reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 186 of 2012 - Plastic Bulk Merchandise Container Act (445.2071 - 445.2087) › Section 445.2081 - Violation; Misdemeanor; Felony; Penalty.

445.2081 Violation; misdemeanor; felony; penalty.
Sec. 11.
(1) If a dealer violates section 7(1) or section 9 and knows or has reason to know that it is violating that section, the dealer is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
(2) If a person buys or sells 10 or more plastic bulk merchandise containers from a person in a single transaction and knows or has reason to know that they are stolen, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both, for a first offense and is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both, for a second or subsequent offense.
History:
2012, Act 186, Eff. Dec. 18, 2012
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 186 of 2012 - Plastic Bulk Merchandise Container Act (445.2071 - 445.2087) › Section 445.2083 - Violation; Civil Infraction; Fine.

445.2083 Violation; civil infraction; fine.
Sec. 13.
If an action of a person violates this act and the person knows or has reason to know that the action violates this act, the person is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $5,000.00.
History:
2012, Act 186, Eff. Dec. 18, 2012
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 186 of 2012 - Plastic Bulk Merchandise Container Act (445.2071 - 445.2087) › Section 445.2085 - Monetary Damages; Treble Damages; Costs; "Value of the Plastic Bulk Merchandise Containers Stolen" Defined.

445.2085 Monetary damages; treble damages; costs; "value of the plastic bulk merchandise containers stolen" defined.
Sec. 15.
(1) A person may bring an action in a court of competent jurisdiction for monetary damages suffered from a violation of this act by a seller or a dealer. If the violation involves the theft of 10 or more plastic bulk merchandise containers, the court shall award treble damages for the value of the stolen plastic bulk merchandise containers.
(2) The court may award costs regarding any aspect of an action brought under subsection (1).
(3) As used in this section, "value of the plastic bulk merchandise containers stolen" means the highest of the following:
(a) The replacement cost of the stolen plastic bulk merchandise containers.
(b) The cost of repairing the damage caused by the theft of the plastic bulk merchandise containers.
(c) The total of subdivisions (a) and (b).
History:
2012, Act 186, Eff. Dec. 18, 2012
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 186 of 2012 - Plastic Bulk Merchandise Container Act (445.2071 - 445.2087) › Section 445.2087 - Remedies; Exemption or Release of Person From Certain Requirements Prohibited.

445.2087 Remedies; exemption or release of person from certain requirements prohibited.
Sec. 17.
(1) The remedies under this act are cumulative and do not affect the ability or right of any person to bring any action under this or any other civil, criminal, or regulatory act or ordinance that is otherwise not prohibited by law.
(2) This act does not exempt or release any person from the following:
(a) Obtaining and maintaining a license under any other statute or ordinance.
(b) Complying with the requirements of any other statute or ordinance.
History:
2012, Act 186, Eff. Dec. 18, 2012
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 430 of 2000 - Music Royalty Practices Act (445.2101 - 445.2108) › Section 445.2101 - Short Title.

445.2101 Short title.
Sec. 1.
This act shall be known and may be cited as the "music royalty practices act".
History:
2000, Act 430, Imd. Eff. Jan. 9, 2001
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 430 of 2000 - Music Royalty Practices Act (445.2101 - 445.2108) › Section 445.2102 - Definitions.

445.2102 Definitions.
Sec. 2.
As used in this act:
(a) "Copyright owner" means the owner of a copyright of a musical work recognized and enforceable under the copyright laws. Copyright owner does not include the owner of a copyright in a motion picture or audiovisual work or in any portion of a motion picture or audiovisual work.
(b) "Copyright laws" means those laws specified pursuant to title 17 of the United States Code, 17 U.S.C. 101 to 1101.
(c) "Performing rights society" means an association, corporation, or other entity that licenses the nondramatic public performance, broadcast, or transmittal of musical works on behalf of copyright owners including, but not limited to, the American society of composers, authors, and publishers; broadcast music, inc.; and SESAC, inc.
(d) "Proprietor" means the owner of a retail establishment, restaurant, inn, bar, tavern, sports or entertainment facility, not-for-profit organization, or any other place of business or professional office located in this state in which the public may assemble and in which musical works are publicly and nondramatically performed, broadcast, or transmitted for the enjoyment of the members of the public assembled in that place.
(e) "Royalties" means the fees payable by a proprietor to a performing rights society for the nondramatic public performance, broadcast, or transmittal of musical works.
History:
2000, Act 430, Imd. Eff. Jan. 9, 2001
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 430 of 2000 - Music Royalty Practices Act (445.2101 - 445.2108) › Section 445.2103 - Performing Rights Society; Duties.

