSED OF PURSUANT TO ACT NO. _____ OF THE PUBLIC ACTS OF _____."
"ANY CLOTHING, GARMENT, WEARING APPAREL, LEATHER GARMENT, FUR COAT OR GARMENT, CURTAIN, DRAPERY, RUG, CARPET, OR HOUSEHOLD FURNISHING DELIVERED FOR STORAGE WHICH IS NOT PICKED UP WITHIN 1 YEAR AFTER THE DATE THE STORAGE AGREEMENT TERMINATED OR EXPIRED MAY BE SOLD, DONATED, OR OTHERWISE DISPOSED OF PURSUANT TO ACT NO. _____ OF THE PUBLIC ACTS OF _____."
History:
1989, Act 257, Imd. Eff. Dec. 26, 1989
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 257 of 1989 - Cleaning, Repair, or Storage Services (445.1751 - 445.1763) › Section 445.1763 - Repeal of MCL 570.211 to 570.217.

445.1763 Repeal of MCL 570.211 to 570.217.
Sec. 13.
Act No. 43 of the Public Acts of 1943, being sections 570.211 to 570.217 of the Michigan Compiled Laws, is repealed.
History:
1989, Act 257, Imd. Eff. Dec. 26, 1989
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 48 of 1990 - Facsimile Machines (445.1771 - 445.1776) › Section 445.1771 - Definitions.

445.1771 Definitions.
Sec. 1.
As used in this act:
(a) "Advertisement" means a message or material transmitted over a facsimile machine for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase of real property, goods, or services.
(b) "Department" means the department of the attorney general.
(c) "Facsimile machine" means a machine which electronically transmits facsimiles of documents through connection with a telephone network.
(d) "Person" means an individual, partnership, association, corporation, or other legal entity.
History:
1990, Act 48, Eff. Mar. 28, 1991
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 48 of 1990 - Facsimile Machines (445.1771 - 445.1776) › Section 445.1772 - Sending Advertisement by Facsimile Machine; Consent.

445.1772 Sending advertisement by facsimile machine; consent.
Sec. 2.
(1) A person shall not send an advertisement to another person by means of a facsimile machine without first obtaining, by means other than by a facsimile machine, the consent of the person who will receive the advertisement.
(2) Consent may be given by telephone to a particular vendor or by general notification to marketing or industry trade associations.
(3) Consent to have a facsimile machine telephone number published in a directory or disseminated in any other manner shall not be construed as consent to receive an advertisement under this act.
History:
1990, Act 48, Eff. Mar. 28, 1991
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 48 of 1990 - Facsimile Machines (445.1771 - 445.1776) › Section 445.1773 - Notice of Violation; Cease and Desist Order; Opportunity to Confer; Service.

445.1773 Notice of violation; cease and desist order; opportunity to confer; service.
Sec. 3.
(1) If the attorney general has reason to believe that a person has engaged, is engaging, or is about to engage in an act that violates section 2, he or she shall notify the person of the violation and order the person to cease and desist from the act and provide the person the opportunity to confer with the attorney general in person, by counsel, or by other representative.
(2) The notice may be given to the person by mail, postage prepaid, to his or her usual place of business or, if the person does not have a usual place of business, to his or her last known address, or, with respect to a corporation, to the resident agent who is designated to receive service of process or to an officer of the corporation.
(3) A prosecuting attorney or law enforcement officer having reason to believe an alleged violation of this act has occurred shall immediately forward written notice of the alleged violation, together with any information he or she may have, to the attorney general.
History:
1990, Act 48, Eff. Mar. 28, 1991
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 48 of 1990 - Facsimile Machines (445.1771 - 445.1776) › Section 445.1774 - Assurance of Discontinuance.

445.1774 Assurance of discontinuance.
Sec. 4.
(1) The attorney general may accept an assurance of discontinuance of an act which is a violation under section 2 from the person who has engaged, is engaging, or is about to engage in the act.
(2) Except for an action commenced pursuant to section 5, the assurance shall not constitute an admission nor be introduced in any other proceeding.
(3) An assurance of discontinuance shall be in writing and filed with the department. The department shall maintain a record of all filings.
(4) The terms of the assurance of discontinuance may be enforced in an action commenced pursuant to section 5.
History:
1990, Act 48, Eff. Mar. 28, 1991
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 48 of 1990 - Facsimile Machines (445.1771 - 445.1776) › Section 445.1775 - Injunction, Order, Decree, or Judgment; Civil Fine; Jurisdiction.

