Michigan Deceptive Trade Practices Laws
Michigan has not adopted the Uniform Deceptive Trade Practices Act. Michigan deceptive trade practices laws are stated in the Michigan Consumer Protection Act (“Act”). Section 445.903 of the Act forbids false advertising. Under Section 445.905 the Attorney General and the prosecuting attorney can bring an action upon receiving notice of a violation, and under Section 445.910 Attorney General can bring a class action. Section 445.911, enables the private person to bring an action.
Remedies available under Sections 445.911 and 445.905 are:
- actual damages, or civil fine of $250 whichever is greater
- and attorney fees,
- civil fine of $25,000 for willful violation.
Section 257.233a of the Motor Vehicles Code prohibits tampering a vehicle’s odometer to misrepresent the miles in the meter. The wrongdoer shall be liable to pay treble damages or $1,500 whichever is greater, with cost and attorney fees.
MCLS § 445.903 reads in part:
“Sec. 3. (1) Unfair, unconscionable, or deceptive methods, acts, or practices in the conduct of trade or commerce are unlawful and are defined as follows:
(a) Causing a probability of confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services.
(b) Using deceptive representations or deceptive designations of geographic origin in connection with goods or services.
(c) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has sponsorship, approval, status, affiliation, or connection that he or she does not have.
(d) Representing that goods are new if they are deteriorated, altered, reconditioned, used, or secondhand.
(e) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another.
(f) Disparaging the goods, services, business, or reputation of another by false or misleading representation of fact.
(g) Advertising or representing goods or services with intent not to dispose of those goods or services as advertised or represented.
(h) Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity in immediate conjunction with the advertised goods or services.
(i) Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions.
(j) Representing that a part, replacement, or repair service is needed when it is not.
(k) Representing to a party to whom goods or services are supplied that the goods or services are being supplied in response to a request made by or on behalf of the party, when they are not.”