HOUSE BILL No. 5933


     April 23, 2002, Introduced by Reps. Raczkowski, Stewart, Meyer and Lemmons and referred to the Committee on Commerce.


        A bill to amend 1976 PA 449, entitled

   "An act to regulate the pricing of consumer items and the adver-
   tising of consumer items, services, goods, merchandise, commodi-
   ties, and real property; to prescribe the powers and duties of
   certain state and local officials in relation thereto; to provide
   remedies and penalties; and to repeal certain acts and parts of
   acts,"

   by amending section 10a (MCL 445.360a), as added by 1984 PA 344.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
             Sec. 10a.  (1) Except as provided in subsection (3), this

 2
        section applies to a sale at retail  which  THAT meets all of the

 3
        following conditions:

 4
             (a) There is a DISPLAYED price  stamped on or affixed to

 5
        FOR the item.

 6
             (b) The sale is recorded by an automatic checkout system.

 7
             (c) The buyer is given a receipt  which  THAT describes the

 8
        item and states the price charged for the item.



   07070'02                                                 DAM                                   2

 1
             (2) Before bringing or joining in an action as provided in

 2
        section 10(2), within 30 days after purchasing an item, a buyer

 3
        who suffers loss because the price charged for the item is more

 4
        than the DISPLAYED price  stamped on or affixed to  FOR the item

 5
        shall notify the seller in person or in writing that the price

 6
        charged is more than the DISPLAYED price.  stamped or affixed.

 7
        The notice shall include evidence of the loss suffered by the

 8
        buyer.  If, within 2 days after the notification, the seller

 9
        tenders to the buyer an amount equal to the difference between

10
        the DISPLAYED price  stamped or affixed  and the price charged,

11
        plus an amount equal to 10 times that difference but  which  THAT

12
        is not less than $1.00 or more than $5.00, the buyer is barred

13
        from any further recovery for that loss.  If the loss is suffered

14
        by 1 buyer within 1 transaction on 2 or more identical items, the

15
        amount  to be tendered by  the seller  shall be  MUST TENDER TO

16
        BAR THE BUYER FROM FURTHER RECOVERY UNDER SECTION 10(2) IS the

17
        difference on each item, plus an amount THAT IS equal to 10 times

18
        the difference on a single item but  which  THAT is not less than

19
        $1.00 and not more than $5.00.  If the seller does not tender

20
        this amount, the buyer may bring or join in an action as provided

21
        in section 10(2).

22
             (3) This section does not apply to a sale at retail in which

23
        the seller intentionally charges more for an item than the

24
        DISPLAYED price.  stamped on or affixed to the item.

25
             (4) AS USED IN THIS SECTION, "DISPLAYED PRICE" MEANS A PRICE

26
        STAMPED UPON OR AFFIXED TO AN ITEM, STAMPED UPON OR AFFIXED TO A





   07070'02                                   3

 1
        PACKAGE OR CONTAINER ENCLOSING AN ITEM, OR DISPLAYED TO THE

 2
        PUBLIC NEAR THE AREA WHERE AN ITEM IS AVAILABLE FOR PURCHASE.




















































   07070'02          Final page.                            DAM