reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 224 of 1966 - Retail Installment Sales Act (445.851 - 445.873) › Section 445.872 - Effect of Act as to Prior Contracts.

445.872 Effect of act as to prior contracts.
Sec. 22.
The provisions of this act shall not invalidate or make unlawful or unenforceable, retail installment contracts or retail charge agreements executed prior to the effective date of this act, or liabilities at any time incurred thereunder.
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 445.873 - Time Price Differential Consisting of Interest on Amount of Unpaid Principal Balance of Contract; Modifications.

445.873 Time price differential consisting of interest on amount of unpaid principal balance of contract; modifications.
Sec. 23.
Instead of a time price differential computed on the original principal balance, the seller may charge from time to time a time price differential consisting of interest on the amount of the unpaid principal balance of the contract. The transaction is subject to this act as modified by the following provisions:
(a) The number and amount of installment payments required to be stated under section 3 may be estimated for purposes of this section assuming that each scheduled payment is made on the date it is due and in the scheduled amount.
(b) The holder of the contract has the option of deferring interest charges that accrue due to installment payments being received later than the periodic installment due date. The deferred interest charge shall be computed on the basis of additional interest charges accruing for late installment payments and appropriate interest reductions for installment payments made before the due date. On contracts providing for equal monthly installments, if the final installment is more than 105% of a previous installment as a result of the deferred interest charges, the installment buyer shall be given the option to pay the deferred interest charges not less than 25 days after the date the last installment payment is due.
(c) If the entire principal balance is prepaid in full, together with all interest incurred to the date of prepayment, the balance of the original time price differential shall be canceled and the provisions of section 8 respecting a refund credit shall not be applicable.
History:
Add. 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 6 of 2008 - Owner Built Residence Transfer Act (445.881 - 445.891) › Section 445.881 - Short Title.

445.881 Short title.
Sec. 1.
This act shall be known and may be cited as the "owner built residence transfer act".
History:
2008, Act 6, Eff. Aug. 10, 2008
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 6 of 2008 - Owner Built Residence Transfer Act (445.881 - 445.891) › Section 445.883 - Definitions.

445.883 Definitions.
Sec. 3.
As used in this act:
(a) "Owner-builder" means an individual who is not a licensed residential builder and who builds, or acts as a general contractor for the construction of, a residential structure in which that individual or a member of that individual's family actually resides, or intends to occupy for his or her own use, upon the issuance of an occupancy permit.
(b) "Residential builder" means a person engaged in the construction of a residential structure or a combination residential and commercial structure who, for a fixed sum, price, fee, percentage, valuable consideration, or other compensation, other than wages for personal labor only, undertakes with another or offers to undertake or purports to have the capacity to undertake with another for the erection, construction, replacement, repair, alteration, or an addition to, subtraction from, improvement, wrecking of, or demolition of, a residential structure or combination residential and commercial structure; a person who manufactures, assembles, constructs, deals in, or distributes a residential or combination residential and commercial structure which is prefabricated, preassembled, precut, packaged, or shell housing; or a person who erects a residential structure or combination residential and commercial structure except for the person's own use and occupancy on the person's property.
(c) "Residential structure" means a premises used or intended to be used for a residence purpose and related facilities appurtenant to the premises used or intended to be used as an adjunct of residential occupancy.
History:
2008, Act 6, Eff. Aug. 10, 2008
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 6 of 2008 - Owner Built Residence Transfer Act (445.881 - 445.891) › Section 445.885 - Owner-Builder Residing in Residential Structure; Duties Upon Completion of Construction and Issuance of Occupancy Permit; Sale or Transfer of Ownership; Limitation.

445.885 Owner-builder residing in residential structure; duties upon completion of construction and issuance of occupancy permit; sale or transfer of ownership; limitation.
Sec. 5.
(1) An owner-builder intending to live in the residential structure at the onset of construction shall do either of the following upon completion of construction and issuance of the occupancy permit regarding a residential structure:
(a) Reside in the residential structure.
(b) Place the residential structure up for sale in any manner allowed by law if, due to unforeseen circumstances, the owner-builder is unable to reside in the residential structure. This subdivision allows the owner-builder to utilize this exception not more than once per calendar year.
(2) An owner-builder who actually lives, full- or part-time, in that residential structure shall not sell or transfer ownership of the residential structure to another person for at least 365 days after the owner-builder actually begins living, full- or part-time, in that residential structure.
History:
2008, Act 6, Eff. Aug. 10, 2008
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 6 of 2008 - Owner Built Residence Transfer Act (445.881 - 445.891) › Section 445.887 - Owner-Builder Notice; Requirements.

