HOUSE BILL No. 5267


     October 14, 1997, Introduced by Reps. DeHart, Cherry, Brater, Prusi, Schermesser, LaForge and Kelly and referred to the Committee on Consumer Protection.


        A bill to regulate certain sales solicitations; to prescribe

   the powers and duties of certain governmental officials; and to

   prescribe remedies and penalties.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 1.  As used in this act:

 2         (a) "Person" means an individual, partnership, corporation,

 3    association, or other legal entity.

 4         (b) "Telephone sales solicitation" means a telephonic

 5    attempt to induce an individual to purchase or invest in real

 6    property or in a consumer good, service, or commodity.  Telephone

 7    sales solicitation does not include a telephonic solicitation

 8    made to an individual at the individual's request.

 9         Sec. 2.  An individual who does not wish to receive

10    telephone sales solicitations may file with the attorney general

11    a written statement, in a form and manner prescribed by the


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 1    attorney general, that expressly provides that the individual

 2    wishes to have his or her name placed on a list of those to whom

 3    a telephone sales solicitation shall not be made.

 4         Sec. 3.  (1) The attorney general shall maintain a list of

 5    names, addresses, and telephone numbers of individuals described

 6    in section 1 and, subject to terms and conditions that the attor-

 7    ney general may prescribe, make that list available to any person

 8    upon the person's request.  The attorney general may charge a

 9    person who seeks to review or obtain a copy of the list a reason-

10    able fee for making the list available to that person.  The

11    attorney general shall update the list at least every 30 days.

12         (2) An individual may have his or her name removed from the

13    list described in subsection (1) by providing the attorney gen-

14    eral with a written request for the removal.

15         (3) The attorney general may promulgate rules under the

16    administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

17    24.328, to implement and administer this act.

18         Sec. 4.  A person shall not make a telephone sales solicita-

19    tion to an individual in this state if that individual's name and

20    address have been on the list described in section 2 for more

21    than 30 days.

22         Sec. 5.  A person who violates this act is subject to a

23    civil fine of not more than $1,000.00 per violation.











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