Advocacy News – June 11, 2025
What happened: The Michigan Senate on Tuesday passed a bill to expand the Michigan Consumer Protection Act (MCPA), exposing every regulated business and profession in Michigan to costly lawsuits.
- Despite strong opposition from the business community, including the MI Chamber, the bill advanced to the Michigan House of Representatives on a strict party-line vote, with all 19 Senate Democrats voting yes and all 18 Republicans voting no.
Why it matters: Michigan’s current regulatory compliance exemption — backed by key Michigan Supreme Court rulings — protects businesses operating within their licensed authority. SB 134 would repeal the longstanding exemption, meaning all state-regulated businesses and professions — including doctors, lawyers, banks, auto dealers, casinos, insurers, utilities, and more — could face duplicate enforcement, legal battles and steep penalties.
- Think: frivolous and abusive litigation, class action lawsuits and treble damages, and inconsistent judgments from courts and regulators.
The bigger picture: While Attorney General Dana Nessel fights to pass legislation to reshape the MCPA in the legislature, she’s also advocating for the same outcome in a case pending before the MI Supreme Court. The Court heard oral arguments in Attorney General v Eli Lilly and Company in October but has asked for additional briefs addressing whether Nessel had adequately pled a violation of the MCPA.
- What we’re watching: The next round of arguments, which are likely to take place during the court’s 2025-26 term, will give Nessel a second chance at making her case that the Court should discard two of its previous MCPA regulatory compliance exemption rulings.
- Go deeper: Read the MI Chamber’s brief in this case.
What we’re saying: Read our press statement and the coalition letter we organized.
For questions or more information, contact Wendy Block.