445.887 Owner-builder notice; requirements.
Sec. 7.
(1) An owner-builder who sells the residential structure, within 2 years or less after the date of the issuance of the occupancy permit, shall note in the owner-builder notice the fact that the residential structure was built by the owner.
(2) An owner-builder shall supply, at the time of offering the residential structure and on a separate sheet of paper, an owner-builder notice stating in 12-point font or larger that the residential structure was built by an owner-builder that is not a licensed builder. The notice shall be signed and dated by the owner-builder.
History:
2008, Act 6, Eff. Aug. 10, 2008
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 6 of 2008 - Owner Built Residence Transfer Act (445.881 - 445.891) › Section 445.889 - Failure to Disclose; Liability; Remedies.

445.889 Failure to disclose; liability; remedies.
Sec. 9.
(1) An owner-builder who fails to make the disclosures required under this act is liable for the following for up to 24 months after the completion of construction, first occupancy, or purchase, whichever occurs later:
(a) The cost of repair regarding any defects in workmanship.
(b) The cost of any repairs needed to bring the structure into compliance with the building code in effect at the time of the issuance of the occupancy permit.
(c) The cost for temporary shelter for the buyers if the repairs require the buyer to vacate temporarily or if the defects in the residential structure render it uninhabitable.
(2) The buyer of an owner-builder residential structure may bring an action in a court of competent jurisdiction for damages resulting from a violation of the disclosures required under this act. The action shall be brought not later than 24 months after completion of construction, first occupancy, or purchase, whichever comes later. If the buyer prevails in whole or part in an action brought under this section, the court shall award cost and actual attorney fees.
(3) The remedies under this act are cumulative and the use of a remedy under this act does not prevent the use of any other remedies allowed under law.
History:
2008, Act 6, Eff. Aug. 10, 2008
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 6 of 2008 - Owner Built Residence Transfer Act (445.881 - 445.891) › Section 445.891 - Effective Date.

445.891 Effective date.
Sec. 11.
This act takes effect 180 days after the date it is enacted into law.
History:
2008, Act 6, Eff. Aug. 10, 2008
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922) › Section 445.901 - Short Title.

445.901 Short title.
Sec. 1.
This act shall be known and may be cited as the "Michigan consumer protection act".
History:
1976, Act 331, Eff. Apr. 1, 1977
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922) › Section 445.903a - Home Appliance; Contents of Service Contract.

445.903a Home appliance; contents of service contract.
Sec. 3a.
(1) As used in this section, "company" means a person engaged in trade or commerce who provides a service contract to consumers.
(2) A service contract for the repair or maintenance of a home appliance shall contain the following provision:
If performance of the service contract is interrupted because of a strike or work stoppage at the company's place of business, the effective period of the service contract shall be extended for the period of the strike or work stoppage.
History:
Add. 1979, Act 150, Imd. Eff. Nov. 19, 1979
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922) › Section 445.903b - Failure of Seller to File Notice Unlawful; Form and Contents of Notice; Notice of Change in Information; Reference to MCL 445.903 Includes Reference to This Section.

445.903b Failure of seller to file notice unlawful; form and contents of notice; notice of change in information; reference to MCL 445.903 includes reference to this section.
Sec. 3b.
(1) In addition to the unfair, unconscionable, or deceptive methods, acts, or practices in the conduct of trade or commerce defined in section 3, it is unlawful for the seller of a business opportunity to fail to file a notice with the attorney general on or before the first sale of a business opportunity in this state if the purchaser pays more than $500.00 in total for the business opportunity from anytime before the date of sale to anytime within 6 months after the date of sale. The form of the notice shall be prescribed by the attorney general. The attorney general shall not require the seller to file more than the following information:
(a) The name of the seller.
(b) The name under which the seller intends to do business.
(c) The seller's principal business address.
(d) If the seller is not domiciled in Michigan, a consent to service of process.
(2) The seller shall immediately notify the attorney general of a change in the information contained in the notice.
(3) A reference to section 3 in this act shall be considered to include a reference to this section.
History:
Add. 1984, Act 91, Imd. Eff. Apr. 20, 1984
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922) › Section 445.903c - Advertising or Listing in Telephone Directory; Misrepresenting Name or Location Prohibited; Violation; Penalty; Applicability to Telephone Service Provider, Publisher, or Distributor.

445.903c Advertising or listing in telephone directory; misrepresenting name or location prohibited; violation; penalty; applicability to telephone service provider, publisher, or distributor.
Sec. 3c.
(1) A person shall not advertise or cause to be listed in a telephone directory an assumed or fictitious business name that intentionally misrepresents where the business is actually located or operating or falsely states that the business is located or operating in the same area covered by the telephone directory.
(2) A person who violates this section is subject to a civil fine of not less than $100.00 or more than $10,000.00.
(3) This section does not apply to a telephone service provider or to the publisher or distributor of a telephone service directory, unless the conduct proscribed in this section is on behalf of that telephone service provider or that publisher or distributor.
History:
Add. 1998, Act 229, Eff. Mar. 23, 1999
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922) › Section 445.903d - Advertising or Listing in Telephone Directory; Misrepresenting Name or Location Prohibited; Violation; Penalty; Applicability to Telephone Service Provider, Publisher, or Distributor.