445.2103 Performing rights society; duties.
Sec. 3.
(1) A performing rights society doing business in this state shall maintain an electronic computer database of its repertoire. The performing rights society shall make available, in electronic form, a current list of at least the names of its authors and publishers of all its copyrighted musical works and the titles of the copyrighted musical works in its repertoire. The performing rights society shall update the list at least monthly.
(2) Upon request, any person may review the list of copyrighted works and a list of members and affiliates.
(3) The list established under subsection (1) that is in electronic form at the time a proprietor enters into a contract with a performing rights society and as supplemented by subsequent additions and deletions to that list is binding between the parties for the period of the contract.
(4) A performing rights society shall provide a copy of its most current lists of copyrighted musical works and members at cost to any person upon request. As used in this subsection, "cost" does not include the cost of maintaining the database or any other overhead.
(5) A performing rights society licensing nondramatic performance of musical works in this state shall establish and maintain a toll-free telephone number that can be used to answer inquiries regarding specific musical works licensed by that performing rights society and the copyright owners represented by that performing rights society.
History:
2000, Act 430, Imd. Eff. Jan. 9, 2001
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 430 of 2000 - Music Royalty Practices Act (445.2101 - 445.2108) › Section 445.2104 - Performing Rights Society; Contract for Payment of Royalties; Conditions.

445.2104 Performing rights society; contract for payment of royalties; conditions.
Sec. 4.
A performing rights society shall not enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless, at the time of the offer or any time thereafter but at least 72 hours before the execution of the contract, it provides all of the following to the proprietor in writing:
(a) A schedule of the rates and terms of royalties under the contract including, but not limited to, any sliding scale, discounts, or reductions in fees on any basis for which the proprietor may be eligible and any schedule increases or decreases in fees during the term of the contract.
(b) Notice that the performing rights society shall, upon request of a proprietor and before entering into a contract with that proprietor, provide a schedule of the rates and terms of royalties under contracts executed by the performing rights society and proprietors of comparable businesses in the state within the past 12 months.
(c) Notice of the provisions required under section 3 including the electronic address and toll-free telephone number.
(d) Notice of the fact that there are exemptions that may exclude that proprietor from liability under the copyright laws.
(e) Upon request of the proprietor, the opportunity to review in electronic form the most current available list of the members or affiliates represented by the performing rights society.
(f) Notice that the proprietor is entitled to the information required under this act and that failure of the performing rights society to provide that information is a violation of this act.
History:
2000, Act 430, Imd. Eff. Jan. 9, 2001
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 430 of 2000 - Music Royalty Practices Act (445.2101 - 445.2108) › Section 445.2105 - Contract for Payment of Royalties; Requirements.

445.2105 Contract for payment of royalties; requirements.
Sec. 5.
(1) A contract for the payment of royalties between a proprietor and a performing rights society executed, issued, or renewed in this state shall comply with all of the following:
(a) Be in writing.
(b) Be signed by both parties to the contract.
(c) Include at least the following information:
(i) The proprietor's name and business address and the name and location of each place of business to which the contract applies.
(ii) The name and business address of the performing rights society.
(iii) The duration of the contract.
(iv) The schedule of rates and terms of royalties to be collected under the contract including, but not limited to, any sliding scale, discount, or schedule for any increase or decrease of those rates for the duration of the contract.
(2) A contract between a performing rights society and a proprietor for the payment of royalties shall be offered for a term of 1 year but the parties may agree to a contract for a term other than 1 year. This section does not apply to a contract for a term negotiated between a performing rights society and a bona fide trade association representing a substantial percentage of proprietors of the same type.
History:
2000, Act 430, Imd. Eff. Jan. 9, 2001
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 430 of 2000 - Music Royalty Practices Act (445.2101 - 445.2108) › Section 445.2106 - Performing Rights Society; Prohibited Acts.

445.2106 Performing rights society; prohibited acts.
Sec. 6.
(1) A performing rights society or any agent, employee, representative, or other person acting on behalf of the performing rights society shall not do any of the following:
(a) Enter onto the premises of a proprietor's business for the purpose of discussing a contract for payment of royalties for the use of copyrighted works by that proprietor, without first identifying himself or herself to the proprietor or to the proprietor's management employees. Such identification includes, but is not limited to, showing a business photo-identification card issued by the performing rights society, disclosing that he or she is acting on behalf of the performing rights society, and disclosing the purpose of the entry.
(b) Collect or attempt to collect a royalty payment or any other fee except as provided in a contract executed pursuant to and in compliance with this act.
(c) Use or attempt to use any act or practice in negotiating with a proprietor, or in retaliation for a proprietor's failure or refusal to negotiate, with respect to a contract for the payment of royalties, that includes any of the following:
(i) Using or attempting to use any unfair or deceptive act or practice in dealing with a proprietor.
(ii) Engaging in any coercive act or practice that is disruptive of a proprietor's business.
(iii) Commencing or threatening to commence a legal action in connection with an alleged copyright violation unless the performing rights society shall have advised the proprietor that he or she may comply with copyright laws with respect to copyrighted musical works in the repertoire of the performing rights society by doing any of the following:
(A) Obtaining a license from that performing rights society.
(B) Discontinuing all nondramatic public performances of musical works in that performing rights society's repertoire.
(C) Obtaining authorization for nondramatic public performances of musical works directly from the copyright owners who are members of that performing rights society.
(2) This section does not prevent any copyright owner from exercising any exclusive rights granted by the copyright laws.
(3) This section does not prohibit the performing rights society or its agents, employees, or representatives from informing the proprietor of obligations imposed under the copyright laws.
History:
2000, Act 430, Imd. Eff. Jan. 9, 2001
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 430 of 2000 - Music Royalty Practices Act (445.2101 - 445.2108) › Section 445.2107 - Civil Action.

