Read the full stored bill text
VMP S05969'25_SB0991_INTR_1 o2fetr
SENATE BILL NO. 991
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 3j.
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
May 20, 2026, Introduced by Senators MCMORROW, IRWIN, CHANG, BAYER, SINGH,
SHINK, CAMILLERI, POLEHANKI, GEISS, CHERRY, KLINEFELT, MOSS and HERTEL
and referred to Committee on Economic and Community Development.
2
VMP S05969'25_SB0991_INTR_1 o2fetr
services. 1
(b) Using deceptive representations or deceptive designations 2
of geographic origin in connection with goods or services. 3
(c) Representing that goods or services have sponsorship, 4
approval, characteristics, ingredients, uses, benefits, or 5
quantities that they the goods or services do not have or that a 6
person has sponsorship, approval, status, affiliation, or 7
connection that he or she the person does not have. 8
(d) Representing that goods are new if they the goods are 9
deteriorated, altered, reconditioned, used, or secondhand. 10
(e) Representing that goods or services are of a particular 11
standard, quality, or grade, or that goods are of a particular 12
style or model, if they the goods are of another. 13
(f) Disparaging the goods, services, business, or reputation 14
of another by false or misleading representation of fact. 15
(g) Advertising or representing goods or services with intent 16
not to dispose of those goods or services as advertised or 17
represented. 18
(h) Advertising goods or services with intent not to supply 19
reasonably expectable public demand, unless the advertisement 20
discloses a limitation of quantity in immediate conjunction with 21
the advertised goods or services. 22
(i) Making false or misleading statements of fact concerning 23
the reasons for, existence of, or amounts of price reductions. 24
(j) Representing that a part, replacement, or repair service 25
is needed when it is not. 26
(k) Representing to a party to whom goods or services are 27
supplied that the goods or services are being supplied in response 28
to a request made by or on behalf of the party, when they the goods 29
3
VMP S05969'25_SB0991_INTR_1 o2fetr
or services are not. 1
(l) Misrepresenting that because of some defect in a consumer's 2
home the health, safety, or lives of the consumer or his or her the 3
family of the consumer are in danger if the product or services are 4
not purchased, when in fact the defect does not exist or the 5
product or services would not remove the danger. 6
(m) Causing a probability of confusion or of misunderstanding 7
with respect to the authority of a salesperson, representative, or 8
agent to negotiate the final terms of a transaction. 9
(n) Causing a probability of confusion or of misunderstanding 10
as to the legal rights, obligations, or remedies of a party to a 11
transaction. 12
(o) Causing a probability of confusion or of misunderstanding 13
as to the terms or conditions of credit if credit is extended in a 14
transaction. 15
(p) Disclaiming or limiting the implied warranty of 16
merchantability and fitness for use, unless a disclaimer is clearly 17
and conspicuously disclosed. 18
(q) Representing or implying that the subject of a consumer 19
transaction will be provided promptly, or at a specified time, or 20
within a reasonable time, if the merchant knows or has reason to 21
know it will not be so provided. 22
(r) Representing that a consumer will receive goods or 23
services free or without charge, or using words of similar import 24
in the representation, without clearly and conspicuously disclosing 25
with equal prominence in immediate conjunction with the use of 26
those words the conditions, terms, or prerequisites to the use or 27
retention of the goods or services advertised. 28
(s) Failing to reveal a material fact, the omission of which 29
4
VMP S05969'25_SB0991_INTR_1 o2fetr
tends to mislead or deceive the consumer, and which fact could not 1
reasonably be known by the consumer. 2
(t) Entering into a consumer transaction in which the consumer 3
waives or purports to waive a right, benefit, or immunity provided 4
by law, unless the waiver is clearly stated and the consumer has 5
specifically consented to it. 6
(u) Failing, in a consumer transaction that is rescinded, 7
canceled, or otherwise terminated in accordance with the terms of 8
an agreement, advertisement, representation, or provision of law, 9
to promptly restore to the any person or persons entitled to it a 10
deposit, down payment, or other payment, or in the case of property 11
traded in but not available, the greater of the agreed value or the 12
fair market value of the property, or to cancel within a specified 13
time or an otherwise reasonable time an acquired security interest. 14
(v) Taking or arranging for the consumer to sign an 15
acknowledgment, certificate, or other writing affirming acceptance, 16
delivery, compliance with a requirement of law, or other 17
performance, if the merchant knows or has reason to know that the 18
statement is not true. 19
(w) Representing that a consumer will receive a rebate, 20
discount, or other benefit as an inducement for entering into a 21
transaction, if the benefit is contingent on an event to occur 22
subsequent to the consummation of the transaction. 23
(x) Taking advantage of the consumer's inability reasonably to 24
protect his or her the consumer's interests by reason of 25
disability, illiteracy, or inability to understand the language of 26
an agreement presented by the other party to the transaction who 27
knows or reasonably should know of the consumer's inability. 28
(y) Gross discrepancies between the oral representations of 29
5
VMP S05969'25_SB0991_INTR_1 o2fetr
