Michigan Compiled Laws
Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922)
Section 445.903m - Online State Services by Unaffiliated Third Party; Requirements.

Sec. 3m.
(1) If a third party charges customers a fee or requires customers to disclose personal information for online services that are similar to online services performed by a governmental agency in this state and the third party is not affiliated with that governmental agency or under contract with that governmental agency to provide those online services, the third party shall do all of the following:
(a) Have a conspicuous notification on the website offering those online services stating that the third party is not a governmental agency of this state.
(b) Have a conspicuous notification on the website offering those online services stating that the third party's services are not endorsed or approved by a governmental agency of this state.
(c) Have a conspicuous notification on the website offering those online services stating that the third party is not affiliated with a governmental agency of this state or under contract with a governmental agency of this state to provide those online services.
(d) Provide a link on the website offering those online services to the website of the governmental agency of this state on which a person may utilize the governmental agency's online service.
(e) Before a transaction for an online service is completed, ensure that a conspicuous notification of any fee it will charge for the online service occurs.
(2) A person that is not part of or associated with a governmental entity shall not do any of the following:
(a) Simulate a summons, complaint, jury notice, or other court, judicial, or administrative process of any kind.
(b) Represent, imply, or otherwise engage in an action that may reasonably cause confusion that the person using or employing the action is a part of or associated with a governmental entity.
(c) Represent, imply, or otherwise reasonably cause confusion that goods, services, an advertisement, or an offer was disseminated by or has been approved, authorized, or endorsed, in whole or in part, by a governmental entity, when such is not true.
(d) Use or employ language, symbols, logos, representations, statements, titles, names, seals, emblems, insignia, trade or brand names, business or control tracking numbers, website or email addresses, or any other term, symbol, or other content that represents or implies or otherwise reasonably causes confusion that goods, services, an advertisement, or an offer is from a governmental entity, when such is not true.
(3) As used in this section:
(a) "Conspicuous notification" means, at a minimum, for a notification that is on a website, a notification that is on the opening page of that website, is in a type size that is the same or larger than the largest type size on that website, and is in boldface, capital letters.
(b) "Governmental agency" means this state or a political subdivision of this state.
(c) "Online services performed by a governmental agency in this state" means any service that a governmental agency in this state offers to members of the public on a website, including processes for booking appointments, completing or filing forms, downloading documents, and making payments.
(d) "Third party" means a person that is not an agency, department, or division of this state.
History: Add. 2021, Act 46, Eff. Mar. 30, 2022 ;-- Am. 2022, Act 22, Eff. Mar. 30, 2022

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 445 - Trade and Commerce

Act 331 of 1976 - Michigan Consumer Protection Act (445.901 - 445.922)

Section 445.901 - Short Title.

Section 445.902 - Definitions.

Section 445.903 - Unfair, Unconscionable, or Deceptive Methods, Acts, or Practices in Conduct of Trade or Commerce; Rules; Applicability of Subsection (1)(hh).

Section 445.903a - Home Appliance; Contents of Service Contract.

Section 445.903b - Failure of Seller to File Notice Unlawful; Form and Contents of Notice; Notice of Change in Information; Reference to MCL 445.903 Includes Reference to This Section.

Section 445.903c - Advertising or Listing in Telephone Directory; Misrepresenting Name or Location Prohibited; Violation; Penalty; Applicability to Telephone Service Provider, Publisher, or Distributor.

Section 445.903d - Advertising or Listing in Telephone Directory; Misrepresenting Name or Location Prohibited; Violation; Penalty; Applicability to Telephone Service Provider, Publisher, or Distributor.

Section 445.903e - Issuance of Gift Certificate; Prohibited Conduct; Definitions.

Section 445.903f - Possession or Use of Gift Certificate; Charging Service Fee Prohibited; "Service Fee" Defined.

Section 445.903g - Expiration of Gift Certificate; Limitation.

Section 445.903h - Vehicle Rental Transaction; Inclusion of Vehicle License Cost Recovery Fee; Amount; Fee in Excess of Costs; Duties of Car Rental Company; Definitions.

Section 445.903i - Ownership or Operation of Clothing Donation Box; Definitions.

Section 445.903k - Providing, Offering, or Receiving Compensation for Providing or Offering of Veterans' Benefit Service; Advertising or Promoting Event Regarding Veterans' Pension or Medical Benefits; Limitations; Definitions.

Section 445.903l - Third-Party Delivery Service; Prohibition on Use of Likeness, Trademark, or Other Property of Restaurant; Written Agreement; Definitions.

Section 445.903m - Online State Services by Unaffiliated Third Party; Requirements.

Section 445.903n - Definitions for MCL 445.903o.

Section 445.903o - Regulation and Verification of Online Marketplace and Third-Party Sellers; Information for Consumers; Requirements; Failure to Comply; Suspension; Enforcement.

Section 445.904 - Exemptions; Burden of Proof.

Section 445.905 - Action to Restrain Defendant by Temporary or Permanent Injunction; Venue; Costs; Civil Penalty; Notice to Defendant; Notice to Attorney General; Violation of Injunction, Order, Decree, or Judgment; Civil Fine; Retention of Jurisdict...

Section 445.906 - Assurance of Discontinuance of Method, Act, or Practice.

Section 445.907 - Subpoena; Notice; Confidentiality; Penalty.

Section 445.908 - Compliance With Notice; Conduct Requiring Assessment of Civil Penalty; Petition for Order to Enforce Compliance; Violation of Final Order; Injunction.

Section 445.909 - Publication, Public Inspection and Copying, and Distribution of Rules, Final Judgments, Assurance of Discontinuance, and Other Matters; Request; Fee.

Section 445.909a - List of Consumer Complaints.

Section 445.910 - Class Action by Attorney General for Actual Damages; Order; Hearing; Receiver; Sequestration of Assets; Cost of Notice; Limitations.

Section 445.911 - Action by Person for Declaratory Judgment, Injunction, or Actual Damages; Class Action by Person for Actual Damages; Order; Hearing; Receiver; Sequestration of Assets; Cost of Notice; Limitations.

Section 445.912 - Mailing Copy of Complaint, Judgment, Decree, or Order to Attorney General; Violation of Injunction as Evidence.

Section 445.913 - Filing Fees for Commencing Action or Filing Voluntary Assurance.

Section 445.914 - Investigation by Law Enforcement Officer.

Section 445.915 - Investigation and Prosecution by Prosecuting Attorney.

Section 445.916 - Other Causes of Action Not Affected; Inconsistent Ordinance or Regulation Prohibited.

Section 445.917 - Investigation of Financial Institutions; Subpoena; Report.

Section 445.918 - Investigation of Public Utilities; Subpoena; Report.

Section 445.919 - Investigation of Certain Persons by Cemetery Commission; Subpoena; Report.

Section 445.920 - Investigation of Certain Persons by Director of Department of Energy, Labor, and Economic Growth; Subpoena; Report.

Section 445.921 - Investigation of Certain Persons by Commissioner of Insurance; Subpoena; Report.

Section 445.922 - Effective Date.