HB-5558, As Passed House, June 12, 2014HB-5558, As Passed Senate, June 12, 2014

HOUSE BILL No. 5558

May 8, 2014, Introduced by Reps. Leonard, LaFontaine and Cotter and referred to the Committee on Judiciary.

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 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

House Bill No. 5558 as amended June 5, 2014

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 ~~460.10cc.~~460.11.

(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 ARE

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