the seller and the written agreement covering the same transaction 1
or failure of the other party to the transaction to provide the 2
promised benefits. 3
(z) Charging the consumer a price that is grossly in excess of 4
the price at which similar property or services are sold. 5
(aa) Causing coercion and duress as the result of the time and 6
nature of a sales presentation. 7
(bb) Making a representation of fact or statement of fact 8
material to the transaction such that a person reasonably believes 9
the represented or suggested state of affairs to be other than it 10
actually is. 11
(cc) Failing to reveal facts that are material to the 12
transaction in light of representations of fact made in a positive 13
manner. 14
(dd) Subject to subdivision (ee), representing as the 15
manufacturer of a product or package that the product or package is 16
1 or more of the following: 17
(i) Except as provided in subparagraph (ii), recycled, 18
recyclable, degradable, or is of a certain recycled content, in 19
violation of guides for the use of environmental marketing claims, 20
16 CFR part 260. 21
(ii) For container holding devices regulated under part 163 of 22
the natural resources and environmental protection act, 1994 PA 23
451, MCL 324.16301 to 324.16303, degradable contrary to the 24
definition provided of degradable as that term is defined in that 25
act.section 16301 of the natural resources and environmental 26
protection act, 1994 PA 451, MCL 324.16301. 27
(ee) Representing that a product or package is degradable, 28
biodegradable, or photodegradable unless it can be substantiated by 29
6
VMP S05969'25_SB0991_INTR_1 o2fetr
evidence that the product or package will completely decompose into 1
elements found in nature within a reasonably short period of time 2
after consumers use the product and dispose of the product or the 3
package in a landfill or composting facility, as appropriate. 4
(ff) Offering a consumer a prize if the consumer is required 5
to submit to a sales presentation to claim the prize, unless a 6
written disclosure is given to the consumer at the time the 7
consumer is notified of the prize and the written disclosure meets 8
all of the following requirements: 9
(i) Is written or printed in a bold type that is not smaller 10
than 10-point. 11
(ii) Fully describes the prize, including its the prize's cash 12
value, won by the consumer. 13
(iii) Contains all the terms and conditions for claiming the 14
prize, including a statement that the consumer is required to 15
submit to a sales presentation. 16
(iv) Fully describes the product, real estate, investment, 17
service, membership, or other item that is or will be offered for 18
sale, including the price of the least expensive item and the most 19
expensive item. 20
(gg) Violating 1971 PA 227, MCL 445.111 to 445.117, in 21
connection with a home solicitation sale or telephone solicitation, 22
including, but not limited to, having an independent courier 23
service or other third party pick up a consumer's payment on a home 24
solicitation sale during the period the consumer is entitled to 25
cancel the sale. 26
(hh) Except as provided in subsection (3), requiring a 27
consumer to disclose his or her the consumer's Social Security 28
number as a condition to selling or leasing goods or providing a 29
7
VMP S05969'25_SB0991_INTR_1 o2fetr
service to the consumer, unless any of the following apply: 1
(i) The selling, leasing, providing, terms of payment, or 2
transaction includes an application for or an extension of credit 3
to the consumer. 4
(ii) The disclosure is required or authorized by applicable 5
state or federal statute, rule, or regulation. 6
(iii) The disclosure is requested by a person to obtain a 7
consumer report for a permissible purpose described in section 604 8
of the fair credit reporting act, 15 USC 1681b. 9
(iv) The disclosure is requested by a landlord, lessor, or 10
property manager to obtain a background check of the individual in 11
conjunction with the rent or leasing of real property. 12
(v) The disclosure is requested from an individual to effect, 13
administer or enforce a specific telephonic or other electronic 14
consumer transaction that is not made in person but is requested or 15
authorized by the individual if it is to be used solely to confirm 16
the identity of the individual through a fraud prevention service 17
database. The consumer good or service must still be provided to 18
the consumer on verification of his or her the consumer's identity 19
if he or she the consumer refuses to provide his or her the 20
consumer's Social Security number but provides other information or 21
documentation that can be used by the person to verify his or her 22
the consumer's identity. The person may inform the consumer that 23
verification through other means than use of the Social Security 24
number may cause a delay in providing the service or good to the 25
consumer. 26
(ii) If a credit card or debit card is used for payment in a 27
consumer transaction, issuing or delivering a receipt to the 28
consumer that displays any part of the expiration date of the card 29
8
VMP S05969'25_SB0991_INTR_1 o2fetr
or more than the last 4 digits of the consumer's account number. 1
This subdivision does not apply if the only receipt issued in a 2
consumer transaction is a credit card or debit card receipt on 3
which the account number or expiration date is handwritten, 4
mechanically imprinted, or photocopied. This subdivision applies to 5
any consumer transaction that occurs on or after March 1, 2005, 6
except that if a credit or debit card receipt is printed in a 7
consumer transaction by an electronic device, this subdivision 8
