June 29, 2006, Introduced by Reps. Mayes, Tobocman, Gillard, Cushingberry, Bieda, Condino, Dillon and Adamini and referred to the Committee on Judiciary.
A bill to amend 1976 PA 449, entitled
"An act to regulate the pricing of consumer items and the
advertising of consumer items, services, goods, merchandise,
commodities, and real property; to prescribe the powers and duties
of certain state and local officials in relation thereto; to
provide remedies and penalties; and to repeal certain acts and
parts of acts,"
by amending section 10 (MCL 445.360), as amended by 1984 PA 344.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10. (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 judgment that a practice is in
violation of this act.
(b) Enjoin by temporary or permanent injunction a person who
is engaging or is about to engage in a practice in violation of
this act.
(2) Except as provided in section 10a, a person who suffers
loss as a result of a violation of this act may bring an individual
or a class action to recover actual damages or $250.00, whichever
is
greater, for each day on which violations of this act have
been
are
found together with and reasonable attorneys'
attorney fees
not
to exceed $300.00 in an individual action.