reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 271 of 1941 - Unlawful Trade Practices (445.101 - 445.109) › Section 445.106a - Unlawful Trade Practices; Sale at Reduced Price, False Representation.

445.106a Unlawful trade practices; sale at reduced price, false representation.
Sec. 6a.
It shall be an unlawful trade practice for any person, in connection with an offer or exhibit of any goods, wares, or merchandise for sale at retail, or an exhibit of samples, catalogues or other forms of advertising listing goods, wares, or merchandise for retail sale, to display price tags or price quotations in any other form, which are substantially in excess of the prices at which such goods, wares, or merchandise are regularly or customarily sold at retail by such person or by the person issuing such samples, catalogues or other advertising, so as to imply falsely that the goods, wares or merchandise are offered for sale at a reduction from an indicated regular retail price.
History:
1941, Act 271, Eff. Jan. 10, 1942 ;-- CL 1948, 445.106a
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 271 of 1941 - Unlawful Trade Practices (445.101 - 445.109) › Section 445.106b - Unlawful Trade Practices; United States Government, Use of Terms, Exception.

445.106b Unlawful trade practices; United States government, use of terms, exception.
Sec. 6b.
It shall be an unlawful trade practice for any person engaged in selling goods, wares or merchandise to individual consumers to sell or offer for sale any surplus materials as defined in the surplus property act of 1944 or any other goods, wares or merchandise under corporate or trade names which carry or which trade under or which in any way use in dealing with the public, directly or indirectly, any name which by reason of the inclusion of a word or words such as "army,""navy,""United States,""federal,""treasury,""procurement,""GI,""post exchange" or any others which connoting the United States government or its armed forces, or any of its departments or agencies, has a tendency to lead the purchasing public to believe that the establishment has some official relation to the United States government or that all of the articles sold or offered for sale are surplus materials: Provided, however, That this section shall not apply to any corporation all of the stock of which is owned by the United States.
History:
Add. 1945, Act 108, Eff. Sept. 6, 1945 ;-- CL 1948, 445.106b
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 271 of 1941 - Unlawful Trade Practices (445.101 - 445.109) › Section 445.106c - Unlawful Trade Practices; Unclaimed Freight.

445.106c Unlawful trade practices; unclaimed freight.
Sec. 6c.
It shall be an unlawful trade practice for any person engaged in selling goods, wares or merchandise to individual consumers to sell or offer for sale any goods, wares or merchandise under corporate or trade names which carry or which trade under or which in any way use, in dealing with the public, directly or indirectly, any name which by reason of the inclusion of the words "unclaimed freight" has a tendency to lead the purchasing public to believe that the goods, wares or merchandise offered for sale are in fact unclaimed goods offered for sale by common carriers or authorized agents thereof: Provided, however, That this section shall not apply to any person if all goods, wares or merchandise sold or offered for sale are in fact unclaimed freight.
History:
Add. 1945, Act 108, Eff. Sept. 6, 1945 ;-- CL 1948, 445.106c
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 271 of 1941 - Unlawful Trade Practices (445.101 - 445.109) › Section 445.107 - Unlawful Trade Practices; Circuit Court Injunction; Compensatory Costs; Sales Tax, Collection.

445.107 Unlawful trade practices; circuit court injunction; compensatory costs; sales tax, collection.
Sec. 7.
The circuit court of the county where any unlawful trade practice is committed shall have jurisdiction and power, on petition of any person, and on a showing that the commission of such unlawful trade practice has caused damage or threatens to cause damage to the petitioner or those represented by petitioner, to enjoin the commission of such unlawful trade practice or practices. Upon the granting of an injunction, the plaintiff or plaintiffs, in addition to regular taxable costs, shall be awarded compensatory costs, which shall include all sums reasonably expended to prepare and present the cause including all reasonable attorney fees incurred: Provided, however, That such compensatory costs may be denied if the trial judge rules that a meritorious, even though unsuccessful, defense was presented. The court may, in any case where such injunction is sought or issued, require and order the defendant or defendants in such proceeding to pay to the state board of tax administration any sum which the court finds should have been paid, but was not paid as a sales tax (pursuant to the provisions of Act No. 167 of the Public Acts of 1933, as amended or hereafter amended, being sections 205.51 to 205.78, inclusive, of the Compiled Laws of 1948) in connection with any sale or sales consummated in the course of the unlawful trade practice or practices complained of.
History:
1941, Act 271, Eff. Jan. 10, 1942 ;-- CL 1948, 445.107 ;-- Am. 1956, Act 214, Eff. Aug. 11, 1956
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 271 of 1941 - Unlawful Trade Practices (445.101 - 445.109) › Section 445.108 - Unlawful Trade Practices; Rescission.