applies to any consumer transaction that occurs using that device 9
only after 1 of the following dates, as applicable: 10
(i) If the electronic device is placed in service after March 11
1, 2005, July 1, 2005 or the date the device is placed in service, 12
whichever is later. 13
(ii) If the electronic device is in service on or before March 14
1, 2005, July 1, 2006. 15
(jj) Violating section 11 of the identity theft protection 16
act, 2004 PA 452, MCL 445.71. 17
(kk) Advertising or conducting a live musical performance or 18
production in this state through the use of a false, deceptive, or 19
misleading affiliation, connection, or association between a 20
performing group and a recording group. This subdivision does not 21
apply if any of the following are met: 22
(i) The performing group is the authorized registrant and owner 23
of a federal service mark for that group registered in the United 24
States Patent and Trademark Office. 25
(ii) At least 1 member of the performing group was a member of 26
the recording group and has a legal right to use the recording 27
group's name, by virtue of use or operation under the recording 28
group's name without having abandoned the name or affiliation with 29
9
VMP S05969'25_SB0991_INTR_1 o2fetr
the recording group. 1
(iii) The live musical performance or production is identified 2
in all advertising and promotion as a salute or tribute and the 3
name of the vocal or instrumental group performing is not so 4
closely related or similar to that used by the recording group that 5
it would tend to confuse or mislead the public. 6
(iv) The advertising does not relate to a live musical 7
performance or production taking place in this state. 8
(v) The performance or production is expressly authorized by 9
the recording group. 10
(ll) Violating section 3e, 3f, 3g, 3h, 3i, 3j, 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 ensure 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
Sec. 3j. (1) A person engaged in trade or commerce online 28
shall not use personalized algorithmic pricing to offer a price to 29
10
VMP S05969'25_SB0991_INTR_1 o2fetr
a consumer using an online device for a good or service that is 1
generated, in whole or in part, based on any of the following: 2
(a) The hardware or hardware state of the online device. This 3
subdivision does not prohibit the generation of a price offered to 4
a consumer based on the hardware or hardware state of the online 5
device for repairs or maintenance of the online device or for 6
calculating a trade-in value of the online device. 7
(b) The presence or absence of any software on the online 8
device. 9
(c) Geolocation data of the online device, when used to set a 10
price based on inferences about the consumer made from this data. 11
This subdivision does not prohibit the use of geolocation data of 12
the online device and the consumer's location to generate a price 13
for either of the following reasons: 14
(i) To determine pricing based on the real-time demand for the 15
good or service in the consumer's vicinity, if the good or service 16
is provided immediately on request. 17
(ii) To provide accurate pricing information based on price 18
variances at different physical locations, due to legitimate cost 19
differentials associated with providing a good or service to 20
different consumers or state or local government taxes, duties, or 21
other fees imposed by state or local government on the transaction. 22
(d) Protected class data, if either of the following applies: 23
(i) The use of the protected class data withholds or denies an 24
accommodation, advantage, or privilege to the consumer that is 25
received by other consumers. 26
(ii) The price for the good or service offered to the consumer 27
is different from the price of the same good or service offered to 28
another consumer or group of consumers based in whole or in part on 29
11
Final Page
VMP S05969'25_SB0991_INTR_1 o2fetr
the use of the protected class data. 1
(2) This section does not apply to an insurer licensed, 2
regulated, or otherwise authorized to do business in this state. 3
(3) As used in this section: 4
(a) "Algorithm" means a computational process that uses a set 5
of rules to define a sequence of operations. 6
(b) "Consumer data" means any data that identifies or could 7
reasonably be linked, directly or indirectly, with a specific 8
consumer or online device. 9
(c) "Dynamic pricing" means pricing that fluctuates dependent 10
on conditions where models retrain or recalibrate on information in 11
near real time. Dynamic pricing does not include pricing offers, 12
loyalty program benefits, or other temporary discounts or changes 13
to prices related to the retention of existing customers. 14
(d) "Online device" means a physical object that has built-in 15
resources that allow the object to communicate through internet or 16
short-range wireless technology and react to interface conditions, 17
including, but not limited to, a laptop computer, a desktop 18
computer, a tablet, a smartphone, or other smart hardware. 19
(e) "Personalized algorithmic pricing" means dynamic pricing 20
derived from or set by an algorithm that uses consumer data that 21
varies among consumers or consumer populations. 22
(f) "Protected class data" means information about a consumer 23
that directly, in combination, or by implication identifies a 24
characteristic that is legally protected from discrimination under 25
the laws of this state or under federal law including, but not 26
limited to, ethnicity, national origin, age, disability, sex, 27
sexual orientation, gender identity and expression, pregnancy 28
outcomes, and reproductive health care. 29