Michigan Laws 445.319 – Applicability of section to certain sales; conditions; loss suffered by buyer; notification; recovery; action brought by buyer; section inapplicable to seller intentionally charging more than displaye
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Terms Used In Michigan Laws 445.319
- Automatic checkout system: means an electronic device, computer, or machine that determines the price of a consumer item by using a product identity code. See Michigan Laws 445.312
- Consumer item: means an article of tangible personal property used or consumed, or bought for use or consumption, primarily for personal, family, or household purposes. See Michigan Laws 445.312
- 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.
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Person: means an individual, corporation, limited liability company, partnership, association, or other legal entity. See Michigan Laws 445.312
- Sale at retail: means a transfer of an interest in a consumer item by a person that is regularly and principally engaged in the business of selling consumer items to a buyer for use or consumption and not for resale. See Michigan Laws 445.312
(1) Except as provided in subsection (4), this section applies to a sale at retail that meets all of the following conditions:
(a) There is a price displayed for the consumer item.
(b) The sale is recorded by an automatic checkout system.
(c) The buyer is given a receipt that describes the item and states the price charged for the item.
(2) Before bringing or joining in an action under section 12(2), within 30 days after purchasing a consumer item, a buyer who suffers loss because the price charged for the item is more than the price displayed for that item shall notify the seller in person or in writing that the price charged is more than the price displayed for that item. The notice shall include evidence of the loss suffered by the buyer. If the seller pays the buyer 1 of the following amounts within 2 days after the seller receives notification under this subsection, the buyer is barred from any further recovery for that loss:
(a) Unless subdivision (b) applies, an amount equal to the difference between the price displayed and the price charged for the consumer item, plus an amount equal to 10 times that difference but that is not less than $1.00 or more than $5.00.
(b) If a loss is suffered by a buyer on 2 or more identical consumer items in a single transaction, an amount equal to the difference between the price displayed and the price charged for each of those identical items, plus an amount equal to 10 times that difference for 1 of the identical items but that is not less than $1.00 or more than $5.00.
(3) If a seller does not pay a buyer who suffers a loss described in subsection (2) the amount described in that subsection for that loss, the buyer may bring or join in an action against the seller under section 12(2).
(4) This section does not apply to a sale at retail in which the seller intentionally charges more for a consumer item than the price displayed for the item.