Michigan Laws > Chapter 445 > Act 160 of 1994 – Credit Services Protection Act


§ 445.1821	Short title
§ 445.1822	Definitions
§ 445.1823	Prohibited conduct
§ 445.1824	Actions by attorney general, county prosecutor, or buyer; limitation; other legal remedies not limited or prohibited
§ 445.1825	Violation as misdemeanor; penalty; separate offense; recovery of fees or other charges
§ 445.1826	Repeal of MCL 445.1701 to 445.1708

Terms Used In Michigan Laws > Chapter 445 > Act 160 of 1994 - Credit Services Protection Act

Accommodations: means the room or other space provided for sleeping, including furnishings and other accessories therein. See Michigan Laws 141.861
Administrator: means the official designated by the county to collect the tax and to administer and enforce the ordinance. See Michigan Laws 141.861
Agent: includes , but is not limited to, an attorney-in-fact under a durable or nondurable power of attorney and an individual authorized to make decisions as a patient advocate concerning another's health care. See Michigan Laws 700.1103
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Application: means a written request to the probate register for an order of informal probate or informal appointment under part 3 of article III. See Michigan Laws 700.1103
Appraisal: A determination of property value.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Arrest: Taking physical custody of a person by lawful authority.
Assessment: means the amount levied against an owner of a transient facility within an assessment district, computed by application of the applicable percentage against aggregate room charges with respect to that transient facility during the applicable assessment period. See Michigan Laws 141.872
Assessment district: means a municipality or combination of municipalities as described in a marketing program. See Michigan Laws 141.872
Assessment revenues: means the money derived from the assessment, including any interest and penalties on the assessment, imposed by this act. See Michigan Laws 141.872
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attorney: means , if appointed to represent a child under the provisions referenced in section 5213, an attorney serving as the child's legal advocate in the manner defined and described in section 13a of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A. See Michigan Laws 700.1103
Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Board: means the board of directors elected by the members of a bureau. See Michigan Laws 141.872
Bureau: means a nonprofit corporation existing to promote convention business or tourism within this state or a portion of this state. See Michigan Laws 141.872
Buyer: means a person who is solicited to purchase or who purchases the services of a credit services organization. See Michigan Laws 445.1822
Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
Child: means an individual less than 14 years of age. See Michigan Laws 330.1260
Child: includes , but is not limited to, an individual entitled to take as a child under this act by intestate succession from the parent whose relationship is involved. See Michigan Laws 700.1103
Claim: includes , but is not limited to, in respect to a decedent's or protected individual's estate, a liability of the decedent or protected individual, whether arising in contract, tort, or otherwise, and a liability of the estate that arises at or after the decedent's death or after a conservator's appointment, including funeral and burial expenses and costs and expenses of administration. See Michigan Laws 700.1103
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Conservator: means a person appointed by a court to manage a protected individual's estate. See Michigan Laws 700.1103
Contract: A legal written agreement that becomes binding when signed.
Convention and entertainment facilities: means all or any part, or any combination of convention halls, auditoriums, stadiums, music halls, arenas, meeting rooms, exhibit areas, and related public areas. See Michigan Laws 141.861
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.
Court: means the probate court for the county in which an individual, for whom a request for substance use disorder treatment and rehabilitation services has been made or a petition for involuntary treatment has been filed, either resides or is found. See Michigan Laws 330.1260
Court: means the probate court or, when applicable, the family division of circuit court. See Michigan Laws 700.1103
Credit services organization: means , except as otherwise provided in subdivision (c), a person who, in return for consideration, attempts to sell, provide, or perform 1 or more of the following:

(i) The improvement of a person's credit record, history, or rating. See Michigan Laws 445.1822

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

Decedent: A deceased person.

Deed: The legal instrument used to transfer title in real property from one person to another.

Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

Dependent: A person dependent for support upon another.

