H.B. 4972: COMMITTEE SUMMARY - UNSOLICITED ADVERTISING FAXES
House Bill 4972 (as passed by the House)
Sponsor: Representative Penny Crissman
House Committee: Consumer Protection
Senate Committee: Financial Services
CONTENT
The bill would amend Public Act 48 of 1990, which prohibits sending advertisements to another person by fax without the recipient's prior consent, to increase the amount recoverable in a civil action for a violation of the Act.
A person who receives an advertisement in violation of the Act may file a civil suit to recover actual damages or $250, whichever is greater, if any of the following occurred before the person received the advertisement:
-- The Attorney General issued a notice to cease and desist, under the Act, to the person who sent the advertisement.
-- The sender entered into an assurance of discontinuance under the Act.
-- The person notified the sender in writing that the sender did not have the person's consent to send an advertisement.
The bill would allow the recovery of actual damages or $500, whichever was greater, plus reasonable attorney fees.
MCL 445.1776 - Legislative Analyst: P. Affholter
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
- Fiscal Analyst: B. BowermanS9798\S4972SA
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.