Michigan telemarketing rules

The federal registry is the Michigan list

MCL 445.111a(5), (6)

Michigan law makes the federal do not call list the state do not call list for as long as the federal list is maintained. A telephone solicitor may not call a residential telephone subscriber whose name and number are on the current version of that list, and may use the list only for that purpose. The Attorney General says the list covers Michigan consumers at home or on their cell phones. Calling a consumer who asked not to be called by that organization is also an unfair or deceptive act.

Recorded message sales calls

MCL 445.111a(1)

The Home Solicitation Sales Act says a person shall not make a telephone solicitation that consists in whole or in part of a recorded message. The Attorney General lists this among the rules telephone solicitors must follow. The act also treats as unfair or deceptive a voice mail or answering machine message that misrepresents that the consumer has a current business matter or relationship with the caller.

What the caller must say, and caller ID

MCL 445.111b

At the start of a telephone solicitation to a residential subscriber, the caller must state his or her name and the full name of the organization the call is made for, and give that organization's telephone number on request. A natural person must be available to answer that number whenever solicitations are being made and must describe the organization and the solicitation to callers. Intentionally blocking or interfering with caller ID is prohibited.

Calling hours

MCL 750.540e(1)(f)

A Penal Code section on malicious use of telecommunications services, framed around intent to harass, annoy, or disturb the peace of another person, lists an unsolicited commercial telephone call received between 9 p.m. and 9 a.m. That term means a call by a person or recording device soliciting business or contributions on behalf of a person or entity. The Attorney General calls this the Michigan telemarketing curfew. Federal rules separately bar telephone solicitations to residential subscribers before 8 a.m. or after 9 p.m. local time.

Sales disclosures, payment, and cancellation

MCL 445.111c; MCL 445.112

Michigan lists unfair or deceptive acts for telephone solicitors, including failing to clearly disclose the total purchase price, key conditions, and refund or cancellation terms before payment is received. A solicitor may not take payment or charge an account without an express verifiable authorization: a written authorization or confirmation, an oral authorization the solicitor records, or independent third party confirmation. A person who suffers loss may bring a private action. Buyers in a home solicitation sale, which includes a sale solicited by telephone and agreed to at home, may cancel until midnight of the third business day after signing.

Which calls the definitions reach

MCL 445.111(j), (l), (m)

The do not call and caller disclosure duties are written for residential telephone subscribers, defined as people residing in Michigan who have residential telephone service. The definition of telephone solicitation leaves out calls made with the subscriber's prior express invitation or permission, calls to existing customers who have not asked to stop, and calls that ask for a face to face meeting to discuss a purchase without urging a buying decision during the call.

Recording calls

MCL 750.539a(2); MCL 750.539c

Michigan's eavesdropping statute makes it a felony to willfully use any device to eavesdrop on a private conversation without the consent of all parties, whether or not the person is present. Eavesdropping is defined to include recording any part of the private discourse of others without the permission of all persons engaged in it. Parties to an eavesdropped conversation also have civil remedies.