Section R. 14.203 - Disclosing exceptions, limitations, or restrictions rainchecks and substitutionsRule 3.
(1) If an advertisement does not state the quantity of a consumer item available, and the consumer item cannot be sold throughout the advertised period of sale, the advertisement shall disclose all the seller's exceptions, limitations, or restrictions with respect to stores, consumer items, or prices otherwise included in the advertisement, and the advertiser shall make available a raincheck which obligates the advertiser to deliver and sell to the consumer in possession of the raincheck the consumer item specified in the raincheck, at the advertised price stated in the raincheck, and at the future date stated in the raincheck, not in excess of 90 days, or at an earlier time upon notification to the consumer by the advertiser. After notification to the consumer is given, the advertiser may dispose of the item upon failure of the consumer to pick up the item in the time specified in section 5(2) of the act.(2) An advertiser, instead of providing the consumer with a raincheck, may substitute for the unavailable advertised consumer item a similar consumer item of equal or greater monetary value. This rule does not modify a person's obligations under section 5(3) of the act.(3) If an advertiser elects to substitute a consumer item of equal or greater monetary value because the advertiser is unable to redeem a raincheck due to the unavailability of the advertised consumer item, the advertiser may substitute either a similar item bearing a substantially equivalent regular price at the advertised lower price, or a similar item bearing a higher regular price at a price equal to the regular price of the higher-priced item, less the percentage reduction offered for the unavailable consumer item.Example: An advertisement indicates a consumer item regularly sells for $50.00, but is on this week for does not disclose the quantity available. The advertiser runs out of the advertised item during the period of sale and knows that the item cannot be obtained again to redeem a raincheck. The advertiser may then offer to a consumer either of the following substitutesimilar items:
(a) Another similar $50.00 item at $30.00.(b) Another similar item regularly selling for $75.00 at a comparable savings or reduction in price; that is, 40% off or $45.00.(4) An advertiser shall not limit the obligation to redeem a raincheck by including a date in a raincheck less than 90 days from the date of the raincheck. For example, a raincheck which provides for its redemption on or before a date less than 90 days thereafter is insufficient compliance with the act if the purpose of the earlier date is to evade compliance in the event the guarantee cannot be honored in the shorter time. An advertiser may, however, redeem the raincheck earlier than 90 days upon notification to the consumer.(5) A raincheck shall contain, but not be limited to, the following:(a) Space for a description of the unavailable item.(b) Space for the price to be paid for the unavailable item of the consumer.(c) Space for the signature or initials of a person authorizing the raincheck.(6) The raincheck shall be executed in duplicate, 1 copy to be given to the consumer, the other to be retained by the merchant.Mich. Admin. Code R. 14.203