Section 445.311 – Short Title.
445.311 Short title. Sec. 1. This act shall be known and may be cited as the “shopping reform and modernization act”. History: 2011, Act 15, Eff. Sept. 1, 2011
Section 445.312 – Definitions.
445.312 Definitions. Sec. 2. As used in this act: (a) “Advertise” means the use or dissemination of an advertising by a person that is subject to this act. (b) “Advertising” or “advertisement” means a communication or representation that is disseminated in any manner by any means for the purpose of inducing, or that is likely […]
Section 445.313 – Director of Department of Agriculture and Rural Development; Duties.
445.313 Director of department of agriculture and rural development; duties. Sec. 3. All of the following apply to the director of the department of agriculture and rural development: (a) He or she is responsible for the implementation and administration of sections 7 and 8. (b) He or she shall investigate complaints concerning violations of sections […]
Section 445.314 – Advertisements; Requirements; Guarantee; Notification of Availability of Items; Applicability of Section to Certain Goods.
445.314 Advertisements; requirements; guarantee; notification of availability of items; applicability of section to certain goods. Sec. 4. (1) A person shall not knowingly advertise the availability of a consumer item for sale at retail at a sale or special price, or as being reduced in price by an amount or proportion, unless the advertisement meets […]
Section 445.315 – Untrue, Deceptive, or Misleading Advertisement; “Not First Class” Defined.
445.315 Untrue, deceptive, or misleading advertisement; “not first class” defined. Sec. 5. (1) A person shall not knowingly make, publish, disseminate, circulate, or place before the public an advertisement that contains a statement or representation that is untrue, deceptive, or misleading. (2) A failure to sell goods, merchandise, or commodities in the manner advertised, or […]
Section 445.316 – Exceptions to MCL 445.314 and 445.315.
445.316 Exceptions to MCL 445.314 and 445.315. Sec. 6. Sections 4 and 5 do not apply to an owner, publisher, printer, agent, or employee of a newspaper, a person that publishes any other publication, periodical, or circular, including a circular prepared for national distribution, a person that provides outdoor advertising, or a radio or television […]
Section 445.317 – Display of Total Price of Consumer Item Offered for Sale; Exceptions.
445.317 Display of total price of consumer item offered for sale; exceptions. Sec. 7. (1) Except as otherwise provided in subsection (2), a person shall display the total price of a consumer item offered for sale at retail at the place of the retail sale. (2) Subsection (1) does not apply to any of the […]
Section 445.318 – Charging Higher Price Than Price Displayed on Item; Violation.
445.318 Charging higher price than price displayed on item; violation. Sec. 8. (1) A person shall not knowingly charge or attempt to charge for a consumer item that is subject to section 7 a retail sale price that is higher than the price displayed for that item. (2) It is not a violation of subsection […]
Section 445.319 – Applicability of Section to Certain Sales; Conditions; Loss Suffered by Buyer; Notification; Recovery; Action Brought by Buyer; Section Inapplicable to Seller Intentionally Charging More Than Displayed Price.
445.319 Applicability of section to certain sales; conditions; loss suffered by buyer; notification; recovery; action brought by buyer; section inapplicable to seller intentionally charging more than displayed price. Sec. 9. (1) Except as provided in subsection (4), this section applies to a sale at retail that meets all of the following conditions: (a) There is […]
Section 445.320 – Injunction; Proceeding; Assurance of Discontinuance of Act or Practice; Forwarding of Notice of Violation; Civil Fine; Rules.
445.320 Injunction; proceeding; assurance of discontinuance of act or practice; forwarding of notice of violation; civil fine; rules. Sec. 10. (1) The attorney general may maintain an action to enjoin a continuing violation of this act. If the court finds that the defendant is violating or has violated this act, it shall enjoin the defendant […]
Section 445.321 – Public Consumer Education Program; Purpose; Appropriation; Internet Website.
445.321 Public consumer education program; purpose; appropriation; internet website. Sec. 11. (1) For the fiscal year ending September 30, 2011, $100,000.00 is appropriated from the general fund to the department of attorney general to develop and implement a public consumer education program to provide general information and advice regarding the advertising and pricing requirements of […]
Section 445.322 – Individual or Class Action.
445.322 Individual or class action. Sec. 12. (1) Whether or not a person seeks damages or has an adequate remedy at law, a person may bring an action to do either or both of the following if the attorney general or prosecuting attorney fails to initiate action within 60 days after receiving notice of an […]
Section 445.323 – Investigation by Prosecuting Attorney; Action.
445.323 Investigation by prosecuting attorney; action. Sec. 13. A prosecuting attorney may conduct an investigation under this act and may institute and prosecute an action under this act in the same manner as the attorney general. History: 2011, Act 15, Eff. Sept. 1, 2011
Section 445.324 – Remedies; Enactment of Inconsistent Ordinances or Regulations.
445.324 Remedies; enactment of inconsistent ordinances or regulations. Sec. 14. (1) The remedies provided under this act are the exclusive remedies for violations of section 4, 7, 8, or 9. (2) A city, village, township, or county shall not enact an ordinance or other regulation that is inconsistent with this act or with a rule […]