MCLS § 484.125
§ 484.125. Delivering commercial advertising by recorded message; transfer, assignment, or sale of
authorization to contact subscriber; evidence of intention to violate act; action for damages; reporting
violations; use of automatic dialing equipment; termination of call; violation as misdemeanor; penalty.
Sec. 25.
(1)
As used in this section:
(a)
"Caller" means an individual, corporation, firm, partnership, association, or legal or commercial
entity who attempts to contact or who contacts a subscriber in this state via telephone or by using a
telephone line.
(b)
"Caller identification information" means the telephone number from which the call originates or the
name of the individual, corporation, partnership, association, or other legal entity subscribing to that
telephone number.
(c)
"Intrastate" means originating and delivering within this state.
(d)
"Subscriber" means an individual who has subscribed to residential, business, or toll-free telephone
service from a telephone company regulated by this state, and all other persons with the same legal residence
as the subscribing individual.
(2)
A caller shall not use a telephone line to contact a subscriber at the subscriber's residence,
business, or toll-free telephone number to do either of the following:
(a)
Deliver a recorded message for the purpose of presenting commercial advertising to the subscriber,
unless either of the following occurs:
(i)
The subscriber has knowingly and voluntarily requested, consented, permitted, or authorized the
contact from the caller.
(ii)
The subscriber has knowingly and voluntarily provided his or her telephone number to the caller.
(b)
Deliver or attempt to deliver intrastate commercial advertising If the caller activates a feature to
block the display of caller identification information that would otherwise be available to the subscriber.
(3)
The authorization to contact a subscriber granted under subsection (2)(a)(i) shall not be transferred,
assigned, or sold without the written permission of the subscriber.
(4)
The use of automated dialing, push button, or tone activated devices which operate sequentially or are
otherwise unable to avoid contacting subscribers who have not authorized the contact as provided in subsection
(2) is prima facie evidence of an intention to violate this act.
(5)
A subscriber contacted by a caller in violation of this section may bring an action to recover damages
of $1,000.00, together with reasonable attorneys' fees.
(6)
An employee or officer of a telephone company shall report a person whom the employee or officer in
good faith believes may be violating or has violated this act. Alleged violations of this act shall be
reported to the county prosecutor for the county in which the violation occurred.
(7)
This section does not prohibit the use of automatic dialing equipment for the purpose of advising
customers concerning merchandise or goods or services previously ordered.
(8)
Recorded commercial advertising that is authorized under this section must end or otherwise free the
subscriber's telephone line for incoming and outgoing calls immediately upon the subscriber's termination of
the call.
(9)
A caller who violated this section is guilty of a misdemeanor, punishable by a fine of $1,000.00 or
imprisonment for 10 days, or both.
MICHIGAN TELECOMMUNICATIONS ACT [Repealed December 31, 2005]
ARTICLE 5. PROHIBITED ACTIVITY [Repealed December 31, 2005]