445.2107 Civil action.
Sec. 7.
A person suffering injury by a violation of this act may bring a civil action in a court of competent jurisdiction to recover actual damages and reasonable attorney's fees or seek injunctive or any other relief available at law or in equity.
History:
2000, Act 430, Imd. Eff. Jan. 9, 2001
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 430 of 2000 - Music Royalty Practices Act (445.2101 - 445.2108) › Section 445.2108 - Applicability of Act.

445.2108 Applicability of act.
Sec. 8.
This act does not apply to either of the following:
(a) Contracts between performing rights societies and broadcasters licensed by the federal communications commission.
(b) Investigations by a law enforcement agency or other person regarding a suspected violation of 1994 PA 210, MCL 752.1051 to 752.1057.
History:
2000, Act 430, Imd. Eff. Jan. 9, 2001
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 42 of 2003 - Unsolicited Commercial E-Mail Protection Act (445.2501 - 445.2508) › Section 445.2501 - Short Title.

445.2501 Short title.
Sec. 1.
This act shall be known and may be cited as the "unsolicited commercial e-mail protection act".
History:
2003, Act 42, Eff. Sept. 1, 2003
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 42 of 2003 - Unsolicited Commercial E-Mail Protection Act (445.2501 - 445.2508) › Section 445.2502 - Definitions.

445.2502 Definitions.
Sec. 2.
As used in this act:
(a) "Commercial e-mail" means an electronic message, file, data, or other information promoting the sale, lease, or exchange of goods, services, real property, or any other thing of value that is transmitted between 2 or more computers, computer networks, or electronic terminals or within a computer network.
(b) "Computer network" means 2 or more computers that are, directly or indirectly, interconnected to exchange electronic messages, files, data, or other information.
(c) "E-mail address" means a destination, commonly expressed as a string of characters, to which e-mail may be sent or delivered.
(d) "E-mail service provider" means a person that is an intermediary in the transmission of e-mail or provides to end users of e-mail service the ability to send and receive e-mail.
(e) "Internet domain name" means a globally unique, hierarchical reference to an internet host or service, assigned through centralized internet authorities, comprising a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy.
(f) "Person" means an individual, corporation, partnership, association, governmental entity, or any other legal entity.
(g) "Preexisting business relationship" means a relationship existing before the receipt of an e-mail formed voluntarily by the recipient with another person by means of an inquiry, application, purchase, or use of a product or service of the person sending the e-mail.
(h) "Unsolicited" means without the recipient's express permission. An e-mail is not unsolicited if the sender has a preexisting business or personal relationship with the recipient. An e-mail is not unsolicited if it was received as a result of the recipient opting into a system in order to receive promotional material.
History:
2003, Act 42, Eff. Sept. 1, 2003
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 42 of 2003 - Unsolicited Commercial E-Mail Protection Act (445.2501 - 445.2508) › Section 445.2503 - Unsolicited Commercial E-Mail; Requirements.

445.2503 Unsolicited commercial e-mail; requirements.
Sec. 3.
A person who intentionally sends or causes to be sent an unsolicited commercial e-mail through an e-mail service provider that the sender knew or should have known is located in this state or to an e-mail address that the sender knew or should have known is held by a resident of this state shall do all of the following:
(a) Include in the e-mail subject line "ADV:" as the first 4 characters.
(b) Conspicuously state in the e-mail all of the following:
(i) The sender's legal name.
(ii) The sender's correct street address.
(iii) The sender's valid internet domain name.
(iv) The sender's valid return e-mail address.
(c) Establish a toll-free telephone number, a valid sender-operated return e-mail address, or another easy-to-use electronic method that the recipient of the commercial e-mail message may call or access by e-mail or other electronic means to notify the sender not to transmit by e-mail any further unsolicited commercial e-mail messages. The notification process may include the ability for the commercial e-mail messages recipient to direct the sender to transmit or not transmit particular commercial e-mail messages based upon products, services, divisions, organizations, companies, or other selections of the recipient's choice. An unsolicited commercial e-mail message shall include, in print as large as the print used for the majority of the e-mail message, a statement informing the recipient of a toll-free telephone number that the recipient may call, or a valid return address to which the recipient may write or access by e-mail, notifying the sender not to transmit to the recipient any further commercial e-mail messages.
(d) Conspicuously provide in the text of the commercial e-mail, in print as large as the print used for the majority of the e-mail, a notice that informs the recipient that the recipient may conveniently and at no cost be excluded from future commercial e-mail from the sender as provided under subdivision (c).
History:
2003, Act 42, Eff. Sept. 1, 2003
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 42 of 2003 - Unsolicited Commercial E-Mail Protection Act (445.2501 - 445.2508) › Section 445.2504 - Unsolicited Commercial E-Mail; Prohibited Conduct; Policies and Records.

