Michigan TCPA and telemarketing law
Michigan has its own telemarketing statute with a private right of action. Its consent standard is stricter than the current federal one.
| Statute | Mich. Comp. Laws § 445.111a et seq.; Mich. Comp. Laws § 484.125 | ↗ |
| Consent standard | Prior express consent | ↗ |
| Stricter than federal | Yes | ↗ |
| Private right of action | Yes | ↗ |
| Statutory damages | $250 / violation | ↗ |
| Covers text messages | No | ↗ |
| Cure period | Not yet verified |
Michigan regulates telemarketing through the Home Solicitation Sales Act and the Michigan Telecommunications Act. A person may not make a telephone solicitation that consists in whole or in part of a recorded message, and may not call residential subscribers on the do-not-call list. The law defines a telephone solicitation as a voice communication, and calls made with the subscriber's express invitation or permission given before the call fall outside that definition. Separately, MCL 484.125 bars recorded commercial advertising to residence, business, or toll-free numbers unless the subscriber consented or provided the number.
A person who suffers loss from a violation of MCL 445.111c may sue for actual damages or $250, whichever is greater, plus attorney fees. A subscriber contacted in violation of MCL 484.125 may recover $1,000 plus attorney fees. Knowing violations can also be misdemeanors.
Source: Mich. Comp. Laws § 445.111a et seq.; Mich. Comp. Laws § 484.125 ↗