Bill Text: MI HB5558 | 2013-2014 | 97th Legislature | Chaptered
Bill Title: Consumer protection; unfair trade practices; application of consumer protection act to unfair trade practices in insurance code; modify. Amends sec. 4 of 1976 PA 331 (MCL 445.904).
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2014-07-16 - Assigned Pa 251'14 [HB5558 Detail]
Download: Michigan-2013-HB5558-Chaptered.html
Act No. 251
Public Acts of 2014
Approved by the Governor
June 21, 2014
Filed with the Secretary of State
June 27, 2014
EFFECTIVE DATE: 91st day after final adjournment of 2014 Regular Session
STATE OF MICHIGAN
97TH LEGISLATURE
REGULAR SESSION OF 2014
Introduced by Reps. Leonard, LaFontaine and Cotter
ENROLLED HOUSE BILL No. 5558
AN ACT to amend 1976 PA 331, entitled “An act to prohibit certain methods, acts, and practices in trade or commerce; to prescribe certain powers and duties; to provide for certain remedies, damages, and penalties; to provide for the promulgation of rules; to provide for certain investigations; and to prescribe penalties,” 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 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 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.
(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:
(a) The banking code of 1999, 1999 PA 276, MCL 487.11101 to 487.15105.
(b) 1939 PA 3, MCL 460.1 to 460.11.
(c) The motor carrier act, 1933 PA 254, MCL 475.1 to 479.43.
(d) The savings bank act, 1996 PA 354, MCL 487.3101 to 487.3804.
(e) The credit union act, 2003 PA 215, MCL 490.101 to 490.601.
(3) 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 chapter 20 of the insurance code of 1956, 1956 PA 218, MCL 500.2001 to 500.2093, if either of the following is met:
(a) The method, act, or practice occurred on or after March 28, 2001.
(b) The method, act, or practice occurred before March 28, 2001. However, this subdivision does not apply to or limit a cause of action filed with a court concerning a method, act, or practice if the cause of action was filed in a court of competent jurisdiction on or before June 5, 2014.
(4) The burden of proving an exemption from this act is upon the person claiming the exemption.
Enacting section 1. This amendatory act is retroactive and is effective March 28, 2001.
Enacting section 2. This amendatory act is curative and intended to prevent any misinterpretation that this act applies to or creates a cause of action for an unfair, unconscionable, or deceptive method, act, or practice occurring before March 28, 2001 that is made unlawful by chapter 20 of the insurance code of 1956, 1956 PA 218, MCL 500.2001 to 500.2093, that may result from the decision of the Michigan supreme court in Converse v Auto Club Group Ins Co, No. 142917, October 26, 2012.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
