Michigan Laws 338.3471 – Violations; penalties; exemption
Current as of: 2023 | Check for updates
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Attorney's Note
Under the Michigan Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| G | up to 2 years |
Terms Used In Michigan Laws 338.3471
- Consumer: means an individual who utilizes or seeks to utilize the services of an immigration clerical assistant. See Michigan Laws 338.3453
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- Plaintiff: The person who files the complaint in a civil lawsuit.
(1) A person that violates this act is guilty of the following:
(a) In the case of a first conviction, a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $1,000.00, or both.
(b) In the case of a second or subsequent conviction, a felony punishable by imprisonment for not more than 2 years or a fine of not more than $10,000.00, or both.
(2) A person that is injured by a violation of this act by an immigration clerical assistant may bring an action in a court of competent jurisdiction for equitable relief or damages, or both. In an action for damages, the court shall award a prevailing plaintiff the amount of actual damages, or, if the court finds that the violation was willful, 3 times the plaintiff’s actual damages. The court shall also grant a prevailing plaintiff reasonable attorney fees and costs.
(3) A person that, on information and belief, claims a violation of this act has been committed by an immigration clerical assistant may bring an action in a court of competent jurisdiction for equitable relief on behalf of the general public. The court shall award a prevailing plaintiff reasonable attorney fees and costs.
(4) The remedies and penalties in this act are cumulative and use of 1 remedy under this act does not bar the use of any remedy allowed under the Michigan consumer protection act, 1976 PA 331, MCL 445.901 to 445.922, or the use of any other remedy allowed under law.
(5) An immigration clerical assistant that is acting on behalf of a tax-exempt nonprofit organization under section 501(c)(3) of the internal revenue code of 1986 that complies with the service charge requirements of section 11, or an employee or volunteer of such an organization, is exempt from this section.