445.108 Unlawful trade practices; rescission.
Sec. 8.
Any person to whom is sold any goods, wares or merchandise in the course of an unlawful trade practice at his option, on discovery of such unlawful trade practice and on due notice to the seller, may rescind the sale and recover back from the seller the price or any portion thereof theretofore paid by him to the seller. The right of rescission must be exercised within 8 months subsequent to the date of the sale complained of.
History:
1941, Act 271, Eff. Jan. 10, 1942 ;-- CL 1948, 445.108 ;-- Am. 1962, Act 115, Eff. Mar. 28, 1963
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 271 of 1941 - Unlawful Trade Practices (445.101 - 445.109) › Section 445.109 - Unlawful Trade Practices; Sale of Product by Employer to Employee.

445.109 Unlawful trade practices; sale of product by employer to employee.
Sec. 9.
Nothing in this act shall be deemed to prohibit the sale by an employer to his employees of his own products or property at any price.
History:
1941, Act 271, Eff. Jan. 10, 1942 ;-- CL 1948, 445.109
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 227 of 1971 - Home Solicitation Sales (445.111 - 445.117) › Section 445.111b - Information to Be Provided by Person Making Telephone Solicitation; Interference With Caller ID Function Prohibited.

445.111b Information to be provided by person making telephone solicitation; interference with caller ID function prohibited.
Sec. 1b.
(1) At the beginning of a telephone solicitation, a person making a telephone solicitation to a residential telephone subscriber shall state his or her name and the full name of the organization or other person on whose behalf the call was initiated and provide a telephone number of the organization or other person on request. A natural person must be available to answer the telephone number at any time when telephone solicitations are being made.
(2) The person answering the telephone number required under subsection (1) shall provide a residential telephone subscriber calling the telephone number with information describing the organization or other person on whose behalf the telephone solicitation was made to the residential telephone subscriber and describing the telephone solicitation.
(3) A telephone solicitor shall not intentionally block or otherwise interfere with the caller ID function on the telephone of a residential telephone subscriber to whom a telephone solicitation is made so that the telephone number of the caller is not displayed on the telephone of the residential telephone subscriber.
History:
Add. 2002, Act 612, Eff. Mar. 31, 2003
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 227 of 1971 - Home Solicitation Sales (445.111 - 445.117) › Section 445.111d - Do-Not-Call List; Notice of Description and Enrollment; “Telecommunication Provider” Defined.

445.111d Do-not-call list; notice of description and enrollment; “telecommunication provider” defined.
Sec. 1d.
(1) Beginning 210 days after the effective date of the amendatory act that added this section, if a telephone directory includes residential telephone numbers, a person that publishes a new telephone directory shall include in the telephone directory a notice describing the do-not-call list and how to enroll on the do-not-call list.
(2) Beginning 210 days after the effective date of the amendatory act that added this section, each telecommunication provider that provides residential telephone service shall include a notice describing the do-not-call list and how to enroll on the do-not-call list with 1 of that telecommunication provider's bills for telecommunication services to a residential telephone subscriber each year. If the federal communication commission or any other federal agency establishes a federal "do not call" list, the notice shall also describe that list and how to enroll on that list. As used in this subsection, "telecommunication provider" means that term as defined in section 102 of the Michigan telecommunications act, 1991 PA 179, MCL 484.2102.
History:
Add. 2002, Act 612, Eff. Mar. 31, 2003
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 227 of 1971 - Home Solicitation Sales (445.111 - 445.117) › Section 445.111e - Applicability of MCL 445.111a, 445.111b, 445.111c, and 445.111d.

445.111e Applicability of MCL 445.111a, 445.111b, 445.111c, and 445.111d.
Sec. 1e.
Sections 1a, 1b, 1c, and 1d do not apply to a person subject to any of the following:
(a) The charitable organizations and solicitations act, 1975 PA 169, MCL 400.271 to 400.294.
(b) The public safety solicitation act, 1992 PA 298, MCL 14.301 to 14.327.
(c) Section 527 of the internal revenue code of 1986.
History:
Add. 2002, Act 612, Eff. Mar. 31, 2003
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 227 of 1971 - Home Solicitation Sales (445.111 - 445.117) › Section 445.112 - Right of Buyer to Cancel Home Solicitation Sale; Time; Notice of Cancellation; Restriction on Right to Cancel; Sale Subject to Debtor's Right to Rescind.

