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

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]