Depository library: means a depository library designated under section 10 of the library of Michigan act, 1982 PA 540, MCL 397. See Michigan Laws 141.422d

Director: means the president of the Michigan strategic fund or his or her designee. See Michigan Laws 141.872

Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.

Distributee: means a person that receives a decedent's property from the decedent's personal representative or trust property from the trustee other than as a creditor or purchaser. See Michigan Laws 700.1103

Distribution: means the amount of money a county receives under section 4 and 5. See Michigan Laws 141.472

Do-not-resuscitate order: means that term as defined in section 2 of the Michigan do-not-resuscitate procedure act, 1996 PA 193, MCL 333. See Michigan Laws 700.1103

Donee: The recipient of a gift.

Donor: The person who makes a gift.

Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this act as the property is originally constituted and as it exists throughout administration. See Michigan Laws 700.1104

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.

Extension of credit: means the right to defer payment of debt or to incur debt. See Michigan Laws 445.1822

Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}

Fiduciary: includes , but is not limited to, a personal representative, funeral representative, guardian, conservator, trustee, plenary guardian, partial guardian, and successor fiduciary. See Michigan Laws 700.1104

Fiduciary: A trustee, executor, or administrator.

Financial institution: means an organization authorized to do business under state or federal laws relating to a financial institution and includes, but is not limited to, a bank, trust company, savings bank, building and loan association, savings and loan company or association, credit union, insurance company, and entity that offers mutual fund, securities brokerage, money market, or retail investment accounts. See Michigan Laws 700.1104

Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.

Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}

Foreign personal representative: means a personal representative appointed by another jurisdiction. See Michigan Laws 700.1104

Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}

Fund: means a budget stabilization fund. See Michigan Laws 141.441

Fund: means the health and safety fund created in section 3. See Michigan Laws 141.472

Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}

Guardian: means a person who has qualified as a guardian of a minor or a legally incapacitated individual under a parental or spousal nomination or a court appointment and includes a limited guardian as described in sections 5205, 5206, and 5306. See Michigan Laws 700.1104

Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

Health professional: means an individual licensed or otherwise authorized to engage in a health profession under article 15 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 330.1260

Hospital: means a hospital licensed under part 215 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 330.1260

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

Incapacitated individual: means an individual who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions. See Michigan Laws 700.1105

Issue: means an individual's descendant. See Michigan Laws 700.1105

Jail facility: means a jail, holding cell, holding center, or lockup as those terms are defined in section 62 of Act No. See Michigan Laws 141.472

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.

Juvenile facility: means a county facility or an institution operated as an agency of the county or the juvenile division of the probate court for the housing or detention of juveniles. See Michigan Laws 141.472

Lawyer-guardian ad litem: means an attorney appointed under section 5213 or 5219 who has the powers and duties referenced by and provided in section 5213. See Michigan Laws 700.1105

Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}

Legally incapacitated individual: means an individual, other than a minor, for whom a guardian is appointed under this act or an individual, other than a minor, who has been adjudged by a court to be an incapacitated individual. See Michigan Laws 700.1105

Legislative body: means any of the following:

(a) The council, commission, or other entity vested with the legislative power of a village. See Michigan Laws 141.422d

Letters: includes , but is not limited to, letters testamentary, letters of guardianship, letters of administration, and letters of conservatorship. See Michigan Laws 700.1105

Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

Local administration: means administration by a personal representative appointed in this state under an appointment proceeding described in article III. See Michigan Laws 700.4101

Local health department: means that term as defined in section 1105 of the public health code, Act No. See Michigan Laws 141.472

Local personal representative: includes a personal representative appointed in this state under an appointment proceeding described in article III and excludes a foreign personal representative who acquires the power of a local personal representative under section 4203. See Michigan Laws 700.4101

Marketing program: means a program established by a bureau to develop, encourage, solicit, and promote convention business or tourism within this state or a portion of this state within which the bureau operates. See Michigan Laws 141.872

Marketing program notice: means the notice described in section 3. See Michigan Laws 141.872

