Michigan Compiled Laws
Act 255 of 1986 - Prepaid Funeral and Cemetery Sales Act (328.211 - 328.235)
Section 328.234 - Action to Force Compliance; Damages; Orders.

Sec. 24.
The department or any other person, in order to force compliance with this act, may bring an action in a circuit court in any county in which the registrant or any other person has solicited or sold prepaid contracts, whether or not that person has purchased a prepaid contract or is personally aggrieved by a violation of this act. The court may award damages, issue equitable orders in accordance with the Michigan court rules to restrain conduct in violation of this act, and award reasonable attorney fees and costs to a prevailing party.
History: 1986, Act 255, Eff. July 1, 1987 ;-- Am. 2004, Act 21, Eff. Jan. 1, 2005 Compiler's Notes: For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 328 - Dead Human Bodies

Act 255 of 1986 - Prepaid Funeral and Cemetery Sales Act (328.211 - 328.235)

Section 328.211 - Short Title.

Section 328.212 - Meanings of Words and Phrases.

Section 328.213 - Definitions; B to D.

Section 328.214 - Definitions; D to M.

Section 328.215 - Definitions; N to U.

Section 328.216 - Certificate of Registration to Sell, Provide, or Agree to Provide Merchandise or Services Pursuant to Prepaid Contract; Application; Fee; Duration of Certificate; Contents of Application Form; Renewal of Registration; Sworn Statemen...

Section 328.217 - Deposit of Funds With Escrow Agent; Agreement to Allow Inspection and Copying of Records.

Section 328.218 - Accounts, Books, and Records; Special Report; Examination; Corrective or Penal Action; Examination, Review, or Audit of Books and Records; Authorization of Escrow Agents to Open Records; Statement in Lieu of Special Report.

Section 328.219 - Notice of Purchase or Assignment of Business Operations or Prepaid Contracts.

Section 328.220 - Nonguaranteed or Guaranteed Price Contracts; Execution.

Section 328.221 - Guaranteed Price Contract; Requirements.

Section 328.222 - Funds to Be Held in Escrow by Escrow Agent; Additional Commission Not Subject to Depository Requirements; Commission if Contract Price Paid in Installments; Refund; Qualifications and Selection of Escrow Agent; Authorized Investment...

Section 328.223 - Cancellation of Prepaid Contract by Contract Buyer; Notice; Disbursement of Principal and Income; Cancellation of Contract by Contract Seller or Provider; Failure to Use Escrow Account to Make Funeral Arrangements; Assignment or Tra...

Section 328.224 - Liability for Principal and Income; Investment of Funds; Changing Escrow Agent or Depository.

Section 328.225 - Prices or Quotations of Prices; Requirements; Exception; Manipulation of Prices Prohibited; Provision for Revocation of Contract; Refund; Disclosure of Right to Cancel Contract and Amount of Refund; Disclosure of Commissions; Servic...

Section 328.226 - Prepaid Funeral Contract Not in Writing as Voidable; Agreement as to Rate of Interest; Interest Added or Deducted in Advance; Computation of Interest; Financing of Contract.

Section 328.227 - Rules Generally.

Section 328.228 - Prohibited Conduct; Rules; Administrative Action.

Section 328.229 - Irrevocable Prepaid Contract Approved by Family Independence Agency or Department of Community Health; Rules.

Section 328.230 - Complaint; Investigation; Examination of Books, Records, Contracts, and Other Documents; Duties of Department on Determination of Reasonable Cause to Believe in Occurrence of Violation; Violation; Hearing; Duties of Department on De...

Section 328.231 - Violations; Penalties.

Section 328.232 - Conversion of Funds as Felony; Violation as Misdemeanor; Penalties.

Section 328.233 - Noncompliance With Investment and Depositing Requirements; Petition for Appointment of Receiver; Notice; Hearing; Liquidation.

Section 328.234 - Action to Force Compliance; Damages; Orders.

Section 328.235 - Effective Date.