HB 4388 — Social Media Regulation Act (summary)
Status and sponsor
- Introduced: March 11, 2025 by Rep. Mark A. Tisdel.
- Committee actions: Referred to Communications & Technology; reported favorably (May 1, 2025); rule suspended and discharged to second reading (Sept 18, 2025); referred to Committee on Regulatory Reform.
- If enacted, the act’s provisions begin 180 days after the bill’s effective date.
Purpose
- Establish statewide standards for age verification and parental consent for social media accounts of Michigan residents, set specific protections and restrictions for accounts of minors (under 18), create enforcement pathways and civil remedies, and require rulemaking and reporting by the Attorney General (AG).
Definitions and scope
- “Social media company” — a provider of a social media platform that is an interactive computer service and has at least 5,000,000 account holders worldwide.
- “Social media platform” — an online forum for profiles, posts, viewing others’ posts, and interaction. The bill lists many exclusions (examples: email services, one-to-one direct messaging, licensed streaming-only services, certain shopping/e‑commerce sites, gaming services, cloud storage, teleconferencing, academic research platforms, etc.).
Key provisions
- Age verification and parental consent
- Beginning 180 days after the act is effective, platforms must verify the age of any Michigan resident who applies for an account and, if under 18, confirm express parental or guardian consent.
- Platforms must deny account applications if they cannot verify age or obtain required consent.
- For existing accounts, platforms must obtain age verification and, if applicable, consent within 14 days after the account holder first attempts to access the account (after the 180‑day start). If verification/consent is not obtained, access must be denied until compliance.
- The AG will promulgate rules on verification processes; residency verification methods cannot be limited to government ID. The AG may authorize a U.S.-based agent to process verification. Information obtained for verification may only be used for compliance.
- Protections and restrictions for minor accounts
- Minor accounts must not appear in platform search results except when linked via friending.
- Platforms must not show targeted or suggested groups, services, products, posts, accounts, or users to minor accounts.
- Access to minor accounts is prohibited daily from 10:30 p.m. to 6:30 a.m., unless a consenting parent/guardian modifies or removes that restriction or sets a daily hours limit.
- Platforms are prohibited from collecting or using personal information from a minor’s posts, content, messages, or usage activity except as necessary to comply with law or verification requirements.
- Parental access
- A consenting parent/guardian must be given a password or other means to access the minor’s account, view all posts, and see all messages to/from the minor. Parental access is exempt from time restrictions.
Enforcement, remedies, and contracts
- Complaints and AG powers
- Consumers may submit complaints to the AG; the AG must investigate alleged violations (at its discretion).
- Before civil action, the AG must give written notice explaining alleged violations; a 30‑day cure period is allowed. The AG may sue if violations are not cured or recur.
- Remedies available to the AG: civil fines up to $2,500 per violation, actual damages, injunctive or declaratory relief, and other court‑ordered relief; prevailing AG may recover attorney fees, costs, investigative fees.
- Private right of action
- A consumer may sue for actual damages or $2,500 per violation (whichever is greater).
- Contract clause
- Contract provisions entered, modified, or renewed on or after the act’s effective date that limit the act’s protections, complaint rights, or civil actions are void and unenforceable.
Reporting and rulemaking
- The AG must promulgate implementation rules and annually report to the Legislature on enforcement effectiveness, summaries of protected/unprotected consumer interactions, a list of alleged violations received, and accounting of fines and expenses collected.
Potential fiscal impact
- The bill could increase costs for the AG depending on complaint volume and litigation; additional staff or attorneys may be required. The exact fiscal impact is uncertain.
Who is affected
- Primary targets: large social media companies meeting the 5 million‑account threshold, Michigan resident account holders (especially minors), parents/guardians, and consumers who may bring complaints or suits. Secondary effects on platforms that rely on targeted content to minors and on verification service providers.
Limitations and notable points
- Verification methods and use of verification data are restricted and subject to AG rules.
- Exemptions exclude many single‑purpose services and non‑interactive content providers from the definition of social media platform.
