445.356 Advertisement; untrue, deceptive, or misleading statement or
representation; failure or refusal to sell in manner or at price
advertised; determination of deceptive or misleading advertising; intent
not to sell; defective, blemished, or rejected goods, merchandise, or
commodities; seconds; identification.
(2) The failure to sell goods, merchandise, commodities, or services in the manner advertised, or the refusal to sell at the price at which it was advertised, or in accordance with other terms and conditions of the advertisement creates a rebuttable presumption of an intent to violate this act.
Section applicable to sale at retail; conditions; conditions to
bringing or joining in action; exception.
Sec. 10a. (1) Except as provided in subsection (3), this section applies to a sale at retail which meets all of the following conditions:
(a) There is a price stamped on or affixed to the item.
(b) The sale is recorded by an automatic checkout system.
(c) The buyer is given a receipt which describes the item and states the price charged for the item
Before bringing or joining in an action as provided in section 10(2), within 30 days after purchasing an item, a buyer who suffers loss because the price charged for the item is more than the price stamped on or affixed to the item shall notify the seller in person or in writing that the price charged is more than the price stamped or affixed. The notice shall include evidence of the loss suffered by the buyer. If, within 2 days after the notification, the seller tenders to the buyer an amount equal to the difference between the price stamped or affixed and the price charged, plus an amount equal to 10 times that difference but which is not less than $1.00 or more than $5.00, the buyer is barred from any further recovery for that loss. If the loss is suffered by 1 buyer within 1 transaction on 2 or more identical items, the amount to be tendered by the seller shall be the difference on each item, plus an amount equal to 10 times the difference on a single item but which is not less than $1.00 and not more than $5.00. If the seller does not tender this amount, the buyer may bring or join in an action.