445.2504 Unsolicited commercial e-mail; prohibited conduct; policies and records.
Sec. 4.
(1) A person who sends or causes to be sent an unsolicited commercial e-mail through an e-mail service provider located in this state or to an e-mail address held by a resident of this state shall not do any of the following:
(a) Use a third party's internet domain name or third party e-mail address in identifying the point of origin or in stating the transmission path of the commercial e-mail without the third party's consent.
(b) Misrepresent any information in identifying the point of origin or the transmission path of the commercial e-mail.
(c) Fail to include in the commercial e-mail the information necessary to identify the point of origin of the commercial e-mail.
(d) Provide directly or indirectly to another person the software described under section 5.
(2) If the recipient of an unsolicited commercial e-mail notifies the sender that the recipient does not want to receive future unsolicited commercial e-mail from the sender, the sender shall not send that recipient unsolicited commercial e-mail either directly or indirectly through a third party.
(3) A sender of unsolicited commercial e-mail shall establish and maintain the necessary policies and records to ensure that the recipient who has notified the sender under subsection (2) does not receive any e-mail from the date of the notice. The sender shall update its records under this subsection not less than every 14 business days.
History:
2003, Act 42, Eff. Sept. 1, 2003
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 42 of 2003 - Unsolicited Commercial E-Mail Protection Act (445.2501 - 445.2508) › Section 445.2505 - Selling, Giving, or Distributing Software; Restrictions.

445.2505 Selling, giving, or distributing software; restrictions.
Sec. 5.
A person shall not knowingly sell, give, or otherwise distribute or possess with the intent to sell, give, or distribute software that does any of the following:
(a) Is primarily designed or produced for the purpose of facilitating or enabling the falsification of commercial e-mail transmission information or other routing information.
(b) Has only limited commercially significant purpose or use other than to facilitate or enable the falsification of commercial e-mail transmission information or other routing information.
(c) Is marketed by that person or another acting in concert with that person with that person's knowledge for use in facilitating or enabling the falsification of commercial e-mail transmission information or other routing information.
History:
2003, Act 42, Eff. Sept. 1, 2003
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 42 of 2003 - Unsolicited Commercial E-Mail Protection Act (445.2501 - 445.2508) › Section 445.2506 - Notice of Requirements; Dispute Resolution Process.

445.2506 Notice of requirements; dispute resolution process.
Sec. 6.
(1) An e-mail service provider may design its software so that a sender of unsolicited commercial e-mail is given notice of the requirements of this act each time the sender requests delivery of e-mail. The existence of such software shall constitute actual notice to the sender of the requirements of this act.
(2) An e-mail service provider that designs and implements a dispute resolution process for a sender who believes the sender's e-mail message has been improperly blocked, and makes contact information accessible on its website, is not liable under this act for blocking the receipt or transmission of the e-mail.
History:
2003, Act 42, Eff. Sept. 1, 2003
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 42 of 2003 - Unsolicited Commercial E-Mail Protection Act (445.2501 - 445.2508) › Section 445.2507 - Violation; Penalty; Separate Violations; Evidence; Defense.

445.2507 Violation; penalty; separate violations; evidence; defense.
Sec. 7.
(1) Except as otherwise provided under subsection (2), a person who violates this act is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $10,000.00, or both.
(2) A person who violates section 4 or violates this act in the furtherance of another crime is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $25,000.00, or both.
(3) Each commercial e-mail sent in violation of this act is a separate violation under this section.
(4) An e-mail service provider does not violate this act as a result of either of the following:
(a) Being an intermediary between the sender and recipient in the transmission of an unsolicited commercial e-mail that violates this act.
(b) Provides transmission of unsolicited commercial e-mail over the provider's network or facilities.
(5) It is prima facie evidence that the sender is in violation of this section if the recipient is unable to contact the sender through the return e-mail address provided by the sender under section 3.
(6) It is a defense to a case brought under this section or an action under section 8 that the unsolicited commercial e-mail was transmitted accidentally or as a result of a preexisting business relationship. The burden of proving that the commercial e-mail was transmitted accidentally or as a result of a preexisting business relationship is on the sender.
History:
2003, Act 42, Eff. Sept. 1, 2003
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 42 of 2003 - Unsolicited Commercial E-Mail Protection Act (445.2501 - 445.2508) › Section 445.2508 - Civil Action; Recovery; Costs and Attorney Fees.