445.903d Advertising or listing in telephone directory; misrepresenting name or location prohibited; violation; penalty; applicability to telephone service provider, publisher, or distributor.
Sec. 3d.
(1) A person shall not advertise or cause to be listed in a telephone directory a business address or local telephone number that intentionally misrepresents where the business is actually located or operating or that falsely states that the business is located or operating in the same area covered by the telephone directory.
(2) A person who violates this section is subject to a civil fine of not less than $100.00 or more than $10,000.00.
(3) This section does not apply to a telephone service provider or to the publisher or distributor of a telephone directory, unless the conduct proscribed in this section is on behalf of that telephone service provider or that publisher or distributor.
(4) This section does not apply to a telephone service provider that lists, in a telephone directory, a local telephone number that forwards calls to provide customer service.
History:
Add. 1998, Act 230, Eff. Mar. 23, 1999
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922) › Section 445.903f - Possession or Use of Gift Certificate; Charging Service Fee Prohibited; "Service Fee" Defined.

445.903f Possession or use of gift certificate; charging service fee prohibited; "service fee" defined.
Sec. 3f.
A person engaged in the retail sale of goods or services shall not charge an inactivity fee or other service fee to a consumer for the possession or use of a gift certificate. As used in this section, "service fee" does not include any fee charged to and paid by a consumer in connection with the sale of a gift certificate, unless the fee is deducted or debited from the face value of the gift certificate.
History:
Add. 2008, Act 211, Eff. Nov. 1, 2008
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922) › Section 445.903g - Expiration of Gift Certificate; Limitation.

445.903g Expiration of gift certificate; limitation.
Sec. 3g.
A person engaged in the retail sale of goods or services shall not sell a gift certificate to a consumer that expires within a period of less than 5 years.
History:
Add. 2008, Act 209, Eff. Nov. 1, 2008
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922) › Section 445.903h - Vehicle Rental Transaction; Inclusion of Vehicle License Cost Recovery Fee; Amount; Fee in Excess of Costs; Duties of Car Rental Company; Definitions.

445.903h Vehicle rental transaction; inclusion of vehicle license cost recovery fee; amount; fee in excess of costs; duties of car rental company; definitions.
Sec. 3h.
(1) At the time a car rental company provides a consumer with a price quote or estimate for a vehicle rental transaction, and in the rental agreement, the car rental company shall do either of the following:
(a) Provide an estimated total price for the vehicle rental transaction.
(b) Disclose the existence of any vehicle license cost recovery fee and any other separately stated mandatory fee.
(2) If a vehicle license cost recovery fee is included as a separately stated mandatory fee in a vehicle rental transaction, the amount of the fee shall be based on the car rental company's good-faith estimate of the car rental company's average per vehicle portion of the total annual costs to license, title, and register its vehicles. If the total amount of the vehicle license recovery fees collected by a car rental company under this section in any calendar year exceeds the car rental company's actual costs to license, title, and register rental vehicles for that calendar year, the car rental company shall do both of the following:
(a) Retain the excess amount.
(b) Adjust the vehicle license recovery fees for the following calendar year by reducing the fees by an amount equal to the excess amount collected in the preceding calendar year.
(3) As used in this section:
(a) "Car rental company" means a person whose primary business is renting vehicles to consumers under rental agreements for periods of 90 days or less.
(b) "Estimated total price" means an estimated total for a vehicle rental transaction based on the duration of the vehicle rental transaction, the rental rate, and any mandatory fees.
(c) "Mandatory fee" means a fee, charge, or surcharge that a car rental company includes in every vehicle rental transaction. A fee, charge, or surcharge associated with optional products and services available for purchase by a consumer at the time of rental is not a mandatory fee.
(d) "Vehicle" means a motor vehicle as defined in section 33 of the Michigan vehicle code, 1949 PA 300, MCL 257.33.
(e) "Vehicle license cost recovery fee" means a charge that may be included in a vehicle rental transaction originating in this state to recover costs incurred by a car rental company to license, title, and register rental vehicles.
History:
Add. 2008, Act 310, Imd. Eff. Dec. 18, 2008
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922) › Section 445.903i - Ownership or Operation of Clothing Donation Box; Definitions.

