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MI SB0127
Bill
Status
1/31/2013
Primary Sponsor
Gretchen Whitmer
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AI Summary
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Expands Michigan Consumer Protection Act to apply to any unfair, unconscionable, or deceptive method, act, or practice, creating a cause of action against companies engaging in such conduct.
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Exempts methods, acts, or practices expressly permitted by state or federal statute, rule, or regulation from the act's application.
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Exempts publishers, owners, agents, or employees of newspapers, periodicals, directories, radio or television stations, and other communications media from liability for publishing advertisements unless they knew or should have known the advertisement was false, misleading, or deceptive, or had direct financial interest in the advertised goods or services.
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Exempts unfair, unconscionable, or deceptive practices made unlawful by the Banking Code of 1999, 1939 PA 3, Motor Carrier Act of 1933, Savings Bank Act of 1996, Credit Union Act of 2003, and Chapter 20 of the Insurance Code of 1956 from creating a separate cause of action under this act, except for actions filed under section 11.
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Shifts burden of proof to companies claiming exemptions under the act to demonstrate that their conduct falls within an exception or exemption; defines "company" as any person engaged in trade or commerce whose profession, occupation, conduct, or transactions are regulated by state or federal statute, rule, or regulation.
Legislative Description
Consumer protection; unfair trade practices; application of Michigan consumer protection act to actions expressly permitted by law; clarify. Amends sec. 4 of 1976 PA 331 (MCL 445.904).
Consumer protection, unfair trade practices
Last Action
Referred To Committee On Regulatory Reform
1/31/2013