445.112 Right of buyer to cancel home solicitation sale; time; notice of cancellation; restriction on right to cancel; sale subject to debtor's right to rescind.
Sec. 2.
(1) Except as provided in subsection (5), in addition to any right otherwise to revoke an offer, a buyer has the right to cancel a home solicitation sale until midnight of the third business day after the day on which the buyer signs an agreement or offer to purchase that complies with this act. The seller in a home solicitation sale shall not acquire payment by having an independent courier service or other third party pick up the buyer's payment at the buyer's residence until after the buyer's right-to-revoke period prescribed by this act has expired.
(2) Cancellation occurs when the buyer mails or delivers the notice of cancellation provided for in section 3(2) or any other written notice, or sends a telegram, to the seller at the address stated in the notice of cancellation.
(3) A notice of cancellation or other written notice, if mailed to the seller, is given when it is deposited in a mailbox properly addressed and postage prepaid.
(4) A written notice or telegram given by the buyer other than the notice of cancellation need not take a particular form and is sufficient if it indicates by any form of written expression the intention of the buyer not to be bound by the home solicitation sale.
(5) A buyer may not cancel a home solicitation sale if the buyer requests the seller to provide goods or services without delay because of an emergency, and all of the following conditions are met:
(a) The seller in good faith makes a substantial beginning of performance of the contract before the buyer gives notice of cancellation.
(b) The buyer furnishes the seller with a separate dated and signed personal statement in the buyer's handwriting describing the situation requiring immediate remedy and expressly acknowledging and waiving the right to cancel the sale within 3 business days.
(c) In the case of goods, the goods cannot be returned to the seller in substantially as good condition as when received by the buyer.
(6) If a home solicitation sale is also subject to the debtor's right to rescind certain transactions, the buyer may proceed either under those provisions or under this section.
History:
1971, Act 227, Imd. Eff. Jan. 3, 1972 ;-- Am. 1978, Act 152, Imd. Eff. May 18, 1978 ;-- Am. 2000, Act 15, Imd. Eff. Mar. 8, 2000
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 227 of 1971 - Home Solicitation Sales (445.111 - 445.117) › Section 445.114 - Tender of Payments or Goods to Buyer; Failure to Tender Goods; Effect of Noncompliance.

445.114 Tender of payments or goods to buyer; failure to tender goods; effect of noncompliance.
Sec. 4.
(1) Except as provided in this section, within 10 days after a home solicitation sale has been canceled or an offer to purchase revoked the seller shall tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness.
(2) If the down payment includes goods traded in, the goods shall be tendered in substantially as good condition as when received by the seller. If the seller fails to tender the goods as provided by this section, the buyer may elect to recover an amount equal to the trade-in allowance stated in the agreement.
(3) Until the seller has complied with the obligations imposed by this section the buyer may retain possession of goods delivered to him by the seller and has a lien on the goods in his possession or control for any recovery to which he is entitled.
History:
1971, Act 227, Imd. Eff. Jan. 3, 1972
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 227 of 1971 - Home Solicitation Sales (445.111 - 445.117) › Section 445.115 - Demand by Seller for Return of Goods; Care and Availability of Goods; Effect of Failure to Demand Return of Goods; Compensation for Services Performed.

445.115 Demand by seller for return of goods; care and availability of goods; effect of failure to demand return of goods; compensation for services performed.
Sec. 5.
(1) Except as provided by section 4(3), if a home solicitation sale has been canceled or an offer to purchase revoked, a seller may demand the return of goods delivered within 20 days after the cancellation or revocation. The buyer shall take good care of the goods and shall make the goods available for return to the seller at the buyer's residence. If the seller fails to demand return of the goods as prescribed in this subsection, the goods shall become the property of the buyer without obligation.
(2) If the seller has performed any services pursuant to a home solicitation sale before its cancellation, the seller is not entitled to compensation.
History:
1971, Act 227, Imd. Eff. Jan. 3, 1972 ;-- Am. 1978, Act 152, Imd. Eff. May 18, 1978
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 227 of 1971 - Home Solicitation Sales (445.111 - 445.117) › Section 445.116 - Refunds or Penalties as Set Off or Defense.

445.116 Refunds or penalties as set off or defense.
Sec. 6.
In connection with a home solicitation sale, refunds or penalties to which the debtor is entitled pursuant to this act may be set off against the debtor's obligation, and may be raised as a defense to an action on the obligation without regard to the time limitations prescribed by this act.
History:
1971, Act 227, Imd. Eff. Jan. 3, 1972 ;-- Am. 2002, Act 612, Eff. Mar. 31, 2003
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 227 of 1971 - Home Solicitation Sales (445.111 - 445.117) › Section 445.117 - Action for Collection of Home Solicitation Sale Contract.

445.117 Action for collection of home solicitation sale contract.
Sec. 7.
No person may bring any action in any court of this state for the collection of any home solicitation sale contract without proving that such person was at all times in compliance with this act.
History:
1971, Act 227, Imd. Eff. Jan. 3, 1972
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Repealed - Act 167 of 1962 - Security Interests in Consumer Goods (445.121 - 445.125)

SECURITY INTERESTS IN CONSUMER GOODS
Act 167 of 1962
445.121-445.125 Repealed. 1964, Act 250, Eff. Aug. 28, 1964.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 28 of 1969 - Unsolicited Merchandise (445.131 - 445.131) › Section 445.131 - Unsolicited Merchandise; Rights of Recipients.

445.131 Unsolicited merchandise; rights of recipients.
Sec. 1.
No person, firm, partnership, association or corporation, or agent or employee thereof, in any manner, or by any means, shall offer for sale goods where the offer includes the voluntary and unsolicited sending of goods by mail or otherwise not actually ordered or requested by the recipient, either orally or in writing. The receipt of any such unsolicited goods shall be deemed for all purposes an unconditional gift to the recipient. The recipient may refuse to accept delivery of the goods, is not bound to return them to the sender, and may use or dispose of them in any manner he sees fit without any obligation on his part to the sender.
History:
1969, Act 28, Imd. Eff. July 10, 1969
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 119 of 1964 - Refund of Down Payment on Vendor's Rescission of Sale (445.141 - 445.142) › Section 445.141 - Vendor's Rescission of Sale of Goods; Refund; Goods, Possession.

