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HB-5254, As Passed House, June 23, 2026
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HOUSE BILL NO. 5254
A bill to amend 1976 PA 331, entitled
"Michigan consumer protection act,"
by amending section 3 (MCL 445.903), as amended by 2022 PA 152.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) Unfair, unconscionable, or deceptive methods, 1
acts, or practices in the conduct of trade or commerce are unlawful 2
and are defined as follows: 3
(a) Causing a probability of confusion or misunderstanding as 4
to the source, sponsorship, approval, or certification of goods or 5
services. 6
November 12, 2025, Introduced by Reps. Rigas, Pohutsky, Koleszar, Breen, Weiss, Young, Price,
Glanville, Morgan, MacDonell, Mentzer, Brixie, Scott, Wilson and Kunse and referred to
Committee on Health Policy.
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(b) Using deceptive representations or deceptive designations 1
of geographic origin in connection with goods or services. 2
(c) Representing that goods or services have sponsorship, 3
approval, characteristics, ingredients, uses, benefits, or 4
quantities that they the goods or services do not have or that a 5
person has sponsorship, approval, status, affiliation, or 6
connection that he or she the person does not have. 7
(d) Representing that goods are new if they the goods are 8
deteriorated, altered, reconditioned, used, or secondhand. 9
(e) Representing that goods or services are of a particular 10
standard, quality, or grade, or that goods are of a particular 11
style or model, if they the goods are of another. 12
(f) Disparaging the goods, services, business, or reputation 13
of another by false or misleading representation of fact. 14
(g) Advertising or representing goods or services with intent 15
not to dispose of those goods or services as advertised or 16
represented. 17
(h) Advertising goods or services with intent not to supply 18
reasonably expectable public demand, unless the advertisement 19
discloses a limitation of quantity in immediate conjunction with 20
the advertised goods or services. 21
(i) Making false or misleading statements of fact concerning 22
the reasons for, existence of, or amounts of price reductions. 23
(j) Representing that a part, replacement, or repair service 24
is needed when it is not. 25
(k) Representing to a party to whom goods or services are 26
supplied that the goods or services are being supplied in response 27
to a request made by or on behalf of the party, when they the goods 28
or services are not. 29
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(l) Misrepresenting that because of some defect in a consumer's 1
home the health, safety, or lives of the consumer or his or her the 2
consumer's family are in danger if the product or services are not 3
purchased, when in fact the defect does not exist or the product or 4
services would not remove the danger. 5
(m) Causing a probability of confusion or of misunderstanding 6
with respect to the authority of a salesperson, representative, or 7
agent to negotiate the final terms of a transaction. 8
(n) Causing a probability of confusion or of misunderstanding 9
as to the legal rights, obligations, or remedies of a party to a 10
transaction. 11
(o) Causing a probability of confusion or of misunderstanding 12
as to the terms or conditions of credit if credit is extended in a 13
transaction. 14
(p) Disclaiming or limiting the implied warranty of 15
merchantability and fitness for use, unless a disclaimer is clearly 16
and conspicuously disclosed. 17
(q) Representing or implying that the subject of a consumer 18
transaction will be provided promptly, or at a specified time, or 19
within a reasonable time, if the merchant knows or has reason to 20
know it will not be so provided. 21
(r) Representing that a consumer will receive goods or 22
services free or without charge, or using words of similar import 23
in the representation, without clearly and conspicuously disclosing 24
with equal prominence in immediate conjunction with the use of 25
those words the conditions, terms, or prerequisites to the use or 26
retention of the goods or services advertised. 27
(s) Failing to reveal a material fact, the omission of which 28
tends to mislead or deceive the consumer, and which fact could not 29
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reasonably be known by the consumer. 1
(t) Entering into a consumer transaction in which the consumer 2
waives or purports to waive a right, benefit, or immunity provided 3
by law, unless the waiver is clearly stated and the consumer has 4
specifically consented to it. 5
(u) Failing, in a consumer transaction that is rescinded, 6
canceled, or otherwise terminated in accordance with the terms of 7
an agreement, advertisement, representation, or provision of law, 8
to promptly restore to the person or persons entitled to it a 9
deposit, down payment, or other payment, or in the case of property 10
