Michigan Compiled Laws
Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922)
Section 445.904 - Exemptions; Burden of Proof.

Sec. 4.
(1) This act does not apply to either of the following:
(a) A transaction or conduct specifically authorized under laws administered by a regulatory board or officer acting under statutory authority of this state or the United States.
(b) An act done by the publisher, owner, agent, or employee of a newspaper, periodical, directory, radio or television station, or other communications medium in the publication or dissemination of an advertisement unless the publisher, owner, agent, or employee knows or, under the circumstances, reasonably should know of the false, misleading, or deceptive character of the advertisement or has a direct financial interest in the sale or distribution of the advertised goods, property, or service.
(2) Except for the purposes of an action filed by a person under section 11, this act does not apply to or create a cause of action for an unfair, unconscionable, or deceptive method, act, or practice that is made unlawful by any of the following:
(a) The banking code of 1999, 1999 PA 276, MCL 487.11101 to 487.15105.
(b) 1939 PA 3, MCL 460.1 to 460.11.
(c) The motor carrier act, 1933 PA 254, MCL 475.1 to 479.43.
(d) The savings bank act, 1996 PA 354, MCL 487.3101 to 487.3804.
(e) The credit union act, 2003 PA 215, MCL 490.101 to 490.601.
(3) This act does not apply to or create a cause of action for an unfair, unconscionable, or deceptive method, act, or practice that is made unlawful by chapter 20 of the insurance code of 1956, 1956 PA 218, MCL 500.2001 to 500.2093, if either of the following is met:
(a) The method, act, or practice occurred on or after March 28, 2001.
(b) The method, act, or practice occurred before March 28, 2001. However, this subdivision does not apply to or limit a cause of action filed with a court concerning a method, act, or practice if the cause of action was filed in a court of competent jurisdiction on or before June 5, 2014.
(4) The burden of proving an exemption from this act is upon the person claiming the exemption.
History: 1976, Act 331, Eff. Apr. 1, 1977 ;-- Am. 1993, Act 10, Imd. Eff. Mar. 31, 1993 ;-- Am. 2000, Act 432, Eff. Mar. 28, 2001 ;-- Am. 2003, Act 216, Imd. Eff. Dec. 2, 2003 ;-- Am. 2014, Act 251, Eff. Mar. 31, 2015 Compiler's Notes: Enacting section 1 of Act 251 of 2014 provides:"Enacting section 1. This amendatory act is retroactive and is effective March 28, 2001."Enacting section 2 of Act 251 of 2014 provides:"Enacting section 2. This amendatory act is curative and intended to prevent any misinterpretation that this act applies to or creates a cause of action for an unfair, unconscionable, or deceptive method, act, or practice occurring before March 28, 2001 that is made unlawful by chapter 20 of the insurance code of 1956, 1956 PA 218, MCL 500.2001 to 500.2093, that may result from the decision of the Michigan supreme court in Converse v Auto Club Group Ins Co, No. 142917, October 26, 2012. "

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.