445.1775 Injunction, order, decree, or judgment; civil fine; jurisdiction.
Sec. 5.
(1) If the attorney general has probable cause to believe a person has continued to violate this act after notice has been provided under section 3 or that the person has violated an assurance of discontinuance entered under section 4, the attorney general may bring an action to restrain the person by temporary or permanent injunction from engaging in the act or to enforce the terms of the assurance of discontinuance. The action may be brought in the circuit court of the county where the person is established or conducts business or in the circuit court of Ingham county.
(2) A person who knowingly violates the terms of an injunction, order, decree, or judgment issued pursuant to this section or the terms of an assurance of discontinuance under section 4 shall forfeit and pay to the state a civil fine of not more than $500.00 for each violation.
(3) For the purposes of this section, the court issuing an injunction, order, decree, or judgment shall retain jurisdiction and the attorney general may petition the court for recovery of the civil fine as provided by this section.
History:
1990, Act 48, Eff. Mar. 28, 1991
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 48 of 1990 - Facsimile Machines (445.1771 - 445.1776) › Section 445.1776 - Civil Suit.

445.1776 Civil suit.
Sec. 6.
A person who receives an advertisement in violation of this act may file a civil suit in the court of proper jurisdiction to recover actual damages or $500.00, whichever is greater, plus reasonable attorney fees, if any of the following occurred before the person received the advertisement:
(a) The attorney general issued a notice to cease and desist under section 3 to the person who sent the advertisement.
(b) The person who sent the advertisement entered into an assurance of discontinuance under section 4.
(c) The person notified the sender in writing that the sender did not have the person's consent to send an advertisement.
History:
1990, Act 48, Eff. Mar. 28, 1991 ;-- Am. 1998, Act 93, Eff. Mar. 23, 1999
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 134 of 1990 - Motor Fuel Distribution Act (445.1801 - 445.1808) › Section 445.1801 - Short Title.

445.1801 Short title.
Sec. 1.
This act shall be known and may be cited as the "motor fuel distribution act".
History:
1990, Act 134, Eff. Oct. 1, 1990
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 134 of 1990 - Motor Fuel Distribution Act (445.1801 - 445.1808) › Section 445.1802 - Definitions.

445.1802 Definitions.
Sec. 2.
As used in this act:
(a) "Contract" means any oral or written agreement.
(b) "Franchise" means a contract between a refiner and a retailer or between a distributor and a retailer, under which a refiner or distributor authorizes or permits a retailer to use, in connection with the sale, consignment, or distribution of gasoline, diesel, gasohol, or aviation fuel, a trademark that is owned or controlled by a refiner, or by a refiner that supplies fuel to the distributor that authorizes or permits such use. Franchise includes, but is not limited to, both of the following:
(i) A contract under which a retailer is authorized or permitted to occupy leased marketing premises, which premises are to be employed in connection with the sale, consignment, or distribution of fuel under a trademark that is owned or controlled by a refiner.
(ii) A contract pertaining to the supply of fuel that is to be sold, consigned, or distributed by a retailer under a trademark owned or controlled by a refiner.
(c) "Distributor" means a person, including any affiliate of the person, who meets either of the following requirements:
(i) Purchases motor fuel for sale, consignment, or distribution to another.
(ii) Receives motor fuel on consignment for consignment or distribution to his or her own motor fuel accounts or to accounts of his or her supplier, but does not include a person who is an employee of, or merely serves as a common carrier providing transportation service for the supplier.
(d) "Franchisee" means a retailer who is authorized or permitted, under a franchise, to use a trademark in connection with the sale, consignment, or distribution of fuel. Franchisee does not include a distributor which resells motor fuel to retailers, to the general public, or to both retailers and the general public.
(e) "Franchisor" means a refiner or distributor who authorizes or permits, under a franchise, a retailer to use a trademark in connection with the sale, consignment, or distribution of fuel.
(f) "Marketing premises" means, in the case of any franchise, premises that, under the franchise, are to be employed by the franchisee in connection with the sale, consignment, or distribution of motor fuel.
(g) "Motor fuel" means gasoline and diesel fuel of a type distributed for use as a fuel in self-propelled vehicles designed primarily for use on public streets, roads, and highways.
(h) "Refiner" means a person engaged in the refining of crude oil to produce motor fuel, and includes any affiliate of the person.
(i) "Retailer" means any person who purchases motor fuel for sale to the general public for ultimate consumption.
History:
1990, Act 134, Eff. Oct. 1, 1990
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 134 of 1990 - Motor Fuel Distribution Act (445.1801 - 445.1808) › Section 445.1803 - Death of Franchisee; Devolution of Franchise and Lease or Other Agreement to Designated Successor or Secondary Designee; Standards; Limitation; Notice; Applicability of Section.

