Mich. Comp. Laws § 445.311
Short title.
This act shall be known and may be cited as the "shopping reform and modernization act".
Michigan Compiled Laws — SHOPPING REFORM AND MODERNIZATION ACT (Act 15 of 2011)
Michigan · statute · 15 of 2011, Mich. Comp. Laws · 14 active provisions
Mich. Comp. Laws § 445.312
Definitions.
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 to induce, directly o…
Mich. Comp. Laws § 445.313
Director of department of agriculture and rural development; duties.
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 7 and 8 and conduct any other investigations he or s…
Mich. Comp. Laws § 445.314
Advertisements; requirements; guarantee; notification of availability of items; applicability of section to certain goods.
(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 all of the following: (a) It includes the dates that item is available at the advertised price, or the qua…
Mich. Comp. Laws § 445.315
Untrue, deceptive, or misleading advertisement; "not first class" defined.
(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 a refusal to sell at the price a…
Mich. Comp. Laws § 445.316
Exceptions to MCL 445.314 and 445.315.
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 station, if that person…
Mich. Comp. Laws § 445.317
Display of total price of consumer item offered for sale; exceptions.
(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 following: (a) A consumer item that is sold by weight or volume and is not in a package or container.…
Mich. Comp. Laws § 445.318
Charging higher price than price displayed on item; violation.
(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 (1) to charge a total price for a consumer item that is subject to section 7 that is less than…
Mich. Comp. Laws § 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.
(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 a price displayed for the consumer item. (b) The sale is recorded by an automatic checkout system. (c) The buyer is given a receipt that describes the item and states the price cha…
Mich. Comp. Laws § 445.320
Injunction; proceeding; assurance of discontinuance of act or practice; forwarding of notice of violation; civil fine; rules.
(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 from continuing that violation. It is not necessary that actual damages to a person are alleged or proved for a court t…
Mich. Comp. Laws § 445.321
Public consumer education program; purpose; appropriation; internet website.
(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 this act and the remedie…
Mich. Comp. Laws § 445.322
Individual or class action.
(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 alleged violation of this act: (a) Obtain a declaratory judg…
Mich. Comp. Laws § 445.323
Investigation by prosecuting attorney; action.
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.
Mich. Comp. Laws § 445.324
Remedies; enactment of inconsistent ordinances or regulations.
(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 promulgated under this act.