traded in but not available, the greater of the agreed value or the 11
fair market value of the property, or to cancel within a specified 12
time or an otherwise reasonable time an acquired security interest. 13
(v) Taking or arranging for the consumer to sign an 14
acknowledgment, certificate, or other writing affirming acceptance, 15
delivery, compliance with a requirement of law, or other 16
performance, if the merchant knows or has reason to know that the 17
statement is not true. 18
(w) Representing that a consumer will receive a rebate, 19
discount, or other benefit as an inducement for entering into a 20
transaction, if the benefit is contingent on an event to occur 21
subsequent to the consummation of the transaction. 22
(x) Taking advantage of the consumer's inability reasonably to 23
protect his or her the consumer's interests by reason of 24
disability, illiteracy, or inability to understand the language of 25
an agreement presented by the other party to the transaction who 26
knows or reasonably should know of the consumer's inability. 27
(y) Gross discrepancies between the oral representations of 28
the seller and the written agreement covering the same transaction 29
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or failure of the other party to the transaction to provide the 1
promised benefits. 2
(z) Charging the consumer a price that is grossly in excess of 3
the price at which similar property or services are sold. 4
(aa) Causing coercion and duress as the result of the time and 5
nature of a sales presentation. 6
(bb) Making a representation of fact or statement of fact 7
material to the transaction such that a person reasonably believes 8
the represented or suggested state of affairs to be other than it 9
actually is. 10
(cc) Failing to reveal facts that are material to the 11
transaction in light of representations of fact made in a positive 12
manner. 13
(dd) Subject to subdivision (ee), representing as the 14
manufacturer of a product or package that the product or package is 15
1 or more of the following: 16
(i) Except as provided in subparagraph (ii), recycled, 17
recyclable, degradable, or is of a certain recycled content, in 18
violation of guides for the use of environmental marketing claims, 19
16 CFR part 260. 20
(ii) For container holding devices regulated under part 163 of 21
the natural resources and environmental protection act, 1994 PA 22
451, MCL 324.16301 to 324.16303, degradable contrary to the 23
definition of degradable as provided in that act.section 16301 of 24
the natural resources and environmental protection act, 1994 PA 25
451, MCL 324.16301. 26
(ee) Representing that a product or package is degradable, 27
biodegradable, or photodegradable unless it can be substantiated by 28
evidence that the product or package will completely decompose into 29
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elements found in nature within a reasonably short period of time 1
after consumers use the product and dispose of the product or the 2
package in a landfill or composting facility, as appropriate. 3
(ff) Offering a consumer a prize if the consumer is required 4
to submit to a sales presentation to claim the prize, unless a 5
written disclosure is given to the consumer at the time the 6
consumer is notified of the prize and the written disclosure meets 7
all of the following requirements: 8
(i) Is written or printed in a bold type that is not smaller 9
than 10-point. 10
(ii) Fully describes the prize, including its cash value, won 11
by the consumer. 12
(iii) Contains all the terms and conditions for claiming the 13
prize, including a statement that the consumer is required to 14
submit to a sales presentation. 15
(iv) Fully describes the product, real estate, investment, 16
service, membership, or other item that is or will be offered for 17
sale, including the price of the least expensive item and the most 18
expensive item. 19
(gg) Violating 1971 PA 227, MCL 445.111 to 445.117, in 20
connection with a home solicitation sale or telephone solicitation, 21
including, but not limited to, having an independent courier 22
service or other third party pick up a consumer's payment on a home 23
solicitation sale during the period the consumer is entitled to 24
cancel the sale. 25
(hh) Except as provided in subsection (3), requiring a 26
consumer to disclose his or her the consumer's Social Security 27
number as a condition to selling or leasing goods or providing a 28
service to the consumer, unless any of the following apply: 29
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(i) The selling, leasing, providing, terms of payment, or 1
transaction includes an application for or an extension of credit 2
to the consumer. 3
(ii) The disclosure is required or authorized by applicable 4
state or federal statute, rule, or regulation. 5
(iii) The disclosure is requested by a person to obtain a 6
consumer report for a permissible purpose described in section 604 7
of the fair credit reporting act, 15 USC 1681b. 8