445.1803 Death of franchisee; devolution of franchise and lease or other agreement to designated successor or secondary designee; standards; limitation; notice; applicability of section.
Sec. 3.
(1) Following the death of a franchisee, who is not a trial franchise retailer, the franchise and any lease or other agreement in connection with the franchise shall devolve to the designated successor or secondary designee of the franchisee if prior to the franchisee's death the franchisee notified the franchisor in writing of the name, address, and relationship of the designated successor and secondary designee. The designated successor and secondary designee shall meet the reasonable standards normally required by the franchisor of a prospective franchisee at the time of the franchisee's death.
(2) The franchise shall devolve to the secondary designee in the event the designated successor is unable to operate the franchise.
(3) The designated successor and secondary designee shall be limited to, unless otherwise agreed to by the parties, the franchisee's surviving spouse, adult child, stepchild, son-in-law, or daughter-in-law. The designated successor or secondary designee shall not be a previously terminated or nonrenewed retailer of the franchisor.
(4) Within 30 days of the death of the franchisee, the designated successor or secondary designee shall give written notice to the franchisor of his or her election to assume and to operate the franchise, and shall promptly provide any information reasonably requested by the franchisor. If the designated successor or secondary designee fails to give the notice, the franchisor gives the designated successor or secondary designee written notice, specifying the reasons, that the designated successor or secondary designee fails to meet at least 1 of the reasonable standards normally required by the franchisor of a prospective franchisee, or the franchise has not been operated in accordance with the terms and conditions contained in the franchise by the franchisee, then the designated successor or secondary designee shall have no further rights or obligations under the franchise.
(5) This section shall not apply to a franchise where a mutual termination has been executed or an outstanding notice of termination or nonrenewal has been given by the franchisor prior to the death of the franchisee.
History:
1990, Act 134, Eff. Oct. 1, 1990
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 134 of 1990 - Motor Fuel Distribution Act (445.1801 - 445.1808) › Section 445.1804 - Franchise and Lease or Other Agreement; Transfer or Assignment; Consent; Standards; Notice of Intent; Objection; Approval; Compliance; Assumption of Obligations; Effect of Termination or Nonrenewal of Franchise; Option of Franchisor to Purchase; Exception.

445.1804 Franchise and lease or other agreement; transfer or assignment; consent; standards; notice of intent; objection; approval; compliance; assumption of obligations; effect of termination or nonrenewal of franchise; option of franchisor to purchase; exception.
Sec. 4.
(1) A franchise agreement and any other lease or agreement in connection with the franchise agreement between a franchisor and a franchisee shall be transferable or assignable if the franchisor consents to the assignment. The franchisor's consent shall not be unreasonably withheld. A proposed assignee shall meet the standards normally required by the franchisor of a prospective franchisee.
(2) Prior to any transfer or assignment by the franchisee, the franchisee shall provide written notice to the franchisor of an intention to transfer or assign setting forth the prospective assignee's name, address, statement of financial qualification and business experience during the previous 5 years, and such further information as the franchisor shall reasonably request.
(3) The franchisor, within 60 days after receipt of the notice of intent and all requested information, shall advise the franchisee of its consent or objection to the transfer or assignment.
(4) If the franchisor objects to the transfer or assignment, it shall state its reasons in writing to the franchisee. If the franchisor does not reply within 60 days, approval of the transfer or assignment shall be considered granted.
(5) The transfer or assignment shall not be valid until the assignee agrees in writing to comply with all the requirements of the franchise and any other lease or agreement in connection with the franchise then in ef fect and assumes all obligations of the franchisee.
(6) A franchisee may not exercise the right of assignment or transfer after he or she has been notified of termination or nonrenewal of the franchise for a cause permitted in the petroleum marketing practices act, Public Law 95-297, 15 U.S.C. 2801 to 2806 and 2821 to 2841.
(7) A franchisee shall not sell, convey, or otherwise dispose of the franchisee's interest in a lease, any franchise relationship attendant to a lease, or the franchisee's business as related to a lease without first giving the franchisor an option to purchase or otherwise acquire the interest on the same terms and conditions as set forth in any contract entered into and fully executed by the franchisee in a bona fide transaction, except for a sale or transfer from the franchisee to the franchisee's spouse, adult child, stepchild, son-in-law, or daughter-in-law.
History:
1990, Act 134, Eff. Oct. 1, 1990
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 134 of 1990 - Motor Fuel Distribution Act (445.1801 - 445.1808) › Section 445.1805 - Closing During Holiday.