445.2508 Civil action; recovery; costs and attorney fees.
Sec. 8.
(1) A civil action may be brought by a person who received an unsolicited commercial e-mail in violation of this act.
(2) A civil action may be brought by an e-mail service provider through whose facilities the unsolicited commercial e-mail was transmitted in violation of this act.
(3) A civil action may be brought by the attorney general against a person who has violated this act.
(4) In each action brought under this section, a recipient, e-mail service provider, or attorney general may recover 1 of the following:
(a) Actual damages.
(b) In lieu of actual damages, recover the lesser of the following:
(i) $500.00 per unsolicited commercial e-mail received by the recipient or transmitted through the e-mail service provider.
(ii) $250,000.00 for each day that the violation occurs.
(5) The prevailing recipient or e-mail service provider shall be awarded actual costs and reasonable attorney fees.
History:
2003, Act 42, Eff. Sept. 1, 2003
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 229 of 2013 - Security Freeze Act (445.2511 - 445.2542) › Article 1 - (445.2511...445.2514) › Section 445.2511 - Short Title.

445.2511 Short title.
Sec. 1.
This act shall be known and may be cited as the "security freeze act".
History:
2013, Act 229, Eff. Jan. 1, 2014
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 229 of 2013 - Security Freeze Act (445.2511 - 445.2542) › Article 1 - (445.2511...445.2514) › Section 445.2514 - Inapplicability of Article 3 to Certain Entities or Uses.

445.2514 Inapplicability of Article 3 to certain entities or uses.
Sec. 4.
Article 3 does not apply to any of the following entities or uses:
(a) A person that is acting under a court order, warrant, or subpoena.
(b) A person that administers a credit file monitoring subscription service to which a consumer or protected consumer has subscribed.
(c) A person that provides a consumer or the consumer's representative with a copy of the consumer's credit report on request of the consumer or the representative.
(d) A check services or fraud prevention services company that issues any of the following:
(i) Reports on incidents of fraud.
(ii) Authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar payment methods.
(e) A deposit account information service company that issues reports regarding account closures due to fraud, substantial overdrafts, or automated teller machine abuse or provides similar information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution.
(f) A consumer reporting agency database or file that consists entirely of consumer information concerning, and used solely for, 1 or more of the following:
(i) Criminal record information.
(ii) Personal loss history information.
(iii) Fraud prevention or detection.
(iv) Employment screening.
(v) Tenant screening.
(g) A consumer reporting agency that meets both of the following:
(i) It is only engaged in reselling resell credit information by assembling and merging information contained in a database of 1 or more consumer reporting agencies.
(ii) It does not maintain a permanent database of credit information it obtains for purposes of subparagraph (i).
History:
2013, Act 229, Eff. Jan. 1, 2014
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 229 of 2013 - Security Freeze Act (445.2511 - 445.2542) › Article 2 - (445.2521...445.2527) › Section 445.2521 - Placement of Security Freeze on Consumer's Credit Report; Conditions; Days.

445.2521 Placement of security freeze on consumer's credit report; conditions; days.
Sec. 11.
(1) A consumer reporting agency shall place a security freeze on a consumer's credit report if all of the following are met:
(a) The consumer reporting agency receives a request from the consumer for the placement of the security freeze under this act.
(b) The consumer does all of the following:
(i) Submits the request described in subdivision (a) to the consumer reporting agency at the address or other point of contact and in the manner specified by the consumer reporting agency.
(ii) Provides to the consumer reporting agency sufficient proof of identification of the consumer.
(2) Within 5 business days after receiving a request that meets the requirements of subsection (1), a consumer reporting agency shall place a security freeze for the consumer.
History:
2013, Act 229, Eff. Jan. 1, 2014 ;-- Am. 2018, Act 76, Eff. June 17, 2018
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 229 of 2013 - Security Freeze Act (445.2511 - 445.2542) › Article 2 - (445.2521...445.2527) › Section 445.2522 - Placement of Security Freeze on Consumer's Credit Report; Duties of Consumer Reporting Agency.

445.2522 Placement of security freeze on consumer's credit report; duties of consumer reporting agency.
Sec. 12.
Within 5 business days after placing a security freeze on a consumer's credit report under section 11, the consumer reporting agency shall do all of the following:
(a) Send a written confirmation of the security freeze to the consumer.
(b) Provide the consumer with a unique personal identification number or password to be used by the consumer when authorizing the release of the consumer's credit report to a specific person or for a specific period of time.
(c) Provide the consumer with a written statement of the procedures for requesting the consumer reporting agency to remove or temporarily lift a security freeze.
History:
2013, Act 229, Eff. Jan. 1, 2014
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 229 of 2013 - Security Freeze Act (445.2511 - 445.2542) › Article 2 - (445.2521...445.2527) › Section 445.2523 - Release of Credit Report or Information; Express Prior Authorization Required.

