Trade: other; original equipment manufacturers of motorized wheelchairs to provide certain parts, tools, and documentation to owners and independent repair providers; require. Amends sec. 3 of 1976 PA 331 (MCL 445.903) & adds sec. 3p.
HB5722 amends the Michigan Consumer Protection Act and adds a new section focused on repair access for powered wheelchairs. The bill requires original equipment manufacturers of powered wheelchairs to make available, on fair and reasonable terms and costs, the documentation, parts, embedded software, firmware, and tools needed for diagnosis, maintenance, and repair. Manufacturers must provide requested materials within 10 business days, and if a part is no longer available, they must provide an updated or replacement part if one exists. The bill also addresses security locks, trade secrets, and software tools, while allowing manufacturers to redact trade-secret information so long as the usefulness of the materials for repair is not diminished.
The bill also expands the list of unlawful practices under the consumer protection act by restating and updating a broad range of deceptive, unfair, and misleading trade practices. These include false advertising, bait-and-switch conduct, misleading environmental claims, improper use of Social Security numbers, and violations tied to home solicitation, identity theft protections, and live musical performances using misleading group affiliations. The new repair-access section is narrowly defined to apply to powered wheelchairs and includes detailed definitions for manufacturer, owner, independent repair provider, tools, firmware, and trade secret. It also states that manufacturers are not liable for faulty repairs performed by independent repair providers or owners and does not alter existing authorized repair contracts or product liability law.
The bill’s impact on state law is to create a statutory right of access for wheelchair repair, strengthening the ability of owners and independent repair providers to service powered wheelchairs without relying solely on authorized repair networks. It would require manufacturers to share repair-related materials under specified conditions and would void future contracts that attempt to waive those obligations. The bill also updates the Michigan Consumer Protection Act’s prohibited practices list, reinforcing enforcement authority for deceptive trade practices and clarifying certain exceptions, including for health-related and dental-related services and employer-provided benefits.
Overall sentiment appears supportive of consumer access and repair rights, with the bill framed as a consumer protection and accessibility measure for people who rely on powered wheelchairs. The text and caption suggest a policy goal of reducing repair barriers and improving service availability. No committee transcripts or recorded votes were provided, so there is no direct evidence of opposition or support from debate or roll-call history in the supplied materials.
Notable points of contention, based on the bill’s structure, are likely to center on trade secret protection, manufacturer liability, and the scope of mandatory disclosure. The bill tries to balance repair access with business concerns by allowing redaction of trade-secret information and by limiting the law to powered wheelchairs rather than all consumer equipment. Another possible point of dispute is the requirement that manufacturers provide materials on terms equivalent to those offered to authorized repair providers, which could be viewed as burdensome by manufacturers but necessary by repair advocates and disability-rights stakeholders.
HB5722 would amend the Michigan Consumer Protection Act, MCL 445.903, and add a new MCL 445.903p governing repair access for powered wheelchairs. It would impose affirmative disclosure and supply obligations on original equipment manufacturers, prohibit contractual waivers of those obligations in future agreements, and preserve existing product liability and authorized-repair arrangements. It also broadens and reorganizes the statute’s list of prohibited unfair or deceptive practices, affecting merchants, consumers, repair providers, and wheelchair manufacturers.
The bill’s apparent policy direction is consumer- and accessibility-oriented, with a strong pro-repair sentiment reflected in the requirement that manufacturers provide parts, tools, firmware, and documentation for powered wheelchair repair. Because no committee testimony or votes were included, the available record does not show formal opposition or support, but the statutory design suggests an effort to balance repair access with protections for trade secrets and manufacturer liability.
The main likely points of contention are the extent of mandatory repair access, the treatment of trade secrets, and whether manufacturers should be compelled to provide software and diagnostic tools to independent repair providers and owners. Manufacturers may object to the cost, administrative burden, and potential disclosure of proprietary information, while supporters are likely to argue that access is necessary for timely, affordable wheelchair repair. The bill’s limitation to powered wheelchairs and its carve-outs for unavailable parts, trade secrets, and existing authorized-repair contracts appear designed to address those concerns.