Michigan Laws 445.1681 – Action to obtain declaratory judgment, injunction, or actual damages; limitation
Current as of: 2024 | Check for updates
|
Other versions
(1) Whether or not a person seeks damages or has an adequate remedy at law, any person, prosecutor, or the attorney general may bring an action, including a class action, to do any of the following:
(a) Obtain a declaratory judgment that a method, act, or practice is a violation of this act.
Terms Used In Michigan Laws 445.1681
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Licensee: means a person licensed or required to be licensed under this act. See Michigan Laws 445.1651a
- Person: means an individual, corporation, limited liability company, partnership, association, governmental entity, or any other legal entity. See Michigan Laws 445.1651a
- Registrant: means a person that is registered under section 6 or required to register under section 6. See Michigan Laws 445.1651a
(b) Obtain an injunction against a person who is engaging in or is about to engage in a method, act, or practice that violates this act.
(c) Except as limited by subsection (2), recover actual damages resulting from a violation of this act, or $250.00, whichever is greater, together with reasonable attorney fees and the costs of bringing the action.
(2) If the licensee or registrant establishes by a preponderance of the evidence that the failure to comply with the act was not willful, intentional, or the result of gross or wanton negligence, the amount recovered pursuant to subsection (1)(c) shall not exceed actual damages.