(iv) The disclosure is requested by a landlord, lessor, or 9
property manager to obtain a background check of the individual in 10
conjunction with the rent or leasing of real property. 11
(v) The disclosure is requested from an individual to effect, 12
administer or enforce a specific telephonic or other electronic 13
consumer transaction that is not made in person but is requested or 14
authorized by the individual if it is to be used solely to confirm 15
the identity of the individual through a fraud prevention service 16
database. The consumer good or service must still be provided to 17
the consumer on verification of his or her the consumer's identity 18
if he or she the consumer refuses to provide his or her the 19
consumer's Social Security number but provides other information or 20
documentation that can be used by the person to verify his or her 21
the consumer's identity. The person may inform the consumer that 22
verification through other means than use of the Social Security 23
number may cause a delay in providing the service or good to the 24
consumer. 25
(ii) If a credit card or debit card is used for payment in a 26
consumer transaction, issuing or delivering a receipt to the 27
consumer that displays any part of the expiration date of the card 28
or more than the last 4 digits of the consumer's account number. 29
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This subdivision does not apply if the only receipt issued in a 1
consumer transaction is a credit card or debit card receipt on 2
which the account number or expiration date is handwritten, 3
mechanically imprinted, or photocopied. This subdivision applies to 4
any consumer transaction that occurs on or after March 1, 2005, 5
except that if a credit or debit card receipt is printed in a 6
consumer transaction by an electronic device, this subdivision 7
applies to any consumer transaction that occurs using that device 8
only after 1 of the following dates, as applicable: 9
(i) If the electronic device is placed in service after March 10
1, 2005, July 1, 2005 or the date the device is placed in service, 11
whichever is later. 12
(ii) If the electronic device is in service on or before March 13
1, 2005, July 1, 2006. 14
(jj) Violating section 11 of the identity theft protection 15
act, 2004 PA 452, MCL 445.71. 16
(kk) Advertising or conducting a live musical performance or 17
production in this state through the use of a false, deceptive, or 18
misleading affiliation, connection, or association between a 19
performing group and a recording group. This subdivision does not 20
apply if any of the following are met: 21
(i) The performing group is the authorized registrant and owner 22
of a federal service mark for that group registered in the United 23
States Patent and Trademark Office. 24
(ii) At least 1 member of the performing group was a member of 25
the recording group and has a legal right to use the recording 26
group's name, by virtue of use or operation under the recording 27
group's name without having abandoned the name or affiliation with 28
the recording group. 29
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(iii) The live musical performance or production is identified 1
in all advertising and promotion as a salute or tribute and the 2
name of the vocal or instrumental group performing is not so 3
closely related or similar to that used by the recording group that 4
it would tend to confuse or mislead the public. 5
(iv) The advertising does not relate to a live musical 6
performance or production taking place in this state. 7
(v) The performance or production is expressly authorized by 8
the recording group. 9
(ll) Violating the medical debt protection act. 10
(mm) (ll) Violating section 3e, 3f, 3g, 3h, 3i, 3k, 3l, 3m, or 11
3o. 12
(2) The attorney general may promulgate rules to implement 13
this act under the administrative procedures act of 1969, 1969 PA 14
306, MCL 24.201 to 24.328. The rules must not create an additional 15
unfair trade practice not already enumerated by this section. 16
However, to assure national uniformity, rules must not be 17
promulgated to implement subsection (1)(dd) or (ee). 18
(3) Subsection (1)(hh) does not apply to either of the 19
following: 20
(a) Providing a service related to the administration of 21
health-related or dental-related benefits or services to patients, 22
including provider contracting or credentialing. This subdivision 23
is intended to limit the application of subsection (1)(hh) and is 24
not intended to imply that this act would otherwise apply to 25
health-related or dental-related benefits. 26
(b) An employer providing benefits or services to an employee. 27
Enacting section 1. This amendatory act does not take effect 28
unless all of the following bills of the 103rd Legislature are 29
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Final Page
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enacted into law: 1
(a) Senate Bill No. 95. 2
(b) House Bill No. 5255. 3