2020 House Bill 5794

Expand “Consumer Protection Act” violations to all that is not permitted

Introduced in the House

May 20, 2020

Introduced by Rep. Abdullah Hammoud (D-15)

To expand the scope of conduct subject to sanction under a Michigan Consumer Protection Act to include any commercial method, act, or practice that is not “expressly permitted by a statute, rule, or regulation” if it is alleged to be “unfair, unconscionable, or deceptive.” Under current law the Act does not apply to “conduct specifically authorized under laws administered by a regulatory board or officer acting under statutory authority.” Over the years courts have interpreted this exclusion as in effect limiting a form of enforcement “double jeopardy” on professions subject to a comprehensive regulatory regime.

Referred to the Committee on Commerce and Tourism