Michigan Compiled Laws
Act 322 of 1978 - Electronic Funds Transfers (488.1 - 488.31)
Section 488.21 - Civil Action for Violation; Liability.

Sec. 21.
(1) A person may bring a civil action against a person violating section 13, 14, 15, 16, 17, 18, 19, or 20 in any court having jurisdiction. Upon adverse adjudication, the defendant shall be liable for actual damages or $1,000.00, whichever is greater.
(2) If a violation of section 12 occurs, the customer may bring an action against either the financial institution providing services by means of a funds transfer facility or a person providing services of a funds transfer facility, or both, in any court having jurisdiction. Upon adverse adjudication, the defendant may be liable for actual damages or $1,000.00, whichever is greater.
History: 1978, Act 322, Eff. Jan. 1, 1979

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Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 488 - Electronic Funds Transfers

Act 322 of 1978 - Electronic Funds Transfers (488.1 - 488.31)

Section 488.1 - Meaning of Words and Phrases.

Section 488.2 - Definitions; a to C.

Section 488.3 - Definitions; C to E.

Section 488.4 - Definitions; F to M.

Section 488.5 - Definitions; P to U.

Section 488.6 - Terminals, Facilities, or Functions to Which Act Inapplicable.

Section 488.7 - Funds Transfer Facility on Merchant's Premises; Establishment, Ownership, or Operation; Access To, Connection To, or Use of Facility; Reasonable Fees; Nondiscrimination; Additional Facilities; Equality of Fees.

Section 488.8 - Funds Transfer Facility; Reliable Service; Protection of Privacy; Safety and Soundness of Funds; Compliance With Antitrust Laws.

Section 488.9 - Funds Transfer Facility; Restrictions.

Section 488.10 - Electronic Funds Transfer Terminals; Number; Availability; Transfer of Funds Into Deposit Acccount.

Section 488.11 - Funds Transmission Facility; Establishment, Operation, or Availability; Exemption of Internal Computer System.

Section 488.12 - Providing Information About Customer's Deposit Account or Customer's Transaction; Furnishing Credit Information; Verifications; Liability for Violation.

Section 488.13 - Issuance of Card or Means of Access to Customer's Account; Requirements.

Section 488.14 - Liability for Unauthorized Use of Account; Proof; “Customer Negligence” Defined; Failure to Notify Depository Financial Institution of Unauthorized Use; Reporting Lost Means of Access or Violation of Security.

Section 488.15 - Notification of Electronic Fund Transfer Error; Investigation; Report; Notification Requirements; Requirements of Report to Customer; Meaning of Electronic Fund Transfer Error; Placing Hold on Funds in Account; Closing Account; Repor...

Section 488.16 - Reversal of Electronic Fund Transfer and Recrediting Customer's Account; Requirements; “Normal Business Hours” Defined.

Section 488.17 - Receipt Evidencing Electronic Fund Transfer; Time; Costs.

Section 488.18 - Statement of Customer's Account; Frequency; Contents.

Section 488.19 - Written Agreement of Terms and Conditions Governing Account; Time; Contents.

Section 488.20 - Options to Promote Security of Electronic Fund Transfers.

Section 488.21 - Civil Action for Violation; Liability.

Section 488.22 - Monitoring and Analyzing Developments Within Field of Electronic Fund Transfers; Report; Effecting Provisions of Section.

Section 488.23 - Restraining Trade or Engaging in Anticompetitive Practices.

Section 488.24 - Unauthorized Transactions Prohibited.

Section 488.25 - Applicability of Antitrust Laws.

Section 488.26 - Application of State or Federal Statute to Credit or Deposit Account Relationships.

Section 488.27 - Unjust Denial of Access; Unfairly Discriminatory Sharing Requirements; Arbitration; Judgment; Redress in Circuit Court.

Section 488.28 - Violation Injurious to Business or Property; Action for Treble Damages, Costs, and Attorneys' Fees.

Section 488.29 - Wilful Violation as Misdemeanor; Penalty.

Section 488.30 - Conditional Effective Date.

Section 488.31 - Effective Date.