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.
Impact
Should SB1022 be enacted, it would significantly strengthen current measures against deceptive practices in Michigan. The amendments would allow for greater scrutiny of how businesses advertise opportunities, potentially reducing instances of fraudulent claims. The establishment of a dedicated fund for consumer protection could facilitate better enforcement and consumer education initiatives. Furthermore, the bill aims to streamline legal processes, allowing the Attorney General and prosecuting attorneys to act more swiftly against violators, ensuring consumers have access to legal remedies and education about their rights.
Summary
SB1022 proposes amendments to the Michigan Consumer Protection Act, aimed at enhancing the protection of consumers in trade and commerce. The bill outlines specific acts and practices deemed unlawful, focusing particularly on safeguarding vulnerable populations, including the elderly. It introduces new definitions, such as 'business opportunity', and sets out obligations for more transparency and accountability from businesses regarding the opportunities they offer to consumers. In addition, the bill aims to establish a consumer protection fund, which would be financed by penalties and fees collected from violations, and provide the Attorney General with enhanced authority to take legal action against offenders.
Sentiment
The sentiment surrounding SB1022 appears largely supportive, particularly among consumer advocacy groups. Proponents argue that the bill is a necessary step to ensure that consumers, especially seniors and vulnerable adults, are defended against exploitation in the marketplace. However, some business organizations express concern about the potential regulatory burden and the implications it might have on legitimate promotional practices. The debate reflects an overarching need to balance consumer protection with the freedom of businesses to operate without excessive restrictions.
Contention
One notable point of contention involves the definitions and scope of what constitutes a 'business opportunity'. Critics worry that vague language could inadvertently restrict lawful business practices while trying to eliminate fraudulent activities. Discussions in legislative meetings highlight a division between those advocating for stronger consumer protections and those emphasizing the need for a business-friendly environment. These discussions reflect broader themes of regulation versus market freedom, which will continue to evolve as the bill progresses.
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
Consumer protection: unfair trade practices; disclosure of automatic renewal provisions in consumer contracts; require. Amends sec. 3 of 1976 PA 331 (MCL 445.903) & adds sec. 3j.
Consumer protection: other; businesses that participate in round-up donation programs; require certain disclosures related to organization receiving the funds. Amends sec. 3 of 1976 PA 331 (MCL 445.903) & adds sec. 3p.
Consumer protection: unfair trade practices; refusing to accept cash in a retail sale of goods or services; prohibit. Amends sec. 3 of 1976 PA 331 (MCL 445.903).
Providing for liability for false claims, for adoption of congressional intent of the Federal False Claims Act, for damages, costs and civil penalties, for powers of Attorney General, for qui tam actions and for civil investigative demands.
Providing for liability for false claims, for adoption of congressional intent of the Federal False Claims Act, for damages, costs and civil penalties, for powers of Attorney General, for qui tam actions and for civil investigative demands.
Providing for liability for false claims, for adoption of congressional intent of the Federal False Claims Act, for damages, costs and civil penalties, for powers of Attorney General, for qui tam actions and for civil investigative demands; and establishing the Fraud Prevention and Recovery Account.