June 21, 2005, Introduced by Reps. Lipsey, Lemmons, III, Lemmons, Jr., Leland, Kolb, Alma Smith, Farrah, Condino, Hood, Kathleen Law, Adamini, Anderson, Williams, Gaffney, Stewart, Schuitmaker, Whitmer, Murphy, Plakas, Gillard, Accavitti and Byrnes and referred to the Committee on Commerce.
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 who 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 who 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.