445.2523 Release of credit report or information; express prior authorization required.
Sec. 13.
Except as provided in section 14, if a security freeze is in place, a consumer reporting agency may not release a consumer's credit report or any information derived from a consumer's credit report without the express prior authorization of the consumer.
History:
2013, Act 229, Eff. Jan. 1, 2014
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 229 of 2013 - Security Freeze Act (445.2511 - 445.2542) › Article 2 - (445.2521...445.2527) › Section 445.2524 - Temporary Lifting of Security Freeze.

445.2524 Temporary lifting of security freeze.
Sec. 14.
(1) A consumer who does all of the following may temporarily lift a security freeze to allow access to the consumer's credit report by a specific person or for a specific period of time while the security freeze is in place:
(a) Contacts the consumer reporting agency at the address or other point of contact and in the manner specified by the consumer reporting agency for making a request under subdivision (b).
(b) Requests that the consumer reporting agency temporarily lift the security freeze.
(c) Provides to the consumer reporting agency sufficient proof of identification of the consumer.
(d) Includes with the request under subdivision (b) the unique personal identification number or password provided to the consumer under section 12(b).
(e) Provides the proper information regarding the person that is to receive the credit report or the time period during which the credit report is to be available to users of the credit report.
(2) Except as provided in subsection (3), a consumer reporting agency that receives a request to temporarily lift a security freeze under subsection (1) shall comply with the request within 3 business days after receiving the request.
(3) If a consumer reporting agency receives a request to temporarily lift a security freeze under subsection (1) by telephone, by electronic mail, or by secure connection on the website of the consumer reporting agency, the consumer reporting agency shall comply with the request within 15 minutes after receiving the request. However, a consumer reporting agency is not required to temporarily lift a security freeze within 15 minutes if a delay in complying with the request is caused by any of the following:
(a) An act of God, including, but not limited to, a fire, earthquake, hurricane, storm, or similar natural disaster or phenomena.
(b) An unauthorized or illegal act by a third party, including, but not limited to, an act of terrorism, sabotage, riot, or vandalism, a labor strike or other labor dispute that disrupts the consumer reporting agency's operations, or a similar occurrence.
(c) An interruption of the consumer reporting agency's operations, including, but not limited to, an electrical failure, an unanticipated delay in equipment or replacement part delivery, a computer hardware or software failure that inhibits response time, or a similar disruption.
(d) Governmental action, including, but not limited to, an emergency order or regulation, judicial or law enforcement action, or a similar directive.
(e) Regularly scheduled maintenance of, or updates to, the consumer reporting agency's systems that occurs outside of normal business hours.
(f) Commercially reasonable maintenance of, or repair to, the consumer reporting agency's systems that is unexpected or unscheduled.
History:
2013, Act 229, Eff. Jan. 1, 2014 ;-- Am. 2018, Act 76, Eff. June 17, 2018
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 229 of 2013 - Security Freeze Act (445.2511 - 445.2542) › Article 2 - (445.2521...445.2527) › Section 445.2525 - Incomplete Credit Application.

445.2525 Incomplete credit application.
Sec. 15.
If, in connection with an application for credit or for any other use, a person requests access to a consumer's credit report while a security freeze is in place and the consumer does not authorize access to the consumer's credit report, the person may treat the application as incomplete.
History:
2013, Act 229, Eff. Jan. 1, 2014
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 229 of 2013 - Security Freeze Act (445.2511 - 445.2542) › Article 2 - (445.2521...445.2527) › Section 445.2526 - Duration of Security Freeze.

445.2526 Duration of security freeze.
Sec. 16.
A security freeze on a consumer's credit report shall remain in place until 1 of the following occurs:
(a) The freeze is temporarily lifted at the consumer's request under section 14.
(b) The freeze is removed at the consumer's request under section 17.
(c) The freeze is removed by the consumer reporting agency because the freeze was placed based on a material misrepresentation of fact by the consumer. However, if a consumer reporting agency intends to remove a security freeze under this subdivision, the consumer reporting agency must notify the consumer in writing of its intent at least 5 business days before removing the security freeze.
History:
2013, Act 229, Eff. Jan. 1, 2014
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 229 of 2013 - Security Freeze Act (445.2511 - 445.2542) › Article 2 - (445.2521...445.2527) › Section 445.2527 - Removal of Security Freeze.

