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HB-6098, As Passed House, June 25, 2026
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SUBSTITUTE FOR
HOUSE BILL NO. 6098
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, and
by adding section 3q.
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
(b) Using deceptive representations or deceptive designations 7
of geographic origin in connection with goods or services. 8
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(c) Representing that goods or services have sponsorship, 1
approval, characteristics, ingredients, uses, benefits, or 2
quantities that they the goods or services do not have or that a 3
person has sponsorship, approval, status, affiliation, or 4
connection that he or she the person does not have. 5
(d) Representing that goods are new if they the goods are 6
deteriorated, altered, reconditioned, used, or secondhand. 7
(e) Representing that goods or services are of a particular 8
standard, quality, or grade, or that goods are of a particular 9
style or model, if they the goods are of another. 10
(f) Disparaging the goods, services, business, or reputation 11
of another by false or misleading representation of fact. 12
(g) Advertising or representing goods or services with intent 13
not to dispose of those goods or services as advertised or 14
represented. 15
(h) Advertising goods or services with intent not to supply 16
reasonably expectable public demand, unless the advertisement 17
discloses a limitation of quantity in immediate conjunction with 18
the advertised goods or services. 19
(i) Making false or misleading statements of fact concerning 20
the reasons for, existence of, or amounts of price reductions. 21
(j) Representing that a part, replacement, or repair service 22
is needed when it is not. 23
(k) Representing to a party to whom goods or services are 24
supplied that the goods or services are being supplied in response 25
to a request made by or on behalf of the party, when they the goods 26
and services are not. 27
(l) Misrepresenting that because of some defect in a consumer's 28
home the health, safety, or lives of the consumer or his or her the 29
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consumer's family are in danger if the product or services are not 1
purchased, when in fact the defect does not exist or the product or 2
services would not remove the danger. 3
(m) Causing a probability of confusion or of misunderstanding 4
with respect to the authority of a salesperson, representative, or 5
agent to negotiate the final terms of a transaction. 6
(n) Causing a probability of confusion or of misunderstanding 7
as to the legal rights, obligations, or remedies of a party to a 8
transaction. 9
(o) Causing a probability of confusion or of misunderstanding 10
as to the terms or conditions of credit if credit is extended in a 11
transaction. 12
(p) Disclaiming or limiting the implied warranty of 13
merchantability and fitness for use, unless a disclaimer is clearly 14
and conspicuously disclosed. 15
(q) Representing or implying that the subject of a consumer 16
transaction will be provided promptly, or at a specified time, or 17
within a reasonable time, if the merchant knows or has reason to 18
know it will not be so provided. 19
(r) Representing that a consumer will receive goods or 20
services free or without charge, or using words of similar import 21
in the representation, without clearly and conspicuously disclosing 22
with equal prominence in immediate conjunction with the use of 23
those words the conditions, terms, or prerequisites to the use or 24
retention of the goods or services advertised. 25
(s) Failing to reveal a material fact, the omission of which 26
tends to mislead or deceive the consumer, and which fact could not 27
reasonably be known by the consumer. 28
(t) Entering into a consumer transaction in which the consumer 29
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waives or purports to waive a right, benefit, or immunity provided 1
by law, unless the waiver is clearly stated and the consumer has 2
specifically consented to it. 3
(u) Failing, in a consumer transaction that is rescinded, 4
canceled, or otherwise terminated in accordance with the terms of 5
an agreement, advertisement, representation, or provision of law, 6
to promptly restore to the a person or persons entitled to it a 7
deposit, down payment, or other payment, or in the case of property 8
traded in but not available, the greater of the agreed value or the 9
fair market value of the property, or to cancel within a specified 10
time or an otherwise reasonable time an acquired security interest. 11
(v) Taking or arranging for the consumer to sign an 12
acknowledgment, certificate, or other writing affirming acceptance, 13
delivery, compliance with a requirement of law, or other 14
performance, if the merchant knows or has reason to know that the 15
statement is not true. 16
(w) Representing that a consumer will receive a rebate, 17
discount, or other benefit as an inducement for entering into a 18
transaction, if the benefit is contingent on an event to occur 19
subsequent to the consummation of the transaction. 20
(x) Taking advantage of the consumer's inability reasonably to 21
protect his or her the consumer's interests by reason of 22
disability, illiteracy, or inability to understand the language of 23
an agreement presented by the other party to the transaction who 24
knows or reasonably should know of the consumer's inability. 25
(y) Gross discrepancies between the oral representations of 26
the seller and the written agreement covering the same transaction 27
or failure of the other party to the transaction to provide the 28
promised benefits. 29
