Bill Text: MI HB6099 | 2025-2026 | 103rd Legislature | Introduced
Bill Title: Trade: consumer goods and services; use of surveillance pricing in the sale of certain consumer items; prohibit. Amends secs. 2 & 7 of 2011 PA 15 (MCL 445.312 & 445.317). TIE BAR WITH: HB 6098'26
Sponsorship: Partisan Bill (Republican 6)
Status: (Introduced) 2026-06-17 - Bill Electronically Reproduced 06/16/2026 [HB6099 Detail]
Download: Michigan-2025-HB6099-Introduced.html
HOUSE BILL NO. 6099
A bill to amend 2011 PA 15, entitled
"Shopping reform and modernization act,"
by amending sections 2 and 7 (MCL 445.312 and 445.317).
the people of the state of michigan enact:
(a) "Advertise" means the use or dissemination of an advertising advertisement by a person that is subject to this act.
(b) "Advertising" or "advertisement" means a communication or representation that is disseminated in any manner by any means for the purpose of inducing, or that is likely to induce, directly or indirectly, the purchase of a consumer item, good, merchandise, or commodity.
(c) "Automatic checkout system" means an electronic device, computer, or machine that determines the price of a consumer item by using a product identity code. An automatic checkout system may, but is not required to, include an optical scanner.
(d) "Consumer item" means an article of tangible personal property used or consumed, or bought for use or consumption, primarily for personal, family, or household purposes.
(e) A price is "displayed" for a consumer item if the price is stamped, affixed, or otherwise marked on the consumer item; or the price of the consumer item is displayed, by signage, by an electronic reader, or by any other method that clearly and reasonably conveys the current price of the consumer item, to a consumer when in the store at the place where the item is located.
(f) "Dynamic pricing" means a pricing system that alters the cost of a consumer item based on non-individualized consumer data, which includes, but is not limited to, the date, time, location, weather, events, purchase history, competitor pricing, or demand.
(g) (f) "Person" means an individual, corporation, limited liability company, partnership, association, or other legal entity.
(h) "Retailer loyalty program" means a system of pricing that may decrease the price of a consumer item and may use an individual's personal identifiable data. A retailer loyalty program may include, but is not limited to, a promotion, coupon, price reduction, subscription model, or other benefit for the retention of an existing customer.
(i) (g) "Sale at retail" means a transfer of an interest in a consumer item by a person that is regularly and principally engaged in the business of selling consumer items to a buyer for use or consumption and not for resale.
(j) "Surveillance pricing" means a pricing system that increases the price of a consumer item based on an individual's personal identifiable data, which includes, but is not limited to, device type, MAC address, IP address, individual cookies, geolocation, search history, or purchasing habits. Surveillance pricing does not include dynamic pricing or a retailer loyalty program.
(k) (h) "Total price" means the full purchase price of a consumer item, excluding sales tax and container deposit.
Sec. 7. (1) Except as otherwise provided in subsection (2), a person shall display the total price of a consumer item offered for sale at retail at the place of the retail sale.
(2) Subsection (1) does not apply to any of the following:
(a) A consumer item that is sold by weight or volume and is not in a package or container.
(b) A consumer item sold in a coin-operated vending machine.
(c) Prepared food intended for immediate consumption, as that term is defined in section 4g of the general sales tax act, 1933 PA 167, MCL 205.54g.
(d) A consumer item purchased by mail or through catalog order, or that is not otherwise visible for inspection by the consumer at the time of the sale, and that is ordered or requested by the consumer, if the price of the consumer item is on the consumer's written order or request or on a bill, invoice, or other notice that describes or names the consumer item and is enclosed with the consumer item.
(e) An unpackaged food item.
(f) A consumer item that has a total weight of not more than 3 ounces, a total volume of not more than 3 cubic inches, and a total price of not more than 30 cents.
(g) Live plants.
(h) Live animals.
(i) Motor vehicles.
(j) Motor vehicle parts.
(k) Packages of 20 or fewer cigarettes.
(l) Greeting cards that are sold individually and have a readable coded price on the back of the card.
(m) Merchandise that is ordered as a gift by a consumer and is sent by mail or other delivery service to a person other than the consumer by the retailer at the request of the consumer.
(3) A person shall not use surveillance pricing in the display of the total price of a consumer item offered for sale at retail. A violation of this subsection constitutes a violation of the Michigan consumer protection act, 1976 PA 331, MCL 445.901 to 445.922.
Enacting section 1. This amendatory act takes effect 30 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless House Bill No. ____ (request no. H07113'26) of the 103rd Legislature is enacted into law.
