SB 134 — Consumer protection: other; amendments to the Michigan consumer protection act; provide for. Amends title & secs. 2, 4, 5, 10 & 15 of 1976 PA 331 (MCL 445.902 et seq.) & adds secs. 4a, 5a, 8a & 21a.

SB-134, As Passed Senate, June 10, 2025 SENATE BILL NO.

TITLE An act to prohibit certain methods, acts, and practices in VMP S02023'25 *_SB0134_INTR_1*_SB134_APS_1 6ksx759hi2yg 1 trade or commerce;

As used in this subparagraph, "guarantee" means a written or oral representation that would cause a reasonable person VMP S02023'25 *_SB0134_INTR_1*_SB134_APS_1 6ksx759hi2yg 1 in the purchaser's position to believe that income is assured.

VMP S02023'25 *_SB0134_INTR_1*_SB134_APS_1 6ksx759hi2yg 1 (i) At least 1 of the members of the group has previously released a commercial sound recording under the group's name.

"Trade or commerce" Trade or commerce does not include the purchase or sale of a franchise, as that term is defined in section 2 of the franchise investment law, 1974 PA 269, MCL 445.1502, but does VMP S02023'25 *_SB0134_INTR_1*_SB134_APS_1 6ksx759hi2yg 1 include a pyramid promotional scheme as that term is defined in section 2 of the pyramid promotional scheme act, 2018 PA 186, MCL 445.2582.

VMP S02023'25 *_SB0134_INTR_1*_SB134_APS_1 6ksx759hi2yg 1 (i) The method, act, or practice is a part of a general transaction that is specifically authorized under the laws of this state or the United States.

(3) This act does not apply to or create a cause of action for an unfair, unconscionable, or deceptive method, act, or practice that is made unlawful by chapter 20 of the insurance code of 1956, VMP S02023'25 *_SB0134_INTR_1*_SB134_APS_1 6ksx759hi2yg 1 1956 PA 218, MCL 500.2001 to 500.2093, if either of the following is met:

(4) Except as otherwise provided in this section, Subject to subsection (5), for each persistent and knowing violation of VMP S02023'25 *_SB0134_INTR_1*_SB134_APS_1 6ksx759hi2yg 1 section 3, the court in an action under this section may assess the defendant a civil fine of not more than $25,000.00.

(7) The notice required under subsection (6) may be given to the person by mail, postage prepaid, to his or her the person's usual place of business or, if the person does not have a usual place of business, to his or her the person's last known address, or, if the person is a corporation, only to a resident agent who is VMP S02023'25 *_SB0134_INTR_1*_SB134_APS_1 6ksx759hi2yg 1 designated to receive service of process or to an officer of the corporation.

VMP S02023'25 *_SB0134_INTR_1*_SB134_APS_1 6ksx759hi2yg 1 (a) Each elder or vulnerable adult solicited by the person.

(c) Produce any documentary material or tangible object for VMP S02023'25 *_SB0134_INTR_1*_SB134_APS_1 6ksx759hi2yg 1 inspection and copying.

VMP S02023'25 *_SB0134_INTR_1*_SB134_APS_1 6ksx759hi2yg 1 (a) Extend the return date for a reasonable time.

(7) A person subject to a written demand or a court order under this section that, with the intent to avoid, evade, or VMP S02023'25 *_SB0134_INTR_1*_SB134_APS_1 6ksx759hi2yg 1 prevent compliance, in whole or in part, removes, conceals, withholds, destroys, mutilates, falsifies, or by any other means alters any documentary material or tangible object identified under subsection (2)(d) in the possession, custody, or control of the person is subject to a civil fine of not more than $10,000.00 per violation.

(c) "Written demand" means a written demand under subsection VMP S02023'25 *_SB0134_INTR_1*_SB134_APS_1 6ksx759hi2yg 1 (1).

For purposes of this subdivision, a method, act, or practice shall is not be deemed to be unfair or deceptive within the meaning of section 5(a)(1) of the federal trade commission act solely because the method, act, or practice is made unlawful by VMP S02023'25 *_SB0134_INTR_1*_SB134_APS_1 6ksx759hi2yg 1 another federal statute law that refers to or incorporates section 5(a)(1) of the federal trade commission act, 15 USC 45.

VMP S02023'25 *_SB0134_INTR_1*_SB134_APS_1 6ksx759hi2yg 1 (6) (5) An action shall not be brought by the The attorney general shall not bring an action under this section more than 6 years after the occurrence of the method, act, or practice which that is the subject of the action nor or more than 1 year after the last payment in a transaction involving the method, act, or practice which that is the subject of the action, whichever period of time ends on a later date.

(c) If the amount of the attorney fees, costs, and proceeds is more than $1,000,000.00, 100% of the first $500,000.00 of attorney VMP S02023'25 *_SB0134_INTR_1*_SB134_APS_1 6ksx759hi2yg 1 fees, costs, and proceeds, 50% of the next $500,000.00 of attorney fees, costs, and proceeds, and 10% of the remainder must be deposited into the fund.

(b) At the attorney general's discretion, to educate the VMP S02023'25 *_SB0134_INTR_1*_SB134_APS_1 6ksx759hi2yg 1 public regarding consumer protection matters.

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