Master plan: means the comprehensive, long-range master plan developed by the Michigan travel commission and the travel bureau under section 2c of the Michigan tourism policy act, 1945 PA 106, MCL 2. See Michigan Laws 141.872

Mental health professional: means an individual who is trained and experienced in the area of mental illness or developmental disabilities and who is 1 of the following:

(i) A physician who is licensed to practice medicine or osteopathic medicine and surgery in this state under article 15 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 700.1106

Minor: means an individual who is less than 18 years of age. See Michigan Laws 700.1106

Minor: means an individual 14 or more years of age and less than 18 years of age. See Michigan Laws 330.1260

Minor ward: means a minor for whom a guardian is appointed solely because of minority. See Michigan Laws 700.1106

Money: means legal tender or a note, draft, certificate of deposit, stock, bond, check, or credit card. See Michigan Laws 700.1106

month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j

Mortgage: The written agreement pledging property to a creditor as collateral for a loan.

Municipality: means a county, city, village, or township. See Michigan Laws 141.441

Municipality: means a county with a population of less than 650,000 or a city, village, or township within a county with a population of less than 650,000. See Michigan Laws 141.872

Nonopioid directive form: means that term as defined in section 9145 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 700.1106

Nonresident decedent: means a decedent who was domiciled in another jurisdiction at the time of his or her death. See Michigan Laws 700.1106

oath: shall be construed to include the word "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases the word "sworn" shall be construed to include the word "affirmed". See Michigan Laws 8.3k

Oath: A promise to tell the truth.

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.

Organization: means a corporation, business trust, estate, trust, partnership, limited liability company, association, or joint venture; governmental subdivision, agency, or instrumentality; public corporation; or another legal or commercial entity. See Michigan Laws 700.1106

Oversight: Committee review of the activities of a Federal agency or program.

Owner: means the owner of a transient facility to be served by the bureau or, if the transient facility is operated or managed by a person other than the owner, then the operator or manager of that transient facility. See Michigan Laws 141.872

Parent: includes , but is not limited to, an individual entitled to take, or who would be entitled to take, as a parent under this act by intestate succession from a child who dies without a will and whose relationship is in question. See Michigan Laws 700.1106

Partial guardian: means that term as defined in section 600 of the mental health code, 1974 PA 258, MCL 330. See Michigan Laws 700.1106

Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

Patient advocate: means an individual designated to exercise powers concerning another individual's care, custody, and medical or mental health treatment or authorized to make an anatomical gift on behalf of another individual, or both, as provided in section 5506. See Michigan Laws 700.1106

Patient advocate designation: means the written document executed and with the effect as described in section 5506 to 5515. See Michigan Laws 700.1106

Person: means an individual or an organization. See Michigan Laws 700.1106

person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l

Person: means an individual, partnership, corporation, limited liability company, association, or other legal entity. See Michigan Laws 445.1822

Person: means a natural person, partnership, fiduciary, association, corporation, or other entity. See Michigan Laws 141.861

Person in loco parentis: means an individual who is not the parent or guardian of a child or minor but who has legal custody of the child or minor and is providing support and care for the child or minor. See Michigan Laws 330.1260

Personal property: All property that is not real property.

Personal representative: includes , but is not limited to, an executor, administrator, successor personal representative, and special personal representative, and any other person, other than a trustee of a trust subject to article VII, who performs substantially the same function under the law governing that person's status. See Michigan Laws 700.1106

Petition: means a written request to the court for an order after notice. See Michigan Laws 700.1106

Petitioner: means a person that institutes a proceeding under section 281a. See Michigan Laws 330.1260

Physician orders for scope of treatment form: means that term as defined in section 5674 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 700.1106

Plenary guardian: means that term as defined in section 600 of the mental health code, 1974 PA 258, MCL 330. See Michigan Laws 700.1106

Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}

Probable cause: A reasonable ground for belief that the offender violated a specific law.