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(z) Charging the consumer a price that is grossly in excess of 1
the price at which similar property or services are sold. 2
(aa) Causing coercion and duress as the result of the time and 3
nature of a sales presentation. 4
(bb) Making a representation of fact or statement of fact 5
material to the transaction such that a person reasonably believes 6
the represented or suggested state of affairs to be other than it 7
actually is. 8
(cc) Failing to reveal facts that are material to the 9
transaction in light of representations of fact made in a positive 10
manner. 11
(dd) Subject to subdivision (ee), representing as the 12
manufacturer of a product or package that the product or package is 13
1 or more of the following: 14
(i) Except as provided in subparagraph (ii), recycled, 15
recyclable, degradable, or is of a certain recycled content, in 16
violation of guides for the use of environmental marketing claims, 17
16 CFR part 260. 18
(ii) For container holding devices regulated under part 163 of 19
the natural resources and environmental protection act, 1994 PA 20
451, MCL 324.16301 to 324.16303, degradable contrary to the 21
definition of degradable as provided in that act.section 16301 of 22
the natural resources and environmental protection act, 1994 PA 23
451, MCL 324.16301. 24
(ee) Representing that a product or package is degradable, 25
biodegradable, or photodegradable unless it can be substantiated by 26
evidence that the product or package will completely decompose into 27
elements found in nature within a reasonably short period of time 28
after consumers use the product and dispose of the product or the 29
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package in a landfill or composting facility, as appropriate. 1
(ff) Offering a consumer a prize if the consumer is required 2
to submit to a sales presentation to claim the prize, unless a 3
written disclosure is given to the consumer at the time the 4
consumer is notified of the prize and the written disclosure meets 5
all of the following requirements: 6
(i) Is written or printed in a bold type that is not smaller 7
than 10-point. 8
(ii) Fully describes the prize, including its the prize's cash 9
value, won by the consumer. 10
(iii) Contains all the terms and conditions for claiming the 11
prize, including a statement that the consumer is required to 12
submit to a sales presentation. 13
(iv) Fully describes the product, real estate, investment, 14
service, membership, or other item that is or will be offered for 15
sale, including the price of the least expensive item and the most 16
expensive item. 17
(gg) Violating 1971 PA 227, MCL 445.111 to 445.117, in 18
connection with a home solicitation sale or telephone solicitation, 19
including, but not limited to, having an independent courier 20
service or other third party pick up a consumer's payment on a home 21
solicitation sale during the period the consumer is entitled to 22
cancel the sale. 23
(hh) Except as provided in subsection (3), requiring a 24
consumer to disclose his or her the consumer's Social Security 25
number as a condition to selling or leasing goods or providing a 26
service to the consumer, unless any of the following apply: 27
(i) The selling, leasing, providing, terms of payment, or 28
transaction includes an application for or an extension of credit 29
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to the consumer. 1
(ii) The disclosure is required or authorized by applicable 2
state or federal statute, rule, or regulation. 3
(iii) The disclosure is requested by a person to obtain a 4
consumer report for a permissible purpose described in section 604 5
of the fair credit reporting act, 15 USC 1681b. 6
(iv) The disclosure is requested by a landlord, lessor, or 7
property manager to obtain a background check of the individual in 8
conjunction with the rent or leasing of real property. 9
(v) The disclosure is requested from an individual to effect, 10
administer, or enforce a specific telephonic or other electronic 11
consumer transaction that is not made in person but is requested or 12
authorized by the individual if it is to be used solely to confirm 13
the identity of the individual through a fraud prevention service 14
database. The consumer good or service must still be provided to 15
the consumer on verification of his or her the consumer's identity 16
if he or she the consumer refuses to provide his or her the 17
consumer's Social Security number but provides other information or 18
documentation that can be used by the person to verify his or her 19
the consumer's identity. The person may inform the consumer that 20
verification through other means than use of the Social Security 21
number may cause a delay in providing the service or good to the 22
consumer. 23
(ii) If a credit card or debit card is used for payment in a 24
consumer transaction, issuing or delivering a receipt to the 25
consumer that displays any part of the expiration date of the card 26
or more than the last 4 digits of the consumer's account number. 27
This subdivision does not apply if the only receipt issued in a 28
consumer transaction is a credit card or debit card receipt on 29
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which the account number or expiration date is handwritten, 1
mechanically imprinted, or photocopied. This subdivision applies to 2
any consumer transaction that occurs on or after March 1, 2005, 3
except that if a credit or debit card receipt is printed in a 4
consumer transaction by an electronic device, this subdivision 5
applies to any consumer transaction that occurs using that device 6
only after 1 of the following dates, as applicable: 7
