Michigan Laws 338.3463 – Contract requirements
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Terms Used In Michigan Laws 338.3463
- Compensation: means money, donations, property, promise of payment, or anything else of value required in exchange for a person's services. See Michigan Laws 338.3453
- Consumer: means an individual who utilizes or seeks to utilize the services of an immigration clerical assistant. See Michigan Laws 338.3453
- Contract: A legal written agreement that becomes binding when signed.
- Immigration clerical assistant: means any individual who provides or offers to provide services, for compensation, relating to any immigration matter. See Michigan Laws 338.3453
- Immigration matter: means any matter affecting the immigrant status, nonimmigrant status, or citizenship status of any individual and includes, but is not limited to, federal or state administrative or court proceedings or the filing of accompanying documents in those proceedings, or both. See Michigan Laws 338.3453
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- Services: means any action taken on behalf of any consumer for the benefit of that consumer or another individual regarding the immigrant status, nonimmigrant status, or citizenship status of any consumer or other individual, and includes, but is not limited to, the following:
(i) Transcribing responses onto government agency forms on behalf of a consumer relating to an immigration matter. See Michigan Laws 338.3453state: 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
(1) An immigration clerical assistant shall enter into a written contract with a consumer before any service is rendered and before accepting any compensation.
(2) A contract described in subsection (1) shall be written in English and shall include a written translation into the primary language understood by the consumer if the consumer is not a native speaker of English. The contract shall embody all the terms and conditions of the agreement to provide services, including, but not limited to, the following:
(a) The name and address of the immigration clerical assistant.
(b) The date and time of the transaction.
(c) A description of the services to be provided and the itemized cost of each service.
(3) An immigration clerical assistant shall not orally amend or supplement a written contract described in subsection (1) and shall not make any statement that contradicts or is inconsistent with the terms of the written contract. A copy of the executed contract shall be provided to the consumer at the time of execution.
(4) A consumer has 72 hours from the execution of a contract described in subsection (1) to rescind the transaction. A notice of the consumer’s right to rescind shall be included in the contract in English and shall be translated with substantially similar meaning into the primary language understood by the consumer in substantially the following form:
“You, the consumer, may cancel this transaction at any time prior to 72 hours following the date and time that this contract is signed by you. You may cancel this transaction, without any penalty or obligation, by writing “CANCEL” across your signature and returning a copy to the immigration clerical assistant or his/her authorized representative.”.
(5) If a transaction is rescinded under subsection (4), the immigration clerical assistant shall promptly return to the person entitled to receive it any deposit, down payment, or other compensation received from or on behalf of the consumer and shall return to the consumer, or the individual upon whose behalf the consumer is acting, all original documents, including notices, letters, approvals, denials, receipts, or other correspondence received on behalf of the consumer in any immigration matter.
(6) A contract described in subsection (1) shall state in a prominent place, in type not smaller than 12-point font, a notice in English that is translated with substantially similar meaning into the primary language understood by the consumer, as follows:
“NOTICE: An immigration clerical assistant is NOT an attorney and is not authorized to provide legal services or offer legal advice of any kind.”.