Bill Text: MI SB0127 | 2013-2014 | 97th Legislature | Introduced
Bill Title: 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).
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2013-01-31 - Referred To Committee On Regulatory Reform [SB0127 Detail]
Download: Michigan-2013-SB0127-Introduced.html
SENATE BILL No. 127
January 31, 2013, Introduced by Senators WHITMER, ANDERSON, HOPGOOD, SMITH, BIEDA, YOUNG, JOHNSON, GREGORY, HOOD, HUNTER and WARREN and referred to the Committee on Regulatory Reform.
A bill to amend 1976 PA 331, entitled
"Michigan consumer protection act,"
by amending section 4 (MCL 445.904), as amended by 2003 PA 216.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
4. (1) This act does not apply to either applies to any
unfair, unconscionable, or deceptive method, act, or practice and
creates a cause of action against a company that engages in that
method, act, or practice, except for any of the following:
(a)
A transaction or conduct specifically authorized under
laws
administered by a regulatory board or officer acting under
statutory
authority method, act, or
practice that is expressly
permitted by a statute, rule, or regulation of this state or the
United States.
(b)
An act done by the a publisher, owner, agent, or employee
of a newspaper, periodical, directory, radio or television station,
or other communications medium in the publication or dissemination
of an advertisement unless the publisher, owner, agent, or employee
knows or, under the circumstances, reasonably should know of the
false, misleading, or deceptive character of the advertisement or
has a direct financial interest in the sale or distribution of the
advertised goods, property, or service.
(c) (2)
Except for the purposes of an action filed by a person
under
section 11, this act does not apply to or create a cause of
action
for an unfair, unconscionable, or
deceptive method, act, or
practice that is made unlawful by any of the following:
(i) (a)
The banking code of 1999, 1999 PA 276, MCL 487.11101 to
487.15105.
(ii) (b)
1939 PA 3, MCL 460.1 to 460.10cc.
(iii) (c)
The motor carrier act, 1933 PA 254, MCL 475.1 to
479.43.
(iv) (d)
The savings bank act, 1996 PA 354, MCL 487.3101 to
487.3804.
(v) (e)
The credit union act, 2003 PA
215, MCL 490.101 to
490.601.
(d) (3) This act does not apply to or create a A cause
of
action for an unfair, unconscionable, or deceptive method, act, or
practice that is made unlawful by chapter 20 of the insurance code
of 1956, 1956 PA 218, MCL 500.2001 to 500.2093.
(4)
The burden of proving an exemption from this act is upon
the
person claiming the exemption.
(2) A person that claims this act does not apply to a method,
act, or practice because of an exception to subsection (1) or any
other exemption from this act bears the burden of proving that
exception or exemption.
(3) As used in this section, "company" means a person engaged
in trade or commerce, including, but not limited to, a person whose
profession, occupation, conduct, or transactions are regulated by a
statute, rule, or regulation of this state or the United States.