(i) If the electronic device is placed in service after March 8
1, 2005, July 1, 2005 or the date the device is placed in service, 9
whichever is later. 10
(ii) If the electronic device is in service on or before March 11
1, 2005, July 1, 2006. 12
(jj) Violating section 11 of the identity theft protection 13
act, 2004 PA 452, MCL 445.71. 14
(kk) Advertising or conducting a live musical performance or 15
production in this state through the use of a false, deceptive, or 16
misleading affiliation, connection, or association between a 17
performing group and a recording group. This subdivision does not 18
apply if any of the following are met: 19
(i) The performing group is the authorized registrant and owner 20
of a federal service mark for that group registered in the United 21
States Patent and Trademark Office. 22
(ii) At least 1 member of the performing group was a member of 23
the recording group and has a legal right to use the recording 24
group's name, by virtue of use or operation under the recording 25
group's name without having abandoned the name or affiliation with 26
the recording group. 27
(iii) The live musical performance or production is identified 28
in all advertising and promotion as a salute or tribute and the 29
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name of the vocal or instrumental group performing is not so 1
closely related or similar to that used by the recording group that 2
it would tend to confuse or mislead the public. 3
(iv) The advertising does not relate to a live musical 4
performance or production taking place in this state. 5
(v) The performance or production is expressly authorized by 6
the recording group. 7
(ll) Violating section 7(3) of the shopping reform and 8
modernization act, 2011 PA 15, MCL 445.317. 9
(mm) (ll) Violating section 3e, 3f, 3g, 3h, 3i, 3k, 3l, 3m, or 10
3o, or 3q. 11
(2) The attorney general may promulgate rules to implement 12
this act under the administrative procedures act of 1969, 1969 PA 13
306, MCL 24.201 to 24.328. The rules must not create an additional 14
unfair trade practice not already enumerated by this section. 15
However, to assure ensure national uniformity, rules must not be 16
promulgated to implement subsection (1)(dd) or (ee). 17
(3) Subsection (1)(hh) does not apply to either of the 18
following: 19
(a) Providing a service related to the administration of 20
health-related or dental-related benefits or services to patients, 21
including provider contracting or credentialing. This subdivision 22
is intended to limit the application of subsection (1)(hh) and is 23
not intended to imply that this act would otherwise apply to 24
health-related or dental-related benefits. 25
(b) An employer providing benefits or services to an employee. 26
Sec. 3q. (1) Except as otherwise provided in this section, a 27
person engaged in trade or commerce shall not use surveillance 28
pricing in the sale of goods and services. A person is not in 29
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violation of this section if any of the following are met: 1
(a) The person is doing business under a law of this state, 2
another state, or the United States, relating to financial 3
institutions and their respective subsidiaries, affiliates, and 4
holding companies. 5
(b) The person is basing the price or specific terms of 6
extending credit, a refusal to extend credit on specific terms, or 7
the refusal to enter into a transaction with a specific consumer on 8
data provided in a consumer report used in compliance with the fair 9
credit reporting act, 15 USC 1681 to 1681x. 10
(c) The person is basing the price or specific terms of 11
extending credit, a refusal to extend credit on specific terms, or 12
the refusal to enter into a transaction with a specific commercial 13
enterprise based on data provided in a commercial credit report. 14
(d) The person is pricing insurance or insurance-related 15
products. 16
(2) Notwithstanding anything in this act to the contrary, this 17
section and section 3(1)(ll) may be enforced only by the attorney 18
general or a prosecuting attorney. A person other than the attorney 19
general and a prosecuting attorney shall not bring an action under 20
section 11 in relation to a violation of this section or section 21
3(1)(ll). 22
(3) As used in this section: 23
(a) "Dynamic pricing" means a pricing system that alters the 24
cost of a good or service based on non-individualized consumer 25
data, which includes, but is not limited to, the date, time, 26
location, weather, events, purchase history, competitor pricing, or 27
demand. 28
(b) "Retailer loyalty program" means a system of pricing that 29
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may decrease the price of a good or service and may use an 1
individual's personal identifiable data. A retailer loyalty program 2
may include, but is not limited to, a promotion, coupon, price 3
reduction, subscription model, rebate, reward, loyalty benefit, 4
manufacturer-funded or third-party-funded promotion, or other 5
benefit. 6
(c) "Surveillance pricing" means a pricing system that 7
increases the price of a good or service based on an individual's 8
personal identifiable data, which includes, but is not limited to, 9
device type, MAC address, IP address, individual cookies, 10
geolocation, search history, or purchasing habits. Surveillance 11
pricing does not include dynamic pricing, taxes, delivery fees, or 12
a retailer loyalty program. 13
Enacting section 1. This amendatory act takes effect 30 days 14
after the date it is enacted into law. 15
Enacting section 2. This amendatory act does not take effect 16
unless House Bill No. 6099 of the 103rd Legislature is enacted into 17
law. 18