June 30, 2005, Introduced by Senator BISHOP and referred to the Committee on Government Operations.
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 or create a
cause of action 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 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 cause of
action
for an 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.
(e) A sales transaction involving a product that is alleged to
be defective and that was covered by an express or implied
warranty, or both, when the consumer filing the action purchased
the product unless the seller of the product expressly
misrepresented to the consumer filing the action a specific quality
or characteristic of the product. If a consumer purchased a product
that was covered by an express or implied warranty, or both, when
the consumer filing the action purchased the product and the
consumer is dissatisfied with the quality or performance of the
product, the consumer may bring an action under any applicable
warranty or other law.
(2) A consumer that brings a cause of action under this act
based on an express misrepresentation described in subsection
(1)(e) in the sale of a defective product must plead with
specificity and particularity facts that, if true, would show that
the seller expressly misrepresented a specific quality or
characteristic of the product and that the consumer filing the
action was deceived by that misrepresentation in purchasing the
product. To prove a cause of action based on an express
misrepresentation described in subsection (1)(e) made in the sale
of a defective product, the consumer filing the action has the
burden of proving that the seller expressly misrepresented a
specific quality or characteristic of the product and that the
consumer was deceived by that misrepresentation in purchasing the
product.
(3) (4)
The burden of proving an exemption from this act
under this section is upon the person claiming the exemption.