Consumer Law


Table of Contents

  1. Consumer Law - Michigan Consumer Protection Act
  2. Methods, Acts and Practices that violate the Consumer Protection Act
  3. Price Scanners and item pricing protection
  4. Valuable Consumer Links

Consumer Law - Michigan Consumer Protection Act

There are many consumer laws at the federal and state level that are designed to help consumers. These include Automobile Lemon Laws that apply to purchases (not leases) of vehicles, odometer laws that prohibit tampering, warranty laws, cancellation of home solicitation sales, rental and security deposit laws and others.

Consumers in the state of Michigan are fortunate to have The Michigan Consumer Protection Act available to them. This act codifies and arguably extends consumer protection in many areas. In addition it provides for an award of attorney fees and a minimum damage award in cases.

The act is designed to protect consumers. Even if the amount consumers are defrauded out of is only a few dollars if they are successful under the act they are entitled to at least two hundred and fifty dollars in damages. Section 3 of the Michigan Consumer Protection Act lists certain methods , acts and practices that violate the act. The actual act is found at MCL 445.901 et. seq.

The Michigan Consumer Protection Act does not apply to all businesses nor situations. To determine your rights under the act you should consult with an experienced attorney.

Ordinarily attorneys would be reluctant to handle cases involving small damages. The Consumer Protection Act encourages attorney participation because the act has a provision which provides for an award of reasonable attorney fees if a violation of the act is proven.

The Attorney General is empowered to take action under the act. In fact when a consumer files a complaint the clerk of the court must forward one to the Attorney General. Consumers can also complain directly to the Michigan Attorney General.

If you have a question regarding a legal matter in the state of
Michigan contact AAAA Legal Center by Phone or E-Mail

MAIL US
(E-Mail transmissions are not confidential)


Methods , Acts and Practices that violate the Michigan Consumer Protection Act.

(1) Unfair, unconscionable, or deceptive methods, acts or practices in the conduct of trade or commerce are unlawful and are defined as follows:

(a) Causing a probability of confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services.

(b) Using deceptive representations or deceptive designations of geographic origin in connection with goods or services.

(c) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have or that a person has sponsorship, approval, status, affiliation, or connection which he or she does not have.

(d) Representing that goods are new if they are deteriorated, altered, reconditioned, used, or secondhand.

(e) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another.

(f) Disparaging the goods, services, business, or reputation of another by false or misleading representation of fact.

(g) Advertising or representing goods or services with intent not to dispose of those goods or services as advertised or represented.

(h) Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity in immediate conjunction with the advertised goods or services.

(i) Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of, price reductions.

(j) Representing that a part, replacement, or repair service is needed when it is not.

(k) Representing to a party to whom goods or services are supplied that the goods or services are being supplied in response to a request made by or on behalf of the party, when they are not.

(l) Misrepresenting that because of some defect in a consumer's home the health, safety, or lives of the consumer or his or her family are in danger if the product or services are not purchased, when in fact the defect does not exist or the product or services would not remove the danger.

(m) Causing a probability of confusion or of misunderstanding with respect to the authority of a salesperson, representative, or agent to negotiate the final terms of a transaction.

(n) Causing a probability of confusion or of misunderstanding as to the legal rights, obligations, or remedies of a party to a transaction.

(o) Causing a probability of confusion or of misunderstanding as to the terms or conditions of credit if credit is extended in a transaction.

(p) Disclaiming or limiting the implied warranty of merchantability and fitness for use, unless a disclaimer is clearly and conspicuously disclosed.

(q) Representing or implying that the subject of a consumer transaction will be provided promptly, or at a specified time, or within a reasonable time, if the merchant knows or has reason to know it will not be so provided.

(r) Representing that a consumer will receive goods or services "free", "without charge", or words of similar import without clearly and conspicuously disclosing with equal prominence in immediate conjunction with the use of those words the conditions, terms, or prerequisites to the use or retention of the goods or services advertised.