Probate: Proving a will

Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

Proceeding: includes an application and a petition, and may be an action at law or a suit in equity. See Michigan Laws 700.1106

Professional conservator: means a person that provides conservatorship services for a fee. See Michigan Laws 700.1106

Professional guardian: means a person that provides guardianship services for a fee. See Michigan Laws 700.1106

Program: means a hospital, clinic, organization, or health professional licensed under part 62 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 330.1260

Property: means anything that may be the subject of ownership, and includes both real and personal property or an interest in real or personal property. See Michigan Laws 700.1106

Protected individual: means a minor or other individual for whom a conservator has been appointed or other protective order has been made as provided in part 4 of article V. See Michigan Laws 700.1106

Protective proceeding: means a proceeding under the provisions of part 4 of article V. See Michigan Laws 700.1106

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Resident creditor: means a person domiciled or doing business in this state that is, or could be, a claimant against a nonresident decedent's estate. See Michigan Laws 700.4101

Respondent: means an individual alleged in a petition filed under section 281a to be an individual who has a substance use disorder and who may be ordered under section 281b or 281c to undergo involuntary treatment. See Michigan Laws 330.1260

Revenue: means an addition to the assets of a fund that does not increase a liability, does not represent the recovery of an expenditure, does not represent the cancellation of a liability without a corresponding increase in any other liability or a decrease in assets, and does not represent a contribution of fund capital in enterprise or in internal service funds. See Michigan Laws 141.422d

Revenues: means the income derived from the tax, plus interest and penalties imposed by this act, levied and assessed under an ordinance adopted pursuant to this act. See Michigan Laws 141.861

Room: means a room or other space provided for sleeping that can be rented independently, including the furnishings and other accessories in the room. See Michigan Laws 141.872

Room charge: means the charge imposed for the use or occupancy of a room, excluding charges for food, beverages, state use tax, telephone service, or like services paid in connection with the charge, and excluding reimbursement of the assessment imposed by this act. See Michigan Laws 141.872

Security: includes , but is not limited to, a note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate, or interest in a regulated investment company or other entity generally referred to as a mutual fund or, in general, an interest or instrument commonly known as a security, or a certificate of interest or participation for, a temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase any of the items listed in this subdivision. See Michigan Laws 700.1107

Service of process: The service of writs or summonses to the appropriate party.

shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c

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

State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 700.1107

Statute: A law passed by a legislature.

Successor: means a person, other than a creditor, who is entitled to property of a decedent under the decedent's will or this act. See Michigan Laws 700.1107

Summons: Another word for subpoena used by the criminal justice system.

Surplus: means an excess of the assets of a fund over its liabilities and reserves. See Michigan Laws 141.422d

Testator: includes an individual of either gender. See Michigan Laws 700.1107

Testator: A male person who leaves a will at death.

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

Transient facility: means a building or combination of buildings under common ownership, operation, or management that contains 10 or more rooms used in the business of providing dwelling, lodging, or sleeping to transient guests, whether or not membership is required for the use of the rooms. See Michigan Laws 141.872

Transient guest: means a natural person who occupies a room in a transient facility for less than 30 consecutive days regardless of who pays the room charge. See Michigan Laws 141.872

Travel bureau: means the Michigan travel bureau created under section 2a of the Michigan tourism policy act, 1945 PA 106, MCL 2. See Michigan Laws 141.872

Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

Trust: includes , but is not limited to, an express trust, private or charitable, with additions to the trust, wherever and however created. See Michigan Laws 700.1107

United States: shall be construed to include the district and territories. See Michigan Laws 8.3o

Venue: The geographical location in which a case is tried.

Ward: means an individual for whom a guardian is appointed. See Michigan Laws 700.1108

Will: includes , but is not limited to, a codicil and a testamentary instrument that appoints a personal representative, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to the decedent's property that is passing by intestate succession. See Michigan Laws 700.1108