445.141 Vendor's rescission of sale of goods; refund; goods, possession.
Sec. 1.
When any person, partnership, association or corporation sells goods, wares and merchandise to any person on credit and receives partial payment of the purchase price thereof, and rescinds the sale after investigation of the credit standing of the purchaser, the vendor shall refund in full to the purchaser the entire portion of the purchase price paid. The refund shall be in money or in the goods received as partial payment of the goods purchased on credit. The vendor shall not make refund in any other manner. The provisions of this act shall apply when the vendor has possession of the goods while the credit investigation is being made.
History:
1964, Act 119, Eff. Aug. 28, 1964
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 119 of 1964 - Refund of Down Payment on Vendor's Rescission of Sale (445.141 - 445.142) › Section 445.142 - Violation of Act; Penalty.

445.142 Violation of act; penalty.
Sec. 2.
Any person who violates the provisions of this act is guilty of a misdemeanor.
History:
1964, Act 119, Eff. Aug. 28, 1964
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Repealed - Act 50 of 1937 - Trademarks, Brands, and Names (445.151 - 445.154)

TRADEMARKS, BRANDS, AND NAMES
Act 50 of 1937
445.151-445.154 Repealed. 1975, Act 211, Eff. Mar. 31, 1976.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 358 of 1972 - Billing for Clinical Laboratory Services (445.161 - 445.163) › Section 445.161 - Clinical Laboratory Work; Billing Patient or Third Party in Excess of Amount Billed Licensed Person.

445.161 Clinical laboratory work; billing patient or third party in excess of amount billed licensed person.
Sec. 1.
A person licensed to practice medicine by an agency of the department of licensing and regulation, a hospital, agency or any other entity billing patients or third parties for laboratory work, shall not bill a patient for laboratory work performed by a clinical laboratory for any amount in excess of the amount billed by the clinical laboratory to the licensed person for such services.
History:
1972, Act 358, Imd. Eff. Jan. 9, 1973
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 358 of 1972 - Billing for Clinical Laboratory Services (445.161 - 445.163) › Section 445.162 - Physicians Not to Receive Fee From Laboratory.

445.162 Physicians not to receive fee from laboratory.
Sec. 2.
A person licensed to practice medicine by an agency of the department of licensing and regulation shall not receive a fee or other remuneration from a clinical laboratory or an intermediary for a clinical laboratory for submitting specimens from patients to a clinical laboratory.
History:
1972, Act 358, Imd. Eff. Jan. 9, 1973
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 358 of 1972 - Billing for Clinical Laboratory Services (445.161 - 445.163) › Section 445.163 - Violation; Penalty.

445.163 Violation; penalty.
Sec. 3.
A person who is in violation of section 1 shall be guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $500.00 or both.
History:
1972, Act 358, Imd. Eff. Jan. 9, 1973
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Repealed - Act 282 of 1937 - Bakery and Petroleum Products (445.171 - 445.184)

BAKERY AND PETROLEUM PRODUCTS
Act 282 of 1937
445.171-445.184 Repealed. 1984, Act 274, Eff. Mar. 29, 1985.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 70 of 1981 - Regulation of Collection Practices (445.251 - 445.258) › Section 445.253 - Cease and Desist Order; Hearing; Failure to Comply With Order; Action in Circuit Court; Fine.

445.253 Cease and desist order; hearing; failure to comply with order; action in circuit court; fine.
Sec. 3.
(1) The attorney general may order a regulated person to cease and desist from violating this act.
(2) A regulated person ordered to cease and desist is entitled to a hearing before the appropriate officer as determined by the attorney general if he or she files a written request within 30 days after the effective date of the order.
(3) If a regulated person fails to comply with a cease and desist order issued pursuant to this act, the attorney general may commence an action in the circuit court for Ingham county or in a circuit court for a county where the person is doing business, to enjoin violations of the cease and desist order or to seek enforcement of a previously issued order. The court may impose a fine or not more than $500.00 for each violation of the cease and desist order.
History:
1981, Act 70, Imd. Eff. June 29, 1981
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 70 of 1981 - Regulation of Collection Practices (445.251 - 445.258) › Section 445.254 - Action to Restrain Act or Practice; Injunction and Other Equitable Orders or Judgments.

445.254 Action to restrain act or practice; injunction and other equitable orders or judgments.
Sec. 4.
The attorney general may bring an action to restrain, by temporary or permanent injunction, an act or practice in violation of this act. The action may be brought in the circuit court for the county where the defendant resides or conducts business. The court may issue a temporary or permanent injunction and make other equitable orders or judgments, including restitution to consumers.
History:
1981, Act 70, Imd. Eff. June 29, 1981
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 70 of 1981 - Regulation of Collection Practices (445.251 - 445.258) › Section 445.255 - Assurance of Discontinuance; Contents; Filing; Record; Opening Closed Matter for Further Proceedings.

