August 13, 2003, Introduced by Reps. Hood, Byrum, Hunter, Condino, Accavitti, Cheeks, Dennis, Woodward, Gieleghem, Smith and Daniels and referred to the Committee on Insurance.
A bill to amend 1976 PA 331, entitled
"Michigan consumer protection act,"
by amending section 4 (MCL 445.904), as amended by 2000 PA 432.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 4. (1) This act
does not apply to either applies to
2 any unfair, unconscionable, or deceptive method, act, or practice
3 and creates a cause of action against a company who engages in
4 that method, act, or practice, except for any of the following:
5 (a) A transaction
or conduct specifically authorized under
6 laws administered by a
regulatory board or officer acting under
7 statutory authority method, act, or practice that is expressly
8 permitted by a statute, rule, or regulation of this state or the
9 United States.
10 (b) An act done by the
a publisher, owner, agent, or
11 employee of a newspaper, periodical, directory, radio or
1 television station, or other communications medium in the
2 publication or dissemination of an advertisement unless the
3 publisher, owner, agent, or employee knows or, under the
4 circumstances, reasonably should know of the false, misleading,
5 or deceptive character of the advertisement or has a direct
6 financial interest in the sale or distribution of the advertised
7 goods, property, or service.
8 (c) (2) Except
for the purposes of an action filed by a
9 person under section 11, this
act does not apply to or create a
10 cause of action for an unfair, unconscionable, or deceptive
11 method, act, or practice that is made unlawful by any of the
12 following:
13 (i) (a) The
banking code of 1999, 1999 PA 276,
14 MCL 487.11101 to 487.15105.
15 (ii) (b) 1939
PA 3, MCL 460.1 to 460.10cc.
16 (iii) (c) The
motor carrier act, 1933 PA 254, MCL 475.1 to
17 479.43.
18 (iv) (d) The
savings bank act, 1996 PA 354, MCL 487.3101 to
19 487.3804.
20 (v) (e) 1925
PA 285, MCL 490.1 to 490.31.
21 (3) This act does
not apply to or create a cause of action
22 for an unfair,
unconscionable, or deceptive method, act, or
23 practice that is made
unlawful by chapter 20 of the insurance
24 code of 1956, 1956 PA
218, MCL 500.2001 to 500.2093.
25 (4) The burden of
proving an exemption from this act is upon
26 the person claiming
the exemption.
27 (2) A person who claims this act does not apply to a method,
1 act, or practice because of an exception to subsection (1) or any
2 other exemption from this act bears the burden of proving that
3 exception or exemption.
4 (3) As used in this section, "company" means a person engaged
5 in trade or commerce, including, but not limited to, a person
6 whose profession, occupation, conduct, or transactions are
7 regulated by a statute, rule, or regulation of this state or the
8 United States.