Sunday, August 12, 2007

Student note on Michigan consumer protection law

Scott Thomas O’Neal, Note, Exempting the Protection Out of Michigan’s Consumer Protection Act: A Call for Returning Consumer Protection to the Act, 84 U. Det. Mercy L. Rev. 237 (2007): Michigan’s consumer protection law exempts conduct authorized by another statutory scheme. In 1999, the Michigan Supreme Court “shifted focus from whether the specific unfair conduct was ‘specifically authorized’ by law to whether the general business transaction was ‘specifically authorized’ by law” (emphasis added). The author argues that this was a mistake, and compares Michigan cases with those in numerous other states with similar exemptions.

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