Michigan Compiled Laws
Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922)
Section 445.903n - Definitions for MCL 445.903o.

Sec. 3n.
As used in section 3o:
(a) "Consumer product" means any tangible personal property that is distributed in trade or commerce and that is normally used for personal, family, or household purposes regardless of whether the property is attached to or installed in, or intended to be attached to or installed in, real property.
(b) "High-volume third-party seller" means a participant on an online marketplace's platform that is a third-party seller and that, in any continuous 12-month period during the previous 24 months, has entered into 200 or more discrete sales or transactions of new or unused consumer products through the online marketplace, and for which payment was processed by the online marketplace, either directly or through its payment processor, with an aggregate total of $5,000.00 or more in gross revenues.
(c) "Online marketplace" means a person that operates a consumer-directed electronically based or accessed platform that meets all of the following criteria:
(i) It includes features that allow for, facilitate, or enable third-party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in this state.
(ii) It is used by 1 or more third-party sellers for the purposes in subparagraph (i).
(iii) It has a contractual or similar relationship with consumers governing their use of the platform to purchase consumer products.
(d) "Political subdivision" means a county, city, village, township, or other political subdivision, public corporation, authority, or district in this state.
(e) "Seller" means a person that sells, offers to sell, or contracts to sell a consumer product through an online marketplace platform. Seller does not include a new motor vehicle dealer licensed under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.
(f) "Third-party seller" means a seller that is independent of an online marketplace and that sells, offers to sell, or contracts to sell a consumer product in this state through an online marketplace's platform. Third-party seller does not include either of the following:
(i) A seller that operates the online marketplace's platform.
(ii) A business entity to which all of the following apply:
(A) It has made available to the general public the entity's name, business address, and working contact information.
(B) It has an ongoing contractual relationship with the online marketplace to provide the online marketplace with the manufacture, distribution, wholesaling, or fulfillment of shipments of consumer products.
(C) It has provided to the online marketplace identifying information, as described in section 3o(1), that has been verified in accordance with section 3o(4).
(g) "Verify" means to confirm information provided to an online marketplace under section 3o(1). Verify may include the use of 1 or more methods that enable the online marketplace to reliably determine that any information and documents provided are valid, correspond to the seller or an individual acting on the seller's behalf, are not misappropriated, and are not falsified.
History: Add. 2022, Act 153, Eff. Jan. 1, 2023

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.