445.255 Assurance of discontinuance; contents; filing; record; opening closed matter for further proceedings.
Sec. 5.
When the attorney general has authority to institute an action pursuant to section 4, the attorney general may accept an assurance of discontinuance of any method, act, or practice from the person alleged to be engaged in or to have been engaged in a violation. The assurance may include the stipulation for the voluntary payment, by the person, of the costs of investigation, an amount for restitution to aggrieved persons, or both. An assurance of discontinuance shall be in writing and filed with the circuit court. The clerk of the court shall maintain a record of the filings. A matter closed pursuant to this section may be opened by the attorney general for further proceedings.
History:
1981, Act 70, Imd. Eff. June 29, 1981
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 70 of 1981 - Regulation of Collection Practices (445.251 - 445.258) › Section 445.256 - Wilful Violation of Act or Engaging in Recurring Course of Wilful Conduct in Violation of Act; Penalties.

445.256 Wilful violation of act or engaging in recurring course of wilful conduct in violation of act; penalties.
Sec. 6.
(1) In an action brought under this act, if the court finds that a regulated person has wilfully violated this act, the attorney general, upon petition to the court, may recover, on behalf of the state, a civil fine not exceeding $500.00 per violation.
(2) A regulated person engaging in a recurring course of wilful conduct in violation of this act shall be fined not more than $5,000.00 for the first offense, and not more than $10,000.00, or imprisoned for not more than 1 year, or both, for a second or subsequent offense.
History:
1981, Act 70, Imd. Eff. June 29, 1981
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 70 of 1981 - Regulation of Collection Practices (445.251 - 445.258) › Section 445.257 - Action for Damages or Equitable Relief; Amount of Recovery; Civil Fine; Attorney's Fees and Court Costs.

445.257 Action for damages or equitable relief; amount of recovery; civil fine; attorney's fees and court costs.
Sec. 7.
(1) A person who suffers injury, loss, or damage, or from whom money was collected by the use of a method, act, or practice in violation of this act may bring an action for damages or other equitable relief.
(2) In an action brought pursuant to subsection (1), if the court finds for the petitioner, recovery shall be in the amount of actual damages or $50.00, whichever is greater. If the court finds that the method, act, or practice was a wilful violation, the court may assess a civil fine of not less than 3 times the actual damages, or $150.00, whichever is greater, and shall award reasonable attorney's fees and court costs incurred in connection with the action.
History:
1981, Act 70, Imd. Eff. June 29, 1981
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 70 of 1981 - Regulation of Collection Practices (445.251 - 445.258) › Section 445.258 - Communications With Person Other Than Debtor for Purpose of Acquiring Location Information; Required Statements.

445.258 Communications with person other than debtor for purpose of acquiring location information; required statements.
Sec. 8.
(1) A regulated person communicating with any person other than the debtor, for the purpose of acquiring location information about the debtor, shall state all of the following:
(a) The name of the individual seeking the location information.
(b) Whether the purpose of the communication is for confirmation or correction of location information about the debtor.
(2) For purposes of this act, location information shall consist only of a debtor's place of abode and place of employment and the telephone number at each place.
History:
1981, Act 70, Imd. Eff. June 29, 1981
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 211 of 1989 - Reporting Adverse Information About Cosigner (445.271 - 445.273) › Section 445.271 - Definitions.

445.271 Definitions.
Sec. 1.
As used in this act:
(a) "Adverse information" means information indicating that the cosigner has not complied with the contractual provisions of an obligation.
(b) "Collection action" means requesting a cosigner to pay all or part of the obligation.
(c) "Cosigner" means a natural person who renders himself or herself liable for the obligation of another person without compensation. The term includes a person whose signature is requested as a condition to granting credit to another person, or as a condition for forbearance on collection of another person's obligation that is in default. The term does not include a spouse whose signature is required on a credit obligation to perfect a security interest under state law, or a person who has executed a guarantee. A person who does not receive goods, services, or money in return for a credit obligation does not receive compensation within the meaning of this definition. A person is a cosigner within the meaning of this act whether or not he or she is designated as a cosigner on a credit obligation.
(d) "Obligation" means an indebtedness incurred by an individual for personal, family, or household purposes.
(e) "Person" means an individual, firm, partnership, association, or corporation.
(f) "Primary obligor" means a person, other than a cosigner, who signs an obligation as a debtor.
History:
1989, Act 211, Eff. Mar. 29, 1990
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 211 of 1989 - Reporting Adverse Information About Cosigner (445.271 - 445.273) › Section 445.272 - Reporting Adverse Information About Cosigner; Notice; Response; Prohibition.

