Section R. 14.205 - Determination of violationRule 5. In determining whether a violation of the act has occurred, the following shall be considered:
(a) All circumstances surrounding nondelivery of advertised consumer items which were actually ordered in quantities sufficient to meet, or are reasonably related to the intended response to, the advertisement, but were not delivered due to circumstances beyond the advertiser's control.(b) All circumstances surrounding failure to make advertised consumer items conspicuously and readily available for sale at or below the advertised prices if the consumer items were not made available at those prices due to circumstances beyond the control of the advertiser. In such cases, the making available of a raincheck shall be considered; however, the mere existence of a "policy" to provide a raincheck, in and of itself, does not constitute compliance.(c) Whether the advertiser instructed each of the advertiser's employees, agents, or servants of the existence of a raincheck; whether the advertiser required those persons to inform consumers of its availability; whether, upon learning of the unavailability of a particular consumer item, the advertiser posted a notice, proximate to the location of the unavailable item, stating the procedure for obtaining a raincheck; and whether the advertiser posted, in a clear and conspicuous central location in the advertiser's store, a notice respecting the store's obligations to deliver a raincheck or substitute.Mich. Admin. Code R. 14.205