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.