445.903i Ownership or operation of clothing donation box; definitions.
Sec. 3i.
(1) A person that engages in the conduct of trade or commerce and owns or operates a clothing donation box shall not do any of the following:
(a) Mark the clothing donation box or any sign near the clothing donation box in any manner that represents or implies that any personal property placed in the clothing donation box, or the proceeds of that personal property, is donated to 1 or more charitable organizations if it is not.
(b) Display the name, logo, trademark, or service mark of a charitable organization on a clothing donation box or on any sign near the clothing donation box if that charitable organization does not receive any of the personal property placed in the clothing donation box or any of the proceeds of that personal property.
(c) If charitable organizations receive some but not all of the personal property placed in the clothing donation box or the proceeds of that personal property, fail to clearly and conspicuously disclose on the donation box or on a sign at the donation box the name, address, and telephone number of each charitable organization that receives any of that property or those proceeds; what percentage of that property or those proceeds that charitable organization receives; the name, address, and telephone number of any other person that receives any of that property or those proceeds; and what percentage of that property or those proceeds that person receives.
(2) As used in this section:
(a) "Charitable organization" means a benevolent, educational, philanthropic, humane, patriotic, religious, or eleemosynary organization of persons organized for any lawful purpose or purposes not involving pecuniary profit or gain for its officers or members.
(b) "Clothing donation box" means a receptacle in which a person may place clothing or other items of personal property he or she intends to donate to a charitable organization and that has a capacity of at least 27 cubic feet.
History:
Add. 2010, Act 195, Imd. Eff. Oct. 5, 2010
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922) › Section 445.903l - Third-Party Delivery Service; Prohibition on Use of Likeness, Trademark, or Other Property of Restaurant; Written Agreement; Definitions.

445.903l Third-party delivery service; prohibition on use of likeness, trademark, or other property of restaurant; written agreement; definitions.
Sec. 3l. (1) A third-party delivery service shall not use a likeness, trademark, or other intellectual property belonging to a restaurant without obtaining written consent from the restaurant to use the likeness, trademark, or other intellectual property. Written consent under this subsection must be reflected in a valid agreement.
(2) To enter into a valid agreement under this section, the third-party delivery service must be registered to do business in this state.
(3) An agreement under this section must not require the restaurant to indemnify the third-party delivery service, an independent contractor acting on behalf of the third-party delivery service, or a registered agent of the third-party delivery service for damages or harm that may occur after a product leaves the restaurant's place of business. A provision of an agreement that is contrary to this section is void and unenforceable. This subsection applies only to an agreement that takes effect or is extended, renewed, or modified after the effective date of the amendatory act that added this section.
(4) As used in this section:
(a) "Agreement" means a written contractual agreement between a restaurant and a third-party delivery service.
(b) "Business entity" means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity.
(c) "Customer" means a person that places an order for a restaurant's product through a marketplace.
(d) "Likeness" means an identifiable symbol attributed and easily identified as belonging to a specific restaurant.
(e) "Marketplace" means a third-party delivery service's proprietary online communication platform where customers can view and search the menus of restaurants or place an order for restaurants' products, or both, via the third-party delivery service's website or mobile application for delivery by the third-party delivery service to the customer.
(f) "Restaurant" means a food service establishment defined and licensed under the food law, 2000 PA 92, MCL 289.1101 to 289.8111.
(g) "Third-party delivery service" means a business entity, other than a restaurant, that provides limited delivery services to customers.
History:
Add. 2020, Act 296, Eff. April 1, 2021
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922) › Section 445.904 - Exemptions; Burden of Proof.

