SENATE BILL NO. 121


   January 27, 1999, Introduced by Senators STEIL, BULLARD, GOSCHKA,
        SIKKEMA, SHUGARS, GOUGEON, MC MANUS, HAMMERSTROM and DINGELL
        and referred to the Committee on Technology and Energy.



        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) "Commercial sales solicitation" means a telephonic or

 3    mailed attempt to induce a person to purchase or invest in real

 4    property or in a consumer good, service, or commodity.

 5    Commercial sales solicitation does not include an outdoor adver-

 6    tisement, an advertisement in a newspaper or other publication,

 7    periodical, or circular, or a solicitation made to a person at

 8    the person's request.

 9         (b) "Person" means an individual, partnership, corporation,

10    association, or other legal entity.




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 1         Sec. 2.  A person who does not wish to receive commercial

 2    sales solicitations may file with the attorney general a written

 3    statement that expressly provides that the person wishes to have

 4    his or her name placed on a list of those to whom a commercial

 5    sales solicitation shall not be made.  The written statement

 6    shall include the following language in substantially the follow-

 7    ing form:

 8         "I do not wish to receive commercial sales solicitations by

 9    telephone and request that my telephone number appear on a list

10    of those telephone numbers compiled by the attorney general that

11    commercial solicitors are prohibited from calling.  My name and

12    address are [insert name and address ].  My telephone number
             is

13    [insert area code and telephone number].  I understand all of
             the

14    following:

15         (a) That my telephone number will appear on the list for 1

16    year upon my payment of an initial fee of $10.00.

17         (b) That I can renew the listing of my telephone number each

18    year after the first year by paying a fee of $5.00.".

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

20    names and addresses of persons described in section 2 and,

21    subject to terms and conditions that the attorney general may

22    prescribe, make that list available to any person upon the

23    person's request.  The attorney general may charge a person who

24    seeks to review or obtain a copy of the list a reasonable fee for

25    making the list available to that person.  The attorney general

26    shall update the list at least every 30 days.





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 1         (2) A person may have his or her name removed from the list

 2    by providing the attorney general with a written request for the

 3    removal.

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

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

 6    24.328, to implement and administer this act.

 7         Sec. 4.  A person shall not make a commercial sales solici-

 8    tation to a person in this state whose name and address have been

 9    on the list described in section 3 for more than 30 days.

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

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

12         Sec. 6.  A recipient of a commercial sales solicitation who

13    suffers a loss as a result of a violation of this act may bring a

14    civil action to recover his or her actual damages or $50.00,

15    whichever is greater, plus reasonable attorney fees.



























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