(s) Failing to reveal a material fact, the omission of which tends to mislead or deceive the consumer, and which fact could not reasonably be known by the consumer.

(t) Entering into a consumer transaction in which the consumer waives or purports to waive a right, benefit, or immunity provided by law, unless the waiver is clearly stated and the consumer has specifically consented to it.

(u) Failing, in a consumer transaction which is rescinded, canceled, or otherwise terminated in accordance with the terms of an agreement, advertisement, representation, or provision of law, to promptly restore to the person or persons entitled thereto any deposit, down payment, or other payment, or in the case of property traded in but not available, the greater of the agreed value or the fair market value of the property, or to cancel within a specified time or an otherwise reasonable time an acquired security interest.

(v) Taking or arranging for the consumer to sign an acknowledgment, certificate, or other writing affirming acceptance, delivery, compliance with a requirement of law, or other performance, if the merchant knows or has reason to know that the statement is not true.

(w) Representing that a consumer will receive a rebate, discount, or other benefit as an inducement for entering into a transaction, if the benefit is contingent on an event to occur subsequent to the consummation of the transaction.

(x) Taking advantage of the consumer's inability reasonably to protect his or her interests by reason of disability, illiteracy, or inability to understand the language of an agreement presented by the other party to the transaction who knows or reasonably should know of the consumer's inability.

(y) Gross discrepancies between the oral representations of the seller and the written agreement covering the same transaction or failure of the other party to the transaction to provide the promised benefits.

(z) Charging the consumer a price that is grossly in excess of the price at which similar property or services are sold.

(aa) Causing coercion and duress as the result of the time and nature of a sales presentation.

(bb) Making a representation of fact or statement of fact material to the transaction such that a person reasonably believes the represented or suggested state of affairs to be other than it actually is.

(cc) Failing to reveal facts that are material to the transaction in light of representations of fact made in a positive manner.

(dd) Subject to subdivision (ee), representations by the manufacturer of a product or package that the product or package is any of the following:

(i) Except as provided in subparagraph (ii), recycled, recyclable, degradable, or is of a certain recycled content, in violation of guidelines regarding environmental guides for the use of environmental marketing claims published by the federal trade commission, 16 C.F.R. part 260, P 36363 (August 13, 1992).

(ii) For container holding devices regulated pursuant to Act No. 145 of the Public Acts of 1988, being sections 445.581 to 445.584 of the Michigan Compiled Laws, representations by a manufacturer that the container holding device is degradable contrary to the definition provided in that act.

(ee) Representing that a product or package is degradable, biodegradable, or photodegradable unless it can be substantiated by evidence that the product or package will completely decompose into elements found in nature within a reasonably short period of time after consumers use the product and dispose of the product or the package in a landfill or composting facility, as appropriate.

If you have a question regarding a legal matter in the state of
Michigan contact AAAA Legal Center by Phone or E-Mail

MAIL US
(E-Mail transmissions are not confidential)

 


Price scanners and item pricing protection

If you are overcharged by an automatic checkout system (even if not a scanner) and.,

1. There is a price on the item;

2. The sale is recorded by an automatic checkout system, and;

3. You have a receipt which identifies the item and indicates the price charged.

Your rights are:

If within 30 days you notify the seller of the overcharge, then within 2 days you are entitled to the amount of the difference, plus ten times the amount of the difference, with a minimum recovery of $1.00 and a maximum of $5.00. If you are overcharged for more than one identical item, you are entitled to the amount of the difference for each item, plus a $1.00-$5.00 recovery on one item.

TO FILE A COMPLAINT WRITE:

Attorney General
Consumer Protection Division
P.O. Box 30212
Lansing, MI 48909

If you have a question regarding Consumer Law or any other legal matter in the state of Michigan contact AAAA Legal Center and I will be glad to discuss it with you by phone without charge.

If you have a question regarding a legal matter in the state of
Michigan contact AAAA Legal Center by Phone or E-Mail

MAIL US
(E-Mail transmissions are not confidential)

 


Copyright 2001, 2002
Last modified: February 11, 2010