445.904 Exemptions; burden of proof.
Sec. 4.
(1) This act does not apply to either of the following:
(a) A transaction or conduct specifically authorized under laws administered by a regulatory board or officer acting under statutory authority of this state or the United States.
(b) An act done by the publisher, owner, agent, or employee of a newspaper, periodical, directory, radio or television station, or other communications medium in the publication or dissemination of an advertisement unless the publisher, owner, agent, or employee knows or, under the circumstances, reasonably should know of the false, misleading, or deceptive character of the advertisement or has a direct financial interest in the sale or distribution of the advertised goods, property, or service.
(2) Except for the purposes of an action filed by a person under section 11, this act does not apply to or create a cause of action for an unfair, unconscionable, or deceptive method, act, or practice that is made unlawful by any of the following:
(a) The banking code of 1999, 1999 PA 276, MCL 487.11101 to 487.15105.
(b) 1939 PA 3, MCL 460.1 to 460.11.
(c) The motor carrier act, 1933 PA 254, MCL 475.1 to 479.43.
(d) The savings bank act, 1996 PA 354, MCL 487.3101 to 487.3804.
(e) The credit union act, 2003 PA 215, MCL 490.101 to 490.601.
(3) This act does not apply to or create a cause of action for an unfair, unconscionable, or deceptive method, act, or practice that is made unlawful by chapter 20 of the insurance code of 1956, 1956 PA 218, MCL 500.2001 to 500.2093, if either of the following is met:
(a) The method, act, or practice occurred on or after March 28, 2001.
(b) The method, act, or practice occurred before March 28, 2001. However, this subdivision does not apply to or limit a cause of action filed with a court concerning a method, act, or practice if the cause of action was filed in a court of competent jurisdiction on or before June 5, 2014.
(4) The burden of proving an exemption from this act is upon the person claiming the exemption.
History:
1976, Act 331, Eff. Apr. 1, 1977 ;-- Am. 1993, Act 10, Imd. Eff. Mar. 31, 1993 ;-- Am. 2000, Act 432, Eff. Mar. 28, 2001 ;-- Am. 2003, Act 216, Imd. Eff. Dec. 2, 2003 ;-- Am. 2014, Act 251, Eff. Mar. 31, 2015
Compiler's Notes:
Enacting section 1 of Act 251 of 2014 provides:"Enacting section 1. This amendatory act is retroactive and is effective March 28, 2001."Enacting section 2 of Act 251 of 2014 provides:"Enacting section 2. This amendatory act is curative and intended to prevent any misinterpretation that this act applies to or creates a cause of action for an unfair, unconscionable, or deceptive method, act, or practice occurring before March 28, 2001 that is made unlawful by chapter 20 of the insurance code of 1956, 1956 PA 218, MCL 500.2001 to 500.2093, that may result from the decision of the Michigan supreme court in Converse v Auto Club Group Ins Co, No. 142917, October 26, 2012. "
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922) › Section 445.906 - Assurance of Discontinuance of Method, Act, or Practice.

445.906 Assurance of discontinuance of method, act, or practice.
Sec. 6.
(1) When the attorney general has authority to institute an action or proceeding pursuant to section 5, he may accept an assurance of discontinuance of a method, act, or practice which is alleged to be unlawful under section 3 from the person who is alleged to have engaged, be engaging, or be about to engage in the method, act, or practice. The assurance shall not constitute an admission of guilt nor be introduced in any other proceeding. The assurance may include a stipulation for any or all of the following:
(a) The voluntary payment by the person for the costs of investigation.
(b) An amount to be held in escrow pending the outcome of an action.
(c) An amount for restitution to an aggrieved person.
(2) An assurance of discontinuance shall be in writing and may be filed with the circuit court of Ingham county. The clerk of the court shall maintain a record of the filings. Unless rescinded by the parties or voided by a court for good cause, the assurance may be enforced in the circuit court by the parties to the assurance. The assurance may be modified by the parties or by a court for good cause.
History:
1976, Act 331, Eff. Apr. 1, 1977
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922) › Section 445.908 - Compliance With Notice; Conduct Requiring Assessment of Civil Penalty; Petition for Order to Enforce Compliance; Violation of Final Order; Injunction.

445.908 Compliance with notice; conduct requiring assessment of civil penalty; petition for order to enforce compliance; violation of final order; injunction.
Sec. 8.
(1) A person upon whom a notice is served pursuant to section 7 shall comply with the terms of the notice unless otherwise provided by the order of the circuit court.
(2) A person who does any of the following shall be assessed a civil penalty of not more than $5,000.00.
(a) Knowingly without good cause fails to appear when served with a notice.
(b) Knowingly avoids, evades, or prevents compliance, in whole or in part, with an investigation, including the removal from any place, concealment, destruction, mutilation, alteration, or falsification of documentary material in the possession, custody, or control of a person subject to the notice.
(c) Knowingly conceals relevant information.
(3) The attorney general may file a petition in the circuit court of the county in which the person is established or conducts business or, if the person is not established in this state, in the circuit court of Ingham county for an order to enforce compliance with a subpoena or this section. A violation of a final order entered pursuant to this section shall be punished as civil contempt.
(4) Upon the petition of the attorney general, the circuit court may enjoin a person from doing business in this state if the person persistently and knowingly evades or prevents compliance with an injunction issued pursuant to this act.
History:
1976, Act 331, Eff. Apr. 1, 1977
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922) › Section 445.909 - Publication, Public Inspection and Copying, and Distribution of Rules, Final Judgments, Assurance of Discontinuance, and Other Matters; Request; Fee.

