Michigan Compiled Laws
Act 298 of 1992 - Public Safety Solicitation Act (14.301 - 14.327)
Section 14.320 - Class Action.

Sec. 20.
(1) The attorney general may bring a class action on behalf of persons residing in or injured in this state for the actual damages caused by any method, act, or practice that is unlawful under this act.
(2) The court after a hearing may appoint a receiver or order sequestration of the defendant's assets if it appears to the satisfaction of the court that the defendant threatens or is about to remove, conceal, or dispose of his or her assets to the detriment of members of the class.
(3) If at any stage of the proceedings the court requires that notice be sent to the class, the attorney general may petition the court to require the defendant to bear the cost of the notice. In determining whether to impose the cost on the defendant or the state, the court shall consider the probability that the attorney general will succeed on the merits of the action.
(4) If the defendant shows by a preponderance of the evidence that a violation of this act resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid the error, the amount of recovery shall be limited to actual damages and attorneys' fees.
(5) An action shall not be brought by the attorney general under this section more than 6 years after the occurrence of the method, act, or practice which is the subject of the action.
History: 1992, Act 298, Imd. Eff. Dec. 18, 1992

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 14 - Attorney General

Act 298 of 1992 - Public Safety Solicitation Act (14.301 - 14.327)

Section 14.301 - Short Title.

Section 14.302 - Definitions.

Section 14.303 - Soliciting Contributions; Registration of Organization With Attorney General; Form; Contents; Reporting Category Distributions; Registration Fee; Effective Date, Expiration, and Renewal of Registration.

Section 14.304 - Soliciting Contributions by Professional Fund-Raiser; Registration With Attorney General; Form; Contents; Surety Bond; Registration Fee; Effective Date, Expiration, and Renewal of Registration; Maintaining List of Individuals Making...

Section 14.305 - Notice of Change of Information.

Section 14.306 - Public Inspection of Registration Forms and Documents; Exemption.

Section 14.307 - Registration of Out-of-State Organization or Professional Fund-Raiser; Designation of Resident Agent Required.

Section 14.308 - Service of Process.

Section 14.309 - Use of Name, Symbol, or Statement.

Section 14.310 - Diversion of Solicited Funds.

Section 14.311 - Misrepresenting, Misleading, Making False Statements, Using Other Than Legal Name, or Taking Advantage of Inability to Protect Interests; Recording Telephone Communications; Identification as Public Safety Officer or Member of Organi...

Section 14.312 - Disclosure Statement; Providing Percentage Ranges Upon Request.

Section 14.313 - Information Printed on Written Request for Payment.

Section 14.314 - Exemptions.

Section 14.315 - Toll-Free Telephone Number; Establishment; Purpose.

Section 14.316 - Authority of Attorney General to Bring Action in Court; Notice; Opportunity to Cease and Desist; Forwarding Notice of Violation and Information; Civil Penalty.

Section 14.317 - Assurance of Discontinuance of Method, Act, or Practice; Filing; Enforcement; Modification.

Section 14.318 - Subpoena to Appear Before Attorney General; Producing Documentary Material; Service and Contents of Notice; Extending Reporting Date; Modifying or Setting Aside Notice and Subpoena; Confidentiality of Records.

Section 14.319 - Compliance With Terms of Notice; Prohibited Conduct; Civil Penalty; Order to Enforce Compliance; Enjoining Person From Soliciting Contributions.

Section 14.320 - Class Action.

Section 14.321 - Actions to Obtain Declaratory Judgment or Injunctions; Action to Recover Actual Damages; Class Action; Appointing Receiver or Ordering Sequestration of Assets; Cost of Notice; Limitation on Damages Resulting From Bona Fide Error; Sta...

Section 14.322 - Commencement of Action; Mailing Copy of Complaint, Judgment, Decree, or Order; Proof of Violation of Permanent Injunction.

Section 14.323 - Filing Fees Not Required; Conditions.

Section 14.324 - Law Enforcement Officer; Aid and Assistance in Investigation.

Section 14.325 - Prosecuting Attorney; Powers and Authority.

Section 14.326 - Attorney General or Local Prosecutors; Powers or Duties Not Limited or Restricted by Act.

Section 14.327 - Conditional Effective Date.