445.272 Reporting adverse information about cosigner; notice; response; prohibition.
Sec. 2.
(1) Before reporting adverse information about a cosigner to a consumer reporting agency as defined in the fair credit reporting act, 15 U.S.C. 1681-1681t, concerning the obligation that was cosigned or providing any information regarding the cosigner's obligation to a collection agency as defined in section 901 of the occupational code, Act No. 299 of the Public Acts of 1980, being section 339.901 of the Michigan Compiled Laws, concerning the obligation that was cosigned or taking any collection action on the obligation against the cosigner that was cosigned, other than orally communicating the information permitted in subdivision (a), a person shall do both of the following:
(a) Send to the cosigner, by first class mail, a notice indicating that the primary obligor has become delinquent or defaulted on the obligation and that the cosigner is responsible for payment of the obligation.
(b) Allow the cosigner not less than 30 days from the date that the notice was sent to respond to the notice by doing either of the following:
(i) Paying the amount then due and owing under the obligation.
(ii) Making other arrangements satisfactory to the person to whom the obligation is owed.
(2) A person shall not report adverse information regarding a cosigner if the cosigner has responded to a notice in the manner described in subsection (1)(b).
History:
1989, Act 211, Eff. Mar. 29, 1990
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 211 of 1989 - Reporting Adverse Information About Cosigner (445.271 - 445.273) › Section 445.273 - Action by Cosigner; Notice; Statement; Resolution.

445.273 Action by cosigner; notice; statement; resolution.
Sec. 3.
(1) A cosigner who suffers loss as a result of a violation of this act may bring an action to recover actual damages or $250.00, whichever is greater, together with reasonable attorney's fees.
(2) Not less than 30 days prior to bringing an action as provided in subsection (1), the cosigner shall notify the person alleged to have violated this act of his or her intention to bring an action. The notice shall include a statement of the specific evidence which proves the loss suffered by the cosigner. If within 25 days after the date of receiving the notice, the person alleged to have violated this act tenders to the cosigner an amount equal to the loss, or otherwise resolves the matter to the cosigner's satisfaction, the cosigner shall be barred from further recovery for that loss, including reasonable attorney's fees.
History:
1989, Act 211, Eff. Mar. 29, 1990
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 100 of 1927 - Poultry (445.301 - 445.305) › Section 445.301 - Purchasing Poultry for Resale; Record.

445.301 Purchasing poultry for resale; record.
Sec. 1.
Any person, firm or corporation engaged in the business of purchasing poultry for the purpose of resale shall keep a record of the date of each such purchase, the name and residence of the seller, kind of poultry purchased and the description and number thereof, whether such poultry was raised by the seller or purchased from others, and if purchased from others, then the name of the person from whom the same was purchased by the seller and the date of such purchase, and if the seller delivers such poultry by means of automobile or other vehicle having a license thereon, then the number of such license.
History:
1927, Act 100, Eff. Sept. 5, 1927 ;-- CL 1929, 9732 ;-- CL 1948, 445.301
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 100 of 1927 - Poultry (445.301 - 445.305) › Section 445.302 - Duty of Seller; Statement, Signature.

445.302 Duty of seller; statement, signature.
Sec. 2.
The seller shall at the time of making sale of any poultry as provided in the preceding section, truthfully state all of the facts as aforesaid; shall sign his name to such statement and shall certify to the correctness thereof.
History:
1927, Act 100, Eff. Sept. 5, 1927 ;-- CL 1929, 9733 ;-- CL 1948, 445.302
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 100 of 1927 - Poultry (445.301 - 445.305) › Section 445.303 - Blanks for Record; Furnished by Secretary of State.

445.303 Blanks for record; furnished by secretary of state.
Sec. 3.
Each and every person, firm or corporation, so purchasing poultry as aforesaid, shall procure from the secretary of state, suitable blanks for such record. It shall be the duty of said secretary of state to furnish said blanks free of cost to the applicant upon demand; and all purchasers of poultry as hereinbefore designated, shall order and keep on hand a supply of such blanks.
History:
1927, Act 100, Eff. Sept. 5, 1927 ;-- CL 1929, 9734 ;-- CL 1948, 445.303
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 100 of 1927 - Poultry (445.301 - 445.305) › Section 445.304 - Blanks for Record; Custody, Inspection.

445.304 Blanks for record; custody, inspection.
Sec. 4.
All such blanks when filled shall constitute a record of the purchase or purchases made; shall be safely kept by such purchasers for a period of 1 year and shall at all times be open to the inspection of all sheriffs, their deputies, police officers, or other law enforcement officers of this state upon demand by such officer.
History:
1927, Act 100, Eff. Sept. 5, 1927 ;-- CL 1929, 9735 ;-- CL 1948, 445.304
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 100 of 1927 - Poultry (445.301 - 445.305) › Section 445.305 - Violation of Act; Penalty.

445.305 Violation of act; penalty.
Sec. 5.
Any person violating any of the provisions of the foregoing sections, shall be deemed guilty of a misdemeanor and punishable by any court of competent jurisdiction, by a fine of not exceeding 100 dollars or imprisonment in the county jail of the county where the offense is committed, for a period of not exceeding 90 days, or both such fine and imprisonment in the discretion of the court, together with the costs of prosecution.
History:
1927, Act 100, Eff. Sept. 5, 1927 ;-- CL 1929, 9736 ;-- CL 1948, 445.305
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 15 of 2011 - Shopping Reform and Modernization Act (445.311 - 445.324) › Section 445.311 - Short Title.

