The bill amends the Michigan Consumer Protection Act by introducing new sections and updating existing provisions to enhance consumer protections, particularly for elder persons and vulnerable adults. It establishes civil fines for violations, with penalties reaching up to $25,000 for general infractions and $50,000 for persistent violations. The bill also clarifies definitions related to business opportunities, nonprofit organizations, small businesses, and trade or commerce, ensuring they align with current legal standards. Additionally, it empowers the attorney general to initiate class action lawsuits on behalf of affected individuals, allowing for the recovery of actual damages or a minimum of $250 per class member.
Furthermore, the bill introduces limitations on actions brought by the attorney general, specifying that if a defendant can prove a violation was due to a bona fide error, the recovery amount will be limited to actual damages. It also establishes a consumer protection and antitrust revolving enforcement and education fund within the state treasury, detailing how attorney fees, costs, and proceeds from designated actions should be allocated. The fund is designed to support the enforcement of consumer protection laws and public education on consumer matters, with oversight from the attorney general to ensure proper administration and expenditure.