Michigan Laws 445.1824 – Actions by attorney general, county prosecutor, or buyer; limitation; other legal remedies not limited or prohibited
Current as of: 2024 | Check for updates
|
Other versions
(1) Except as provided in subsection (2), the attorney general, a county prosecutor, or a buyer may bring an action to do 1 or more of the following:
(a) Enjoin a person who is engaged or is about to engage in a method, act, or practice that violates this act.
Terms Used In Michigan Laws 445.1824
- Buyer: means a person who is solicited to purchase or who purchases the services of a credit services organization. See Michigan Laws 445.1822
- Contract: A legal written agreement that becomes binding when signed.
- Credit services organization: means , except as otherwise provided in subdivision (c), a person who, in return for consideration, attempts to sell, provide, or perform 1 or more of the following:
(i) The improvement of a person's credit record, history, or rating. See Michigan Laws 445.1822Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Person: means an individual, partnership, corporation, limited liability company, association, or other legal entity. See Michigan Laws 445.1822
(b) Obtain a declaratory judgment that a method, act, or practice violates this act.
(c) Recover actual damages consisting of an amount not less than the amount paid by the buyer to the credit services organization, plus reasonable attorney fees and court costs. The court may also award the buyer any punitive damages that it considers proper.
(2) A person shall not bring an action under this act more than 4 years after the date of execution of the contract for services to which the action relates.
(3) In an action under this act, the burden of proving an exemption under section 2(c) is on the person claiming the exemption.
(4) This act does not limit or prohibit any other legal remedy available to the attorney general, a county prosecutor, or a buyer.