LANSING, Mich. (Oct 9, 2024) — Today, Sen. Mary Cavanagh (D-Redford Twp.) introduced a comprehensive bill package to protect Michigan consumers from unfair, deceptive telephone solicitation tactics. Known as the Telephone Solicitation Act, Senate Bills 1037-1041 will prohibit telephone solicitors from engaging in misleading, disruptive business practices and provide the Attorney General with the authority to act against violators.
“As Chair of the Senate Committee on Finance, Insurance, and Consumer Protection, I am proud to champion this legislation that will finally put an end to harmful telephone solicitation practices that disrupt the everyday lives of Michigan residents,” said Sen. Cavanagh. “It’s well past time that bad actors who take advantage of consumers through deceitful, disingenuous business tactics are held accountable for their wrongdoings, and that’s precisely what this bill package achieves.”
“Robocalls have become a daily nuisance and invasion of privacy, with more and more residents falling victim to these scams,” said Michigan Attorney General Dana Nessel. “I commend Senator Cavanagh for spearheading this legislative effort to crack down on robocalls and protect Michiganders from these harmful and deceptive practices.”
With Michigan residents on the receiving end of over 1 billion robocalls annually since 2018, Senate Democrats collaborated with Attorney General Dana Nessel to develop legal parameters that protect consumers from deceptive telephone solicitation tactics. Specifically, the Telephone Solicitation Act:
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Prohibits telephone solicitation to individuals whose phone numbers are on the Federal Trade Commission’s Do Not Call list;
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Ensures that solicitors provide callers with identifying information, including their name, organization, and purpose of their call;
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Keeps telephone solicitors from blocking caller ID or displaying misleading names, phone numbers, or area codes;
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Establishes requirements for contracts made over telephone solicitation, requiring they be reduced to writing with complete pricing information and contact information of the seller included;
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Prohibits telephone solicitors from engaging in practices that would be reasonably considered as abusive, harassing, or bothersome, including calling or texting at a time other than from 9:00 a.m. to 8:00 p.m.;
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Explicitly defines unfair or deceptive telephone solicitation methods, including misrepresenting the total purchase price of goods sold and making a false statement with the purpose of inducing sales or obtaining personal information from consumers;
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Provides the Attorney General with the authority to bring a civil action against a defendant who has engaged in an alleged violation; and
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Subjects bad actors who target vulnerable individuals to civil fines of up to $50,000 per violation, or $75,000 for each persistent and knowing violation.
“Michiganders deserve to answer the phone without fear of being scammed. This legislation is a critical step toward restoring trust and security for people who have been overwhelmed by misleading and abusive phone calls,” said Sen. Sarah Anthony (D-Lansing). “This legislation will give consumers the tools they need to protect themselves by ensuring those who exploit or deceive Michiganders face real consequences under a new act. This is about putting the power back in the hands of the people.”
“Michiganders receive over a billion robocalls each year, and we must take action to protect our residents from deceptive and invasive practices,” said Sen. Jeremy Moss (D-Southfield). “By strengthening limits and penalties, this legislation sends a clear message: misleading telephone solicitation will not be tolerated in our state. I am committed to defending Michigan consumers from this type of exploitation.”
Senate Bills 1037-1041 have been referred to the Senate Committee on Finance, Insurance, and Consumer Protection where they currently await further deliberation.