Michigan Compiled Laws
Act 429 of 2008 - Scrap Metal Regulatory Act (445.421 - 445.443)
Section 445.437 - Private Cause of Action; Damages; "Value of the Property Stolen" Defined; Costs and Attorney Fees.

Sec. 17.
(1) A person may bring a private cause of action against a seller or a scrap metal dealer, in a court of competent jurisdiction, for monetary damages suffered from violation of this act.
(2) If the court in an action described in subsection (1) finds that the violation included the purchase or sale of stolen property and finds that the purchaser in an action against the purchaser, or the seller in an action against the seller, knew or should have known that the property was stolen, the court shall award treble damages for the value of the property stolen. As used in this subsection, "value of the property stolen" means the greatest of the following:
(a) The replacement cost of the stolen property.
(b) The cost of repairing the damage caused by the larceny of the property.
(c) The total of subdivisions (a) and (b).
(3) The court may award costs and reasonable attorney fees in an action brought under subsection (1).
History: 2008, Act 429, Eff. Apr. 1, 2009 ;-- Am. 2014, Act 99, Eff. July 1, 2014

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 445 - Trade and Commerce

Act 429 of 2008 - Scrap Metal Regulatory Act (445.421 - 445.443)

Section 445.421 - Short Title.

Section 445.423 - Definitions.

Section 445.425 - Scrap Metal Dealer; Seller; Duties.

Section 445.426 - Payment Methods for Certain Purchase Transactions; Electronic Database; Requirements; Single Shared Electronic Database; Determination or Selection by Department of State Police; Objection; Filing Petition; Hearing; Duties of Scrap...

Section 445.427 - Record of Purchase Transaction; Preparation and Maintenance; Duration; Location; Availability for Inspection; Contents; Exception; Use of Electronic Record-Keeping System.

Section 445.429 - Article Containing Nonferrous Metal; Tagging and Holding by Dealer Required; Circumstances; Creation and Maintenance of Records; Certain Sales Prohibited.

Section 445.430 - Sale or Purchase of Certain Property Prohibited.

Section 445.431 - Database; Registration With or Subscription to Be Required.

Section 445.433 - Violation of MCL 445.427 or 445.429 as Misdemeanor; Malfunction as Affirmative Defense; Conduct as Felony; Penalties; Report by Department of State Police.

Section 445.435 - Violation of Act as State Civil Infraction; Violation of MCL 445.426 as State Civil Infraction; Penalties.

Section 445.437 - Private Cause of Action; Damages; "Value of the Property Stolen" Defined; Costs and Attorney Fees.

Section 445.439 - Remedies.

Section 445.441 - Effective Date.

Section 445.443 - Conditional Effective Date.