Sec. 12.
(1) Whether or not a person seeks damages or has an adequate remedy at law, a person may bring an action to do either or both of the following if the attorney general or prosecuting attorney fails to initiate action within 60 days after receiving notice of an alleged violation of this act:
(a) Obtain a declaratory judgment that an act or practice violates this act.
(b) Enjoin by temporary or permanent injunction a person that is engaging or is about to engage in an act or practice that violates this act.
(2) Except as provided in section 9, a person that suffers loss as a result of a violation of this act may bring an individual or a class action to recover actual damages or $250.00, whichever is greater, for each day on which a violation of this act is found, together with reasonable attorneys' fees that do not exceed $300.00 in an individual action.
History: 2011, Act 15, Eff. Sept. 1, 2011
Structure 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.
Section 445.312 - Definitions.
Section 445.313 - Director of Department of Agriculture and Rural Development; Duties.
Section 445.315 - Untrue, Deceptive, or Misleading Advertisement; "Not First Class" Defined.
Section 445.316 - Exceptions to MCL 445.314 and 445.315.
Section 445.317 - Display of Total Price of Consumer Item Offered for Sale; Exceptions.
Section 445.318 - Charging Higher Price Than Price Displayed on Item; Violation.
Section 445.321 - Public Consumer Education Program; Purpose; Appropriation; Internet Website.
Section 445.322 - Individual or Class Action.
Section 445.323 - Investigation by Prosecuting Attorney; Action.
Section 445.324 - Remedies; Enactment of Inconsistent Ordinances or Regulations.