Michigan Laws 445.903n – Definitions for MCL 445.903o
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 445.903n
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Person: means an individual, corporation, limited liability company, trust, partnership, incorporated or unincorporated association, or other legal entity. See Michigan Laws 445.902
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- state: 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
- Trade or commerce: means the conduct of a business providing goods, property, or service primarily for personal, family, or household purposes and includes the advertising, solicitation, offering for sale or rent, sale, lease, or distribution of a service or property, tangible or intangible, real, personal, or mixed, or any other article, or a business opportunity. See Michigan Laws 445.902
As used in section 3o:
(a) “Consumer product” means any tangible personal property that is distributed in trade or commerce and that is normally used for personal, family, or household purposes regardless of whether the property is attached to or installed in, or intended to be attached to or installed in, real property.
(b) “High-volume third-party seller” means a participant on an online marketplace’s platform that is a third-party seller and that, in any continuous 12-month period during the previous 24 months, has entered into 200 or more discrete sales or transactions of new or unused consumer products through the online marketplace, and for which payment was processed by the online marketplace, either directly or through its payment processor, with an aggregate total of $5,000.00 or more in gross revenues.
(c) “Online marketplace” means a person that operates a consumer-directed electronically based or accessed platform that meets all of the following criteria:
(i) It includes features that allow for, facilitate, or enable third-party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in this state.
(ii) It is used by 1 or more third-party sellers for the purposes in subparagraph (i).
(iii) It has a contractual or similar relationship with consumers governing their use of the platform to purchase consumer products.
(d) “Political subdivision” means a county, city, village, township, or other political subdivision, public corporation, authority, or district in this state.
(e) “Seller” means a person that sells, offers to sell, or contracts to sell a consumer product through an online marketplace platform. Seller does not include a new motor vehicle dealer licensed under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.
(f) “Third-party seller” means a seller that is independent of an online marketplace and that sells, offers to sell, or contracts to sell a consumer product in this state through an online marketplace’s platform. Third-party seller does not include either of the following:
(i) A seller that operates the online marketplace’s platform.
(ii) A business entity to which all of the following apply:
(A) It has made available to the general public the entity’s name, business address, and working contact information.
(B) It has an ongoing contractual relationship with the online marketplace to provide the online marketplace with the manufacture, distribution, wholesaling, or fulfillment of shipments of consumer products.
(C) It has provided to the online marketplace identifying information, as described in section 3o(1), that has been verified in accordance with section 3o(4).
(g) “Verify” means to confirm information provided to an online marketplace under section 3o(1). Verify may include the use of 1 or more methods that enable the online marketplace to reliably determine that any information and documents provided are valid, correspond to the seller or an individual acting on the seller’s behalf, are not misappropriated, and are not falsified.