445.909 Publication, public inspection and copying, and distribution of rules, final judgments, assurance of discontinuance, and other matters; request; fee.
Sec. 9.
(1) The attorney general shall publish, make available for public inspection and copying during business hours, and distribute by subscription upon the request of any person:
(a) Rules promulgated under section 3 (2).
(b) Copies of final judgments rendered under this act provided to the attorney general by clerks of the courts pursuant to section 12 (1).
(c) Any other matter as required by Act No. 306 of the Public Acts of 1969, as amended.
(d) An assurance of discontinuance entered into pursuant to section 6.
(2) The attorney general may charge a reasonable fee to cover the expense of copying or distribution.
History:
1976, Act 331, Eff. Apr. 1, 1977
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922) › Section 445.909a - List of Consumer Complaints.

445.909a List of consumer complaints.
Sec. 9a.
After each calendar quarter, the attorney general shall by electronic mail provide to the better business bureau of western Michigan, inc., better business bureau of Michiana, inc., better business bureau of Detroit and eastern Michigan, inc., and better business bureau serving NW Ohio and SE Michigan, inc., a list of complaints made by consumers to the attorney general during that calendar quarter of violations of section 3(1)(gg) in connection with a telephone solicitation. The list shall contain the name of each person against whom 1 or more complaints were made and the number of complaints against that person.
History:
Add. 2002, Act 613, Imd. Eff. Dec. 20, 2002
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922) › Section 445.912 - Mailing Copy of Complaint, Judgment, Decree, or Order to Attorney General; Violation of Injunction as Evidence.

445.912 Mailing copy of complaint, judgment, decree, or order to attorney general; violation of injunction as evidence.
Sec. 12.
(1) Upon commencement of an action brought pursuant to section 11 or section 15, the clerk of the court shall mail a copy of the complaint to the attorney general, and upon entry of a judgment or decree in the action, the clerk of the court shall mail a copy of the judgment, decree, or order to the attorney general.
(2) In a subsequent action by the attorney general brought pursuant to section 10 proof of a violation of a permanent injunction issued pursuant to section 5 is conclusive evidence that the defendant engaged in a method, act, or practice which is unlawful under this act.
History:
1976, Act 331, Eff. Apr. 1, 1977
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922) › Section 445.913 - Filing Fees for Commencing Action or Filing Voluntary Assurance.

445.913 Filing fees for commencing action or filing voluntary assurance.
Sec. 13.
When the attorney general or prosecuting attorney commences an action or files a voluntary assurance pursuant to this act, filing fees shall not be required to be paid.
History:
1976, Act 331, Eff. Apr. 1, 1977
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922) › Section 445.914 - Investigation by Law Enforcement Officer.

445.914 Investigation by law enforcement officer.
Sec. 14.
A law enforcement officer in the state, if requested by the attorney general or a prosecuting attorney, shall aid and assist in an investigation of an alleged or actual violation of this act.
History:
1976, Act 331, Eff. Apr. 1, 1977
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922) › Section 445.915 - Investigation and Prosecution by Prosecuting Attorney.

445.915 Investigation and prosecution by prosecuting attorney.
Sec. 15.
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:
1976, Act 331, Eff. Apr. 1, 1977
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922) › Section 445.916 - Other Causes of Action Not Affected; Inconsistent Ordinance or Regulation Prohibited.

445.916 Other causes of action not affected; inconsistent ordinance or regulation prohibited.
Sec. 16.
This act shall not affect any other cause of action which is available. A city, village, township, or county shall not enact an ordinance or other regulation inconsistent with this act or with a rule promulgated pursuant to this act.
History:
1976, Act 331, Eff. Apr. 1, 1977
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922) › Section 445.917 - Investigation of Financial Institutions; Subpoena; Report.

445.917 Investigation of financial institutions; subpoena; report.
Sec. 17.
(1) The commissioner of the financial institutions bureau may investigate, in the manner set forth in section 7, a state or federally chartered bank, savings and loan association, or credit union, or a regulatory loan licensee which the commissioner believes has engaged, is engaging, or is about to engage in a method, act, or practice which is unlawful under this act.
(2) When the commissioner requires the use of the subpoena power provided in this act, an application shall be made to the attorney general, who shall proceed to procure a subpoena on behalf of the commissioner in accordance with section 7.
(3) Upon conclusion of an investigation, the commissioner shall provide a full report to the attorney general.
History:
1976, Act 331, Eff. Apr. 1, 1977
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922) › Section 445.918 - Investigation of Public Utilities; Subpoena; Report.

