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Law / United States / Michigan

Identity Theft Protection Act, enforcement

MCL 445.72(13)-(15)

In force since .

An enforcement supervision rule binding private bodies.

Private right of action
No
Audit expectation
none

What it requires

  • Expect a knowing failure to give required breach notice to be enforced by the Michigan Attorney General or a prosecuting attorney, civil fine only, capped at $750,000 in aggregate per breach; the Act does not create a private right of action.

These lines are LexLint's reading of the law's text.

Who enforces it

Settledness

As of
Open questions
Does 'each failure to provide notice' in MCL 445.72(13) count each affected resident who is not notified or each breach when the Attorney General or a prosecuting attorney seeks a civil fine of not more than $250.00, given the $750,000.00 aggregate limit in subsection (14)?

What it makes you log

Logging duty

Subsections (13) to (15) set a civil fine of up to $250.00 for each knowing failure to give a required notice, a $750,000.00 aggregate cap for one breach, and preserve other civil remedies. The Attorney General or a prosecuting attorney brings the action. They require no log or record and give no power to demand one. The residence prong that brings the section into play is in subsection (1), which this row does not cite, so the row names no territorial hook.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

A person that knowingly fails to give required breach notice may be ordered to pay a civil fine of up to $250 per failure to notify, with aggregate liability for multiple violations arising from the same breach capped at $750,000; the Attorney General or a prosecuting attorney may bring the action.

The Act preserves, but does not itself create, any other civil remedy available under state or federal law; no provision ties a violation to the Michigan Consumer Protection Act or any other statute carrying a private right of action.

When LexLint raises it

When your app profile says your app processes personal data.

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