445.1771 Definitions. Sec. 1. As used in this act: (a) “Advertisement” means a message or material transmitted over a facsimile machine for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase of real property, goods, or services. (b) “Department” means the department of the attorney general. (c) “Facsimile machine” […]
445.1772 Sending advertisement by facsimile machine; consent. Sec. 2. (1) A person shall not send an advertisement to another person by means of a facsimile machine without first obtaining, by means other than by a facsimile machine, the consent of the person who will receive the advertisement. (2) Consent may be given by telephone to […]
445.1773 Notice of violation; cease and desist order; opportunity to confer; service. Sec. 3. (1) If the attorney general has reason to believe that a person has engaged, is engaging, or is about to engage in an act that violates section 2, he or she shall notify the person of the violation and order the […]
445.1774 Assurance of discontinuance. Sec. 4. (1) The attorney general may accept an assurance of discontinuance of an act which is a violation under section 2 from the person who has engaged, is engaging, or is about to engage in the act. (2) Except for an action commenced pursuant to section 5, the assurance shall […]
445.1775 Injunction, order, decree, or judgment; civil fine; jurisdiction. Sec. 5. (1) If the attorney general has probable cause to believe a person has continued to violate this act after notice has been provided under section 3 or that the person has violated an assurance of discontinuance entered under section 4, the attorney general may […]
445.1776 Civil suit. Sec. 6. A person who receives an advertisement in violation of this act may file a civil suit in the court of proper jurisdiction to recover actual damages or $500.00, whichever is greater, plus reasonable attorney fees, if any of the following occurred before the person received the advertisement: (a) The attorney […]