445.918 Investigation of public utilities; subpoena; report.
Sec. 18.
(1) The public service commission may investigate, in the manner set forth in section 7, a public utility subject to its jurisdiction pursuant to Act No. 3 of the Public Acts of 1939, as amended, being sections 460.1 to 460.8 of the Michigan Compiled Laws, the motor carrier act, Act No. 254 of the Public Acts of 1933, as amended, being sections 475.1 to 479.20 of the Michigan Compiled Laws, and the Michigan telecommunication act, Act No. 179 of the Public Acts of 1991, being sections 484.2101 to 484.2605 of the Michigan Compiled Laws, which the commission believes has engaged, is engaging, or is about to engage in a method, act, or practice which is unlawful under this act.
(2) When the commission requires the use of the subpoena power provided in this act, an application shall be made to the attorney general who shall procure a subpoena on behalf of the commission in accordance with section 7.
(3) Upon conclusion of an investigation, the commission shall provide a full report to the attorney general.
History:
1976, Act 331, Eff. Apr. 1, 1977 ;-- Am. 1993, Act 10, Imd. Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922) › Section 445.919 - Investigation of Certain Persons by Cemetery Commission; Subpoena; Report.

445.919 Investigation of certain persons by cemetery commission; subpoena; report.
Sec. 19.
(1) The cemetery commission may investigate, in the manner set forth in section 7, a person subject to Act No. 251 of the Public Acts of 1968, as amended, being sections 456.521 to 456.543 of the Michigan Compiled Laws, who the commission believes has engaged, is engaging, or is about to engage in a method, act, or practice which is unlawful under this act.
(2) When the commission requires the use of the subpoena power provided in this act, an application shall be made to the attorney general, who shall proceed to procure a subpoena on behalf of the commission in accordance with section 7.
(3) Upon conclusion of an investigation, the commission shall provide a full report to the attorney general.
History:
1976, Act 331, Eff. Apr. 1, 1977
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922) › Section 445.920 - Investigation of Certain Persons by Director of Department of Energy, Labor, and Economic Growth; Subpoena; Report.

445.920 Investigation of certain persons by director of department of energy, labor, and economic growth; subpoena; report.
Sec. 20.
(1) The director of the department of energy, labor, and economic growth may investigate, in the manner set forth in section 7, a person subject to the uniform securities act, 1964 PA 265, MCL 451.501 to 451.818; the uniform securities act (2002), 2008 PA 551, MCL 451.2101 to 451.2703; the business corporation act, 1972 PA 284, MCL 450.1101 to 450.2098; or the franchise investment law, 1974 PA 269, MCL 445.1501 to 445.1546, who the director believes has engaged, is engaging, or is about to engage in a method, act, or practice which is unlawful under this act.
(2) When the director requires the use of the subpoena power provided in this act, an application shall be made to the attorney general, who shall proceed to procure a subpoena on behalf of the director in accordance with section 7.
(3) Upon conclusion of an investigation, the director shall provide a full report to the attorney general.
History:
1976, Act 331, Eff. Apr. 1, 1977 ;-- Am. 2009, Act 92, Imd. Eff. Sept. 24, 2009
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922) › Section 445.921 - Investigation of Certain Persons by Commissioner of Insurance; Subpoena; Report.

445.921 Investigation of certain persons by commissioner of insurance; subpoena; report.
Sec. 21.
(1) The commissioner of insurance may investigate, in the manner set forth in section 7, a person subject to Act No. 218 of the Public Acts of 1956, as amended, being sections 500.100 to 500.8302 of the Michigan Compiled Laws, who the commissioner believes has engaged, is engaging, or is about to engage in a method, act, or practice which is unlawful under this act.
(2) When the commissioner requires the use of the subpoena power provided in this act, an application shall be made to the attorney general, who shall proceed to procure a subpoena on behalf of the commissioner in accordance with section 7.
(3) Upon conclusion of an investigation, the commissioner shall provide a full report to the attorney general.
History:
1976, Act 331, Eff. Apr. 1, 1977
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922) › Section 445.922 - Effective Date.

445.922 Effective date.
Sec. 22.
This act shall take effect April 1, 1977.
History:
1976, Act 331, Eff. Apr. 1, 1977
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 424 of 1984 - Rental-Purchase Agreement Act (445.951 - 445.970) › Section 445.951 - Short Title.

445.951 Short title.
Sec. 1.
This act shall be known and may be cited as the "rental-purchase agreement act".
History:
1984, Act 424, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 424 of 1984 - Rental-Purchase Agreement Act (445.951 - 445.970) › Section 445.952 - Definitions.

