Michigan 2023-2024 Regular Session

Michigan House Bill HB5360

Introduced
11/14/23  
Refer
11/14/23  
Refer
1/10/24  

Caption

Consumer protection: solicitations; citations to the motor vehicle sales finance act in 1971 PA 227; revise. Amends sec. 1 of 1971 PA 227 (MCL 445.111). TIE BAR WITH: HB 5354'23

Impact

The proposed changes in HB 5360 are centered around establishing clearer guidelines for consumer protection concerning unsolicited sales practices. By tightening the definitions and regulatory requirements for home and telephone solicitations, the bill seeks to enhance consumer rights and reduce potential fraudulent activities. The Michigan legislature intends to ensure that consumers are better informed and protected against aggressive sales tactics that may occur outside business locations.

Summary

House Bill 5360 aims to amend the 1971 Public Act 227, which governs the rights and duties of parties involved in home solicitation sales, as well as regulating telephone solicitations. The bill updates definitions and provisions related to what constitutes a home solicitation sale, which involves transactions made over $25 in which a seller or their representative engages with a buyer at their residence. Key exemptions from this definition include sales made after prior negotiations at a business establishment and certain types of insurance sales, among others.

Contention

Notable points of contention regarding HB 5360 may emerge around the balance between consumer protection and the rights of sellers to conduct business via solicitation. While proponents argue that the bill fortifies consumer rights in an age of increasing solicitation tactics, detractors may voice concerns about unnecessary restrictions that could limit legitimate sales opportunities. Additionally, the interplay with existing laws and regulations may spark debates about the adequacy of the proposed amendments in addressing current consumer protection needs.

Companion Bills

MI HB5354

Same As Trade: vehicles; motor vehicle sales finance act; modify. Amends title & secs. 2, 4, 5, 6, 6a, 7, 8, 9, 10, 11, 12, 13, 13a, 14, 14a, 15, 16, 16a, 17, 18, 19, 20, 21, 22, 22a, 28, 29, 30, 31 & 34 of 1950 (Ex Sess) PA 27 (MCL 492.102 et seq.); adds secs. 4a, 9a & 37a & repeals secs. 37 & 41 of 1950 (Ex Sess) PA 27 (MCL 492.137 & 492.141). TIE BAR WITH: HB 5355'23, HB 5356'23, HB 5357'23, HB 5358'23, HB 5359'23, HB 5360'23, HB 5361'23, HB 5362'23, HB 5363'23, HB 5364'23, HB 5365'23, HB 5366'23, HB 5367'23

Previously Filed As

MI SB0354

Consumer protection: solicitations; provisions relating to the regulation of home solicitations and telephone solicitations; remove telephone solicitations. Amends title & secs. 1 & 3 of 1971 PA 227 (MCL 445.111 & 445.113) & repeals secs. 1a - 1e of 1971 PA 227 (MCL 445.111a - 445.111e). TIE BAR WITH: SB 0351'25

MI SB1040

Consumer protection: solicitations; provisions relating to the regulation of home solicitations and telephone solicitations; remove telephone solicitations. Amends title & secs. 1 & 3 of 1971 PA 227 (MCL 445.111 & 445.113) & repeals secs. 1a - 1e of 1971 PA 227 (MCL 445.111a - 445.111e).

MI HB5361

Consumer protection: retail installment sales; citations to the motor vehicle sales finance act in the retail installment sales act; revise. Amends secs. 1a, 3, 5, 6 & 11 of 1966 PA 224 (MCL 445.851a et seq.). TIE BAR WITH: HB 5354'23

MI HB5362

Consumer protection: other; citations to the motor vehicle sales finance act in the credit reform act; revise. Amends secs. 2 & 5 of 1995 PA 162 (MCL 445.1852 & 445.1855). TIE BAR WITH: HB 5354'23

MI HB5359

Consumer protection: identity theft; citations to the motor vehicle sales finance act in the identity theft protection act; revise. Amends sec. 3 of 2004 PA 452 (MCL 445.63). TIE BAR WITH: HB 5354'23

MI HB5363

Consumer protection: other; citations to the motor vehicle sales finance act in the consumer financial services act; revise. Amends secs. 2 & 6 of 1988 PA 161 (MCL 487.2052 & 487.2056). TIE BAR WITH: HB 5354'23

MI HB5365

Consumer protection: other; citations to the motor vehicle sales finance act in the guaranteed asset protection waiver act; revise. Amends sec. 3 of 2009 PA 229 (MCL 492.23). TIE BAR WITH: HB 5354'23

MI HB5356

Occupations: lobbyists; citations to the motor vehicle sales finance act in 1978 PA 472; revise. Amends sec. 4 of 1978 PA 472 (MCL 4.414). TIE BAR WITH: HB 5354'23

MI SB0347

Consumer protection: other; enforcement of the motor vehicle financial protection products act; provide for under the consumer protection act. Amends sec. 3 of 1976 PA 331 (MCL 445.903). TIE BAR WITH: SB 0343'23

MI SB1039

Consumer protection: solicitations; unfair trade practices; revise practices relating to deceptive telephone solicitations. Amends sec. 3 of 1976 PA 331 (MCL 445.903). TIE BAR WITH: SB 1037'24

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