Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

Can I use social media to promote my business without violating advertising laws in Michigan? What are the requirements?

Yes, you can use social media to promote your business in Michigan as long as you comply with the state’s advertising laws. The Michigan Consumer Protection Act (MCPA) prohibits false, deceptive, or misleading advertising [3.1]. Here are some requirements you should keep in mind:

Prohibited Representations

Under Michigan law, a person transacting business in the state, other than a licensee, shall not use a name or title that indicates that the person is a business and industrial development company, including but not limited to use of the term “BIDCO,” and shall not otherwise represent that the person is a business and industrial development company or a licensee [1.2].

False Advertising

Michigan law prohibits false advertising, which includes any assertion, representation, or statement or illustration, including statements of present or former sale price or value, which is false, deceptive, or misleading, or calculated to subject another person to disadvantage or injury through the publication of false or deceptive statements or as part of a plan or scheme with the intent, design, or purpose not to sell the merchandise, commodities, or service so advertised at the price stated therein, or otherwise communicated, or with intent not to sell the merchandise, commodities, or service so advertised [3.1].

Requirements for Online Services

If a third party offers online services that are performed by an agency, department, or division of Michigan and the third party is not affiliated or under contract to perform the online services for an agency, department, or division of Michigan, the third party must have a conspicuous notification on its website stating that it is not an agency, department, or division of Michigan. The third party must also have a conspicuous notification on its website stating that its services are not endorsed or approved by an agency, department, or division of Michigan. The third party must provide a link on its website to the website of the agency, department, or division of Michigan that performs the online services [2.6].

License Requirements

Michigan law requires that any person, either as principal or agent, who engages in business as a transient merchant in the state of Michigan must first obtain a license in the manner provided by law [4.1].

In summary, you can use social media to promote your business in Michigan as long as you comply with the state’s advertising laws. You should avoid using prohibited representations, false advertising, and should comply with the requirements for online services. Additionally, businesses engaging in transient merchant activities must obtain a license in accordance with Michigan law.

Source(s):
Jurisdiction

Michigan