MCLS § 445.111c
§ 445.111c. Unfair or deceptive act or practice; violation; penalty; damages.
Sec. 1c.
(1)
It is an unfair or deceptive
act or practice and a violation of this act for a telephone solicitor to do any
of the following:
(a)
Misrepresent or fail to disclose, in a clear,
conspicuous, and intelligible manner and before payment is received from the
consumer, all of the following information:
(i)
Total purchase
price to the consumer of the goods or services to be received.
(ii)
Any restrictions, limitations, or
conditions to purchase or to use the goods or services that are the subject of
an offer to sell goods or services.
(iii)
Any material term or condition of the
seller's refund, cancellation, or exchange policy, including a consumer's right
to cancel a home solicitation sale under section 2 and, if applicable, that the
seller does not have a refund, cancellation, or exchange policy.
(iv)
Any material costs or conditions
related to receiving a prize, including the odds of winning the prize, and if
the odds are not calculable in advance, the factors used in calculating the
odds, the nature and value of a prize, that no purchase is necessary to win the
prize, and the "no purchase required" method of entering the contest.
(v)
Any material aspect of an investment
opportunity the seller is offering, including, but not limited to, risk,
liquidity, earnings potential, market value, and profitability.
(vi)
The quantity
and any material aspect of the quality or basic characteristics of any goods or
services offered.
(vii)
The right to cancel a sale under this
act, if any.
(b)
Misrepresent any material aspect of the quality or basic
characteristics of any goods or services offered.
(c)
Make a false or misleading statement with the purpose of
inducing a consumer to pay for goods or services.
(d)
Request or accept payment from a consumer or make or
submit any charge to the consumer's credit or bank account before the telephone
solicitor or seller receives from the consumer an express verifiable
authorization. As used in this subdivision, "verifiable
authorization" means a written authorization or confirmation, an oral
authorization recorded by the telephone solicitor, or confirmation through an
independent third party.
(e)
Offer to a consumer in this state a prize promotion in
which a purchase or payment is necessary to obtain the prize.
(f)
Fail to comply with the requirements of section 1a or 1b.
(g)
Make a telephone solicitation to a consumer in this state
who has requested that he or she not receive calls from the organization or
other person on whose behalf the telephone solicitation is made.
(h)
While making a telephone solicitation, misrepresent
in a message left for a consumer
on his or her answering machine or voice mail that the consumer has a current
business matter or transaction or a current business or customer relationship
with the telephone solicitor or another person and request that the consumer
call the telephone solicitor or another person to discuss that matter,
transaction, or relationship.
(2)
Except as provided in this subsection, beginning 210 days
after the effective date of the amendatory act that added this section, a
person who knowingly or intentionally violates this section is guilty of a
misdemeanor punishable by imprisonment for not more than 6 months or a fine of
not more than $500.00, or both. This subsection does not prohibit a person from
being charged with, convicted of, or punished for any other crime including any
other violation of law arising out of the same transaction as the violation of
this section. This subsection does not apply if the violation of this section
is a failure to comply with the requirements of section 1a(1),
(4), or (5) or section 1b.
(3)
A person who suffers loss as a result of violation of
this section may bring an action to recover actual damages or $250.00,
whichever is greater, together with reasonable attorney fees. This subsection
does not prevent the consumer from asserting his or her rights under this act
if the telephone solicitation results in a home solicitation sale,
or asserting any other rights or claims the consumer may have under applicable
state or federal law.
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