445.1805 Closing during holiday.
Sec. 5.
(1) The franchisor shall not prohibit a franchisee from closing during 1 recognized holiday per calendar year as determined by the franchisee.
(2) The franchisee shall provide the franchisor with not less than 60 days' notice of any closing due to a holiday.
(3) The period of closing under this section shall be limited to the 36-hour period of 6 p.m. the day before the holiday to 6 a.m. the day after the holiday.
(4) This section does not apply to marketing premises used by the franchisee that are located within 1/2 mile of an interstate highway exit or U.S. route.
History:
1990, Act 134, Eff. Dec. 1, 1991
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 134 of 1990 - Motor Fuel Distribution Act (445.1801 - 445.1808) › Section 445.1806 - Violation of Act Resulting in Injury; Action for Injunctive Relief or Damages; Jurisdiction; Fees and Costs.

445.1806 Violation of act resulting in injury; action for injunctive relief or damages; jurisdiction; fees and costs.
Sec. 6.
A person injured in the person's business or property by reason of a violation of this act may bring an action in the court having jurisdiction in the county where the defendant resides or is found, where the agent of the defendant resides or is found, or where service may be obtained, for injunctive relief or to recover the damages sustained by the person, or both, and shall be awarded reasonable attorney fees and costs of the action.
History:
1990, Act 134, Eff. Oct. 1, 1990
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 134 of 1990 - Motor Fuel Distribution Act (445.1801 - 445.1808) › Section 445.1807 - Applicability of Act.

445.1807 Applicability of act.
Sec. 7.
This act shall not apply to any distributor who is not authorized to distribute motor fuels under a trademark owned or controlled by a refiner.
History:
1990, Act 134, Eff. Oct. 1, 1990
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 134 of 1990 - Motor Fuel Distribution Act (445.1801 - 445.1808) › Section 445.1808 - Effective Date of MCL 445.1801, 445.1802, 445.1803, 445.1804, 445.1806, 445.1807; Effective Date of MCL 445.1805.

445.1808 Effective date of MCL 445.1801, 445.1802, 445.1803, 445.1804, 445.1806, 445.1807; effective date of MCL 445.1805.
Sec. 8.
(1) Sections 1, 2, 3, 4, 6, and 7 shall take effect October 1, 1990.
(2) Section 5 shall take effect December 1, 1991.
History:
1990, Act 134, Imd. Eff. June 26, 1990
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 160 of 1994 - Credit Services Protection Act (445.1821 - 445.1826) › Section 445.1821 - Short Title.

445.1821 Short title.
Sec. 1.
This act shall be known and may be cited as the "credit services protection act".
History:
1994, Act 160, Imd. Eff. June 13, 1994
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 160 of 1994 - Credit Services Protection Act (445.1821 - 445.1826) › Section 445.1822 - Definitions.

