Michigan Compiled Laws
Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922)
Section 445.903k - Providing, Offering, or Receiving Compensation for Providing or Offering of Veterans' Benefit Service; Advertising or Promoting Event Regarding Veterans' Pension or Medical Benefits; Limitations; Definitions.

Sec. 3k.
(1) A person that is engaged in trade or commerce shall not engage in any of the following acts or practices:
(a) Providing, or offering to provide, a veterans' benefit service to a veteran or family member of a veteran unless the person is any of the following:
(i) Employed by a government agency that is authorized to provide the veterans' benefit service.
(ii) An accredited individual under the federal laws and regulations applicable to the administration of veterans' benefits.
(iii) An employee or authorized representative of a recognized veterans' services organization.
(b) Receiving compensation for providing or offering to provide a veterans' benefit service to a veteran or family member of a veteran unless all of the following are met:
(i) The person is permitted to receive compensation for providing or offering to provide that service to the veteran or family member under the federal laws and regulations applicable to the administration of veterans' benefits.
(ii) Before providing or offering to provide that service, the person discloses all of the following to the veteran or family member:
(A) That the person is not affiliated with a government agency or recognized veterans' services organization.
(B) If applicable, that the veterans' benefit service is available free of charge from a government agency or recognized veterans' services organization.
(C) That the veteran may qualify for benefits other than or in addition to the benefits the veteran or family member may obtain if the person is engaged to provide the veterans' benefit service.
(D) That receipt of a certain level of veterans' benefits is not guaranteed if the person is engaged to provide the veterans' benefit service.
(c) Using financial or other personal information gathered for insurance or other purposes in providing or offering to provide a veterans' benefit service, unless the requirements of this section are met.
(d) Receiving compensation for referring a veteran or a family member of a veteran to an individual who is accredited by the United States Department of Veterans Affairs.
(e) Representing, either directly or by implication, either orally or in writing, that the receipt of a certain level of veterans' benefits is guaranteed.
(2) A person engaged in trade or commerce shall not advertise or promote any event, presentation, seminar, workshop, or other public gathering regarding veterans' pension or medical benefits or entitlements that does not include the following disclosure: "This event is not sponsored by, or affiliated with, the United States Department of Veterans Affairs, the Michigan Department of Military and Veterans Affairs, the Michigan Veterans Affairs Agency, or any other congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States or any of their auxiliaries. Products or services that may be discussed at this event are not necessarily endorsed by those organizations. You may qualify for benefits other than or in addition to the benefits discussed at this event.".
(3) All of the following apply to the disclosure required under subsection (2):
(a) The disclosure must be in the same type size and font as the term "veteran" or any variation of that term as used in the event advertisement or promotional materials.
(b) The disclosure must be disseminated, both orally and in writing, at the beginning of any event, presentation, seminar, workshop, or other public gathering regarding veterans' benefits or entitlements.
(c) The disclosure does not apply if the United States Department of Veterans Affairs, the department of military and veterans affairs, the Michigan veterans affairs agency, or any other congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States or any of their auxiliaries have granted written permission to the advertiser or promoter for the use of its name, symbol, or insignia to advertise or promote events, presentations, seminars, workshops, or other public gatherings described in this subsection. The disclosure also does not apply if the event, presentation, seminar, workshop, or gathering is part of an accredited continuing legal education course.
(4) This section does not apply to officers, employees, or volunteers of this state, of any county, city, or other political subdivision of this state, or of a federal agency of the United States, who are acting in their official capacity.
(5) As used in this section:
(a) "Compensation" means money, property, or anything else of value, including, but not limited to, exclusive arrangements or agreements for the provision of services or the purchase of products.
(b) "Recognized veterans' services organization" means a veterans' services organization that is recognized under the federal laws and regulations applicable to the administration of veterans' benefits.
(c) "Veterans' benefit service" means any of the following:
(i) The preparation, presentation, or prosecution of a claim affecting an individual who has filed or has expressed an intention to file an application for veteran, dependent, or survivor pension or medical benefits under laws administered by the United States Department of Veterans Affairs or the department of military and veterans affairs pertaining to veterans, dependents, and survivors.
(ii) Advice or representation concerning the preparation, presentation, or prosecution of a claim described in subparagraph (i).
History: Add. 2018, Act 211, Eff. Sept. 24, 2018

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 445 - Trade and Commerce

Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922)

Section 445.901 - Short Title.