445.311 Short title.
Sec. 1.
This act shall be known and may be cited as the "shopping reform and modernization act".
History:
2011, Act 15, Eff. Sept. 1, 2011
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 15 of 2011 - Shopping Reform and Modernization Act (445.311 - 445.324) › Section 445.312 - Definitions.

445.312 Definitions.
Sec. 2.
As used in this act:
(a) "Advertise" means the use or dissemination of an advertising by a person that is subject to this act.
(b) "Advertising" or "advertisement" means a communication or representation that is disseminated in any manner by any means for the purpose of inducing, or that is likely to induce, directly or indirectly, the purchase of a consumer item, good, merchandise, or commodity.
(c) "Automatic checkout system" means an electronic device, computer, or machine that determines the price of a consumer item by using a product identity code. An automatic checkout system may but is not required to include an optical scanner.
(d) "Consumer item" means an article of tangible personal property used or consumed, or bought for use or consumption, primarily for personal, family, or household purposes.
(e) A price is "displayed" for a consumer item if the price is stamped, affixed, or otherwise marked on the consumer item; or the price of the consumer item is displayed, by signage, by an electronic reader, or by any other method that clearly and reasonably conveys the current price of the consumer item, to a consumer when in the store at the place where the item is located.
(f) "Person" means an individual, corporation, limited liability company, partnership, association, or other legal entity.
(g) "Sale at retail" means a transfer of an interest in a consumer item by a person that is regularly and principally engaged in the business of selling consumer items to a buyer for use or consumption and not for resale.
(h) "Total price" means the full purchase price of a consumer item, excluding sales tax and container deposit.
History:
2011, Act 15, Eff. Sept. 1, 2011
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 15 of 2011 - Shopping Reform and Modernization Act (445.311 - 445.324) › Section 445.313 - Director of Department of Agriculture and Rural Development; Duties.

445.313 Director of department of agriculture and rural development; duties.
Sec. 3.
All of the following apply to the director of the department of agriculture and rural development:
(a) He or she is responsible for the implementation and administration of sections 7 and 8.
(b) He or she shall investigate complaints concerning violations of sections 7 and 8 and conduct any other investigations he or she considers advisable.
(c) As the state director of weights and measures, he or she shall promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to implement and administer sections 7 and 8.
History:
2011, Act 15, Eff. Sept. 1, 2011
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 15 of 2011 - Shopping Reform and Modernization Act (445.311 - 445.324) › Section 445.315 - Untrue, Deceptive, or Misleading Advertisement; "Not First Class" Defined.

445.315 Untrue, deceptive, or misleading advertisement; "not first class" defined.
Sec. 5.
(1) A person shall not knowingly make, publish, disseminate, circulate, or place before the public an advertisement that contains a statement or representation that is untrue, deceptive, or misleading.
(2) A failure to sell goods, merchandise, or commodities in the manner advertised, or a refusal to sell at the price at which they are advertised or in accordance with other terms and conditions of the advertisement, creates a rebuttable presumption of an intent to violate this act.
(3) For purposes of this section, the extent to which an advertising fails to reveal facts that are material in light of the representations made or suggested in a positive manner shall be considered in determining whether the advertising is deceptive or misleading.
(4) A person shall not make, publish, disseminate, circulate, or place before the public an advertisement with the intent, design, or purpose not to sell the goods, merchandise, or commodities at the price stated in the advertisement or otherwise communicated, or with intent not to sell the goods, merchandise, or commodities included in the advertisement.
(5) A person shall not advertise, call attention to, or give publicity to the sale of goods, merchandise, or commodities that the person knows are not first class, if the manufacturer of those goods, merchandise, or commodities has rejected them as not first class, unless there is displayed directly in connection with the name and description of the goods, merchandise, or commodities, a direct and unequivocal statement, phrase, or word that clearly indicates that the advertised goods, merchandise, or commodities are seconds or are blemished goods, merchandise, or commodities, or have been rejected by the manufacturer of the goods, merchandise, or commodities. For purposes of this section, goods, merchandise, or commodities that are advertised, offered for sale, and sold as a unit or set consisting of more than 1 part or piece are sufficiently identified as not first class if advertised, offered for sale, and sold as a unit or set at the single price advertised, and are displayed in connection with a direct and unequivocal statement, phrase, or word identifying the goods as not first class. As used in this subsection, "not first class" means the goods, merchandise, or commodities are substantially defective or consist of articles or units or parts commonly referred to as seconds or blemished goods, merchandise, or commodities.
History:
2011, Act 15, Eff. Sept. 1, 2011
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 15 of 2011 - Shopping Reform and Modernization Act (445.311 - 445.324) › Section 445.316 - Exceptions to MCL 445.314 and 445.315.

