Law / United States / 
Michigan
Home Solicitation Sales Act, Telephone Solicitation Rules (as amended effective 2003)
MCL 445.111, 445.111a, 445.111b, 445.111c, 445.111e
In force since .
A telephone contact rule binding public and private bodies.
- Obligation class
- Disclosure, Prohibition
What it requires
- Do not make a telephone solicitation that consists in whole or in part of a recorded message.NIST Privacy FrameworkCT.PO-P1
- Do not make a telephone solicitation to a residential telephone subscriber whose name and number are on the federal do-not-call list, or to a consumer who has asked not to receive calls from or for your organization, and use the do-not-call list for no other purpose.NIST Privacy FrameworkCT.PO-P3
- A call the subscriber expressly invited or permitted in advance, a call to an existing customer (one who bought from you and paid within the preceding 12 months or has not yet paid under a prior agreement) who has not asked not to be called, or a call that only requests a face-to-face meeting without urging a decision during the call is not a telephone solicitation.
- At the start of a telephone solicitation to a residential subscriber, state your name and the full name of the organization or person on whose behalf the call is made, and provide on request a telephone number answered by a natural person who can describe the organization and the solicitation; do not intentionally block or interfere with the caller ID display of your number.NIST Privacy FrameworkCM.AW-P1
- Before taking payment, disclose clearly and conspicuously the total price, any restrictions or conditions, the material terms of your refund, cancellation or exchange policy (or that you have none), prize terms and odds, material investment risks, and the quantity and characteristics of the goods or services; do not charge a consumer before receiving an express verifiable authorization (written, recorded oral, or confirmed by an independent third party).no control in the NIST Privacy Framework
- Do not offer a prize promotion that requires a purchase or payment, and do not leave a voicemail or answering-machine message falsely claiming a current business matter or relationship and asking the consumer to call back.no control in the NIST Privacy Framework
These lines are LexLint's reading of the law's text. Also read by: Dobronski v NPS, Inc, unpublished per curiam opinion of the Michigan Court of Appeals, issued (Docket No. 356617) (recorded ).
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.
- CM.AW-P1Mechanisms (e.g., notices, internal or public reports) for communicating data processing purposes, practices, associated privacy risks, and options for enabling individuals’ data processing preferences and requests are established and in place.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
- AIR-DET-021Agent Decision Audit and Explainability
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
A knowing or intentional violation of section 1c is a misdemeanor punishable by imprisonment for not more than 6 months or a fine of not more than $500, or both, except that this criminal penalty does not apply where the violation is a failure to comply with the recorded-message ban or the do-not-call duties in section 1a(1), (4) or (5), or with the identification and caller-identification duties in section 1b.
Penalty structure
A person who knowingly or intentionally violates section 1c is guilty of a misdemeanor punishable by imprisonment for not more than 6 months or a fine of not more than $500, or both; the penalty does not apply where the violation is a failure to comply with section 1a(1), (4) or (5) or section 1b.
- Rule
- Fixed only
- As of
- Currency
- USD
- Fixed cap
- 500
Statutory damages
A person who suffers loss from a violation may recover actual damages or $250, whichever is greater, together with reasonable attorney fees; this reaches a violation of the recorded-message ban, the do-not-call duties, and the identification and caller-ID duties, each of which section 1c(1)(f) makes a violation of section 1c.
- As of
- Currency
- USD
- Per person minimum
- 250
Who enforces it
Enforcement body
A private civil action under MCL 445.111c(3) for a person who suffers loss; criminal prosecution under MCL 445.111c(2) for the violations to which it applies.
Settledness
The unpublished decision affirmed summary disposition for a seller on a record showing it did not itself call and did not cause the calls to be made.
- As of
- Case link
- https://www.courts.michigan.gov/siteassets/case-documents/uploads/OPINIONS/FINAL/COA/20220421_C356617_36_356617.OPN.PDF
- Case citation
- Dobronski v NPS, Inc, unpublished per curiam opinion of the Michigan Court of Appeals, issued (Docket No. 356617)
- Open questions
- Does a seller 'cause to be made' a telephone solicitation under the definition of 'telephone solicitor' in MCL 445.111(n) when a call center it contracts with places the call on the seller's behalf?
What this law does
A telephone solicitation is a voice communication over a telephone made to encourage the recipient to purchase, rent or invest in goods or services during that call, and a telephone solicitor is any person doing business in Michigan who makes or causes one to be made, including by an automatic dialing and announcing device or a live person.
A telephone solicitation does not include a call the residential subscriber expressly invited or permitted in advance, a call to an existing customer (one who bought from the caller and paid within the preceding 12 months or has not yet paid under a prior agreement) unless that customer has asked not to be called, or a call that only requests a face-to-face meeting without urging a decision during the call.
A person must not make a telephone solicitation that consists in whole or in part of a recorded message, and a home solicitation sale may not be made by telephonic solicitation using one. A telephone solicitor must not call a residential telephone subscriber whose name and number are on the then-current federal do-not-call list, which the public service commission must designate as the state list while the federal list is maintained, and may use the list for no other purpose.
At the start of a solicitation to a residential subscriber, the caller must give their name and the full name of the organization or person on whose behalf the call is made, and provide on request a telephone number answered by a natural person who can describe that organization and the solicitation; the solicitor must not intentionally block the display of its number on the subscriber's caller ID. It is an unfair or deceptive act for a telephone solicitor to fail to disclose clearly, before payment, the total price, any restrictions or conditions, the material refund, cancellation or exchange terms, prize terms and odds, material investment risks and the quantity and characteristics of the goods or services, or to misrepresent the goods or make a false statement to induce payment.
It is also unfair or deceptive to charge a consumer before receiving an express verifiable authorization (a written authorization, a recorded oral authorization or an independent third party's confirmation), to offer a prize promotion requiring a purchase, to fail to comply with the recorded-message, do-not-call, identification or caller-identification rules, to call a consumer who has asked not to be called by or for that organization, or to leave a voicemail falsely claiming a current business matter or relationship and asking for a call back.
A person who suffers loss as a result of a violation of section 1c may recover actual damages or $250, whichever is greater, with reasonable attorney fees. A knowing or intentional violation of section 1c is a misdemeanor, except where it is a failure to comply with the recorded-message, do-not-call, identification or caller-identification rules.
Sections 1a to 1d do not apply to a person subject to the charitable organizations and solicitations act, the public safety solicitation act, or section 527 of the Internal Revenue Code. The recorded-message rule for home solicitation sales dates from 1978; the identification, caller-identification and section 1c rules were added by 2002 PA 612, effective .
When LexLint raises it
When your app profile says your app places automated calls.
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