445.111 Definitions. Sec. 1. As used in this act: (a) “Home solicitation sale” means a sale of goods or services of more than $25.00 in which the seller or a person acting for the seller engages in a personal, telephonic, or written solicitation of the sale, the solicitation is received by the buyer at a […]
445.111a Telephonic solicitation using recorded message prohibited; establishment of state do-not-call list. Sec. 1a. (1) A home solicitation sale shall not be made by telephonic solicitation using in whole or in part a recorded message. A person shall not make a telephone solicitation that consists in whole or in part of a recorded message. (2) […]
445.111b Information to be provided by person making telephone solicitation; interference with caller ID function prohibited. Sec. 1b. (1) At the beginning of a telephone solicitation, a person making a telephone solicitation to a residential telephone subscriber shall state his or her name and the full name of the organization or other person on whose […]
445.111c Unfair or deceptive act or practice; violation; penalty; damages. Sec. 1c. (1) It is an unfair or deceptive act or practice and a violation of this act for a telephone solicitor to do any of the following: (a) Misrepresent or fail to disclose, in a clear, conspicuous, and intelligible manner and before payment is […]
445.111d Do-not-call list; notice of description and enrollment; “telecommunication provider” defined. Sec. 1d. (1) Beginning 210 days after the effective date of the amendatory act that added this section, if a telephone directory includes residential telephone numbers, a person that publishes a new telephone directory shall include in the telephone directory a notice describing the […]
445.111e Applicability of MCL 445.111a, 445.111b, 445.111c, and 445.111d. Sec. 1e. Sections 1a, 1b, 1c, and 1d do not apply to a person subject to any of the following: (a) The charitable organizations and solicitations act, 1975 PA 169, MCL 400.271 to 400.294. (b) The public safety solicitation act, 1992 PA 298, MCL 14.301 to […]
445.112 Right of buyer to cancel home solicitation sale; time; notice of cancellation; restriction on right to cancel; sale subject to debtor’s right to rescind. Sec. 2. (1) Except as provided in subsection (5), in addition to any right otherwise to revoke an offer, a buyer has the right to cancel a home solicitation sale […]
445.113 Written agreement or offer to purchase; contents; form; cancellation; exceptions; conditions. Sec. 3. (1) In a home solicitation sale, unless the buyer requests the seller to provide goods or services without delay in an emergency, the seller shall present to the buyer and obtain the buyer’s signature to a written agreement or offer to […]
445.114 Tender of payments or goods to buyer; failure to tender goods; effect of noncompliance. Sec. 4. (1) Except as provided in this section, within 10 days after a home solicitation sale has been canceled or an offer to purchase revoked the seller shall tender to the buyer any payments made by the buyer and […]
445.115 Demand by seller for return of goods; care and availability of goods; effect of failure to demand return of goods; compensation for services performed. Sec. 5. (1) Except as provided by section 4(3), if a home solicitation sale has been canceled or an offer to purchase revoked, a seller may demand the return of […]
445.116 Refunds or penalties as set off or defense. Sec. 6. In connection with a home solicitation sale, refunds or penalties to which the debtor is entitled pursuant to this act may be set off against the debtor’s obligation, and may be raised as a defense to an action on the obligation without regard to […]
445.117 Action for collection of home solicitation sale contract. Sec. 7. No person may bring any action in any court of this state for the collection of any home solicitation sale contract without proving that such person was at all times in compliance with this act. History: 1971, Act 227, Imd. Eff. Jan. 3, 1972