445.316 Exceptions to MCL 445.314 and 445.315.
Sec. 6.
Sections 4 and 5 do not apply to an owner, publisher, printer, agent, or employee of a newspaper, a person that publishes any other publication, periodical, or circular, including a circular prepared for national distribution, a person that provides outdoor advertising, or a radio or television station, if that person in good faith and without knowledge of the falsity or deceptive character of the advertisement, publishes, causes to be published, or takes part in the publication of an advertisement that violates section 4 or 5.
History:
2011, Act 15, Eff. Sept. 1, 2011
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 15 of 2011 - Shopping Reform and Modernization Act (445.311 - 445.324) › Section 445.317 - Display of Total Price of Consumer Item Offered for Sale; Exceptions.

445.317 Display of total price of consumer item offered for sale; exceptions.
Sec. 7.
(1) Except as otherwise provided in subsection (2), a person shall display the total price of a consumer item offered for sale at retail at the place of the retail sale.
(2) Subsection (1) does not apply to any of the following:
(a) A consumer item that is sold by weight or volume and is not in a package or container.
(b) A consumer item sold in a coin-operated vending machine.
(c) Prepared food intended for immediate consumption, as defined in section 4g of the general sales tax act, 1933 PA 167, MCL 205.54g.
(d) A consumer item purchased by mail or through catalog order, or that is not otherwise visible for inspection by the consumer at the time of the sale, and that is ordered or requested by the consumer, if the price of the consumer item is on the consumer's written order or request or on a bill, invoice, or other notice that describes or names the consumer item and is enclosed with the consumer item.
(e) An unpackaged food item.
(f) A consumer item that has a total weight of not more than 3 ounces, a total volume of not more than 3 cubic inches, and a total price of not more than 30 cents.
(g) Live plants.
(h) Live animals.
(i) Motor vehicles.
(j) Motor vehicle parts.
(k) Packages of 20 or fewer cigarettes.
(l) Greeting cards that are sold individually and have a readable coded price on the back of the card.
(m) Merchandise that is ordered as a gift by a consumer and is sent by mail or other delivery service to a person other than the consumer by the retailer at the request of the consumer.
History:
2011, Act 15, Eff. Sept. 1, 2011
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 15 of 2011 - Shopping Reform and Modernization Act (445.311 - 445.324) › Section 445.318 - Charging Higher Price Than Price Displayed on Item; Violation.

445.318 Charging higher price than price displayed on item; violation.
Sec. 8.
(1) A person shall not knowingly charge or attempt to charge for a consumer item that is subject to section 7 a retail sale price that is higher than the price displayed for that item.
(2) It is not a violation of subsection (1) to charge a total price for a consumer item that is subject to section 7 that is less than the price displayed for that item.
(3) It is prima facie evidence of a violation of this section if a price a person charges or attempts to charge for a consumer item that is subject to section 7 is established by electronic identification or calculation by an automatic checkout system and that price exceeds the price displayed for that item.
History:
2011, Act 15, Eff. Sept. 1, 2011
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 15 of 2011 - Shopping Reform and Modernization Act (445.311 - 445.324) › Section 445.319 - Applicability of Section to Certain Sales; Conditions; Loss Suffered by Buyer; Notification; Recovery; Action Brought by Buyer; Section Inapplicable to Seller Intentionally Charging More Than Displayed Price.

445.319 Applicability of section to certain sales; conditions; loss suffered by buyer; notification; recovery; action brought by buyer; section inapplicable to seller intentionally charging more than displayed price.
Sec. 9.
(1) Except as provided in subsection (4), this section applies to a sale at retail that meets all of the following conditions:
(a) There is a price displayed for the consumer item.
(b) The sale is recorded by an automatic checkout system.
(c) The buyer is given a receipt that describes the item and states the price charged for the item.
(2) Before bringing or joining in an action under section 12(2), within 30 days after purchasing a consumer item, a buyer who suffers loss because the price charged for the item is more than the price displayed for that item shall notify the seller in person or in writing that the price charged is more than the price displayed for that item. The notice shall include evidence of the loss suffered by the buyer. If the seller pays the buyer 1 of the following amounts within 2 days after the seller receives notification under this subsection, the buyer is barred from any further recovery for that loss:
(a) Unless subdivision (b) applies, an amount equal to the difference between the price displayed and the price charged for the consumer item, plus an amount equal to 10 times that difference but that is not less than $1.00 or more than $5.00.
(b) If a loss is suffered by a buyer on 2 or more identical consumer items in a single transaction, an amount equal to the difference between the price displayed and the price charged for each of those identical items, plus an amount equal to 10 times that difference for 1 of the identical items but that is not less than $1.00 or more than $5.00.
(3) If a seller does not pay a buyer who suffers a loss described in subsection (2) the amount described in that subsection for that loss, the buyer may bring or join in an action against the seller under section 12(2).
(4) This section does not apply to a sale at retail in which the seller intentionally charges more for a consumer item than the price displayed for the item.
History:
2011, Act 15, Eff. Sept. 1, 2011