Sec. 6.
(1) When the attorney general has authority to institute an action or proceeding pursuant to section 5, he may accept an assurance of discontinuance of a method, act, or practice which is alleged to be unlawful under section 3 from the person who is alleged to have engaged, be engaging, or be about to engage in the method, act, or practice. The assurance shall not constitute an admission of guilt nor be introduced in any other proceeding. The assurance may include a stipulation for any or all of the following:
(a) The voluntary payment by the person for the costs of investigation.
(b) An amount to be held in escrow pending the outcome of an action.
(c) An amount for restitution to an aggrieved person.
(2) An assurance of discontinuance shall be in writing and may be filed with the circuit court of Ingham county. The clerk of the court shall maintain a record of the filings. Unless rescinded by the parties or voided by a court for good cause, the assurance may be enforced in the circuit court by the parties to the assurance. The assurance may be modified by the parties or by a court for good cause.
History: 1976, Act 331, Eff. Apr. 1, 1977
Structure 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 445.903a - Home Appliance; Contents of Service Contract.
Section 445.903e - Issuance of Gift Certificate; Prohibited Conduct; Definitions.
Section 445.903g - Expiration of Gift Certificate; Limitation.
Section 445.903i - Ownership or Operation of Clothing Donation Box; Definitions.
Section 445.903m - Online State Services by Unaffiliated Third Party; Requirements.
Section 445.903n - Definitions for MCL 445.903o.
Section 445.904 - Exemptions; Burden of Proof.
Section 445.906 - Assurance of Discontinuance of Method, Act, or Practice.
Section 445.907 - Subpoena; Notice; Confidentiality; Penalty.
Section 445.909a - List of Consumer Complaints.
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 445.917 - 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 445.921 - Investigation of Certain Persons by Commissioner of Insurance; Subpoena; Report.