445.2527 Removal of security freeze.
Sec. 17.
(1) A consumer reporting agency shall remove a security freeze on a consumer's credit report if the consumer does all of the following:
(a) Contacts the consumer reporting agency at the address or other point of contact and in the manner specified by the consumer reporting agency for making a request to remove a security freeze.
(b) Requests the removal of the security freeze on his or her credit report.
(c) Provides to the consumer reporting agency sufficient proof of identification of the consumer.
(d) Includes with the request under subdivision (b) the unique personal identification number or password provided to the consumer under section 12(b).
(2) A consumer reporting agency that receives a request for removal of a security freeze under subsection (1) shall comply with the request within 3 business days after receiving the request.
History:
2013, Act 229, Eff. Jan. 1, 2014 ;-- Am. 2018, Act 76, Eff. June 17, 2018
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 229 of 2013 - Security Freeze Act (445.2511 - 445.2542) › Article 3 - (445.2531...445.2535) › Section 445.2531 - Placement of Security Freeze on Protected Consumer's Credit Report; Requirements; Record; Days.

445.2531 Placement of security freeze on protected consumer's credit report; requirements; record; days.
Sec. 21.
(1) A consumer reporting agency shall place a security freeze on a protected consumer's credit report if all of the following are met:
(a) The consumer reporting agency receives a request from the representative of the protected consumer for the placement of the security freeze.
(b) The protected consumer's representative does all of the following:
(i) Submits the request to the consumer reporting agency at the address or other point of contact and in the manner specified by the consumer reporting agency.
(ii) Provides to the consumer reporting agency sufficient proof of identification for the protected consumer and the representative.
(iii) Provides to the consumer reporting agency his or her sufficient proof of authority.
(2) If a consumer reporting agency does not have a file pertaining to a protected consumer when the consumer reporting agency receives a request under subsection (1), the consumer reporting agency shall create a record for the protected consumer.
(3) Within 30 days after receiving a request that meets the requirements of subsection (1), a consumer reporting agency shall place a security freeze for the protected consumer.
History:
2013, Act 229, Eff. Jan. 1, 2014 ;-- Am. 2018, Act 76, Eff. June 17, 2018
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 229 of 2013 - Security Freeze Act (445.2511 - 445.2542) › Article 3 - (445.2531...445.2535) › Section 445.2532 - Release of Protected Consumer's Credit Report, Information, or Record; Duration of Security Freeze.

445.2532 Release of protected consumer's credit report, information, or record; duration of security freeze.
Sec. 22.
(1) If a security freeze is in place, a consumer reporting agency may not release a protected consumer's credit report, any information derived from the protected consumer's credit report, or any record created for the protected consumer.
(2) A security freeze for a protected consumer shall remain in effect until 1 of the following is met:
(a) The protected consumer or the protected consumer's representative requests the consumer reporting agency to remove the security freeze under section 23.
(b) The security freeze is removed under section 25.
History:
2013, Act 229, Eff. Jan. 1, 2014
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 229 of 2013 - Security Freeze Act (445.2511 - 445.2542) › Article 3 - (445.2531...445.2535) › Section 445.2533 - Removal of Security Freeze for Protected Consumer.

445.2533 Removal of security freeze for protected consumer.
Sec. 23.
A consumer reporting agency shall remove a security freeze for a protected consumer placed under section 21 within 30 days after the protected consumer or the protected consumer's representative does all of the following:
(a) Submits a request for the removal of the security freeze to the consumer reporting agency at the address or other point of contact and in the manner specified by the consumer reporting agency.
(b) Provides 1 of the following to the consumer reporting agency:
(i) If the request for removal is submitted by the protected consumer, all of the following:
(A) Proof that the sufficient proof of authority for the protected consumer's representative to act on behalf of the protected consumer is no longer valid.
(B) Sufficient proof of identification of the protected consumer.
(ii) If the request for removal is submitted by the representative of a protected consumer, all of the following:
(A) Sufficient proof of identification of the protected consumer and the representative.
(B) Sufficient proof of authority to act on behalf of the protected consumer.
History:
2013, Act 229, Eff. Jan. 1, 2014 ;-- Am. 2018, Act 76, Eff. June 17, 2018
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 229 of 2013 - Security Freeze Act (445.2511 - 445.2542) › Article 3 - (445.2531...445.2535) › Section 445.2534 - Removal of Security Freeze for Protected Consumer; Time Requirement.

445.2534 Removal of security freeze for protected consumer; time requirement.
Sec. 24.
Within 30 days after receiving a request that meets the requirements of section 23, a consumer reporting agency shall remove a security freeze for the protected consumer.
History:
2013, Act 229, Eff. Jan. 1, 2014
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 229 of 2013 - Security Freeze Act (445.2511 - 445.2542) › Article 3 - (445.2531...445.2535) › Section 445.2535 - Removal of Security Freeze for Protected Consumer; Material Misrepresentation of Fact.

445.2535 Removal of security freeze for protected consumer; material misrepresentation of fact.
Sec. 25.
A consumer reporting agency may remove a security freeze for a protected consumer or delete a record of a protected consumer if the security freeze was placed or the record was created based on a material misrepresentation of fact by the protected consumer or the protected consumer's representative.
History:
2013, Act 229, Eff. Jan. 1, 2014
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 229 of 2013 - Security Freeze Act (445.2511 - 445.2542) › Article 4 - (445.2541...445.2542) › Section 445.2541 - Fee; Prohibition.

