Law / United States / 
Michigan
SB 759 (2026), Michigan Consumer Protection Act amendment (Kids Code Act enforcement)
Senate Bill 759, 2025-2026 Regular Session (amending MCL 445.903)
Before the second chamber, dated , as of .
An age-appropriate design code rule binding private bodies.
- Audit expectation
- none
Where it has got to
The text described here is Senate Bill 759 as passed by the Senate, without amendment. That print is SB 759, published .
Locally, this stage is House Committee on Communications and Technology.
The stage above is recorded at www.legislature.mi.gov.
Passed the Senate 20 to 17 on (roll call 65) without a floor substitute, and referred to the House Committee on Communications and Technology the same day, with no House action recorded since. Tie-barred to Senate Bill 758.
What it requires
- The enacting sections of Senate Bill 758, the Michigan Kids Code Act, provide that it does not take effect unless this bill is enacted into law.
- This bill sets no design duty of its own: it would make a violation of the Michigan Kids Code Act (Senate Bill 758) an unfair, unconscionable, or deceptive trade practice, so the Consumer Protection Act's existing private right of action and the Attorney General's enforcement powers would apply to a Kids Code violation.
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureNo
Private right of actionYes
Penalty structure
Civil fine the court may assess in an Attorney General action under MCL 445.905(1) for a persistent and knowing violation of section 3, which the new item (ll) of MCL 445.903(1) would reach for a violation of the Kids Code Act. A person who knowingly violates the terms of an injunction, order, decree or judgment issued under section 5 forfeits a civil fine of not more than $5,000 for each violation (MCL 445.905(4)).
- Rule
- Fixed only
- As of
- Currency
- USD
- Fixed cap
- 25,000
Statutory damages
The Michigan Consumer Protection Act's general private-action floor (MCL 445.911(2)) reaches a violation of this bill's newly added item (ll), violating the Kids Code Act, because section 3(1) is the 'act' section 11 refers to. A narrower $5,000 floor in MCL 445.911(3) applies only to a violation of a different provision, section 3l, and does not reach item (ll). The floor does not apply in a class action: MCL 445.911(2) opens with the words "Except in a class action", and a class action under MCL 445.911(4) recovers actual damages only.
- As of
- Currency
- USD
- Per person minimum
- 250
- Class action available
- Yes
Who enforces it
Enforcement body
Consumers, by private civil action under the Michigan Consumer Protection Act; Michigan Attorney General
Settledness
- As of
- Open questions
- Does the civil fine of "not more than $25,000.00" that MCL 445.905(1) allows for "persistent and knowing violation of section 3" apply to a violation of the Kids Code Act in addition to the civil fine of not more than $50,000.00 for each violation in Section 19(2) of Senate Bill 758?
What it makes you log
Logging duty
Senate Bill 759 amends MCL 445.903 only to list a violation of the kids code act as an unfair, unconscionable or deceptive method, act or practice. It creates no record, audit or retention duty of its own; the age-verification data limit sits in Senate Bill 758, section 11(2), a sibling bill this row does not cite.
- Kind
- None
- As of
What this law does
Would amend the Michigan Consumer Protection Act to add violating the Michigan Kids Code Act (Senate Bill 758) to the Act's list of unfair, unconscionable, or deceptive trade practices, arming the Consumer Protection Act's existing private right of action and the Attorney General's enforcement powers for a Kids Code violation.
Tie-barred to Senate Bill 758, which does not take effect unless this bill is also enacted; passed the Senate 20 to 17 on and is pending in the House Committee on Communications and Technology.
When LexLint raises it
When your app profile says your app serves under-18s.
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