SENATE BILL No. 1226

April 11, 2002, Introduced by Senator BULLARD and referred to the Committee on Economic

Development, International Trade and Regulatory Affairs.

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.

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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

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

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

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