Michigan Compiled Laws
Act 224 of 1966 - Retail Installment Sales Act (445.851 - 445.873)
Section 445.869 - Violation of Act; Actions; Penalties.

Sec. 19.
(1) The attorney general, the prosecuting attorney for the county where an alleged violation occurred, or a borrower may bring an action against a retail seller to do 1 or more of the following:
(a) Obtain a declaratory judgment that a method, act, or practice of a retail seller is a violation of this act.
(b) Enjoin a retail seller who is engaging or about to engage in a method, act, or practice that is a violation of this act.
(c) Recover $1,000.00 and actual damages if the alleged violation of this act was committed by a retail seller for a noncredit card arrangement or $1,500.00 and actual damages if the alleged violation involved any other credit arrangements.
(d) Recover reasonable attorney fees and the costs in connection with bringing an action under this act if the retail seller is found to have violated this act.
(e) In an action brought by the attorney general or a county prosecutor, recover a civil fine of not more than $10,000.00 if the retail seller is found to have willfully and knowingly violated this act and $20,000.00 if the retail seller is found to have persistently violated this act.
(2) Except for a violation described in section 12, a retail seller who violates this act in the extension of credit to a borrower or buyer shall not recover any interest or other charges in connection with the extension of credit. The borrower or buyer may recover reasonable attorney fees and court costs for enforcing this subsection or in defending against a cause of action brought by a retail seller who has violated this act.
(3) The attorney general or a borrower may bring a class action on behalf of persons injured by a violation of this act.
History: 1966, Act 224, Eff. Mar. 10, 1967 ;-- Am. 1995, Act 167, Eff. Mar. 28, 1996

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.