445.1822 Definitions.
Sec. 2.
As used in this act:
(a) "Buyer" means a person who is solicited to purchase or who purchases the services of a credit services organization.
(b) "Credit services organization" means, except as otherwise provided in subdivision (c), a person who, in return for consideration, attempts to sell, provide, or perform 1 or more of the following:
(i) The improvement of a person's credit record, history, or rating.
(ii) The obtainment of an extension of credit.
(iii) Advice or assistance regarding the improvement or repair of a person's credit record, history, or rating.
(iv) Advice or assistance regarding the obtainment of an extension of credit.
(v) Advice or assistance regarding foreclosure of a real estate mortgage.
(vi) Serve as an intermediate between a debtor and a creditor on behalf of the debtor regarding credit that was extended prior to any agreement to have the credit services organization serve as an intermediate.
(c) Credit services organization does not include any of the following:
(i) A person who is licensed in this state or otherwise authorized to make loans or extend credit under any state statute while engaged in the regular course of business under that state statute, other than 1966 PA 326, MCL 438.31 to 438.33.
(ii) A federal or state chartered bank, credit union, savings bank, or savings and loan institution, an entity of the federally chartered farm credit system, or any solely owned subsidiary thereof.
(iii) A person licensed under the occupational code, 1980 PA 299, MCL 339.101 to 339.2919, when engaged in the regular course of business.
(iv) A person licensed to practice law in this state if the person renders services within the course of that person's practice as an attorney and does not engage in the business of a credit services organization on a regular and continuing basis.
(v) A judicial officer or other person acting under court order.
(vi) A consumer reporting agency, as defined in section 603 of the fair credit reporting act, 15 USC 1681a, while engaged in the regular course of the credit reporting business.
(vii) A debt management business licensed under the debt management act, 1975 PA 148, MCL 451.411 to 451.437, while engaged in the regular course of business under that act.
(viii) An investment adviser or broker-dealer registered under the uniform securities act, 1964 PA 265, MCL 451.501 to 451.818, or the uniform securities act (2002), 2008 PA 551, MCL 451.2101 to 451.2703.
(ix) A nonprofit corporation that is exempt from taxation under section 501c(3) of the internal revenue code, 26 USC 501c(3).
(x) A finance subsidiary of a manufacturing corporation.
(d) "Extension of credit" means the right to defer payment of debt or to incur debt.
(e) "Person" means an individual, partnership, corporation, limited liability company, association, or other legal entity.
History:
1994, Act 160, Imd. Eff. June 13, 1994 ;-- Am. 2009, Act 97, Imd. Eff. Sept. 24, 2009
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 160 of 1994 - Credit Services Protection Act (445.1821 - 445.1826) › Section 445.1824 - Actions by Attorney General, County Prosecutor, or Buyer; Limitation; Other Legal Remedies Not Limited or Prohibited.

445.1824 Actions by attorney general, county prosecutor, or buyer; limitation; other legal remedies not limited or prohibited.
Sec. 4.
(1) Except as provided in subsection (2), the attorney general, a county prosecutor, or a buyer may bring an action to do 1 or more of the following:
(a) Enjoin a person who is engaged or is about to engage in a method, act, or practice that violates this act.
(b) Obtain a declaratory judgment that a method, act, or practice violates this act.
(c) Recover actual damages consisting of an amount not less than the amount paid by the buyer to the credit services organization, plus reasonable attorney fees and court costs. The court may also award the buyer any punitive damages that it considers proper.
(2) A person shall not bring an action under this act more than 4 years after the date of execution of the contract for services to which the action relates.
(3) In an action under this act, the burden of proving an exemption under section 2(c) is on the person claiming the exemption.
(4) This act does not limit or prohibit any other legal remedy available to the attorney general, a county prosecutor, or a buyer.
History:
1994, Act 160, Imd. Eff. June 13, 1994
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 160 of 1994 - Credit Services Protection Act (445.1821 - 445.1826) › Section 445.1825 - Violation as Misdemeanor; Penalty; Separate Offense; Recovery of Fees or Other Charges.

445.1825 Violation as misdemeanor; penalty; separate offense; recovery of fees or other charges.
Sec. 5.
(1) A person who violates this act is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of not more than $1,000.00, or both. Each transaction in violation of this act constitutes a separate offense.
(2) A credit services organization that violates this act is barred from recovering any fees or other charges from a buyer.
History:
1994, Act 160, Imd. Eff. June 13, 1994
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 160 of 1994 - Credit Services Protection Act (445.1821 - 445.1826) › Section 445.1826 - Repeal of MCL 445.1701 to 445.1708.

445.1826 Repeal of MCL 445.1701 to 445.1708.
Sec. 6.
Act No. 361 of the Public Acts of 1988, being sections 445.1701 to 445.1708 of the Michigan Compiled Laws, is repealed.
History:
1994, Act 160, Imd. Eff. June 13, 1994