Law / United States / 
Michigan
Telephone Companies as Common Carriers Act, Recorded Commercial Advertising and Caller Identification (section 25 as amended effective 1999)
In force since .
A telephone contact rule binding private bodies.
- Obligation class
- Consent, Prohibition
What it requires
- Do not use a telephone line to contact a subscriber at a residential, business or toll-free number to deliver a recorded message presenting commercial advertising unless the subscriber has knowingly and voluntarily requested, consented to, permitted or authorized the contact, or has knowingly and voluntarily given you the subscriber's telephone number; do not transfer, assign or sell that authorization without the subscriber's written permission.NIST Privacy FrameworkCT.PO-P1
- Do not deliver or attempt to deliver intrastate commercial advertising while blocking the display of caller identification information the subscriber would otherwise see.NIST Privacy FrameworkCM.AW-P1
- Make authorized recorded commercial advertising end, or free the subscriber's line for incoming and outgoing calls, immediately when the subscriber hangs up.no control in the NIST Privacy Framework
- This does not prohibit using automatic dialing equipment to advise a customer about merchandise, goods or services the customer previously ordered.
These lines are LexLint's reading of the law's text.
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.
- 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
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 caller who violates the section is guilty of a misdemeanor punishable by a fine of $1,000 or imprisonment for 10 days, or both.
Penalty structure
A caller who violates the section is guilty of a misdemeanor punishable by a fine of $1,000 or imprisonment for 10 days, or both.
- Rule
- Fixed only
- As of
- Currency
- USD
- Fixed cap
- 1,000
Statutory damages
A subscriber contacted in violation of the section may bring an action to recover damages of $1,000, together with reasonable attorney's fees.
- As of
- Currency
- USD
- Per person minimum
- 1,000
Who enforces it
Enforcement body
A private civil action under MCL 484.125(5); an employee or officer of a telephone company must report a suspected violation to the county prosecutor under MCL 484.125(6).
Settledness
- As of
- Open questions
- Does a person who subscribes to mobile or internet-based telephone service count as a 'subscriber' under MCL 484.125(1)(d), which is limited to an individual who has subscribed 'from a telephone company regulated by this state'?
What this law does
A caller, anyone who contacts or tries to contact a subscriber in Michigan by telephone, may not use a telephone line to deliver a recorded message presenting commercial advertising to a subscriber's residential, business or toll-free number unless the subscriber has knowingly and voluntarily requested, consented to, permitted or authorized the contact, or has knowingly and voluntarily given the caller the subscriber's telephone number.
That authorization may not be transferred, assigned or sold without the subscriber's written permission. A subscriber is a person with residential, business or toll-free service from a telephone company Michigan regulates, and others at the same legal residence. A caller may not deliver or attempt to deliver intrastate commercial advertising while blocking the display of caller identification information the subscriber would otherwise see.
Authorized recorded commercial advertising must end, or free the subscriber's line for incoming and outgoing calls, immediately when the subscriber hangs up.
Using automated dialing, push-button or tone-activated equipment that operates sequentially or otherwise cannot avoid contacting subscribers who have not authorized the contact is prima facie evidence of intent to violate the section, but the section does not prohibit using automatic dialing equipment to advise a customer about merchandise, goods or services the customer previously ordered.
A subscriber contacted in violation of the section may recover damages of $1,000 with reasonable attorney fees, and the caller commits a misdemeanor. The section dates from 1980 and was amended by two 1998 acts effective .
When LexLint raises it
When your app profile says your app places automated calls.
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