Michigan § 445.904 Exemptions; burden of proof.

Michigan Statutes

§ 445.904 — Exemptions; burden of proof.

Michigan § 445.904

Ch. 445TRADE AND COMMERCE

Act 331 of 1976MICHIGAN CONSUMER PROTECTION ACT (445.901-445.922)

This text of Michigan § 445.904 (Exemptions; burden of proof.) is published on Counsel Stack Legal Research, covering Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mich. Comp. Laws § 445.904 (2026).

Text

MICHIGAN CONSUMER PROTECTION ACT (EXCERPT) Act 331 of 1976 445.904 Exemptions; burden of proof. 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 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

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MICHIGAN CONSUMER PROTECTION ACT (EXCERPT) Act 331 of 1976 445.904 Exemptions; burden of proof. 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 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 460.11. (c) The motor carrier act, 1933 PA 254, MCL 475.1 to 479.43. (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 is 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.

Legislative History

1976, Act 331, Eff. Apr. 1, 1977 ;-- Am. 1993, Act 10, Imd. Eff. Mar. 31, 1993 ;-- Am. 2000, Act 432 , Eff. Mar. 28, 2001 ;-- Am. 2003, Act 216 , Imd. Eff. Dec. 2, 2003 ;-- Am. 2014, Act 251 , Eff. Mar. 31, 2015 Compiler's Notes: Enacting section 1 of Act 251 of 2014 provides:"Enacting section 1. This amendatory act is retroactive and is effective March 28, 2001."Enacting section 2 of Act 251 of 2014 provides:"Enacting section 2. This amendatory act is curative and intended to prevent any misinterpretation that this act applies to or creates a cause of action for an unfair, unconscionable, or deceptive method, act, or practice occurring before March 28, 2001 that is made unlawful by chapter 20 of the insurance code of 1956, 1956 PA 218, MCL 500.2001 to 500.2093, that may result from the decision of the Michigan supreme court in Converse v Auto Club Group Ins Co, No. 142917, October 26, 2012. "