HB 6188

HOUSE BILL NO. 6188
A bill to amend 1971 PA 227, entitled
"An act to prescribe the rights and duties of
parties to home solicitation sales; to regulate certain telephone solicitation;
to provide for the powers and duties of certain state officers and entities;
and to prescribe penalties and remedies,"
by amending section 1 (MCL 445.111), as amended by 2009
PA 93.
the people of the state of michigan enact:
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 residence of the buyer, and the buyer's agreement or offer to
purchase is there given to the seller or a
person acting for the seller. Home solicitation sale does not include any of
the following:
(i) A sale made pursuant
to in accordance with a preexisting
revolving charge account.
(ii) A sale made pursuant
to in accordance with prior negotiations
between the parties at a business establishment at a fixed location where goods
or services are offered or exhibited for sale.
(iii) A sale or solicitation of insurance by
an insurance agent licensed by the commissioner of
insurance.under the insurance code of 1956,
1956 PA 218, MCL 500.100 to 500.8302.
(iv) A sale made at a fixed location of a
business establishment where goods or services are offered or exhibited for
sale.
(v) A sale made pursuant
to in accordance with a printed
advertisement in a publication of general circulation.
(vi) A sale of services by a real estate
broker or salesperson licensed by the department of
consumer and industry services.under article 25
of the occupational code, 1980 PA 299, MCL 339.2501 to 339.2518.
(vii) A sale of agricultural or horticultural
equipment and machinery that is demonstrated to the consumer by the vendor at
the request of either or both of the parties.
(b) "Fixed
location" means a place of business where the seller or an agent, servant,
employee, or solicitor of that seller primarily engages in the sale of goods or
services of the same kind as would be sold at the residence of a buyer.
(c) "Business
day" means Monday through Friday. and Business day does
not include Saturday, Sunday, or the any of the following business holidays:
(i) New Year's day, Day.
(ii) Martin Luther King's birthday, King, Jr. Day.
(iii) Washington's birthday, Birthday.
(iv) Memorial day, Day.
(v) Independence day, Day.
(vi) Labor day, Day.
(vii) Columbus day, Day.
(viii) Veterans' day, Day.
(ix) Thanksgiving day, and Day.
(x) Christmas day.Day.
(d) "Federally
insured depository institution" means a state or national bank, state or
federal savings bank, state or federal savings and loan association, or state
or federal credit union that holds deposits insured by an agency of the United
States.
(e) As used in only
the definition of home solicitation sales, sale, "goods or services" does not include
any of the following:
(i) A loan, deposit account, or trust
account lawfully offered or provided by a federally insured depository
institution or a subsidiary or affiliate of a federally insured depository
institution.
(ii) An extension of credit that is subject
to any of the following acts:
(A) The For 6 months after
the effective date of the residential mortgage licensing and supervision act,
the mortgage brokers, lenders, and servicers licensing act, 1987 PA 173,
MCL 445.1651 to 445.1684.
(B) The For 6 months after
the effective date of the residential mortgage licensing and supervision act,
the secondary mortgage loan act, 1981 PA 125, MCL 493.51 to 493.81.
(C) Beginning on the effective date of the residential mortgage
licensing and supervision act, the residential mortgage licensing and
supervision act.
(D) (C) The
regulatory loan act, 1939 PA 21, MCL 493.1 to 493.24.
(E) (D) The
consumer financial services act, 1988 PA 161, MCL 487.2051 to 487.2072.
(F) (E) 1984
PA 379, MCL 493.101 to 493.114.
(G) (F) The
motor vehicle sales finance act, 1950 (Ex Sess) PA 27, MCL 492.101 to 492.141.
(iii) A sale of a security or interest in a
security that is subject to the uniform securities
act, 1964 PA 265, MCL 451.501 to 451.818, or the uniform securities act
(2002), 2008 PA 551, MCL 451.2101 to 451.2703.
(f) "Written
solicitation" means a postcard or other written notice delivered to a
buyer's residence that requests that the buyer contact the seller or seller's
agent by telephone to inquire about a good or service, unless the postcard or
other written notice concerns a previous purchase or order or specifies the
price of the good or service and accurately describes the good or service.
(g)
"ADAD" or "automatic dialing and announcing device" means
any device or system of devices that is used, whether alone or in conjunction
with other equipment, for the purpose of automatically selecting or dialing
telephone numbers.
(h)
"Commission" means the Michigan public
service commission created in section 1 of 1939 PA 3, MCL
460.1.
(i)
"Do-not-call list" means a do-not-call list of consumers and their the consumers' residential
telephone numbers maintained under section 1a by
the commission, by a vendor designated by the commission, or by an agency of
the federal government. , under section 1a.
(j) "Existing
customer" means an individual who has purchased goods or services from a
person, who is the recipient of a voice communication from that person, and who
either paid for the goods or services within the 12 months preceding the voice
communication or has not paid for the goods and services at the time of the
voice communication because of a prior agreement between the person and the
individual.
(k)
"Person" means an individual, partnership, corporation, limited
liability company, association, governmental entity, or other legal entity.
(l) "Residential telephone
subscriber" or "subscriber" means a
person an individual residing in this
state who has residential telephone service.
(m) "Telephone
solicitation" means any voice communication over a telephone for the
purpose of encouraging the recipient of the call to purchase, rent, or invest
in goods or services during that telephone call. Telephone solicitation does
not include any of the following:
(i) A voice communication to a residential
telephone subscriber with that subscriber's express invitation or permission prior to given before the
voice communication.
(ii) A voice communication to an existing
customer of the person on whose behalf the voice communication is made, unless
the existing customer is a consumer who has requested that he or she to not
receive calls from or on behalf of that person under section 1c(1)(g).
(iii) A voice communication to a residential
telephone subscriber in which the caller requests a face-to-face meeting with
the residential telephone subscriber to discuss a purchase, sale, or rental of,
or investment in, goods or services but does not urge the residential telephone
subscriber to make a decision to purchase, sell, rent, invest, or make a
deposit on that good or service during the voice communication.
(n) "Telephone
solicitor" means any person doing business in this state who that makes or
causes to be made a telephone solicitation from within or outside of this
state, including, but not limited to, calls made by use of automated dialing
and announcing devices or by a live person.an individual.
(o)
"Vendor" means a person designated by the commission to maintain a
do-not-call list under section 1a. The term Vendor may include a governmental entity.
Enacting section 1.
This amendatory act does not take effect unless House Bill No. 6177 (request
no. H05171'25) of the 103rd Legislature is enacted into law.