Section 257.134. Advertising and representations.

It is an unfair and deceptive practice to advertise   or represent, either directly or indirectly:

(a)   Reduced prices for products or services and not sell them at the advertised price during the period of the offering.

(b)   Products or services at  a  particular  price  during  a    particular period and fail to extend the offer beyond that period to  persons  seeking but not obtaining the products or services during the  advertised  period because the facility has failed to prepare  for the   reasonably  expected public demand.

(c)   That a customer will receive products or services "free," "without charge," or words of similar import, if there are undisclosed conditions, terms, or limitations attached to the offering.

(d)  Products or services while failing to reveal a material fact, the omission of which tends to mislead or deceive the customer, and which fact could not reasonably be known by the customer.

(e)  That a customer will receive a rebate, discount, or other benefit as an inducement for entering into a contract, if the benefit is contingent on an event to occur subsequent to the consummation of the transaction.

(f)  That a repair facility has the ability to perform repair services using personnel qualified in specific repair specialties, including those specialties enumerated in section 10 of the act, when in fact the facility does not employ mechanics legally certified in those specialties.

(g)     Products or services when there is a material contingency, condition, or limitation on the offer, unless the contingency, condition, or limitation is stated contemporaneously  with  the  offer  in   a    manner clearly and easily understood by the customer.

(h)   Products or services in  a  language  other  than  English  without including in the advertisement or representation   required  disclosures   or limitations   on  the  offer in  the language principally  used   in   the advertisement or representation.

(i)   That mechanics employed by a repair facility are "certified," "licensed," or otherwise qualified when that representation might tend to give the impression that all mechanics  employed  by  the   facility  are certified or licensed if in fact they are not.

(j)    That a customer's failure to act quickly or within a certain period of time to procure products or services will result  in   the  loss  of opportunity to procure them at a particular price when in fact  this  is  not the case.

(k)   Credit availability in such a manner as to  cause  a   likelihood   of confusion or of misunderstanding as to the terms or conditions of credit, or that credit availability or terms are "easy" or words of similar import   when in fact that is not the case.

(l)   That products or services are sold under the terms  of   "satisfaction guaranteed or money back" or words of similar  import  when   in   fact   the customer's declaration

of dissatisfaction is not the    sole     criterion     for the refund of money on purchases so warranted.

(m)   The necessity, desirability, or advantage to a prospective customer of dealing with  a   repair   facility  by  misrepresenting  the   facility's alleged advantages of size.

(n)   That a document which a customer signs is something other than  what it is.

(o)  An aspect of the repair transaction in a manner causing a likelihood of confusion, or of misunderstanding, with respect to the authority of a mechanic, salesperson, representative, or agent  to   negotiate  the  final terms of a transaction.

(p)   An aspect of a repair transaction in a manner causing a likelihood of confusion, or of misunderstanding, as to the legal rights, obligations, or remedies of a party to the transaction.

(q)  That service on an offered product is available under   a    warranty when in fact it is not available or there are  undisclosed   limitations  or conditions on the availability of that service.

(r)      A free or low-cost inspection or diagnosis necessitating the removal or dismantling, or both, of a part or assembly and fail to disclose prior to the transaction a charge for replacement  or   reassembly  in  the   event  the customer declines to authorize a recommended repair.

(s)   A product or service at a reduced rate and, upon the facility's failure to provide it at the offered price during  the  period   of  the offering to a customer seeking it, to fail to offer and provide the customer the opportunity to obtain the product or  service  at  the  same reduced rate within a reasonable period of time after the   expiration   of the original offer.

(t)   Products or services, or the availability or obtainability  of products or services in a manner involving the solicitation of waivers  by the facility.

(u)    Products or services that fail to  meet  the  reasonably  expected public demand for the duration of the advertised offering,  except  where the advertisement has clearly  expressed   a  specific  limitation  on    the quantity of the advertised products or services.

(v)    The words "certification," "licensing," "registration," or words of similar import, of a motor vehicle repair facility, or mechanic by an organization, association, governmental entity, or other program or authority other than the administrator, without clearly and conspicuously disclosing the source of the "certification," "licensing,"  or "registration," and adding the disclaimer "not the  Michigan  Department of State."

(w)  The desirability or advantages of certification or  licensing   by  a federal, state, or local governmental agency, or  that   a  motor  vehicle repair facility or  mechanic has  been  indorsed  or   sanctioned   by  the administrator.

History: 1979 AC.