Sec. 35.
(1) Whenever it appears to the department that a person has engaged, is engaged, or is about to engage in an act or practice constituting a violation of a provision of this act or a rule or order hereunder, after notice as required in subsection (2), the department may bring an action in the name of the people in the circuit court to enjoin the acts or practices, to obtain restitution on behalf of the franchisee, or to enforce compliance with this act or a rule or order hereunder. Upon a proper showing a preliminary or permanent injunction, restraining order, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant or the defendant's assets. The court shall not require the department to post a bond. The court may award costs, including reasonable costs of investigation, to the prevailing party.
(2) Unless waived by the court on good cause shown not less than 10 days before the commencement of an action under this section, the department shall notify the person of the intended action and give the person an opportunity to cease and desist from the alleged unlawful method, act, or practice or to confer with the department in person, by counsel, or by other representative as to the proposed action before the proposed filing date. The notice may be given the person by mail, postage prepaid, to the place of business listed in the notice under section 7a.
(3) In an action under this section to enjoin enforcement of a provision that is void and unenforceable under section 27, if the court finds that such a provision is present, there is a presumption of immediate and irreparable harm to the franchisee. Further showing shall not be required for a grant of a preliminary injunction.
History: 1974, Act 269, Eff. Oct. 15, 1974 ;-- Am. 1984, Act 92, Eff. June 20, 1984
Structure Michigan Compiled Laws
Chapter 445 - Trade and Commerce
Act 269 of 1974 - Franchise Investment Law (445.1501 - 445.1546)
Section 445.1501 - Short Title; Construction.
Section 445.1502 - Definitions.
Section 445.1503 - Additional Definitions; Burden of Proof.
Section 445.1504a - Applicability of Act.
Section 445.1504b - Franchisee as Sole Employer.
Section 445.1505 - Prohibited Conduct in Connection With Offer, Sale, or Purchase of Franchise.
Section 445.1505a - Franchise Opportunities Handbook.
Section 445.1507 - Repealed. 1984, Act 92, Eff. June 20, 1984.
Section 445.1509-445.1511 - Repealed. 1984, Act 92, Eff. June 20, 1984.
Section 445.1513 - Conditions Prohibiting Offering for Sale or Selling Franchise.
Section 445.1514-445.1518 - Repealed. 1984, Act 92, Eff. June 20, 1984.
Section 445.1519 - Filing Change in Information Contained in Notice.
Section 445.1520 - Accounts of Franchise Sales; Reports; Examination of Records.
Section 445.1522 - Service of Process.
Section 445.1523 - Untrue Statement, Omission, or Failure to Give Notice of Change.
Section 445.1524 - Filing of Advertisement or Sales Literature; Exemption From Liability.
Section 445.1525 - Publication of False or Misleading Advertisement Prohibited.
Section 445.1526 - Repealed. 1984, Act 92, Eff. June 20, 1984.
Section 445.1527 - Void and Unenforceable Provisions.
Section 445.1529, 445.1530 - Repealed. 1984, Act 92, Eff. June 20, 1984.
Section 445.1531 - Liability for Damages or Rescission; Basis of Damages.
Section 445.1532 - Joint and Several Liability.
Section 445.1533 - Statute of Limitations.
Section 445.1534 - Civil Liability; Liability Under Other Statute or Common Law.
Section 445.1537 - Repealed. 1984, Act 92, Eff. June 20, 1984.
Section 445.1538 - Violation; Penalty; Punishing Crime Under Other Statute.
Section 445.1543-445.1545 - Repealed. 1984, Act 92, Eff. June 20, 1984.