Section 445.902 - Definitions.

Section 445.903 - Unfair, Unconscionable, or Deceptive Methods, Acts, or Practices in Conduct of Trade or Commerce; Rules; Applicability of Subsection (1)(hh).

Section 445.903a - Home Appliance; Contents of Service Contract.

Section 445.903b - Failure of Seller to File Notice Unlawful; Form and Contents of Notice; Notice of Change in Information; Reference to MCL 445.903 Includes Reference to This Section.

Section 445.903c - Advertising or Listing in Telephone Directory; Misrepresenting Name or Location Prohibited; Violation; Penalty; Applicability to Telephone Service Provider, Publisher, or Distributor.

Section 445.903d - Advertising or Listing in Telephone Directory; Misrepresenting Name or Location Prohibited; Violation; Penalty; Applicability to Telephone Service Provider, Publisher, or Distributor.

Section 445.903e - Issuance of Gift Certificate; Prohibited Conduct; Definitions.

Section 445.903f - Possession or Use of Gift Certificate; Charging Service Fee Prohibited; "Service Fee" Defined.

Section 445.903g - Expiration of Gift Certificate; Limitation.

Section 445.903h - Vehicle Rental Transaction; Inclusion of Vehicle License Cost Recovery Fee; Amount; Fee in Excess of Costs; Duties of Car Rental Company; Definitions.

Section 445.903i - Ownership or Operation of Clothing Donation Box; Definitions.

Section 445.903k - Providing, Offering, or Receiving Compensation for Providing or Offering of Veterans' Benefit Service; Advertising or Promoting Event Regarding Veterans' Pension or Medical Benefits; Limitations; Definitions.

Section 445.903l - Third-Party Delivery Service; Prohibition on Use of Likeness, Trademark, or Other Property of Restaurant; Written Agreement; Definitions.

Section 445.903m - Online State Services by Unaffiliated Third Party; Requirements.

Section 445.903n - Definitions for MCL 445.903o.

Section 445.903o - Regulation and Verification of Online Marketplace and Third-Party Sellers; Information for Consumers; Requirements; Failure to Comply; Suspension; Enforcement.

Section 445.904 - Exemptions; Burden of Proof.

Section 445.905 - Action to Restrain Defendant by Temporary or Permanent Injunction; Venue; Costs; Civil Penalty; Notice to Defendant; Notice to Attorney General; Violation of Injunction, Order, Decree, or Judgment; Civil Fine; Retention of Jurisdict...

Section 445.906 - Assurance of Discontinuance of Method, Act, or Practice.

Section 445.907 - Subpoena; Notice; Confidentiality; Penalty.

Section 445.908 - Compliance With Notice; Conduct Requiring Assessment of Civil Penalty; Petition for Order to Enforce Compliance; Violation of Final Order; Injunction.

Section 445.909 - Publication, Public Inspection and Copying, and Distribution of Rules, Final Judgments, Assurance of Discontinuance, and Other Matters; Request; Fee.

Section 445.909a - List of Consumer Complaints.

Section 445.910 - Class Action by Attorney General for Actual Damages; Order; Hearing; Receiver; Sequestration of Assets; Cost of Notice; Limitations.

Section 445.911 - Action by Person for Declaratory Judgment, Injunction, or Actual Damages; Class Action by Person for Actual Damages; Order; Hearing; Receiver; Sequestration of Assets; Cost of Notice; Limitations.

Section 445.912 - Mailing Copy of Complaint, Judgment, Decree, or Order to Attorney General; Violation of Injunction as Evidence.

Section 445.913 - Filing Fees for Commencing Action or Filing Voluntary Assurance.

Section 445.914 - Investigation by Law Enforcement Officer.

Section 445.915 - Investigation and Prosecution by Prosecuting Attorney.

Section 445.916 - Other Causes of Action Not Affected; Inconsistent Ordinance or Regulation Prohibited.

Section 445.917 - Investigation of Financial Institutions; Subpoena; Report.

Section 445.918 - Investigation of Public Utilities; Subpoena; Report.

Section 445.919 - Investigation of Certain Persons by Cemetery Commission; Subpoena; Report.

Section 445.920 - Investigation of Certain Persons by Director of Department of Energy, Labor, and Economic Growth; Subpoena; Report.

Section 445.921 - Investigation of Certain Persons by Commissioner of Insurance; Subpoena; Report.

Section 445.922 - Effective Date.