Individual or Class Action; Damages; Attorneys' Fees.

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Sec. 5.

(1) Whether a person seeks damages or has an adequate remedy at law, a person may bring an action to do either of the following, or both, if the attorney general or prosecuting attorney fails to initiate action within 60 days after receiving notice of an alleged violation of this act:

(a) Obtain a declaratory judgment that a practice is in violation of this act.

(b) Enjoin by temporary or permanent injunction a person who is engaging or is about to engage in a practice in violation of this act.

(2) A person who suffers loss as a result of a violation of this act may bring an individual or a class action to recover actual damages or $50.00, whichever is greater, for each day on which violations of this act have been found together with reasonable attorneys' fees not to exceed $300.00 in an individual action.

History: 1988, Act 98, Imd. Eff. Apr. 11, 1988


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