Michigan Compiled Laws
Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922)
Section 445.906 - Assurance of Discontinuance of Method, Act, or Practice.

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 Unless rescinded by the parties or voided by a court for good cause, the assurance may be enforced in the circuit court by the parties to the assurance.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

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.