MI SB0490

Prohibits retail sellers, renters, and lenders of books, written materials, sound recordings, and video recordings from disclosing customer purchase or rental records to third parties without customer consent.

Permits disclosure of customer information incident to ordinary course of business, including for marketing purposes, provided businesses give written notice and allow customers to opt out within 30 days.

Allows disclosure of customer records pursuant to court order, search warrant, grand jury subpoena, or with written customer permission, and for payment collection after customer notice.

Establishes misdemeanor criminal penalties for violations and allows customers who suffer actual damages to sue for recovery of damages (including emotional distress) plus reasonable attorney fees and costs.

Effective July 31, 2016; clarifies that ordinary business practices and marketing activities are permitted disclosures under the privacy statute.