445.2541 Fee; prohibition.
Sec. 31.
A consumer reporting agency may not charge a fee for the placement, temporary lifting, or removal of a security freeze for a consumer under article 2 or for a protected consumer under article 3.
History:
2013, Act 229, Eff. Jan. 1, 2014 ;-- Am. 2018, Act 76, Eff. June 17, 2018
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 229 of 2013 - Security Freeze Act (445.2511 - 445.2542) › Article 4 - (445.2541...445.2542) › Section 445.2542 - Injunctive or Judicial Relief.

445.2542 Injunctive or judicial relief.
Sec. 32.
The attorney general may apply to the circuit court for Ingham county, or to the circuit court for the county in which a violation of this act is alleged to have occurred or in which the person that allegedly violated this act resides or is located, for injunctive or other appropriate judicial relief or remedy. However, this act does not create a private cause of action for a violation of this act.
History:
2013, Act 229, Eff. Jan. 1, 2014
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 186 of 2018 - Pyramid Promotional Scheme Act (445.2581 - 445.2586) › Section 445.2581 - Short Title.

445.2581 Short title.
Sec. 1.
This act shall be known and may be cited as the "pyramid promotional scheme act".
History:
2018, Act 186, Eff. Sept. 11, 2018
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 186 of 2018 - Pyramid Promotional Scheme Act (445.2581 - 445.2586) › Section 445.2582 - Definitions.

445.2582 Definitions.
Sec. 2.
As used in this act:
(a) "Compensation" means a payment of any money, thing of value, or financial benefit conferred in return for inducing an individual to participate in a pyramid promotional scheme.
(b) "Consideration" means the payment of cash or anything of value or the purchase of goods, services, or intangible property. The term does not include the purchase of goods or services furnished at cost to be used in making sales and not for resale, or time and effort spent in pursuit of sales or recruiting activities.
(c) "Inventory" means goods, including company-produced promotional materials, sales aids, and sales kits, that a plan or operation requires participants to purchase.
(d) "Inventory loading" means the requirement or encouragement by a plan or operation that its participants purchase inventory in an amount that exceeds the amount that the participant can expect to resell for ultimate consumption or to consume in a reasonable time period, or both.
(e) "Inventory repurchase program" means a program that does all of the following:
(i) Upon request, repurchases all current and marketable inventory in the possession of a participant within 12 months after the date of purchase, at not less than 90% of the original net cost, less appropriate setoffs, if any, when the participant's business relation is terminated.
(ii) Clearly and prominently communicates the terms of the inventory repurchase program in its recruiting literature, sales manual, or contracts with participants, including the manner in which the repurchase is to be exercised and how any setoffs are calculated.
(iii) Clearly and prominently communicates to a participant, before the purchase, in its recruiting literature, sales manual, or contracts with participants, what inventory is excluded from the inventory repurchase program, including inventory that is classified as seasonal, discontinued, special promotion, is no longer within the inventory's commercially reasonable use or shelf life period, or is otherwise not eligible for repurchase under the inventory repurchase program.
(f) "Participant" means an individual who joins a plan or operation.
(g) "Promote" means to contrive, prepare, establish, plan, operate, advertise, or otherwise induce or attempt to induce an individual to participate in a pyramid promotional scheme.
(h) "Pyramid promotional scheme" means any plan or operation in which an individual gives consideration for the opportunity to receive compensation that is derived primarily from recruiting other individuals into the plan or operation rather than from the sale of products or services to ultimate users or from the consumption or use of product or services by ultimate users.
(i) "Ultimate user" means an individual who consumes or uses a product or service, whether or not the individual is a participant in the plan or operation.
History:
2018, Act 186, Eff. Sept. 11, 2018
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 186 of 2018 - Pyramid Promotional Scheme Act (445.2581 - 445.2586) › Section 445.2583 - Promotion or Participation in Pyramid Promotional Scheme; Prohibition; Penalties.

445.2583 Promotion or participation in pyramid promotional scheme; prohibition; penalties.
Sec. 3.
(1) A person shall not promote or participate in a pyramid promotional scheme. A limitation as to the number of individuals who may participate or the presence of additional conditions affecting eligibility for the opportunity to receive compensation under a plan or operation does not change the identity of the plan or operation as a pyramid promotional scheme.
(2) A person that promotes a pyramid promotional scheme is guilty of a felony punishable by 1 or more of the following:
(a) Imprisonment for not more than 7 years.
(b) A fine of not more than $10,000.00 per violation.
(3) A person that knowingly participates in a pyramid promotional scheme is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $1,000.00, or both.
History:
2018, Act 186, Eff. Sept. 11, 2018