Michigan Compiled Laws
Act 224 of 1966 - Retail Installment Sales Act (445.851 - 445.873)
Section 445.855 - Transactions Negotiated and Entered Into by Mail or Telephone; Applicable Provisions of Act; Memorandum.

Sec. 5.
(1) A retail installment transaction negotiated and entered into by mail or telephone without personal solicitations by a salesperson or other representative of the seller and based upon a catalog of the seller, or other printed solicitation which clearly sets forth the cash sale prices and other terms of sales to be made through the medium may be made as provided in this section. The provisions of this act with respect to a retail installment transaction shall be applicable to the sale, except that:
(a) The designation and notice provisions of sections 3(a) and 12(a) shall not be applicable to the retail installment contract or retail charge agreement.
(b) The retail installment contract or retail charge agreement, when completed by the buyer, need not contain the items required by section 3(d) or 12(a). When the retail installment contract or retail charge agreement is received from the retail buyer, the seller shall either prepare a written memorandum containing all of the information required by section 3(d) to be included in a retail installment transaction or shall deliver a copy of the retail charge agreement to the retail buyer as provided in section 12(a) prior to the due date of the first installment or payment payable under the contract or agreement.
(2) When the retail installment contract or retail charge agreement is received from the retail buyer, the seller shall prepare a written memorandum containing all of the information required by sections 3(d) and 12(a) to be included in a retail installment transaction. Instead of delivering a copy of the contract or agreement to the retail buyer as provided in sections 3(b) and 12(a), the seller shall deliver to the buyer a copy of the memorandum prior to the due date of the first installment or payment payable under the contract or agreement.
History: 1966, Act 224, Eff. Mar. 10, 1967 ;-- Am. 1977, Act 127, Eff. Jan. 1, 1978

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 445 - Trade and Commerce

Act 224 of 1966 - Retail Installment Sales Act (445.851 - 445.873)

Section 445.851 - Retail Installment Sales Act; Short Title.

Section 445.851a - Truth in Lending Act; Effect of Compliance.

Section 445.852 - Definitions.

Section 445.853 - Retail Installment Contract; Requirements; Size; Notice to Buyer; Delivery of Copy; Nondelivery; Provisions; Contents of Contract; Transaction Involving Vehicle; Terms; Statement That Seller Retains Security Interest.

Section 445.854 - Retail Installment Contracts; Single Document Not Required; Sales Slip, Account Book, Other Written Statements.

Section 445.855 - Transactions Negotiated and Entered Into by Mail or Telephone; Applicable Provisions of Act; Memorandum.

Section 445.856 - Retail Installment Contracts; Blank Space; Filling.

Section 445.857 - Time Price Differential; Limitation; Computation; Minimum Time Price Differential.

Section 445.858 - Prepayment of Unpaid Balance; Amount of Refund Credit.

Section 445.859 - Installment Contract or Retail Charge Agreement; Delinquency and Collection Charge.

Section 445.860 - Retail Installment Contracts; Statement of Dates, Payments and Unpaid Balances; Receipt.

Section 445.861 - Retail Installment Transactions; Subsequent Purchases; Previous Contracts; Inclusion and Consolidation; New Schedule of Installment Payments.

Section 445.862 - Retail Charge Agreement; Delivery of Copy to Buyer; Acknowledgment; Blank Spaces; Statement of Time Price Differential; Notice to Buyer; Periodic Statement; Computation of Time Price Differential; Adjustment of Charges; Attorney's F...

Section 445.862a - Submission of Invoice Evidencing Credit Card Sale.

Section 445.863 - Retail Installment Contracts or Charge Agreements; Insurance Included in Cost; Requirements; Minimum Charges; Refunds.

Section 445.864 - Retail Installment Contracts or Charge Agreements; Prohibited Provisions; Denial of Application Based on Geographic Location of Residence Prohibited; Permissible Conduct; Exemption; Contract for Financial Services Not Required; Offe...

Section 445.865 - Purchase or Acquisition of Retail Installment Contract or Retail Charge Agreement by Assignee; Terms, Conditions, and Price; Evidence of Obligation; Validity of Written Assignment; Notice; Payment to Last Known Holder; Claims and De...

Section 445.865a - Contracts, Agreements, or Other Transactions Considered Made in State; Offer or Agreement to Sell in State; Acceptance or Offer to Buy in State.

Section 445.866 - Waiver of Act as to Buyers' Protection Prohibited.

Section 445.867 - Violation of Act; Misdemeanor.

Section 445.868 - Violation of Act; Effect as to Recovery Rights of Seller.

Section 445.869 - Violation of Act; Actions; Penalties.

Section 445.870 - Violation of Act; Assurance of Discontinuance; Acceptance by Attorney General, Approval of Circuit Court.

Section 445.871 - Violation of Order of Circuit Court; Civil Penalty.

Section 445.871a - Compliance With Federal Truth-in-Lending Act; Violation as Unintentional and Bona Fide Error; Burden of Proof.

Section 445.872 - Effect of Act as to Prior Contracts.

Section 445.873 - Time Price Differential Consisting of Interest on Amount of Unpaid Principal Balance of Contract; Modifications.