Notes

Cold calling in Michigan requires compliance with stricter state rules: calling hours start at 9 AM (not 8 AM), no holiday calls, and max 3 calls per year to the same person about the same topic. Must identify yourself within 30 seconds and provide a callback number. Scrub against both Michigan DNC and federal NDNC. Manual dialing to non-DNC numbers is permitted. Private right of action available under MCPA for deceptive telemarketing.

ATDS Definition

Michigan follows the federal ATDS definition post-Facebook v. Duguid. No state-specific broader definition.

Exemptions

EBR exemption, nonprofit, political, and B2B exemptions exist.

Statute

M.C.L. § 484.125

Notes

SMS marketing to Michigan consumers follows federal TCPA requirements. Prior express written consent for marketing texts via ATDS. Michigan 3-call limit may apply to text messages directed at the same person about the same subject. FCC one-to-one consent rule (Jan 2025) applies. MCPA private right of action available for deceptive SMS marketing.

ATDS Definition

No Michigan-specific ATDS definition for text messages. Federal TCPA and FCC rules govern SMS consent.

Exemptions

EBR exemption may apply for transactional messages. Marketing SMS requires prior express written consent under federal TCPA.

Statute

M.C.L. § 484.125; 47 U.S.C. § 227

Notes

AI voice agents calling Michigan consumers are governed by federal TCPA and Michigan telephone solicitation rules. Michigan calling hours (9 AM–9 PM), holiday prohibition, and 3-call limit apply. AI must identify as AI at call start per FTC rules. Deceptive AI practices could trigger MCPA liability.

ATDS Definition

No Michigan-specific AI voice statute. AI voice calls fall under federal TCPA and Michigan automated calling restrictions.

Statute

M.C.L. § 484.125; 47 U.S.C. § 227

Notes

Prerecorded telemarketing calls require prior express consent under Michigan law and prior express written consent under federal TCPA for calls to cell phones. Michigan calling hour restrictions (9 AM–9 PM) and holiday prohibition apply to prerecorded calls. 3-call-per-year limit applies.

ATDS Definition

Prerecorded voice solicitations subject to Michigan automated calling restrictions and federal TCPA. Michigan follows the federal ATDS definition.

Exemptions

EBR provides limited exemption for existing customer communications.

Statute

M.C.L. § 484.125; 47 U.S.C. § 227(b)(1)(B)

Notes

RVM not specifically addressed by Michigan statute. Federal TCPA treatment applies — treat as requiring prior express consent. Marketing RVM should require prior express written consent. Michigan calling hour and holiday restrictions likely apply if RVM is treated as a "call."

ATDS Definition

No Michigan-specific RVM statute. Federal TCPA treatment applies.

Statute

47 U.S.C. § 227

Notes

MMS marketing follows same consent requirements as SMS. Prior express written consent for automated marketing MMS under federal TCPA. Michigan 3-call limit and calling hour restrictions apply.

ATDS Definition

MMS treated identically to SMS. No separate Michigan standard.

Exemptions

Same exemptions as SMS.

Statute

M.C.L. § 484.125; 47 U.S.C. § 227

Notes

Unsolicited fax advertising prohibited under federal TCPA/JFPA. Michigan MCPA may apply to deceptive fax advertising. EBR exemption under JFPA with proper opt-out notice on each fax.

ATDS Definition

Fax solicitations governed by federal TCPA/JFPA. Michigan consumer protection statutes also apply.

Exemptions

EBR exemption under JFPA with opt-out notice.

Statute

M.C.L. § 484.125; 47 U.S.C. § 227(b)(1)(C)