Michigan Laws 256.687 – Deceptive or unconscionable methods, acts, or practices
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Terms Used In Michigan Laws 256.687
- Driver education provider certificate: means a written or electronic authorization issued by the secretary of state to indicate that a person has met the driver education provider qualifications of this act. See Michigan Laws 256.625
- Educational institution: means a public school, nonpublic school, or public school academy as those terms are defined in section 5 of the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 256.625
- Governmental agency: means an agency of the federal government, a state government, a county, city, village, or township, or a combination of any of these entities. See Michigan Laws 256.625
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: means an individual, partnership, corporation, association, limited liability company, educational institution, governmental agency or other legal or commercial entity, and their legal successors. See Michigan Laws 256.627
- provider: means a person that meets the requirements in subparagraph (i), if not excluded under subparagraph (ii), as follows:
(i) Maintains or obtains the facilities and certified instructors to give instruction in the driving of a motor vehicle or maintains or obtains the facilities and certified instructors to prepare an applicant for an exam given by the secretary of state for a license as defined in section 25 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 256.625state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
A driver education provider or instructor shall not engage in a deceptive or unconscionable method, act, or practice. The following are deceptive or unconscionable methods, acts, or practices:
(a) Using, adopting, or conducting business under a name that is the same as, like, or deceptively similar to, the name of another driver education provider.
(b) Except as otherwise provided in this subsection, using the word “state”, “government”, “municipal”, “city”, or “county” as part of the name of the driver education provider. This provision does not apply to an educational institution or a governmental agency.
(c) Advertising, representing, or implying that a driver education provider is supervised, recommended, or endorsed by, or affiliated or associated with, or employed by, or an agent or representative of this state, the secretary of state, or a bureau of the secretary of state.
(d) Advertising or publicizing under a name other than the provider’s full business name as identified on the provider’s application for a driver education provider certificate.
(e) Advertising that the provider is open for business before the secretary of state issues a driver education provider certificate to the provider.
(f) Soliciting business on the premises of any facility rented, leased, owned, or used by the secretary of state.
(g) Misrepresenting the quantity or quality of the instruction provided or the requirements for a driver license, endorsement, minor restricted or temporary permit, or driver education certificate.
(h) Failing to promptly restore any deposit, down payment, or other payment that a person is entitled to after an agreement is rescinded, canceled, or otherwise terminated as required under the agreement or applicable law.
(i) Taking advantage of a student’s or potential student’s inability to reasonably protect his or her interest because of a disability, illiteracy, or inability to understand the language of an agreement, if the driver education provider knows or reasonably should have known of the student’s or potential student’s inability.
(j) Failing to honor a term of a student’s, parent’s, or legal guardian‘s agreement.
(k) Falsifying a document, agreement, record, report, or certificate required under this act or a rule promulgated under this act.
(l) Causing or allowing a student, parent, or legal guardian to sign a document in blank.