445.952 Definitions.
Sec. 2.
As used in this act:
(a) "Lessee" means a person who leases property pursuant to a rental-purchase agreement.
(b) "Lessor" means a person who, in the ordinary course of business, regularly leases, offers to lease, or arranges for the leasing of property under a rental-purchase agreement.
(c) "Period" means a day, week, 1 month, or other subdivision of a year.
(d) "Rental-purchase agreement" means an agreement for the use of personal property by a lessee primarily for personal, family, or household purposes, for an initial period of 4 months or less that is automatically renewable with each payment after the initial period and that permits the lessee to become the owner of the property. Rental-purchase agreements shall not include any of the following:
(i) A lease or agreement which constitutes a credit sale as defined in 12 C.F.R. 226.2(a)(16) and section 1602(g) of the truth in lending act, 15 U.S.C. 1602(g).
(ii) A lease which constitutes a consumer lease as defined in 12 C.F.R. 213.2(a)(6).
(iii) Any lease for agricultural, business, or commercial purposes.
(iv) Any lease made to an organization.
(v) Any lease of money or intangible personal property.
(vi) A lease or agreement which constitutes a retail installment transaction as defined in section 2 of the retail installment sales act, Act No. 224 of the Public Acts of 1966, being section 445.852 of the Michigan Compiled Laws.
History:
1984, Act 424, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 424 of 1984 - Rental-Purchase Agreement Act (445.951 - 445.970) › Section 445.954 - Amount Necessary to Acquire Ownership; Amount Applied Toward Purchase Price.

445.954 Amount necessary to acquire ownership; amount applied toward purchase price.
Sec. 4.
(1) The amount to be paid by the lessee to acquire ownership as disclosed in section 3(j) shall not be greater than the cash price as disclosed under section 3(k) minus an amount equal to 45% of all periodic rental payments made by the lessee.
(2) If at any time an amount equal to 45% of the total periodic rental payments paid by the lessee to the lessor equals the cash purchase price disclosed under section 3(k), then the lessee shall acquire ownership of the rental property.
(3) This section shall not prohibit a lessor from offering a rental purchase agreement which provides that an amount equal to 45% or more of the periodic rental payments is applied toward the purchase price disclosed in section 3(k).
History:
1984, Act 424, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 424 of 1984 - Rental-Purchase Agreement Act (445.951 - 445.970) › Section 445.955 - Advertising Requirements; Requirements as to Items Displayed or Offered Under Rental-Purchase Agreement.

445.955 Advertising requirements; requirements as to items displayed or offered under rental-purchase agreement.
Sec. 5.
(1) An advertisement for any rental-purchase agreement shall not state that a specific lease of any property at specific amounts or terms is available unless the lessor usually and customarily leases or will lease the property at those amounts or terms.
(2) An advertisement shall not state that a payment or a periodic payment is due at the start of a lease without disclosing both the payment due at the start of the lease, the periodic payment, all other charges payable by the lessee, and the total of all periodic payments necessary to obtain ownership.
(3) Every item displayed or offered under a rental-purchase agreement shall have clearly and conspicuously indicated in arabic numerals, so as to be readable and understandable by visual inspection, each of the following stamped upon or affixed to the item:
(a) The cash price of the item.
(b) The amount of a periodic payment.
(c) The total number of periodic payments required for ownership.
History:
1984, Act 424, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 424 of 1984 - Rental-Purchase Agreement Act (445.951 - 445.970) › Section 445.956 - Prohibited Provisions in Rental-Purchase Agreement.

445.956 Prohibited provisions in rental-purchase agreement.
Sec. 6.
A rental-purchase agreement shall not contain a provision requiring any of the following:
(a) A garnishment of wages or a power of attorney to confess a judgment.
(b) Authorization to the lessor or a person acting on the lessor's behalf to unlawfully enter upon the lessee's premises or to commit any breach of the peace in the repossession of goods.
(c) The lessee to waive any defense, counterclaim, or right of action against the lessor or a person acting on the lessor's behalf, as the lessee's agent in collection of payments under the lease or in the repossession of goods.
(d) The lessee to agree not to assert against the lessor or against an assignee a claim or defense arising out of the lease.
(e) A requirement for any collection or repossession charges in excess of those allowable under section 7(e) and applicable court rules.
History:
1984, Act 424, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 424 of 1984 - Rental-Purchase Agreement Act (445.951 - 445.970) › Section 445.957 - Prohibited Requirements.

445.957 Prohibited requirements.
Sec. 7.
A lessor shall not require any of the following:
(a) The purchase of insurance by the lessee from the lessor of a leased item.
(b) A payment that is in excess or in addition to a normal periodic payment and that is required in order to purchase a leased item at the conclusion of the periodic payments necessary to acquire ownership.
(c) A penalty for early termination of a rental-purchase agreement or for the return of an item at any point.
(d) A processing fee of any sort.
(e) A fee for in-home collection of a payment unless the lessee has expressly agreed to the fee and the amount of the fee is disclosed.
(f) A periodic payment or late fee for a rental period beginning after the lessee has returned or surrendered the leased property to the lessor or the lessor's agent.
(g) Any charge or fee for reinstatement of the rental-purchase agreement in addition to or in excess of those expressly permitted in section 8.
History:
1984, Act 424, Eff. Mar. 29, 1985 ;-- Am. 2012, Act 584, Imd. Eff. Jan. 3, 2013