Section 445.61 – Short Title.

445.61 Short title. Sec. 1. This act shall be known and may be cited as the “identity theft protection act”. History: 2004, Act 452, Eff. Mar. 1, 2005

Section 445.63 – Definitions.

445.63 Definitions. Sec. 3. As used in this act: (a) “Agency” means a department, board, commission, office, agency, authority, or other unit of state government of this state. The term includes an institution of higher education of this state. The term does not include a circuit, probate, district, or municipal court. (b) “Breach of the […]

Section 445.64 – Exemption.

445.64 Exemption. Sec. 4. (1) An entity that is subject to or regulated under the insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302, is exempt from this act. (2) An entity that owns, is owned by, or is under common ownership with an entity described in subsection (1), and maintains the same […]

Section 445.65 – Prohibited Acts; Violations; Defense in Civil Action or Criminal Prosecution; Burden of Proof.

445.65 Prohibited acts; violations; defense in civil action or criminal prosecution; burden of proof. Sec. 5. (1) A person shall not do any of the following: (a) With intent to defraud or violate the law, use or attempt to use the personal identifying information of another person to do either of the following: (i) Obtain […]

Section 445.65a – Definitions; Prohibited Acts; Obtaining Confidential Telephone Records by Law Enforcement Agency or Telecommunication Provider.

445.65a Definitions; prohibited acts; obtaining confidential telephone records by law enforcement agency or telecommunication provider. Sec. 5a. (1) As used in this act: (a) “Confidential telephone record” means any of the following: (i) Information that relates to the quantity, technical configuration, type, destination, location, and amount of use of a service offered by a telecommunication […]

Section 445.67 – Additional Prohibited Acts.

445.67 Additional prohibited acts. Sec. 7. A person shall not do any of the following: (a) Make any electronic mail or other communication under false pretenses purporting to be by or on behalf of a business, without the authority or approval of the business, and use that electronic mail or other communication to induce, request, […]

Section 445.67a – Prohibited Acts; Interactive Computer Service Provider Not Liable for Certain Actions; Civil Action by Attorney General or Interactive Computer Service Provider; Exception; Recovery of Damages; Investigation.

445.67a Prohibited acts; interactive computer service provider not liable for certain actions; civil action by attorney general or interactive computer service provider; exception; recovery of damages; investigation. Sec. 7a. (1) A person shall not do any of the following: (a) Make any electronic mail or other communication under false pretenses purporting to be by or […]

Section 445.69 – Certain Violations as Felony; Penalty; Consecutive Sentences; Defense in Civil Action or Criminal Prosecution; Burden of Proof; Exception.

445.69 Certain violations as felony; penalty; consecutive sentences; defense in civil action or criminal prosecution; burden of proof; exception. Sec. 9. (1) Subject to subsection (6), a person who violates section 5 or 7 is guilty of a felony punishable as follows: (a) Except as otherwise provided in subdivisions (b) and (c), by imprisonment for […]

Section 445.71 – Prohibited Acts in Conduct of Trade or Commerce; Violation as Misdemeanor; Penalty; Civil Liability.

445.71 Prohibited acts in conduct of trade or commerce; violation as misdemeanor; penalty; civil liability. Sec. 11. (1) A person shall not do any of the following in the conduct of trade or commerce: (a) Deny credit or public utility service to or reduce the credit limit of a consumer solely because the consumer was […]

Section 445.72 – Notice of Security Breach; Requirements.

445.72 Notice of security breach; requirements. Sec. 12. (1) Unless the person or agency determines that the security breach has not or is not likely to cause substantial loss or injury to, or result in identity theft with respect to, 1 or more residents of this state, a person or agency that owns or licenses […]

Section 445.72a – Destruction of Data Containing Personal Information Required; Violation as Misdemeanor; Fine; Compliance; “Destroy” Defined.

445.72a Destruction of data containing personal information required; violation as misdemeanor; fine; compliance; “destroy” defined. Sec. 12a. (1) Subject to subsection (3), a person or agency that maintains a database that includes personal information regarding multiple individuals shall destroy any data that contain personal information concerning an individual when that data is removed from the […]

Section 445.72b – Misrepresentation by Advertisement or Solicitation Prohibited; Violation as Misdemeanor; Penalty; Civil Remedy.

445.72b Misrepresentation by advertisement or solicitation prohibited; violation as misdemeanor; penalty; civil remedy. Sec. 12b. (1) A person shall not distribute an advertisement or make any other solicitation that misrepresents to the recipient that a security breach has occurred that may affect the recipient. (2) A person shall not distribute an advertisement or make any […]

Section 445.73 – Verification of Information; Use of Vital Record.

445.73 Verification of information; use of vital record. Sec. 13. (1) A law enforcement agency or victim of identity theft may verify information from a vital record from a local registrar or the state registrar in the manner described in section 2881(2) of the public health code, 1978 PA 368, MCL 333.2881. (2) A state […]

Section 445.75 – Repeal of MCL 750.285.

445.75 Repeal of MCL 750.285. Sec. 15. Section 285 of the Michigan penal code, 1931 PA 328, MCL 750.285, is repealed. History: 2004, Act 452, Eff. Mar. 1, 2005

Section 445.77 – Effective Date.

445.77 Effective date. Sec. 17. This act takes effect March 1, 2005. History: 2004, Act 452, Eff. Mar. 1, 2005

Section 445.79 – Property Subject to Forfeiture.

445.79 Property subject to forfeiture. Sec. 19. (1) Except as provided in subsection (2), the following property is subject to forfeiture: (a) Any personal or real property that has been used, possessed, or acquired in a felony violation of this act. (b) Except as provided in subparagraphs (i) to (iii), a conveyance, including an aircraft, […]

Section 445.79a – Seizure of Forfeited Property; Seizure Without Process; Circumstances.

445.79a Seizure of forfeited property; seizure without process; circumstances. Sec. 19a. Property that is subject to forfeiture under this act may be seized upon process issued by the circuit court having jurisdiction over the property. Seizure without process may be made under any of the following circumstances: (a) The property is seized incident to a […]

Section 445.79b – Seizure Without Process of Property Not Exceeding $50,000.00; Procedure; Powers of Seizing Agency; Title; Examination of Seized Money; Return of Money; Burden of Proof.

445.79b Seizure without process of property not exceeding $50,000.00; procedure; powers of seizing agency; title; examination of seized money; return of money; burden of proof. Sec. 19b. (1) If property is seized pursuant to section 19a, forfeiture proceedings shall be instituted promptly. If the property is seized without process as provided under section 19a and […]

Section 445.79c – Forfeited Property; Powers of Local Government or State; Appointment and Authority of Receiver; Payment of Expenses.

445.79c Forfeited property; powers of local government or state; appointment and authority of receiver; payment of expenses. Sec. 19c. (1) When property is forfeited under this act, the local unit of government that seized the property may do any of the following or, if the property is seized by or in the custody of the […]

Section 445.79d – Seizure and Forfeiture Activities; Report by Agency to Department of State Police; Audit; “Reporting Agency” Defined.

445.79d Seizure and forfeiture activities; report by agency to department of state police; audit; “reporting agency” defined. Sec. 19d. (1) Beginning February 1, 2016, each reporting agency shall report all seizure and forfeiture activities under this act to the department of state police as required under the uniform forfeiture reporting act. (2) Beginning February 1, […]