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SENATE BILL NO. 992
A bill to amend 2011 PA 15, entitled
"Shopping reform and modernization act,"
by amending section 2 (MCL 445.312) and by adding section 7a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act: 1
(a) "Advertise" means the use or dissemination of an 2
advertising advertisement by a person that is subject to this act. 3
(b) "Advertising" or "advertisement" means a communication or 4
representation that is disseminated in any manner by any means for 5
May 20, 2026, Introduced by Senators CHERRY, BAYER, SHINK, IRWIN and GEISS and
referred to Committee on Economic and Community Development.
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the purpose of inducing, or that is likely to induce, directly or 1
indirectly, the purchase of a consumer item, good, merchandise, or 2
commodity. 3
(c) "Automatic checkout system" means an electronic device, 4
computer, or machine that determines the price of a consumer item 5
by using a product identity code. An automatic checkout system may, 6
but is not required to, include an optical scanner. 7
(d) "Consumer item" means an article of tangible personal 8
property used or consumed, or bought for use or consumption, 9
primarily for personal, family, or household purposes. 10
(e) A price is "displayed" for a consumer item if the price is 11
stamped, affixed, or otherwise marked on the consumer item; or the 12
price of the consumer item is displayed, by signage, by an 13
electronic reader, or by any other method that clearly and 14
reasonably conveys the current price of the consumer item, to a 15
consumer when in the store at the place where the item is located. 16
(f) "Dynamic pricing" means a pricing system that adjusts the 17
price of a consumer item at any time, including outside of a 18
business's normal hours of operation, and is based on external 19
conditions that may include, but are not limited to, any of the 20
following: 21
(i) The time of day. 22
(ii) The day of the week. 23
(iii) The weather or temperature. 24
(iv) Customer attributes, including, but not limited to, 25
location, demographic profile, purchase history, or an individual 26
or group characteristic protected under the Elliott-Larsen civil 27
rights act, 1976 PA 453, MCL 37.2101 to 37.2804. 28
(g) (f) "Person" means an individual, corporation, limited 29
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liability company, partnership, association, or other legal entity. 1
(h) (g) "Sale at retail" means a transfer of an interest in a 2
consumer item by a person that is regularly and principally engaged 3
in the business of selling consumer items to a buyer for use or 4
consumption and not for resale. 5
(i) (h) "Total price" means the full purchase price of a 6
consumer item, excluding sales tax and container deposit. 7
Sec. 7a. (1) A person shall not use dynamic pricing in the 8
display of the total price of a consumer item offered for sale at 9
retail. 10
(2) A person may adjust the price of consumer items for 11
spoilage, restocking, or time-limited promotions if the adjusted 12
price meets all of the following conditions: 13
(a) Is made by an employee of the person adjusting the price. 14
(b) Is applied uniformly to all customers. 15
(c) Is clearly displayed. 16
(3) A person may use digital price tags to display the total 17
price of a consumer good if the total price displayed on the 18
digital price tag matches the total price charged at the point of 19
sale and the total price is not subject to dynamic pricing. 20
(4) This section does not prohibit a customer from utilizing a 21
uniformly available coupon, loyalty discount, or manufacturer 22
rebate that is offered on the same terms to every customer and does 23
not vary according to an external condition described in section 24
2(f). 25
(5) A violation of this section constitutes a violation of the 26
Michigan consumer protection act, 1976 PA 331, MCL 445.901 to 27
445.922. 28
Enacting section 1. This amendatory act does not take effect 29
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Final Page
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unless Senate Bill No. 993 of the 103rd Legislature is enacted into 1
law. 2